Terms and Conditions

INTERPRETATION OF TERMS :

‘Client’ means the person company or other body who accepts a quotation of the Company for provision of services by the Company.

‘Company’ means Eureka Hire Limited

‘Conditions’ means the standard Terms and Conditions set out in this document and includes any special terms and conditions agreed in writing between the Company and the Client

‘Contract’ is the Contract entered into in accordance with these terms and conditions

‘Services’ means the supply of goods, equipment, services and works executed by the Company

‘Writing’ includes email, fax or comparable means of communication

‘Wet’ hire is the hire of equipment accompanied by a representative of the Company

‘Dry’ hire is the hire of equipment for the ‘client’ to operate and supervise themselves.

These terms govern every Contract between the Company and Client and shall prevail over any terms put forward by the Client unless the Company expressly agrees otherwise in writing.

BASIS OF CONTRACT

2.1 – On receipt of a verbal or written enquiry from a Client, the Company will send the Client a quotation for the supply of service and a copy of terms and conditions will accompany the written quotation

2.2 – On receipt of the quotation, on deciding to proceed with booking, the client will return a signed copy of the quotation and the terms and conditions, and initial the conditions at the bottom of each page, signing and dating the last page. Return of a quotation form, Conditions and deposit will be the Client’s acceptance of the Company’s quotation and the offer to enter into a contract with the Company on these terms.

2.3 – The Company has complete discretion in deciding wether to enter into a Contract with the Client.

2.4 – In the event that an application is refused by the Company then, the Company shall return any payment made at the time of the application (see 4.1 of these Conditions).

2.5 – Any variation to these Conditions shall be binding if agreed in writing between the authorised representatives of the Company and the Client.

2.6 – The Company’s employees and/or agents are only authorised to make any representations concerning the Contract event if confirmed by the Company in writing.

2.7 – All advice and recommendations given by the company will be confirmed in writing. Any actions outside of these recommendations are taken at the Clients own risk and the company will not be liable for any unconfirmed recommendations. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

The company reserves the right to substitute hired equipment with equipment of a similar type and value without notice in the event of previous damage or loss of booked equipment or due to adverse weather conditions.

3. PRICE

3.1 – The price for provision of the services is the Company’s quoted price. All prices are excluding delivery and collection, unless otherwise stated and will be subject to Value Added Tax and any other government duty or tax as applicable at the time of the Contract. All prices quoted are valid for thirty days only after which time they may be altered by the Company without issue of prior notice.

3.2 – The Company reserves the right, by giving reasonable notice to the Client prior to commencement of the Contract event, to increase the Contract price to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company.

3.3 – The price will not include any special requirements of the Client not communicated to the Company prior to the Company issuing a written quotation for supply of their services. The cost and payment terms of any additional requirements of the Client shall be agreed in writing between the parties.

The Company’s quotation for hire is based on the assumption that the site on which the equipment are to be erected to which goods are to be delivered is:

• A flat level firm ground with easy access for heavy motor transport
• There must be no overhanging trees that could cause damage to the exterior of the structure
• If the Client is hiring a capri marquee – the area the Company is to install on needs to be a grassed area with adequate space and depth to accommodate all required stakes and base plates used to secure each marquee
• No drain pipes, cables or other services buried beneath the surface or otherwise concealed.

The client should comply with these requirements or the Company may rescind the contract by giving oral or written notice to the Hirer/Client, make additional hire charges or refuse to erect equipment.

The Company will not be liable to the Hirer/Client for any loss damage or expense resulting from such rescission of the contract.

3.4 – Whether the site complies with requirements or not the Company will not be under any liability to make good any damage to the site. Nor will the Company be under any liability in respect of damage to drains, pipes or cables or other service buried under the site or otherwise concealed or any consequential loss resulting from such damage, unless a accurate plan showing the precise position of such drains, pipes or cables or other services shall have been supplied to the Company.

3.5 – The Hirer/Client will provide the Company with a plan showing the position in which the marquee(s) or equipment shall be erected or have a representative on site for that purpose. If the Hirer/Client is unable to provide a plan or have a representative on the site the Company may erect the marquee(s) and equipment where it thinks fit and it shall be deemed that the Company has performed the Contract.

