First Choice Marquees History

First Choice Marquees

Finding The Right Marquee

Contact Details

DEFINITIONS:

The Company:
means First Choice Marquees, Unit 2 & 5 Turner Bros. Industrial Estate, Brandon Road, Mildenhall, Suffolk. IP29 7JQ

The Hirer:
means the person or persons hiring the Tentage from the Company.

The Hire Period:
means the period from which the Tentage is delivered to the Hirer until collection by the Company.

The Tentage:
means the tents and ancillary equipment hired by the Company to the Hirer and in accordance with these conditions.

Conditions:
means the standard terms and conditions of hire set out in the document and any special terms and conditions agreed in writing between the Company and the Hirer.

Contract:
means the Contract for the use and hire of the Tentage on the conditions and which is made the acceptance in writing by the Company and the Hirer’s order.

Site:
means the premises on which the Tentage is to be erected.

Writing:
includes any telex cable facsimile transmissions and comparable means of communications

PERIOD OF HIRE:
The hiring of Tentage will commence on the date on which the tentage is delivered to or made available for collection by the Hirer or its agents or delivered to and erected on site by the Company whichever is appropriate.

The hiring of Tentage will terminate on the date which the Tentage is collected from or returned by the Hirer or its agents or collected from the Site by the Company whichever is appropriate.

RENTALS:
The Hirer shall pay to the Company in advance the rental stated on the order. Time shall be of the essence in respect of the payment of all sums due hereunder and the Hirer shall be deemed to have repudiated this Contract if any rental or other payments shall remain unpaid for more than 30 days after becoming due.

The Company reserves the right to charge interest at the rate of 2% per month on any rentals or other payments outstanding in excess of 30 days.

The Company reserves the right to charge a deposit to cover part or all of the value of the Tentage to be paid on a date or dates to be agreed between the parties.

For avoidance of doubt the Hirer acknowledges that the Rental does not include any charge for the Company to reinstate the site to its pre-hire state.

REVISION OF RENTAL:
The Hirer expressly acknowledges and accepts that the Company shall be entitled to revise the Rentals stated on the order (by such amount as the Company shall in its absolute discretion determine) at any time before commencement of the Hire period.

    (a) in the event that there is substantial increase in labour or transport cost; or

    (b) if the assumption that the Site is level firm and grassed with easy access and free from over
      head or underground obstructions and upon which the assumption the Rental quoted on the
      order was made is not met; or

    (c) if strong winds in excess of force 6 hamper the Company’s progress on the site so that it has to
      employ extra staff to ensure that the Tentage is in place for the Commencement of the Hire
      Period.
Any such revision will be notified by the Company to the Hirer as soon as practicable. In the event that the Hirer does not accept such price revision or in the circumstances outlined in clause 4.1(b) it is not possible to relocate the Tentage within the Site the Hirer shall have the right for a period of seven days after receipt of such notification to serve notice on the Company cancelling this Contract subject to the return of any Tentage then in the possession of the Hirer in good repair and condition and subject to any costs incurred by the Company prior to notification the Hirer will incur no other liability or obligation to the Company on account of such cancellation and clause 10 of these Conditions shall not apply.

SITING:
The Hirer shall obtain all necessary consent and approvals from the Local Authority and other
authorities and Site owners prior to the erection of Tentage. The Hirer undertakes to indemnify the Company in respect of all costs whatever nature incurred by any delay arising from the failure of the Hirer to obtain such consent and approvals, and any costs for calculations or any modifications to the equipment which are a condition of any such consent or approval.

The Hirer shall ensure that the Site is level, free of obstructions and has no risk of flooding or has sufficient natural drainage.

The Company shall be granted access to the Site for the purpose of erecting and dismantling the Tentage for such periods as the Company shall require. Such access to be suitable for the Company’s use.

The Hirer shall be responsible prior to commencement of the Hire Period for indicating on the Site with ropes and other markers the position and route of underground or overhead services (if any). The Company accepts no responsibility whatsoever for damage to the underground or overhead services in the event of the Hirer’s failure to adequately mark the site the cost of repair being borne by the Hirer.

