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Terms and Conditions

TERMS AND CONDITIONS OF HIRE

1. Definition: The ‘Company’ means Sophisto UK. The ‘Hirer’ means the firm, company public authority (and their respective successors), person/s hiring Equipment from the Company. The ‘Equipment’ means any marquee, tent or part thereof and including mobile toilets, exhibition and display equipment and or accessories, either used with or without a marquee. Where two or more persons constitute the hirer then all obligations entered into by such persons under the hire contract shall be joint and several and all words importing the singular shall include the plural.
2. Agreement: The Company will issue a booking or order confirmation form, which the Hirer shall accept by returning a copy of the booking form with the signature of the Hirer and the necessary deposit. No booking is confirmed until the signed booking form, deposit and full payment have been received by the Company, and the Company has confirmed its acceptance. Orders are accepted subject to Equipment being available for the required date at the time of the order.
3. Force Majeure: The performance of the Company’s obligations hereunder is subject to variation or cancellation upon Act of God, war, strikes, riots, lockouts, labour disturbances, fire, flood, adverse weather conditions, restrictions on the use of transport, fuel, power or any other cause beyond the control of the Company. In the event of frustration of the Agreement due to any of the above causes the Contract shall be deemed to be complete and the Hirer shall not be entitled to any compensation from the Company.
4. Positioning of Equipment/Site: The hirer himself shall be or have a representative on site at the time of erection or supply a scale plan showing the required position and site of the Equipment prior to the start of the hire period. The Hirer shall ensure that the site is served by a firm access road with adequate hard standing and that the site is firm, level, free from flooding, trees, animal waste (to be cleaned by Hirer), ground pipes, wires or other conduits of services which might suffer damage occasioned by the transport, erection, use or dismantling of the Equipment. Any resulting additional costs incurred by the Company shall be paid for by the Hirer. Although the Company will endeavor to take every care when delivering, installing and removing Equipment, it shall not be  liable for any damage or loss to the site, site access, plants, overhead or underground conduits or services occasioned thereby and the Hirer shall indemnify the company from and against all actions, claims, costs, demands and liabilities in connection therewith. Re-positioning of Marquee and Equipments once works have begun incurs and additional 70% of the original fill hire charge. All types of marquee floorings and edging can only be made as level as the underlying ground. If the underlying ground is uneven this may affect the flooring. Prices include erecting and dismantling on level grass, a surcharge maybe made for hard standing or awkward sites. The Hirer shall not interfere with or adjust the Equipment in any whatsoever, other than with written Company permission. Any such interference or adjustments to the Equipment resulting in any loss or damage shall be paid for in accordance with these Terms and Conditions.
5. Period of Hire: The period of hire will be specified on the hire agreement. All hire charges are for a period of 1-2 days only unless agreed otherwise with the Hirer on the booking form or order confirmation. Thereafter, an additional surcharge of 15% is carried per day of the total hire charge.
6. Loss or Damage: The Hirer will reimburse the Company for the cost of all loss or damage to the Hired Equipment. Reimbursement is at current replacement value, irrespective of the age of Equipment and no substitutes are accepted. Security arrangements of Hired Equipment is the responsibility of the Hirer. Should Equipment not be returned in a clean working order and in the condition it was delivered in (including catering equipment) the Hirer is liable to surcharges by the Company of making good of or current replacement value of the Equipment. The Company cannot accept responsibility for the safety of the Hirer’s own equipment stored or housed in the Company’s marquees
7. Fire Prevention: Other than the Equipment installed by the Company in or around its marquees, no lighting, heating, cooking or other gas or electrical appliances smoking of any kind shall be used and no smoking is to occur in or next to any Equipment hired from the Company without previous written consent from the Company.
8. Insurance: Insurance against theft, loss damages, vandalism, public liability, extreme weather conditions, marquees and equipment in the responsibility of the Hirer. It is the responsibility of the Hirer to take their own insurance to cover cancellation due to adverse weather conditions. If the marquee needs to be cancelled by Sophisto UK due to bad weather conditions (e.g. wind speeds exceeding the loadings on the particular structure being hired) then it is the Hirer’s responsibility to cover the cost and the Hirer is liable to pay the full hiring charge. The Hirer may however pay the Company an additional charge for insurance of the Equipment.