3.6 – All goods hired are charged whether used or not. Goods collected by customers will be charged extra if not returned on day arranged. The hire charges published in any of the Company’s printed matter are for guidance of Hirers in estimating cost only and do not constitute an offer.

4. PAYMENT TERMS

4.1 – The Company will exercise its powers in clause 4.4 the following terms of payment shall apply:

4.1.1 – Deposit to the value of 50% of the total Contract price quoted to the Client by the Company must be made by the Client in accordance with clause 2.2 of these Terms and Conditions;

4.1.2 – The balance of the Contract monies must be paid and funds cleared 7 days prior to the date of the Contract event at the latest. You must notify us of any different payment terms or late payment will incur interest of £25.00 per week or part week. The Company reserves the right to cancel/suspend provision of the agreed services if the payment dates are not adhered to.

4.2 – If the Client fails to make any payment in accordance with clause 4.1 of these Conditions then, without prejudice the Company is entitled to:

4.2.1 – Cancel the Contract; or where the Client is a large business or United Kingdom public authority, charge the Client statutory interest in accordance with the rights accruing under the terms of the Commercial Debts (Interest) Act 1998 and, charge interest on the amount unpaid at the rate of 5% per annum above the Co-Operative Bank base rate from time the balance is due until the time until payment in full is made (please note, a part month will be treated as a full month when calculating interest).

4.3 – In the event that the Client decides to cancel the Contract, any payments made by the Client at that time shall be forfeited and the balance Contract monies shall immediately become due.

The Company shall, use all reasonable endeavours to find a replacement Client prior to the Contract event and, if successful, can deduct a reasonable amount for administration costs and return the balance of monies paid to the Client.

In the event that the Company is unsuccessful in obtaining a replacement Client then, the Company shall be entitled to retain all monies paid.

4.4 – The Company requires the Client to pay the full Contract price in full prior to the Contract event. If the client decides to cancel or postpone the event the client agrees to pay the total hire fee.

4.5 – If the client is signing on behalf of a limited or public limited company and not as an individual, the client must have authority to sign on behalf of the company it is representing. If the Clients Company enters liquidation/administration or the client does not have the authority to sign on behalf of its company, the client agrees as an individual to settle any outstanding payments in line with the contract.

5. FORCE MAJEURE

Unless caused by the negligence of the Company its employees or agents, the Company will not be responsible for the loss of or damage caused to any property of the Client its agents, invitees or licensees and the Client must agree that it will secure adequate insurance and will indemnify the Company against all losses, damages, costs, claims and expenses awarded against or incurred by the Company in connection with any claim arising.

6. RISK AND PROPERTY

6.1 – At all times during the Contract, equipment provided under the terms of the Contract shall remain vested in the Company.

6.2 – Any items returned dirty will incur a minimum charge of £5.00 per item. If Marquees are returned excessively dirty, this will incur a cleaning cost of £100.00 per marquee.

7. INSURANCE

7.1 – The Client will act in a professional safe manner, so as not to jeopardise or adversely affect any policy of insurance affected by the Company.

7.2 – In the event that the Client’s requirements are such that it results in a loading of any insurance premium of the Company then, the Client shall be responsible for payment of the extra premium.

7.3 – In the event of damage to the equipment or loss of equipment of the Company by the Client, its agents, licensees or invitees, resulting in a claim being made on the Company’s policies of insurance, the Client shall indemnify the Company to the value of its excess payable as a result of the claim.
If damage renders the contracts of insurance void or voidable at the insistence of the insurance company the Client shall indemnify the Company against all claims and losses occasioned arising as a result of the damage to include though not limited to full replacement cost of the damaged equipment.

7.4 – The company’s public liability insurance only covers use of the equipment only whilst booked on ‘wet’ hire (supervised by a representative of the company).  Any “Dry” hire of equipment, unless otherwise stated, is not covered by the companies insurance, in which case the client should make appropriate arrangements for cover for the equipment.

7.5 – The company accepts no liability for any damage or loss of personal property and or any injury arising from the use of any hired equipment.

