Terms and Conditions of HirePage 1 of 8
Absolute Canvas Ltd: Terms and Conditions Feb 2021
“We” are: Absolute Canvas Limited, Company Number 10605190 and registered office address at Higher Argal Farm, Budock Water, Falmouth, Cornwall, England, TR11 5PE
The customer who receives Services and/or hires the Equipment from us (and where there is more than one person, they shall be jointly and severally liable).
These are the Terms & Conditions subject to which we allow you to hire our Equipment and provide our Services.
In this agreement:
“Charge(s)” Means the fee to hire the Equipment and for our other Services and includes all costs related in any way to this agreement.
“Deposit” Means a sum of money paid by you to us at the commencement of this agreement to secure the Installation Services and the Equipment for a specific date for your Event and to allow the Absolute Canvas to commence work.
“Event” Means the event, wedding, party or function at which Installation Services and Equipment will be provided.
“Equipment” Means any temporary structure (tipi, marquee, tent or covering) and relevant fixings, floorings or other required equipment such as generators, toilets, furniture or fittings, for your Event in accordance with the Quotation and our Installation Services.
“Hire Period” Means the period of time in which you are entitled to possession of the Equipment. This will usually be for a 2-day period around the Event as identified in the Quotation, unless agreed otherwise in writing.
“Quotation” Means a price offer by us, based on your instructions, which you have accepted. It sets out the Charges.
“Services” Means the hire of Equipment and includes any Installation Services we provide to you under this agreement.
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“Installation Services” Means our advice, and attendance to prepare, deliver and install and Equipment for your Event and subsequently remove any Equipment we provide, which is provided by us following consultation and by agreement, and is based on your requested specifications.
“Site” Means the place where the Equipment is to be used by you and the location of the Event.
“Terms” Means these Terms and Conditions.
2. The Basic Contract
2.1. This is a hire agreement. We own the Equipment and hire it to you for the Hire Period, for a Charge. You may not deal with the Equipment in any way which is contrary to our ownership of it. If you do, you will be in breach of this agreement and will also be committing a criminal offence.
2.2. The Hire Period is for 2days around the date of the Event. The Hire Period can be extended thereafter by agreement in writing.
2.3. The Quotation is an invitation to hire. Neither of us is bound to a legal agreement until you accept and confirm this agreement and pay the Deposit.
2.4. The Services are provided under a contract for services. We may also provide a representative on site at your Event for some or all of the Hire Period at our discretion, but not on the day of the Event itself.
2.5. The Terms and the Quotation together contain the entire agreement between us and supersede all previous agreements and understandings between us. By signing, or instructing us to progress with the Services, you accept the terms set out in the Quotation and the Terms.
2.6. Risk in the Equipment passes immediately to you when the Equipment leaves our possession and is delivered to Site. That means you are responsible for taking care of it – see subclauses below. You remain responsible until the Equipment is safely back in our possession. The Equipment we provide for the Hire Period is at your risk, and you are recommended to insure it for the Hire Period.
2.6.1 You are responsible for the safe custody of all Equipment while on Site and to ensure
You maintain adequate heat to protect against frost, snow and ice damage
You firmly close all openings when not in use
You (or anyone instructed by you or acting on your behalf) suspend nothing from the structure of marquees without our written consent
You must make good to us any loss or damage including cleaning costs when incurred
You (or anyone instructed by you or acting on your behalf) must not pin anything to the marquee linings or use of adhesive materials on our Equipment
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3.1. We deliver the Equipment to Site and the charges for delivery are included in our Charges.
3.2 You must ensure:
3.2.1 The Site is well drained, even and mown, and is available and accessible for all vehicles and that you have made us aware of any services or obstructions concealed beneath the ground, which could hinder or cause injury.
The cost of any corrective arrangements to overcome the difficulties resulting from restricted access or obstructions will incur an additional charge.