9. Liability to Third Parties: The delivery site is treated as a construction site, the Hirer and all third  parties must take their own precautions as to their own safety and should not enter the site during loading, unloading, assembly and dismantling of Equipment. The company accepts no liability for injury or damage caused to the hirer or third parties during the hire period. The Company will not be liable for any claim for personal injury, death, loss or damage to property howsoever caused unless it is proved that such injury was caused by faulty material, workmanship or negligence on the part of the Company. Marquees are intended as temporary constructions and to a certain degree will not safeguard fully against weather conditions. Therefore the Company accepts no claims liable from this clause. Any gutters cannot be guaranteed against leakage. When hiring or purchasing a marquee/shelter the Hirer or purchaser must be sure that the marquee/shelter is suitable for the intended use as the Company accepts no liability.
10.  Cancellation: If the Hirer cancels the Agreement earlier than 12 weeks before the date of the hire period, no charge shall be made by the Company to the Hirer but the deposit will be retained by the Company. If the Hirer cancels the Agreement within 12 weeks of the hire period, the Hirer shall be liable to pay the hire charge in full to the Company. In respect of loss caused to the Company by cancellation of the Hire Contract the Hirer whether before or after the commencement of the Hire Period in particular Hire Charges shall be continued at the Hire Rate until settlement has been effected. Any cancellation must be received in writing by the Hirer only 12 weeks prior to start of hire period. Acknowledgment from Sophisto UK will confirm cancellation. Cancellations of late bookings incur the hire charge in full.
11.  Termination of Hire Period: The Hire Period shall determine and the Company shall be entitled to immediate recovery of the Equipment in the following events:
    1. Expiry of the Hire Period specified in the Hire Contract, or
    2. immediately upon breach by the Hirer of these terms and conditions of Hire, or
    3. Pursuant to Condition 3, or
    4. in the event of loss or damage of the Equipment upon such date as the Company agrees to accept from the Hirer the Equipment in its then state and condition and compensations in accordance with these terms and conditions of hire.
12. Payment Terms: The full hire charge must be paid prior to the Equipment being supplied. If payment in full is not received by the Company 21 days before the hire period (unless another time period is agreed in writing by the Company), the Hirer will be deemed to have terminated the Agreement and will be liable to cancellation charges as set out above. A returnable deposit (provided no breach of these terms and conditions) is required over and above the full hire charge at the time of booking. All cheques must be received 28 days prior to delivery. Any Cash payments should be received 21 days prior to delivery. All late Payments incur a charge of 3% over the base rate of Barclays Bank Plc. The Company reserves the right to vary the Hire Rate in the event of the increase in the cost of labour, materials or transport. Special Hire Rates will be payable to the Company for delivery, collection, or installation or use of the Equipment on site which do not conform to the requirements of the Company (i.e: un-level ground or passing through property above ground level). Delays in completing an order should not be grounds for withholding payments of partial deliveries already made. All late bookings require payment in clear funds at United Marquees Office prior to loading. If there is any waiting/wasted time for Sophisto UK operatives either at the time of delivery/collection or onsite, there is a charge of £20.00 per hour per operative and £25.00 per hour per vehicle.
13. Alterations: Any additions, alterations or variations to the Equipment will be carried out by the Company only upon written instruction from the Hirer and at the Hirer’s expense. No client alterations on this form are accepted. A reduction in your order or a change of dates shall not constitute to a reduction in the total hiring charge. Any additions to your order shall incur an additional cost to the total hire charge.
