COOPERS MARQUEES LTD
STANDARD TERMS AND CONDITIONS OF HIRE
1.1 In these Conditions the following words shall have the following meanings:
“Conditions” these terms and conditions including (where the context permits) any specific terms agreed in writing between the Company and the Hirer in accordance with clause 2.3 of the Conditions;
“Commencement Date” the date on which the Equipment is delivered to the Hirer, such date to be agreed in advance in writing between the Parties;
“Company” Coopers Marquees Limited (registered number 4290990);
“Equipment” the marquee(s), furniture and/or other equipment specified in the Quotation Sheet;
“Event Date” the date of the event for which the Equipment is hired as specified in the Quotation Sheet;
“Fee” the hire fee detailed in the Quotation Sheet payable by the Hirer to the Company pursuant to clause 5 of the Conditions;
“Hire Agreement” the agreement between the Company and the Hirer for the hire of the Equipment of which the Conditions and the Quotation Sheet form a part;
“Hire Period” the period from the time of delivery of the Equipment by the Company to the Hirer to the time of collection of the Equipment by the Company from the Hirer;
“Hirer” the person(s), firm or company specified as such in the Quotation Sheet;
“Order Date” the date on which the Hirer places an order (either verbally or in writing) for the hire of the Equipment pursuant to the Quotation Sheet;
“Parties” the Hirer and the Company and their successors and “Party” shall be construed accordingly;
“Quotation Sheet” the quote sheet to which the Conditions are appended or refer;
“Site” the site on which the Equipment is to be located during the Hire Period.
2.1. The Conditions shall apply the Hire Agreement to the exclusion of all other terms and conditions including any terms and/or conditions which the Hirer may purport to apply under any purchase order confirmation of order or similar document.
2.2 By accepting (whether verbally or in writing) the terms set out in the Quotation Sheet the Hirer shall be deemed to have entered into the Hire Agreement.
2.3 No variation or addition to the Conditions (including any special terms and conditions agreed between the Parties) shall be effective unless agreed in writing by the Company and the Hirer.
3. Hire of the Equipment
In consideration of the payment of the Fee, the Company shall hire the Equipment to the Hirer during the Hire Period in accordance with the terms of the Hire Agreement.
4. Orders and Specifications
4.1 The Hirer shall be responsible to the Company for the accuracy of the terms of any order submitted by the Hirer (either verbally or in writing) to the Company and for giving the Company all necessary information and/or requirements within a sufficient time to enable the Company perform the Hire Agreement in accordance with its terms.
4.2 The quantity, quality and description of and any specification for the Equipment shall be those set out in the Quotation Sheet.
4.3 The Hirer shall either (a) not less than 48 hours prior to the Commencement Date provide the Company with a plan showing clearly the position in which the Equipment is to be erected on the Site; or (b) ensure that the Hirer or an authorised representative of the Hirer is present on the Site on the Commencement Date to provide the Company or its agents with clear instructions as to the position in which the Equipment is to be erected on the Site.
4.4 The Hirer shall not less than 48 hours prior to the Commencement Date supply the Company with information on any drains, pipes and cables which may be affected by the presence of the Equipment on the Site during the Hire Period.
4.5 If the Hirer shall fail to comply with clause 4.3 of the Conditions, the Hirer shall be deemed to have accepted the position in which the Company or its agents erect the Equipment on the Site.
4.6 Subject to the Company having complied with any instructions of the Hirer given pursuant to clauses 4.3 and 4.4 of the Conditions, the Hirer shall make good any damage to any drains, pipes and cables, or to the Site, which results either directly or indirectly from presence of the Equipment on the Site.
5. Hire Charges
5.1 The Hirer shall pay to the Company a deposit of 20% of the Fee within 7 days of receipt by the Hirer from the Company of a written request for the same.
5.2 If the Hire Agreement is terminated by the Hirer for any reason the Company shall retain the deposit payable by the Hirer pursuant to clause 5.1 of the Conditions.