7.6. Contractual Responsibility for the Equipment whilst on Hire

• • 7.6a.  The Customer shall be responsible for, and indemnify the company against, any loss of or damage to all hired equipment whatsoever the cause. Any loss or damage will be charged for on a Reinstatement with New basis.
  • 7.6b.  The Customer must provide to the company proof of having arranged insurance in their name for their hired equipment at least seven days prior to the delivery date of the equipment.
  • 7.6c.  Upon payment of the ‘Damage Waiver Fee’ referred to on the quotation then the above clauses 7.6a and 7.6b will not apply. Please note that you (the client) will remain responsible for the first £500 of any loss, and will indemnify the company against any loss of or damage to all Hired equipment resulting from their negligence or legal liability. Cover excludes malicious damage.

7.7 – We cannot accept liability for:

–   Damage to property or loss of property belonging to the customer or guests.

• Additional expenses or losses due to any delays or alteration to travel services, weather, strikes, acts of
  god, pandemics, or any other cause.
• Injury or death of any of the guests, customers, or participants unless proven that it is caused by proven
  negligence on the part of the company

8. SAFETY

8.1 – The Company shall ensure that at all times during the Contracted event the equipment installed for the event shall comply with all appropriate codes of practice and, in the event that the marquee is installed by persons other than the Company’s employees that, the persons so contracted by the Company shall hold all requisite qualifications including adequate insurance to install the marquee.

8.2 – Any decision made by the Company in respect of safety arising during the course of the Contract will be accepted by the Client without question. The Company reserves the right to expel any participant from the Contract event if, they are behaving in a dangerous, disruptive or other undesirable manner.

8.3 – The company has full public liability insurance; however personal accident insurance is not included. Clients requiring this cover should contact their own insurers well in advance. The Company insurance specifically excludes cover for injury, damage or other loss to any person or property sustained as a result of a participant acting under the influence of alcohol or drugs. Any participant found or suspected to be under the influence of alcohol or drugs during the event shall be evicted and the Client shall indemnify the Company in full against all direct and consequential losses incurred by the Company as a result of any such person’s acts or omissions.

9 ABANDONMENT OF EVENT

9.1 – The Company undertakes to use its best endeavours to ensure that the Contract event commences on the agreed date and proceeds without interruption. The Company does, reserve the right to cancel, hold on a lesser scale, postpone, interrupt or prematurely conclude the Contract event for whatever reason if, in the opinion of the Company it becomes reasonably necessary to do so.

9.2 – In the event that the Company has to cancel the Contract in accordance with Clause 9.1 prior to the day of the event then, the Company will return any deposit or balance payment less any expenses incurred. The parties agree that the Company shall have no further liability to the Client under the terms of this clause.

9.3 – The Company reserves the right to cancel or alter the Contract if conditions outside of the control of the company occur.  This includes and is not limited to: extreme weather conditions, abusive and threatening behaviour or any other condition that may deemed dangerous. It is the Company’s recommendation that the client takes out a separate insurance policy to cover this eventuality. There can be no refund in the result of condition 9.3 being implemented.

9.4 – The Company reserve the right to refuse delivery if the venue or site is deemed to be unsuitable by our delivery personnel or if the client has failed to notify the company of any delivery obstructions such as stairs or excessive loading distances from our vehicle to the installation site. In such case no refund will be given and the full hire fee will be due.

10. STATUTORY REGULATIONS

It is the Client’s responsibility to ensure that his attendance and involvement in the Contract event will not contravene any applicable Statute or other Regulation.

11. WARRANTIES

11.1 – Subject to the Conditions set out below, the Company warrants that the Contract event shall be carried out in accordance with the Industry Code of Practice and, that the equipment provided under the Contract will be of satisfactory quality and fit for the purpose of its design

11.2 – The above warranty is given by the Company subject to the following conditions:

11.2.1 – The Company is under no liability in respect of any defect from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Equipment without the Company’s approval.

11.2.2 – The Company shall be under no liability under the above warranty (or any other guarantee) if the total contract price has not been paid by the due date for payment. Or, if the Client fails to notify the Company immediately of any failure or defects becoming apparent in the Equipment or that should reasonably have become apparent.