14. Delivery and Collection: Customers must satisfy themselves at the time of delivery that all Equipment ordered has been delivered and attention should be drawn to any miscounts, omissions, or damaged Equipment PRIOR to commencement of hire period. Delivery Dates are in good faith (time being excluded as being of the essence for any orders) and we shall not be liable for failure or delays or partial deliveries due to force majeure. All booking and erection timings are approximate. All bookings are subject to delivery and collection charges. Hire charges are calculated on the understanding that the site has easy access for transport, additional charges will be levied if Equipment is to be carried through property or erected other than ground level. At the time when goods on hire are collected by or delivered to the Hirer or his representative, the Hirer has the responsibility for inspecting the goods and signing Sophisto UK delivery note. In the event of shortage or damage the Hirer shall endorse the note accordingly at the time of delivery or collection. If the Hirer fails to perform any of the obligations under this condition, all goods will be deemed to have been delivered in a satisfactory condition and as specified in the delivery note. Equipment must be available for collection at the delivery address on the booking form or order confirmation. All deliveries and collections, including aborted deliveries and collections will be charge for. Whosever from the Hirer signs the delivery note is deemed by Sophisto UK to be the appointed and authorised representative of the Hirer, and full responsibility for the goods is transferred to the Hirer from that point, until the collection of Equipment. Deliveries and collections on the same day, weekends or evenings will be charged at additional rates. It is the responsibility of the Hirer to inform and provide the Company with any permits for any road restrictions that may affect delivery and to allow for clear parking of delivery. Failure to do so shall result in the Hirer indemnifying the Company in any resulting costs. If due to force majeure, the Company is unable to collect the Equipment after the collection date, the Hirer is fully responsible for the Equipment until it has been collected by the Company.
15.  Repairs: If during the Hire Period the Company decides that urgent repairs to the Equipment are necessary it may arrange for such repairs to be carried out on site or at any location of its nomination. If the Company shall in its opinion be unable to repair or replace the Equipment in accordance then provided the Company returns to the Hirer any monies paid by the Hirer to the Company in respect of the unexpired part of the Hire period the Company shall be under no further obligation or liability to Hirer whatsoever, provided nothing in this Agreement shall oblige the Company to repair or make good any loss or damage to the Equipment caused by an act or default of the Hirer or its invitees. The Charge does not include making good or repair of damage to site.
16.  Company’s Right on Termination: Upon termination of this Agreement the company shall be entitled without notice to take possession of the Equipment and without prejudice to its other rights and remedies hereunder and for that purpose by itself its servants or agents enter upon any land or premises on or in which the Equipment is believed by the Company to be stipulated and the Hirer hereby authorizes the Company to enter upon its said land for this purpose. No relaxation, forbearance, delay, waiver of breach or indulgence by the Company in enforcing any of the terms and conditions of this Agreement whether express or implied shall prejudice, effect, or restrict the rights and powers of the Company hereunder.
17.  Compliance with Statute and Competent Operation: During the Hire Period the Hirer shall be responsible for obtaining and thereafter maintaining: All consents, licenses, or permits in connection with the use of the Equipment under Statute, Bylaw or regulation from time to time in force shall produce to the Company on demand all such consents, licenses or permits. ii) Any warning lamps and warning notices that may be required.
18. Inspection: The Hirer shall permit any person authorized by the company at any time upon the premises upon which the Equipment is placed for the purpose of inspecting and examining the condition of the Equipment.
19. Client Conditions: Unless otherwise agreed in writing by the Company these Terms and Conditions shall override any terms or conditions stipulated, incorporated or referred to by the Hirer in his order or negotiations.
20.  Provision Labour and Services by the Company and Hirer: If the Company is required to provide supervision labour or staff in connection with installation or delivery of Equipment the Hire Charges are calculated on the basis that all relevant information has been supplied by the Hirer and that nothing unforeseen becomes apparent on delivery or installation. Where electrical equipment is hired, the Hirer is to provide and earthed supply of electric power and shall be fully responsible for the adequacy and reliability of that supply. The Company accepts no liability arising from this clause.
21.  No Title to Hirer: All Equipment remains the property of Sophisto UK at all times and no title shall pass to the Hirer. The hirer shall not sell, offer for sale, pledge, underlet, assign, encumber, or otherwise deal or part with the possession of the Equipment to any other party, nor to any other address than that stated on the booking form or order confirmation

 

The above conditions can only be modified by notice from the Company to the Hirer.

 

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