A representative of the Hirer shall be in attendance to demonstrate the position on the Site in which the Tentage is to be erected or the Hirer shall provide a detailed plan for such purpose. If no representative or detailed plan is supplied to the Company on its arrival at the Site the Company shall be deemed to have fulfilled its obligations under the Contract by erecting the Tentage in such a position on the Site as it or its employees think fit without liability for any damage caused to any underground services or other property the responsibility and costs of repair of which shall be bourne by the Hirer.

Whenever the Hirer hire Tentage comprising electrical apparatus the Hirer must provide a suitable 240 volt power point or supply within 15 meters of the Tentage unless otherwise agreed in writing.

Other than Tentage and ancillary equipment installed by the Company no lighting heating cooking or other gas or electrical appliances of any kind shall be used in or adjacent to any Tentage hired from the Company without the previous consent in writing of the Company except in Tentage which is specially designated a catering area.

DUTIES OF THE HIRER:
The Hirer shall during the continuance of the Hire Period:-
    (a) maintain at its own expense the Tentage on the Site to the same standard of repair as on
      collection of delivery;

    (b) not make an alteration modification or addition to the Tentage without prior consent in writing of
      the Company;

    (c) bear the cost of the repair of any damage caused to the Tentage from any risk;

    (d) ensure that the temperature inside the tents forming part of the equipment does not fall below
      12°C in the event of snow being forecast or falling;

    (e) not to sell assign mortgage let on hire or otherwise dispose or part with the letting of the Tentage
      or change the benefit of the Contract nor attempt or purport to do so.

The Hirer shall be solely responsible for and indemnify the Company in respect of all loss or damage to the Tentage (insofar as the Company shall not be reimbursed by the proceeds of insurance in respect thereof) however caused occurring at any time before termination of the Hire Period.

MOBILE TOILET UNITS:
The Provisions of this clause shall apply where the Company has agreed to hire to the Hirer one or more mobile toilet units (“the units”). Where there is any inconsistency between the provisions of this clause shall prevail.

The Hirer shall be responsible for ensuring that the access to the Site will support the transportation of the Units and if necessary the Hirer shall construct a platform over which the Units can be transported. The Company accept no liability whatsoever for any loss or damage to the Units arising during the transportation loading or unloading of the Units.

The Hirer shall be responsible for connecting the Units to the mains water drainage and electricity. Emptying and drainage of the Units are the responsibility of the Hirer unless
otherwise agreed in writing.

CONTRACT RESPONSIBILITY / INSURANCE:
The Company Strongly advice the Hirer to take out insurance to cover the Tentage and associated hire items. The Hirer is responsible contractually for any damage However caused. Risk shall pass to the Hirer at the commencement of the Hire Period and repass to the Company upon the termination of the Hire Period. The Hirer shall throughout each hire period keep the Tentage insured in its full replacement value as notified from time to time by the Company to the Hirer with a reputable insurance company against loss or damage from all risks (including third party risks). The Hirer shall notify such insurers that the Tentage is on hire from the Company and requests the insurers to endorse a note of such interest on the policy of insurance naming the Company as loss payees, shall produce the policy of
insurance, the premium receipts and certificate of insurance to the Company upon demand and shall not use or allow Tentage to be used for any purpose or in any country not permitted by the terms and conditions of the policy or do or allow to be done any act or thing whereby the insurance may be invalidated. The Hirer shall indemnify the Company against all loss or damage to the Tentage not recoverable under the policy or insurance.

Where an event or an accident shall occur which is a risk covered by the Hirer’s policy of insurance, the Hirer shall immediately notify the Company thereof, shall not compromise any claim without the consent of the Company, shall allow the Company to take over any conduct of the negotiations (except in relation to claims of the Hirer for personal injuries, loss of the Tentage or loss or damage to property of the Hirer unconnected with the Tentage) and shall at the expense of the Hirer take such proceedings (in the sole name of the Hirer or jointly with the Company, as the Company shall direct) holding all sums recovered together with any monies received by the Hirer under its policy of insurance on trust for the Company and paying or applying the same as the Company directs and as herein provided.

If the Tentage is declared a total loss, the hire thereof shall terminate and the Company shall apply any proceeds of insurance received by it at its option;
    1. towards a replacement of equivalent value which replacement shall be deemed to be
      including in this Agreement for purpose and the Hirer shall continue to be liable for all
      rentals as if such loss had not taken place; or

    2. in or towards payment to the Company of the sum necessary to compensate the Company for loss
      of profit suffered as a result of the loss of Tentage.