12. LIABILITY

12.1 – Except in respect of death or personal injury caused by the Company’s negligence and, unless expressly provided elsewhere in these Terms and Conditions, the Company will not be liable to the Client, subcontractors. For the avoidance of doubt, so far as the Company is entitled in law, provided the Company uses its best endeavours to secure the services of adequately qualified supervisors then, the Company shall not be liable to the Client its agents, licences or invitees for any loss of whatsoever nature occasioned as a result of any act/omissions of any event supervisor that is not a direct employee of the Company. Any claims for loss occasioned as a result of any act or omission of any such event supervisor must be taken directly against the supervisor and the Company shall use its best endeavours to ensure that contractors utilised by the Company shall have adequate policies of insurance in this respect.

12.2 – The Company shall not be liable to the client for failure to provide the booking if such failure is due to circumstances beyond the reasonable control of the company including (but not limited to) act of God, War and or Terrorism, Lock Out, Industrial Action, Fire, Flood, Drought, Tempest, Pandemic, Mechanical or Technical Breakdown, Unsuitable Site or the suspension or cancellation of an event by third parties.

12.3 – The Company shall not be liable for any damage, destruction, fire procedures or first Aid during the time that the equipment is on the Clients premises when unattended by the Companies representative (for clarification – whilst on clients premises overnight and/or whilst not being used by the Client)

13. GENERAL

13.1 – The Contract entered into in accordance with these Terms and Conditions is personal between the Company and the Client to which a written quotation is issued by the Company. The Client shall not be entitled to assign the Contract to another party without written consent from the Company.

13.2 – Any re-booking made with the Client or Subsequent Party by the contractor(s) shall be deemed to have been made through the company and such will be subject to commission if made within 18 months of the original event.

13.3 – The Company holds no liability whatsoever if the venue does not hold any licenses needed e.g. Music Licence, Performing Rights Society Licence, Planning Consent, Temporary Events Notice etc. Temporary Events Notices should be applied for by the Client.

13.4 – In the event of the Company entering into administration monies paid via the Client will be returned via the liquidation of the company’s assets.

13.5 – The company reserves the right to substitute hired equipment with equipment of a similar type and value without notice in the event of previous damage or loss of booked equipment.

13.6 – In the event of circumstances preventing the company being able to fulfil its contracted obligations our liability will be limited to a refund of any monies paid in relation to the contracted event or a pro rata reduction in the hire fee in the event of delayed start. No further compensation will be paid irrespective of any loss of earnings.

13.7 – The hire of furniture only includes delivery and collection; it does not include the setting and placing of furniture. This is the Client’s responsibility, unless previously agreed in writing with the company.

13.8 – All dry hired equipment/theming/furniture must be returned (collected) in the same condition and quantities as on delivery/dispatch.

13.9 – Any additional site visits/personal consultations after the contract has been signed will result in a daily fee of £100.00 + fuel.

13.10 – Unless otherwise agreed, the Client must provide an electrical supply meeting or exceeding British standards, where electrical equipment is to be used as part of the event.

13.11 – The Client must inform the Company of any narrow or difficult access into/onto the venue. There must be enough space to manoeuvre a 12ft Trailer and towing vehicle. The Client must inform the company if this is not possible so alternative arrangements can be made.

13.12 – The venue must be no more than 15 metres from the unloading of the transport. It is the Clients responsibility to inform of any steps to the venue and if access is less than 90cms wide.

13.13 – The client must ensure that our employees know where to site and erect any equipment as once sited, it will not be able to be moved

13.14 – Any publication in the form of media reports, or photographs, whether national, local or internal, that is created, published or advertised by the customer/client must first be approved by the director of the Company. Any publication of the above must include the company name and contact details

13.15 – All equipment remains the property of the company. The Contract is governed by Laws of England.

13.14 – Do’s and Don’ts for equipment:

• No attaching of sticky tape, paper lanterns, coloured paper decorations or posters to any of the equipment
• No smoking inside the marquees or within five metres of any equipment
• No naked flames inside of the Marquees