In these conditions, “The Company” refers to Atlantic Marquees their subcontractors and agents. The “Hirer” refers to signatory of the acceptance form, or any person who could reasonably be said to be acting or to have acted on behalf of the hirer.
All orders are subject to acceptance by the Hirer of these Conditions of Hire, by signing the Company Acceptance Form, is deemed to have acknowledged this fact.
The Hirer must satisfy himself before use that all the equipment ordered has been delivered. The Company’s attention is to be drawn immediately to any miscounts, omissions wrong delivery or faulty equipment. It is the duty of the Hirer to provide at such destination or site, a duly authorised representative to accept the equipment and sign the delivery note. If the Hirer fails to provide this, he will not be permitted to dispute subsequently the facts of the delivery. On collection, the same applies and if no representative is available, then the Company’s count of the equipment together with any damages incurred, must be accepted. Goods must be available for collection at the delivery address unless otherwise agreed. All collections and deliveries will be charged for. Any extra expenses incurred where subsequent journeys are made necessary, will be charged accordingly.
While every effort will be made by the Company to carry out any order accepted, the full performance of it is subject to variation or cancellation by the Company consequent under Act of God, War, Strikes or Riots, lock-outs or any other disturbances, fire, flood, storm, gale or tempest, restrictions on the use of transport, fuel or power, requisitioning, shortage of material or labour, or any other cause beyond the control of the Company.
In the event of the Hirer desiring to cancel or postpone any part of the contract before commencement of hire, unless otherwise agreed in writing with the Company, the Hirer shall pay the Company by way of liquidated or agreed damages a sum, of which any deposit already paid shall form part, equivalent to 25% of the quoted hire charge if written notification is received by the Company more than 28 days before the hire date, 50% if received between 28 and 14 days from the hire date, and 100% if received less than 14 days from the hire date.
The Company shall not be liable for any loss or damage, whether direct or consequential, howsoever arising including but not limited to damage to gas or water pipes, electricity or other cables, sewers or drains, or any other services or structures either above or below ground level.
The equipment hired shall remain the property of the Company and the Hirer agrees to return the said equipment at the expiration of the hire in the same condition as originally delivered (ordinary wear and tear excepted). The Hirer shall at all times be responsible for insuring all goods, from the time of acceptance of the equipment until the time it is returned and accepted back into the possession of the owner, in the same condition and including any consequential loss to the Company. Insurance cover will be arranged by the Company if requested specifically in writing by the Hirer. Insurance against event cancellation is advisable (see clause 9).
Agreements entered into between the Hirer and the Company are not assignable by the Hirer without the written consent of the Company and are between the Company and the Hirer as principals but the Company may without consent assign or sub-contract all of its rights and obligations hereunder.
The Period of Hire is understood to mean the period from the completion of erection to the clearing of the site.
No variation or addition to these conditions shall be effective unless contained on the face of the order or acceptance or in written instrument signed by a Director of a duly assigned officer of the Company and a copy of such instrument is annexed to the order acceptance.