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Weatherill Brothers LTD
Terms & Conditions Of Hire
In these conditions ‘Weatherill Brothers Ltd’ their sub-contractors and Agents are referred to as ‘The Company’. Any individual, firm, company, or other party with whom the Company contracts, are referred to as ‘The Hirer’. Any services, entertainers, catering equipment, including equipment owned by the company are referred to as Hired equipment. Period of hire shall be from the time of installation of the hired equipment until removal by the company.
1 CONDITIONS
The company will submit a written quotation which the hirer shall accept in writing; the absence of such written quotation of acceptance however shall not invalidate the contract, and all work quoted for and undertaken by, or goods hired from, the Company shall be subject to these terms and conditions and the hirer by authorizing or allowing work to proceed, or goods to be delivered, is deemed to have the contract and to have accepted these terms and conditions.
2 SITE
The charges are based on the assumption that the site is flat, level, firm ground with easy access for motor transport, and that no drains, pipes, cables or other services are buried beneath the surface or otherwise concealed or overhead. The charges do not include any making good or repair to damage to site. Special rates will be payable for the purchase of equipment on sites not conforming to the above requirements or for the delivery of goods other than on ground level. The hirer shall provide the contractor with a plan showing the position in which the tents or equipment are to be erected or shall have a representative on site for that purpose and in the absence of both, the contractor having erected the tents or equipment where he thinks fit shall be deemed to have completed the contract. Whilst the company will advise and make relevant recommendations on fixings
– UNDER NO CIRCUMSTANCES WILL THE COMPANY BE MADE RESPONSIBLE OR LIABLE IF THESE RECOMMENDATIONS ARE NOT MET BY THE CUSTOMER.
(THIS APPLIES TO HIRING OF MARQUEES WHICH WEATHERILL BROTHERS LTD ARE CONTRACTED TO ERECT)
3 HIRE CHARGES AND PAYMENT
The company reserves the right to vary the quoted Hire charges in the event of any increase taking place before or during the period of hire, in the cost of labour, materials or transport.
All charges are strictly payment on or before delivery unless otherwise agreed at the time a contract is made. The Company reserves the right to charge a deposit to cover part or whole of the value of the property and equipment. The Hirer shall pay the Hire charges and VAT on receipt of the company’s Invoice. The company reserve the right to treat non payment of any amount due as notice of cancellation by the hirer, in which case the Company will not supply the hired Equipment No receipt will be recognized unless on the Company’s official stationery.
4 LIABILTY TO THIRD PARTIES
The Company will not be responsible for, and the Hirer will indemnify the Company against all claims for injury to persons or loss of damage, to property, howsoever caused unless it be proved that such injury or damage be caused by faulty materials or workmanship or negligence on the part of the Company.
5 ERECTING AND DISMANTLING
the Company normally provides labour for erection and dismantling, and the cost therof is included in the hire charges, only in exceptional circumstances and by special arrangement in writing, will the company allow the Hirer to erect/dismantle the Company’s property
6 ACCEPTANCE OF RESPONSIBILITY AND LIABILITY
The hirer shall be deemed to have accepted responsibility for the safe custody of everything hired, from the time erection is commenced until the site is cleared. Under normal circumstances notification of commencement of erection will be given, but failure to do so, shall in no way prejudice the company in this clause, provided that erection is commenced a reasonable time before period of Hire commences.
The Hirer will inspect the equipment prior to use with an employee of the Company and will accept them, when found to be in good, safe and serviceable condition. If a problem arises with the hired equipment the Hirer must notify the Company immediately. The company shall have no liability for delay, or any failure of performance due to accident, adverse weather, or any other cause beyond the control of the Company whether before, during or after the period of hire.
7 FORCE MAJEURE
Whilst 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 upon Act of God, War, Strikes, Riots, Lock Outs or other Labour disturbances, Fire, Flood, restrictions on the use of Transport, Fuel or Power, Shortage of material or transport or labour or any other cause beyond the control of the Company.
8 MODIFICATION OF CONTRACT
No verbal representations or arrangements are recognized by the Company and these terms and conditions shall only be modified by a supplementary written contract.
9 CANCELLATION OR PREMATURE TERMINATION OF CONTRACT
The Hirer shall be entitled to cancel part or the whole contract on giving the Company noticein writing in accordance with the time limits subject to paying the Company such cancellation fees as specified:
(1) Cancellation of three months or more prior to delivery – Loss of deposit
(2) Cancellation of between one and three months or more prior to delivery – 50% of booking value
(3) Cancellation of up to one month prior to delivery – 100% of booking value
10. END OF HIRE PERIOD
The Hirer will be responsible for clearing the hired equipment of all rubbish, mess, broken glass and Third Party equipment, and leave readily accessible for dismantling and loading. The Hirer will indemnify the company for all costs, including loss of revenue, arising from the Hirers failure to comply with this condition.