1. CONDITIONS. Strawberry Marquees will submit a written quotation which the Hirer shall accept in writing: the absence of such written quotation or acceptance however shall not invalidate the Contract, and all the work quoted for and undertaken by, or goods hired from the company shall be subject to these terms and conditions and the Hirer by authorising or allowing work to proceed or goods to be delivered is deemed to have confirmed the Contract and to have accepted these terms and conditions.
2. PERIOD OF HIRE. The period of hire is understood to mean the period for which the tentage or equipment is required to be ready and available for use.
3. (I) CONDITIONS OF SITE. Strawberry Marquees quotation for hire charges is made on the assumption that the site on which the tents or equipment are to be erected or to which goods are delivered is: a) flat level firm ground with easy access for heavy motor transport and – b) has no drain pipes, cables or other services buried beneath the surface or otherwise concealed. If the said site does not comply with these requirements, Strawberry Marquees may in its discretion either rescind the Contract by giving oral or written notice to the Hirer or make additional hire charges. Strawberry Marquees shall not be liable to the Hirer for any loss damage or expense resulting from such rescission of the Contract.
3. (II) EXCLUSION OF STRAWBERRY MARQUEES LIABILITY FOR DAMAGE TO SITE AND SERVICES. Whether the said complies with the foregoing requirements or not, Strawberry Marquees shall not be under any liability whatsoever to make good any damage to the site nor shall Strawberry Marquees be under any liability whatsoever in respect of damage to drain pipes or cables or other services buried under the site or otherwise concealed or any consequential loss resulting from such damage unless an accurate plan showing the precise position of such drain pipes or cables or other services shall have been supplied to Strawberry Marquees
3. (III) THE POSITION OF TENTS AND EQUIPMENT. The Hirer shall provide Strawberry Marquees with a plan showing the position in which the tents or equipment shall be erected or alternatively shall have a representative on the site for that purpose. If the Hirer should fail to provide a plan or have a representative on the site then Classic Event Ltd may erect the tents and equipment where it thinks fit and it shall be deemed to have performed the Contract.
4. VARIATION OF HIRE CHARGES. Strawberry Marquees have the right to vary the quoted hire charges in the event of any increase taken place before or during the period of hire in the cost of labour, materials or transport.
5. HIRE CHARGES. All goods hired are charged whether used or not. Goods collected by customers will be charged extra if not returned on day arranged. The hire charges published in any of Strawberry Marquees printed matter are for the guidance of hirers in estimating costs only and do constitute an offer.
6. PAYMENT. Strawberry Marquees reserves the right to charge a non-refundable deposit of 50 per cent to confirm the booking, the balance payable a week before the erection date unless an earlier time is contracted and agreed.
7. LOSS OR DAMAGE. The Hirer is wholly responsible for all equipment on hire from the time of delivery until collection. He or She or the company will be responsible for the safe custody of Strawberry Marquees property on the site, and will make good to Strawberry Marquees all loss or damage to Strawberry Marquees property or equipment hired or used on the site (other than fair wear and tear) such as breakages, lighting and furniture etc., including those due to theft or burglary, unless it be proved that such loss or damage be caused by faulty material or workmanship or negligence on the part of Strawberry Marquees. No guarantee can be given that equipment will be removed the following day, we will do our best to meet the wishes of our clients whenever possible. We cannot accept any items in place of our own.
8. LIABILITY TO THIRD PARTIES. Strawberry Marquees will not be responsible for and the Hirer will indemnify Strawberry Marquees against all claims for injury to persons or loss of or damage to property howsoever caused unless it is proved that such injury or damage be caused by faulty material or workmanship or negligence on the part of Strawberry Marquees.
9. ERECTION AND DISMANTLING. Strawberry Marquees normally provides labour for erection and dismantling and the cost thereof is included in the hire charges. Under no circumstance must any non Strawberry Marquees staff move or dismantle any marquee equipment which may affect the safety of the structure. Only in exceptional circumstances and by special arrangement in writing will Strawberry Marquees allow the Hirer to erect and/or dismantle Strawberry Marquees property
10. ATTENDANCE. The hire charges do not include attendance by Strawberry Marquees men except during the actual process of erection and dismantling.
11. PERMITS. The Hirer is responsible for giving notice to or obtaining all necessary permits from any authorities who are or may be concerned and must make application where to the Planning Authority, District Surveyor, Police, Fire Brigade, and any similar authority or organisation. Any cost as incurred in delays of staffing costs or modification in the work arising from the absence of or misrepresentation of all such necessary permissions and permits shall be payable to Strawberry Marquees by the Hirer and shall be deemed to be part of the hire charge for the purpose of Clause 6 hereof.
12. FORCE MAJEURE. While every effort will be made by Strawberry Marquees to carry out any order accepted, the full performance of it is subject to variation or cancellation by Strawberry Marquees consequent upon act of God, War, Strikes, Riots, Lock-outs or other labour disturbances, Fire, Flood, Strong Winds (above 55 mph), Restriction on the use of transport, Fuel or Power, Requisitioning, Shortage of Material or Transport or Labour or any other cause beyond the control of Strawberry Marquees.
13. MODIFICATION OF CONTRACT. No verbal representation or arrangements are recognized by Strawberry Marquees and these terms and conditions shall only be modified by a supplementary written contract.
14. CANCELLATION OR PREMATURE TERMINATION OF CONTRACT. In the event of the Hirer desiring to cancel the contract after a firm order has been placed, if the cancellation date is 30 days prior to delivery date, there will be a charge of 100 per cent of the hire charge, if cancellation is 60 days prior to the delivery date, the charge will be 50 per cent of the hire charge excluded the deposit charge.