DEFINITIONS
‘Company’ means The Yorkshire Tipi Company LTD
‘Client’ is the person hiring the Equipment from the Company.
‘Equipment’ is the tent(s) and other equipment specified on the referenced Quotation and nothing else.
‘Period of Hire’ is the period between completing the erection of the Equipment until the Equipment has been dismantled and removed from the Site.
‘Hire Charge’ is the amount payable by the Client to the Company for the hire of equipment as specified in the Quotation. ‘Quotation’ is the document which the Company has provided to the Client specifying the Equipment to be provided on the Event Date ‘Event Date’ shall be for the period as set out in the Quotation.
1. CONDITIONS
Unless stated in writing, all orders are accepted subject to the Terms and Conditions of hiring stated below and the Client, by making or authorizing payment, or, allowing or authorising work to proceed, is deemed to have acknowledged this. Terms and Conditions may change and the Client agrees to these changes, please check for updates on our website.
2. THE COMPANY UNDERTAKES:
a) to deliver the Equipment and proceed to erect it on or before 2 days prior to the Event Date stated on the most up to date Quotation.
b) to dismantle and remove the Equipment from the site on or after the day following the Event Date stated on the most up to date Quotation or as soon as reasonably practicable after the Event Date.
3. THE CLIENT UNDERTAKES:
a) to pay the Deposit and to pay any Balance within 28 days of an invoice for same being issued. The Company reserves the right not to provide the Equipment should payment not be received.
b) to pay interest on all monies outstanding at the rate of 4% per annum above the base rate of the National Westminster Bank Plc.
c) to provide the Company with either a plan showing the position in which the Equipment is to be erected and all underground services and any apparent obstacles or to make available a representative on the site for that purpose. In the absence of both then the Company having erected the Equipment where it thinks fit shall be deemed to have completed the contract. In any event, the Client and not the Company will be responsible for any damage to underground cables or pipes. The Company may use C.A.T. scanning equipment to locate underground services, in such instances the Company makes no guarantee to locate all underground services, or accept liability for not identifying their presence.
d) to obtain permits from any authorities who are or may be concerned and to make application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organization. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Company by the Client.
e) where appropriate to obtain a license from the Local Authority. Any requirements under the license must be notified to the Company in writing, at least 28 days prior to erection. Should the Company for any reason be unable to comply with these requirements, then the Client shall be notified and the Contract shall be deemed to have been cancelled by the Client.
f) if any part of the Equipment includes electrical apparatus to provide such power points or supply as may be reasonably required by the Company within 20 metres of the Equipment.
g) if not using a generator supplied by the Company, undertake to have a qualified electrician inspect the power supply and confirm that the power supply is fit to provide power for all electrical apparatus Equipment provided by the Company, it’s servants, agents or contractors.
h) If using a generator supplied by the Company to undertake to manage the fuel consumption of the generator such that there is sufficient fuel left to supply power for the duration of the Event. Should the fuel supply be mis-managed such that it runs out prior to or during the Event the Client, and not the Company, will be responsible for refuelling the generator at their own cost.
i) not to enter the equipment whilst it is being erected or dismantled by the Company.
j) to keep any part of the Equipment that is a tent completely closed and secure and in particular any door fastened when not in use
k) not to use any lighting, heating, cooking or other gas or electrical appliances of any kind without the prior written consent of the Company
l) not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Equipment without the prior written consent of the Company
m) not to tamper with the structure or any part of the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without the Company’s prior written consent.
4. VARIATIONS
a) The Hire Charge is based on the assumption that the Client provides a firm and level site of turf (or some other material not impervious to stakes and able to absorb rainwater) and is served by a firm access road adjacent to the site with adequate hard-standing for commercial vehicles, is free from flooding, trees and overhead obstruction. If this is not the case or if the Client wishes the Company to erect the Equipment in a different position on the site to the one indicated by the Client to the Company at the time of booking and in either event the costs to the Company are subsequently increased by reason of increase in labour costs or any other factor the Company may increase the price in accordance with the Company’s published price list and hourly labour rates then in force.
b) The Company will use all reasonable endeavours to supply the Client with the Equipment but where this is not possible the Company will notify the Client as soon as possible with any alterations to the design and specifications of the Equipment and where alteration is fundamental the Client may terminate this contract and any deposit paid will be refunded.
c) If the Client amends the Quotation after initial booking has been made, the Company reserves the right to recalculate the delivery charge, and apply a revised amount to the balance due, to cover the cost of delivering additional Equipment included under an amended Quotation.
5. LOSS OR DAMAGE OR EXCESSIVE SOILING
a) The Client shall throughout the Period of Hire be responsible for the maintenance and safe custody of the Equipment.
b) The Client must be satisfied with the Equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable Equipment before use.
c) The Client shall be responsible for, and shall reimburse the company for, any loss of or damage to all hired equipment whatsoever the cause unless the damage or loss is the fault of the company.
d) The Client must provide to the company proof of having arranged insurance in their name for their hired equipment at least 14 days prior to the delivery date of the equipment; confirmation that the Client’s household insurance policy covers the hired equipment would be sufficient.
e) Upon payment of the ‘Damage Waiver Fee’ referred to on the quotation then the Client will remain responsible for and will reimburse the company for any loss of or damage to all hired equipment resulting from their negligence or a criminal act. ‘Damage Waiver Fee’ only covers accidental damage.
6. UNDERSTANDING
a) The Hire Charge does not include making good any repairs to the Site unless caused by the negligence of the Company’s servants, agents or contractors.
All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.
7. CANCELLATION
a) Either party shall have the right to terminate this Contract without penalty within seven days from the date hereof subject to written confirmation of such termination being given by one party to the other within such period. In the event of such termination by either party the Company shall refund to the Client all sums paid by the Client to the Company by way of deposit or otherwise, subject to an administration charge by the Company.
b) The deposit paid to secure the hire of the Equipment is non-refundable.
c) If the Client cancels the event within 28 days prior to the Event date shown hereof, the compensation to the Company will be the full hire charge.
8. EXCLUSION OF LIABILITY
a) The Company will make every effort to complete the erection of the Equipment on or before 2 days prior to the event date, or an alternative date agreed in writing by both parties, provided that the Client has complied with the undertakings set out above. If the Equipment is not erected on or before 2 days prior to the event date, or the alternative date agreed in writing by both parties, the Client shall have the right to withdraw and the Company shall return all monies paid. If the Equipment is not erected because of delays due to weather or other circumstances beyond its reasonable control the Company shall not be liable to pay further compensation to the Client.
b) The Company will take all reasonable care to avoid damage to the Clients’ own equipment but cannot be responsible for any loss suffered by the Client in respect thereof other than as a result of the negligence of the Company’s servants, agents or contractors.
9. THIRD PARTY LIABILITY
The Company will not be responsible for and the Client will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage was caused by faulty material or workmanship or negligence on the part of the Company.
10. WEATHER & UNPREDICTABLE CIRCUMSTANCES
a) The company will install equipment as invoiced within weather restrictions. During high winds set-ups and breakdowns maybe moved or cancelled.
b) If bad weather is forecast during the hire period rendering the setup dangerous or equipment unusable the company reserves the right to cancel the hire agreement with 75% of the total hire invoice refundable to the client. (10% deposit lost)
11. VIRUS PANDEMIC/ GOVERNMENT BAN ON EVENTS OR TRAVEL
The company will allow the postponement of client bookings due to a complete government ban on travel or events free of charge to any date within the same financial year, subject to availability.