The Hirer shall be liable to pay the Company any amount deducted by the insurers by way of excess or in respect of damage caused to the Tentage (prior to the date of total loss and (subject to the Application of insurance proceeds under clause 8.3.2 above) shall indemnify the Company against all and any loss suffered by it in consequence of termination of this Agreement.

GENERAL LIABILITY:
The Hirer shall be solely responsible for and hold the Company fully indemnified against all claims demands liabilities losses damages proceedings and expenses which may be brought against or incurred by the Company as a result of any accident involving the Tentage (Other than death or personal injury resulting from the negligence of the Company, its employees or its agents).

The Hire shall be solely responsible for and hold the Company indemnified against all claims demands liabilities losses damages proceedings cost and expenses suffered or incurred by the Company as a result of any breach or default on the part of the Hirer in discharge of its obligations under this Contact.

CANCELLATION:
The Hirer may cancel the Contract prior to the commencement of the Hire Period by notifying the Company in writing and paying by way of liquidated damages:-
    1. the full rental if notice is received less than 14 days prior to the commencement of the
      Hire Period; or

    2. 50% of the rental if notice is received between 28 and 14 days prior to commencement of
      the Hire Period; or
    3. 25% of the rental in notice is received more than 28 days prior to the commencement of
      the Hire Period.

TERMINATION:
If the Hirer shall fail to pay any rental or any other sum payable under this Contact within 30 days of it becoming due or shall commit a breach of the terms and conditions of this Contract or shall do or allow to be done any act or thing which in the opinion of the Company may jeopardies the Company’s rights in Tentage or part of the Tentage in each and every case the Hirer shall be deemed to have repudiated this Contract and the Company may thereupon or at anytime thereafter by notice in writing to the Hirer for all purposes forthwith terminate this Contract.

In the event that:-
    1. the Hirer make any voluntary arrangement with its creditors or becomes subject to an
      administration order or (being an individual or firm) becomes bankrupt (or being a
      company) goes into liquidation (otherwise than for the purpose of voluntary solvent
      amalgamation or reconstruction); or
    2. an encumbrancer takes possession of a receiver is appointed over any property or as
      sets of the Hirer; or
    3. the Hirer ceases or threatens to cease carrying on business; or
    4. the Company reasonably apprehends that any of the events mentioned above is about to
      occur relating to the Hirer and notifies the Hirer accordingly;

the Company shall without prejudice to any other rights or remedies available to it be entitled to cancel the Contract and enter on to the Site to regain possession of the Tentage.

The Hirer shall upon termination under clause 11.1 and/or 11.2 above pay the Company
    1. all arrears of rental then due and all other sums occurred due and unpaid at the date of
      termination together with interest thereon payable under clause 3.2 hereof; and
    2. the cost of all repairs required as the date of termination; and
    3. any other sums which are or become due to the Company or to which the Company is
      entitled by way of damages.
On termination of the Contract howsoever occasioned or on expiry of the Hire Period the Hirer shall return the Tentage or permit or obtain access to the Site the Company and its employees for the purpose of dismantling and removing the Tentage at such times and for such periods as the Company may require.

FORCE MAJEURE:
Whilst the Company will use all reasonable endeavors to discharge its obligations under this Contract in a prompt and efficient manner it does not accept responsibility for any failure in delay caused by circumstances beyond its control without prejudice to the generality of the foregoing by strikes, lockouts, fires, accidents, defective materials, lack of availability for materials, storm, tempest, ingress of water, snow, war or civil commotion, government
regulation or Acts of God.

NOTICES:
Notices shall be deemed to have been served on the party in the case of positioning by first class post within 48 hours after posting and when dispatched in the case of telex, facsimile copy or cable and addressed to the party at its registered office or any address notified to the other party in writing.

GOVERNING LAW:
This Contract shall be governed by and construed in accordance with the laws of England and Wales and subject to the jurisdiction of the English Courts.

VARIATION:
No variation of these conditions shall be binding on the Company unless agreed in writing and signed by on behalf of the Company.

Any typographical, clerical or other error or omission in any hire literature price list
acceptance of order invoice or other document shall be subject to correction without any liability on the part of the Company