Unless expressly stated in writing, all orders are subject to the Terms and Conditions of Hire stated below and the Hirer, by authorising or allowing work to proceed is deemed to have acknowledged this fact.

1. Definitions:

   • “Contract” – the contract for the hire of equipment including these General Conditions of Hire.
   • “We”, “Us” – MARQUEES FIRST LIMITED.
   • “Writing” includes telex, facsimile transmission, electronic mail and comparable means of communication.
   • “You” – the person, firm, company or other organisation hiring equipment from us.
   • These conditions override any terms and conditions you may have put forward, unless we have agreed to any other conditions in writing.
   • This contract will be governed by English Law.

2. Our Charges:

   1. Charges for hiring
      You must pay the hire charges shown in the contract at the time when they fall due.
   2. Interest and other charges
      If you do not pay the amount when it is due, we will add interest to the amount that is overdue at a rate equal to 4% above National Westminster Bank PLC’s base rate at the time. Charging interest will not affect any other rights we may have. Interest can be charged before or after we have obtained any court judgement against you. You must also pay any of our reasonable expenses in recovering money or goods from you.
      

3. When the Contract Starts:

   • The contract comes into effect when you have placed an order, by which you agree to keep these conditions, and we have accepted your order.

4. Delivery, Erection and Removal of Equipment:

   1. We will deliver and erect the equipment shown in the contract so that it is ready for use by the date shown in the contract.
   2. We will not be liable for any compensation if any minor terms are outstanding, but in return we agree to rectify such terms as soon as we reasonably can.
   3. Before we deliver the equipment, you will ensure that we have unrestricted access to the site on dates which we will notify to you, which will be before the date shown in the contract for the actual start of the hire. We cannot always agree to deliver and erect our equipment on alternative dates due to our other work schedules.
   4. You will ensure that the site is served by a firm access road with adequate hard standing and the site itself is firm, level, free from flooding, trees and overhead obstructions and without buried pipes, or concealed services which might suffer damage or cause injury to our employees, as a result of our erecting the equipment. If you cannot meet any of these conditions you will let us know in writing as soon as possible before we deliver the equipment, and if these matters have not previously been mentioned, we reserve the right to make further charges to cover any additional costs that we incur in dealing with obstructions etc. In particular you will, prior to erection of the equipment, either:
      1. Provide us with a written services survey and site plan identifying the position and nature of all underground services of whatever nature, including details of the person(s) undertaking the survey and the date upon which it was undertaken; or
      2. Request that we commission as your agent and at your cost a full independent survey of the underground services at the site, the cost of such survey to be reimbursed by you immediately on our request and in either case provide us with your written indemnity in our favour in respect of any damage that might be caused to persons (including our employees) or property as a consequence of interference with underground services subject to our having paid suitable regard to the information provided to us; or
      3. In the event that neither of sub-clauses 1 and 2 above apply, hereby acknowledge that we will undertake a basic underground services survey, limited to identifying services the interference with which may threaten the safety of our employees, and that in these circumstances you further acknowledge that we shall not be held liable for any loss arising out of damage caused to or as a consequence of damage to any underground services whatsoever.
   5. You will instruct us exactly where the equipment is to be erected, and will ensure that you have authority from the site owner or organiser to do this. If we have to site our equipment in a different place to that agreed, or if we have to move any of our equipment after it has been erected, then you will be responsible for any reasonable additional charges that we make.
   6. We will do our best to deliver and erect the exact equipment as specified in the contract. If we are unable to do this for any reason, we may substitute equipment to achieve the same result. We will not however insist on your accepting substitute equipment which is substantially or materially different from that which is specified in the contract.
   7. We will dismantle and remove from site our equipment as soon as possible after the hire period defined in the contract is terminated. We will do our best to remove our equipment as quickly as possible, and you will ensure that we have free and unhindered access for this purpose.
   8. You should note that the installation and erection of the equipment often involves the use of heavy plant or machinery and the use of stakes or similar ground fixing devices. We will exercise every reasonable care, but will not be responsible for any element of making good of the site after removal of our equipment. We can provide aluminium or similar trackway if booked in advance and at additional cost to be agreed.