3.2.2 As part of the site visit, we will create a plan showing where you want the Equipment to be positioned. The plan must take into account the location of any underground services which may affect installation. You will ensure that you or your representative is present to check delivery and confirm siting of the Equipment. If no one is present you will be deemed to have accepted the delivery and our siting of the Equipment and will be liable for the cost of any changes you subsequently request.
3.2.3 You are responsible for giving notices to local authorities and/or Site owners and neighbours and obtaining any required permits, licenses or approvals. If you have a fully stocked license bar as a Service from us then we will obtain the correct license for the sale of alcohol, otherwise you will need to obtain the correct license for the service of alcohol.
3.2.4 Welfare facilities (WC and hand wash facilities) must be made available on Site or close by and if we required to provide them and they are not included in the Quotation, this will incur an additional charge.
3.2.5 An adequate electricity supply must be available on Site (a mains supply or a generator) and accessible within 15 meters of any Equipment requiring connection.
4. Charges and Deposit: Payment Procedure
4.1. All Charges are specified in the Quotation.
4.2. All the payments of the Charges are made on invoice and in accordance with this clause and Clause 13 below.
4.3. The Deposit specified in the Quotation shall be paid by you to us on entering this agreement. The Deposit is non-refundable unless you cancel the agreement in accordance with Clause 5.
4.4. A second payment of 20% of the charges is payable at least 6 months before the Event, and payment of the balance of all Charges is due 28 days before the Hire Period commences.
5. Cancellation Terms: Equipment
Under consumer law, you have a right to cancel this hire agreement. You may exercise the cancellation right under following conditions:
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5.1. This agreement comes into existence on the day you accept the Terms, return them signed and pay the Deposit set out in clause 4.
5.2. As required by the Regulations, details of our after-hiring service and guarantees, if any, are given along with these Terms.
5.3. You may cancel this agreement within 14 days of entering into it. That means we will not be able to hand over the possession of the Equipment for 14 days. In the event of cancellation within this 14-day period, the Deposit that you have paid will be returned to you.
5.4. In the event of cancellation beyond the 14-day period set out in Clause 5.3, Clause 6 will apply.
6. Cancellation Terms: Services
6.1. The Services can be cancelled by either party in writing or by email subject to the matters set out in this clause.
6.2. If Absolute Canvas cancels the Services, save as set out at clause 12, any Charges paid will be repaid to the Client within 14 days of cancellation, and no further refunds, sum or compensation will be payable to the Client by the Absolute Canvas arising from such cancellation.
6.3. If the Client seeks to cancel the Services more than 14 days after entering into the agreement but also more than 6 months before the Hire Period commences, then the Deposit shall be forfeited. No further sums will be due from the Client to the Absolute Canvas.
6.4. If the Client seeks to cancel the Services less than 6 months but more than 14 days before the Hire Period commences, then the Deposit will be forfeited, and any expenses incurred as at the date of cancellation must also be paid by the Client. In addition, a cancellation fee will be immediately due, which shall be 50% of the Charges, less any monies already paid.
6.5 If the Client seeks to cancel the Services less than 14 days before the Hire Period commences, then the Deposit will be forfeited, and any expenses incurred as at the date of cancellation must also be paid by the Client. In addition, a cancellation fee will be immediately due, which shall be 100% of the Charges, less any monies already paid.
7. Equipment Not as Ordered
7.1. We shall use all reasonable endeavours to ensure that:
7.1.1. the Equipment complies with its description on the Quotation; and
7.1.2. is of satisfactory quality and/or fit for purpose.
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7.2. Immediately upon taking possession of any Equipment, you should examine it and satisfy yourself that it complies with the Quotation and has arrived in safe, clean and usable condition.
7.3. If you find any defect in the quality or quantity of the Equipment, or a failure to comply with the Quotation, or any defective Equipment, you must immediately inform us of that defect, stating the fault and when it arose.
