Terms & Conditions
Wizard Marquees and Events – Terms and Conditions (T&C)
1. DEFINITIONS. In this T&C document, the term “Company” refers to Wizard Marquees and Events, the “Hirer” refers to the client who’s paying the Company for goods and/or services, the “Hire Equipment” is all equipment which is being supplied by the Company to the Hirer as included in the quotation (“Hire Agreement” upon acceptance of contract with deposit) and the “Hire Charge” meaning the fee + VAT (at 20%) for the hire and supply of equipment or services which must be paid by the Hirer to the Company.
2. INQUIRIES AND QUOTATIONS. Upon request/inquiry the Company shall issue a written quotation which the Hirer must accept in writing: an absence of either a written quotation or acceptance will not invalidate the Contract, and all work which has been quoted for and undertaken by, or goods hired from the Company will be subject to the terms and conditions outlined in this document. By allowing or granting permission for work to continue or goods to be delivered the hirer will be deemed to have accepted the Contract and these terms and conditions. Written Quotations will remain valid for 14 days after the quotation date.
3. HIRE PERIOD. The period of hire is understood to be the period for which the Hire Equipment is needed to be ready and available for use.
4. HIRE CHARGES. All goods hired will be charged regardless of whether they have been used by the hirer. An additional charge will be made for any hired goods which are failed to be returned to the Company on the arranged date. All hire charges featured in the Companies various printed matter are estimated costs which exist to advise Hirers and resultingly do not constitute an offer. For example, additional installation charges may occur due to difficulties with the chosen site, these charges will be added to the listed individual item hire charges.
Hire charges include labour provided by the Company for the erection and dismantling of marquees and other equipment, only in exception circumstances and with special arrangement will the Hirer be allowed to erect or dismantle the Companies equipment. Attendance of the Companies staff outside of the erecting and dismantling is not included in the hiring costs but can be arranged separately at an additional cost.
The Company holds the right to adjust any quoted hire charges in the event of any increases in the costs of labour, materials or transport that occur before or during the time of hire.
5. PAYMENT. Upon the receival of written acceptance of a quotation by the Company holds the right to charge a non-refundable deposit of 25% of the total quotation prior to themselves acknowledging the booking.
6. CANCELLATION. In the event of the Hirer desiring to cancel the contract after a firm order has been placed, if the cancellation date is 30 days or more prior to the event date there will be a charge of 25% of the Hire Charge (this is in effect The Company retaining the 25% non-refundable deposit already paid). If the cancellation date is between 15 and 30 days inclusive prior to the event date then there will be a charge of 50% of the Hire Charge, if the cancellation date is between 7 and 14 days inclusive prior to the event date then there will be a charge of 75% of the Hire Charge and if the cancellation date is less than 6 days prior to the event date then full Hire Charges will be made.
7. CONTRACT MODIFICTAIONS. Any modifications made to the contract must be done so in written form, attempts to adapt the contract verbally will not be recognised by the Company. In the event that the Hirer wished to change their event date, the Company will process this as a cancellation of their current contract and a separate booking procedure will have to take place to secure the new date. Upon cancellation non-refundable deposits will be retained by the Company, see clause 5 above.
8. WORKSITE EXPECTATIONS. Any quotations for hire charges issued by the Company are made on the assumption that the site which requested tents or other equipment are to be installed/erected or to which goods are expected to be delivered to: –
a) is a flat open area with firm ground which can be easily accessed by heavy vehicles and
b) has no hidden services such as water pipes or cables buried beneath the site or otherwise concealed unless a detailed plan of all services in the concerned area has been submitted to the Company.
If the chosen site does not meet the standards listed above then the Company holds the right to either withdraw the Contract through either the issuing of oral or written notice to the Hirer or instate additional hire charges. The Company will not be held accountable for any loss, damage or expense experienced by the Hirer as a result of such revocation of the Contract.
9. LOCATIONS OF TENTS AND EQUIPTMENT ON SITE. The hirer is responsible for ensuring that either themselves or a representative is present on site in order to direct the Company on the positioning of marquees and other equipment. If neither the Hirer nor a representative of the Hirer is present on site then the Company may choose to erect the marquees and equipment where they deem to be most suitable and in doing so will be deemed to have performed the contract.
10. COMPANIES LIABITLITY IN CASE OF DAMAGE TO SITE AND/OR SERVICES. Regardless of whether the site in question complies with the requirements above or not the Company will not be liable to make good on any damage to the site or any pipes, cables or other services which are buried under the site or are otherwise hidden, this includes any further loss which occurs as a result of such damage to pipes, cables or other services. This will not be the case if an accurate plan showing detailed positions of such pipes, cables and other services have been supplied to the Company.
11. CARE OF EQUIPTMENT. During the period between the delivery of hired equipment and the return of said equipment the Hirer is responsible for the care of this equipment and shall have to indemnify the Company against any loss or damage to all hired equipment which occurs during this time regardless of the cause. This includes breakages (not including fair wear or tear) and theft of equipment. The Hirer will not be charged if they can prove that the loss or damages occurred due to faulty material or workmanship or if it was due to negligence on the Companies part. Any damages, shortages or breakages will be charged at full price, items will not be accepted as replacements. The date at which the hired equipment will be collected by the Company is not guaranteed to be the day after the hiring period but the Company will do its best to meet the wishes of the Hirer whenever possible.
Naked Flames are not to be placed in Marquees without permission from the Company, these naked flames must not be moved from their set placement without further permission from the Company. All naked flames must be extinguished at the end of the event. Marquee heaters are offered by the Company and are to be operated at the Hirer’s own risk, any injury or damage sustained due to the heaters are not the Companies responsibility.
If required, the Hirer will be expected to provide proof of having arranged insurance in their name for the hired equipment at least 7 days prior to the delivery date of the equipment, as applicable.
12. LIABILITY LIMITATIONS. In the event that the Company for whatever reason fails to fulfil any terms of the hire contract the Companies liability will be limited to refund or cancellation of any hire charges. The Company will not be held liable to the Hirer for any indirect, special or consequential loss or damage cost expenses or other claim for compensation whatsoever whether it is caused by the negligence of themselves, their employees/ agents or otherwise and their entire liability will be limited to the amount of hire charges.
13. PERMITS. It is the Hirers responsibility to obtain all necessary permissions/ permits from any authorities who are concerned and are expected to make application where to the Planning Authority, District Surveyor, Police, Fire Department and other similar organisations or authorities. All costs incurred as a result of failure on the Hirer’s behalf to secure the required permits and permissions in the shape of delays or modifications to the work being completed shall be payable to the Company by the hirer and will be added to the hire charge for the purpose of Clause 4.
14. FORCE MAJEURE. Although the Company will do everything in their power to meet the requirements of any contract to the best of their ability there are factors outside of the Companies control which may hinder or prevent their ability to fulfil these obligations. These factors include but are not limited to acts of God, war, strikes, riots, local disturbances, fire, flood and other severe weather conditions, transport restrictions, fuel, power, shortages (in material, transport and labour). In events where the Company cannot complete its contract obligations due to factors such as those listed above all refundable payments which have been made will be returned.
15. LAW AND JURISDICTION. This agreement will be governed by and construed in accordance with the laws of (England and Wales), (Scotland), (Isle of Man) and disputes arising in respect of the Agreement shall be submitted to the non-exclusive jurisdiction of the (English and Welsh), (Scottish), (Isle of Man) Courts.