5. Your Responsibility When Hiring Goods:

   1. You must take note of and implement any instructions that we give you relating to the safe use of our equipment. You will be liable for any loss or damage which results from your failure to follow our recommendations.
   2. You are responsible for the general security of the site throughout the whole of the period when our equipment is present. You are responsible for the safety and security of the equipment from when we hand over to you after completing the erection until we commence dismantling. You will make good any loss or damage to the equipment which occurs during this period.
   3. You will conduct prudent enquiries so as to ensure that the erection of the equipment is not in contravention of any statue or regulation and shall where necessary obtain any licence and/or consent relating to the erection of the equipment. You will indemnify us in respect of all costs, expenses and claims arising as a result of your failure to comply with these requirements.
   4. You will notify us as soon as possible of any defect or deterioration in the equipment. In return we will take all reasonable steps to remedy this as quickly as we can. We may make a charge for any site visit unless the need for a visit was as a result of any inherent defect in our equipment or workmanship.
   5. You will in particular ensure that the interior of any structure is adequately heated when necessary so as to protect from frost, ice or snow damage, and you will not allow the collection or build up of snow on the equipment.
   6. In windy conditions you will take all reasonable steps to make sure that all openings are firmly closed when not in use, and are opened only for the purposes of entering or leaving the structure and will remove any loose items of whatsoever nature from the vicinity of the erected equipment.
   7. You will take all reasonable steps to make sure that the equipment is not at any time altered or interfered with, and you will make sure in particular that no unauthorised entries are made in any tented enclosure, and that no walls, poles, ropes, anchors, wires or other parts of any structure are moved, removed, altered or modified.
   8. If we incur any cost, or if our equipment is damaged, through your failure to follow any of these conditions you will be responsible to compensate us fully for that loss.

6. Electrical Goods:

   1. Where appropriate you will ensure that there is a suitable electrical supply to the structure adequate for the equipment. If a supply is not available you will notify us before we deliver the equipment to site. We can then arrange for a portable supply at your expense to be agreed.
   2. Electrical equipment must be used with the original plugs or sockets fitted. If you need to fit other suitable plugs or sockets, any work must be carried out with our approval and by a competent and qualified person, who must also return the equipment to its original condition.
   3. You are responsible to ensure that you have a suitable and adequate electricity supply for the equipment.
   4. You must never use electrical goods that are not earthed properly, and you must observe any regulations applying to the use of goods including the Electricity at Work Regulations 1989, while you are responsible for the goods.

7. Health and Safety:

   • We aim to provide a safe and hazard free work environment for all our employees engaged in erecting, maintaining and supervising our equipment when on site.  To ensure that all site operations are conducted in accordance with safe working practices and comply with relevant health and safety regulations, we require you to supply us with a copy of your health and safety policy (where available) before the equipment is delivered to site, together with details of any specific site condition and/or restriction which requires safety consideration.

8. Limits of Our Liability:

   1. We will not be liable for any delay in erecting or dismantling equipment which is caused by reasons that are beyond our reasonable control.
   2. We will not be liable for any loss or damage, whether to our equipment, where this is caused by factors out of our reasonable control. This would include, but is not limited to, negligent or malicious acts of third parties, inclement weather conditions etc.
   3. The maximum amount for which we will be liable in any circumstances is the total hire charge payable under the contract. This limit does not apply in respect of any claim for death or personal injury which results from negligence on our part.

9. Insurance of Goods:

   1. We require you to take out insurance in respect of our equipment and that of any of our sub-contractors. The premium detailed in our quotation will be charged on the final account (plus VAT) on the total value of the contract (excluding VAT). A specimen of the policy is available, on request, and a certificate for the insurance cover will be sent to you as soon as the Agreement form has been signed and returned.
   2. The insurance cover that we arrange in accordance with the policy details can be supplied to you on request. Please note that in the unfortunate event of a claim you will be liable for the excess, as detailed in the policy document. We ask you to specifically note that it does not cover any consequential loss for which, if required, you must insure separately.
   3. If you have sufficient insurance to cover the full replacement value of our equipment and that of any of our sub-contractors, you must provide evidence of this at the time of order. Should this not be forthcoming prior to commencement on site, our premium for this cover will automatically be implemented on your behalf.

10. Ending the Contract:

    1. We may end this contract if:-
       1. You break its terms; or
       2. You become bankrupt; or
       3. As a company you start to be wound up, or a Receiver or Administrator is appointed over all or part of your assets; or
       4. You enter into any agreement with your creditors or a voluntary agreement is made which affects you; or
       5. You enter into a voluntary arrangement.
          If we end the contract in these circumstances, it will end immediately and we may repossess any or all of our equipment. If we end the contract it will not affect our right to recover any money you owe us under this contract or damages we claim as a result of you breaking this contract.
    2. You may end this contract by giving clear notice in writing, but if you do, you will be liable to pay us a percentage of the hire charges shown in the contract (plus VAT) depending on the length of time left between our receiving your written notice and the date shown in the contract by which the equipment was to be erected and ready for use. The amount payable by you will be on the following scale:-
       1. More than 60 days notice – 25% plus VAT.
       2. Less than 60 days notice but more than 30 days notice – 50% plus VAT.
       3. Less than 30 days notice – 100% plus VAT.

11. Our Rights of Access:

    • We may enter any land or premises where we reasonably believe the goods are, at reasonable times and after giving reasonable notice (except in cases of emergency). We can only have this access if we need to inspect, test, repair, service, maintain, replace or repossess the equipment.