Castle Marquees shall be referred to as Castle. The Hirer shall mean any person or organisation contracting for the hire of the equipment. Equipment shall mean all items supplied by Castle on hire under the contract. Period of Hire shall mean the period commencing when Castle staff arrive at the site with all or part of the Equipment and ending when the Equipment has been removed from the site. The site shall mean the location specified in the contract for the erection of the Equipment.
Bookings are accepted subject to availability of stock on receipt of the 25% initial payment (non-refundable). The balance is to be paid 14 days prior to completion of erection. If payment is not met on completion of the erection, interest is payable on the balance due at a rate of 10% of the total cost of the contract and the Equipment shall be removed from the Hirers' site at the Hirers' expense.
Once the contract has been made, Castle reserves the right to collect 50% of the total contracted price at any time. If cancelled within 14 days prior to the event the full charge will be made unless the Equipment is re-let.
Only quotations given in writing shall be binding on Castle. The quotation will be valid for 30 days subject to availability of stock. All fees quoted are exclusive of Value Added Tax at the prevailing rate. In the event that the contract is paid for by the hirer within 14 days prior to the date of erection, the equipment and therefor contract are not obliged to be fulfilled until Castle have acknowledged and issued a receipt of payment.
The hire charges are based on the assumption that the site is level, flat and of firm ground with easy access for motor vehicles and that no cables, pipes, drains or other services are buried beneath the surface or otherwise concealed. Charges exclude any repair or making good any damage to the site.
The Hirer shall provide a plan or be present to show the position of the erection. Failure to do this will result in Castle erecting the equipment where it shall see fit.
6. VARIATION IN CHARGES
Castle may increase its charges in the following circumstances: sites which do not comply with the requirements in clause 5, or incur a waiting time due to inaccessibility or obstructed access or where a vehicle cannot be driven (in the opinion and discretion of Castle) to within not more than 40 yards from the site, any physical alterations to the site after quotation, where Castle considers an abnormal degree of difficulty in erecting a structure on a proposed site.
Some damage to the site will inevitably be caused by the equipment and/or vehicle and Castle shall have no liability to the hirer in respect of such damage.
The hirer will indemnify Castle against claims for the loss or damage to the property of third parties. The hirer will be responsible for effecting adequate insurance for any damage/loss to the equipment supplied by Castle. The hirer will be responsible for effecting adequate public liability insurance in respect of the Equipment and use of Equipment during the Period of Hire and Castle shall have no liability for any loss, damage, injury or death resulting from the use of the equipment during the period of hire (except in the case of death or injury caused by negligence by Castle). If the hirer takes out the insurance through Castle at 5% of the contract price or a minimum £100 the Hirer is still liable for the first £250.00 of damage/loss.
9. FORCE MAJEURE
Castle accepts no responsibility or liability for non-fulfilment due to war, civil commotion, riot, adverse weather conditions, force majeure, fire, breakages, government controls, priority regulations, scarcity of materials, labour difficulties, vehicle breakdown or any other conditions beyond the control of Castle.
10. ENTRY TO SITE
The Hirer irrevocably authorises Castle to enter onto the site in order to take down and collect the Equipment.
11. COMPLAINTS PROCEDURE
In the event that legal action is to be pursued against Castle by the Hirer the alleged complaint must be supplied in writing to the Managing Director of Castle within 14 days of the initial date of event. The written complaint will outline the fault, date of occurrence, where and how the blame of fault rests soley with Castle. The written complaint must also request a resonable action that the hirer would like Castle to take. Castle may choose to digress and counter offer a reasonable recompence at Castle's discression.