5.3 The Hirer shall pay to the Company 80% of the Fee at least 14 days prior to the Commencement Date.
5.4 For the avoidance of doubt the Fee shall not include and the Hirer shall pay to the Company in addition to the Fee within 14 days of receipt of an invoice for the same:
5.4.1 the cost of the attendance by the Company’s staff at the Site other than during the erecting, dismantling or placing of the Equipment;
5.4.2 the cost of erecting, dismantling or placing tables and/or chairs;
5.4.3 in the event of the emergency which is not caused by the Company, the cost to the Company of substituting alternative marquee(s), equipment or furniture with a view to providing the Hirer with marquee(s), equipment or furniture which is/are as near as possible the equivalent of their Equipment requirements (as set out in the Quotation Sheet);
5.4.4 if the Site is reasonably deemed by the Company to be unsuitable for the Equipment, the cost of such additional labour as is required by the Company to make the Site suitable for the Equipment;
5.4.5 any additional cost to the Company which is due to any factor beyond the control of the Company, any change in delivery dates, quantities or specifications for the Equipment which is requested by the Hirer or any delay caused by any instructions of the Hirer or failure of the Hirer to give the Company adequate information or instructions.
5.5 If the Hirer terminates the Hire Agreement without giving the Company written notice of at least 28 days, the Hirer shall indemnify the Company against any costs incurred by the Company in connection with the Hire Agreement up to the date of such termination;
5.6 If the Hirer fails to comply with the terms of this clause 5 the Company shall have the right to terminate the Hire Agreement with immediate effect and/or enter the Site and remove any Equipment from the Site.
6. Further Obligations of the Hirer
The Hirer shall:
6.1 permit the Company or its agents at all reasonable times during the Hire Period to enter upon the Site to inspect the condition of the Equipment, or collect it in accordance with clause 5.6.
6.2 ensure that the Equipment will be safe and without risk when properly used by the Hirer or authorised users;
6.3 ensure that during the Hire Period no cooking takes place in any part of a marquee or tent included in the Equipment not specifically designated for cooking and shall pay the Company’s reasonable costs of cleaning any such Equipment if the Company finds any evidence of cooking having taken place therein;
6.4 take all reasonable and proper care of the Equipment and keep the same in good and serviceable condition (reasonable fair wear and tear excepted) and indemnify the Company against loss of or damage to the Equipment howsoever caused;
6.5 be responsible for ensuring that the Equipment is insured during the Hire Period against fire, theft and malicious damage unless quoted otherwise.
7. General Liability
7.1 The Hirer shall be responsible for and shall indemnify the Company against all liabilities incurred by the Company as a result of the installation and/or use during the Hire Period of the Equipment (other than death or personal injury resulting from the negligence of the Company, its employees or agents).
7.2 The Hirer shall be solely responsible for and shall indemnify the Company against all liabilities suffered or incurred by the Company as a result of any breach or default on the part of the Hirer in the discharge of its obligations under the Hire Agreement.
8.1 Subject to clause 5.5, the Hire Agreement may be terminated by the Hirer at any time prior to the Event Date by written notice to the Company and if it is so terminated a cancellation charge shall be payable by the Hirer to the Company (in addition to the non-refundable deposit payable pursuant to clause 5.1) which shall be calculated as follows:
Length of notice given by Hirer Cancellation Charge
More than 6 months 5% of the Fee
Between 28 days and 6 months 30% of the Fee
Less than 28 days 50% of the Fee
Less than 7 days 90% of the Fee
8.2 If the Hirer is declared, or becomes, insolvent, or the Company reasonably concludes that the Hirer is insolvent, then in each and every such case the Hire Agreement shall without notice terminate and no payment subsequently accepted by the Company without knowledge of such termination shall in any way prejudice or affect the operation of this clause.
8.3 The Hirer shall upon any termination under clause 8.2 pay to the Company:
8.3.1 any portion of the Fee and other sums then due under the Hire Agreement;
8.3.2 compensation for the loss suffered by the Company as a result of such termination, such loss being determined by the Company having regard to all relevant circumstances.
8.4 The termination of the Hire Agreement shall not affect any rights of the Company or liabilities of the Hirer subsisting at the date of termination.
9. Force Majeure
The Company shall not have any liability or be deemed to be in breach of the Hire Agreement for any delay or failure in the performance of its obligations under the Hire Agreement which results from circumstances beyond the reasonable control of the Company.
10.1 Any notice required or permitted to be given by either Party to the other under the Conditions shall be in writing addressed to the other Party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the Party giving the notice.
10.2 No waiver by the Company of any breach of the Hire Agreement by the Hirer shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.3 If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected.
10.4 The Hire Agreement and these Conditions shall be governed by the laws of England and the Hirer agrees to submit to the non-exclusive jurisdiction of the English Courts.