8. Breakdown and Repair
8.1. You must inform us immediately of any problem or defect with the Equipment.
8.2. We will, as soon as practicable, repair or replace Equipment showing a defect.
8.3. If we repair or replace Equipment, you have no additional claim against us in respect of the defect or problem.
8.4. If you have been negligent in your care or use of the Equipment, you will pay us for appropriate replacement Equipment of the same quality without deduction for depreciation or use, unless you have taken the Damage Waiver option on our Quotation and paid the additional fee for this cover. If you have elected to take the Damage Waiver option, all damage except maliciously caused damage, will be covered by this. We may also remove this fee for our Quotation ii you can show that you have adequate independent insurance cover for the Equipment.
9. Client’s Other Obligations
You agree that you will:
9.1. not permit any other person to use the Equipment outside the scope of the Services and/or the Event without our written consent.
9.2. not take the Equipment away from the Site without our consent.
9.3. use the Equipment with care, and to keep the Equipment safe. This means you will only use the Equipment in line with our instructions and/or the manufacturer’s instructions which we provide to you.
9.4. return the Equipment to us in the condition in which we delivered it to you.
9.5. not attempt to repair the Equipment without our consent.
9.6 not attempt to reposition any heating sources or electrical sockets from the positions we leave them in immediately before the Event.
10. Loss or Damage Caused by Third Parties
10.1. You must inform us immediately if the Equipment is stolen or damaged by a third party.
10.2. You undertake to report the theft to us and to the Police, and after that to co-operate with us and with the Police so far as your help may be required.
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10.3 We strongly recommend you obtain adequate insurance cover in respect of adverse weather, theft, fire and vandalism and cancellation.
11. Disclaimers and Limitation of Liability
11.1. Conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
11.2. We are not liable to any person in any circumstances if at any time:
11.2.1. the Equipment has been damaged in any way whatever;
11.2.2. the Equipment has been repaired or serviced by someone not authorised by us to provide that service.
11.2.3 the Equipment has not been used by you as instructed by us, or in accordance with the manufacturer’s instructions.
11.3. We shall not be liable to you for any loss or expense which is:
11.3.1. indirect or consequential loss; or
11.3.2. economic loss or other turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
11.4. Except in the case of death or personal injury, our total liability, arising in any way out of this agreement, shall not exceed the value of the charges (for the Equipment and the Services) or a proportion of the charges. This applies whether your case is based on contract, tort or any other basis in law.
11.5 If Absolute Canvas is limited or hindered from providing any Goods or Services booked by the Client due to circumstances beyond its control eg. government intervention, civil disturbance, war, national or local disaster, strikes, labour disputes, then the liability of Absolute Canvas to the Client shall not exceed the amount paid by the Client for the Services. The Deposit shall be non-refundable, (being an approximation of the value of Services already rendered) and Absolute Canvas shall (where the value of the Services already delivered to the Client is greater than the value of the Deposit) be entitled to be paid additionally for all Services delivered to the Client up to that point. Absolute Canvas shall not be liable for any additional losses incurred by the Client in such circumstances.
11.6 We shall not be liable, and you will be responsible to pay us for the full hire charge as a result of any of the following events: (i) the site being unsuitable e.g. water logged, covered by snow, or (ii) the site being unavailable at time of delivery or (iii) adverse wind and weather conditions, including Met Office forecasted conditions or (iv) loss or damage to equipment by fire or flood.
This agreement terminates on the first to happen of the following events:
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12.1. at the expiry of a fixed Hire Period set out in the Quotation or in this agreement, or any extension of it;
12.2. if the payment of the Charges is not made in accordance with these Terms; or if the Client commits a material breach of any of these Terms and fails to remedy the breach within 14 days of being notified in writing; or the Client makes any statements or behaves in any way or requests Absolute Canvas to undertake any actions that are discriminatory, illegal or immoral; or if the Client enters into any form of insolvency arrangement or suspends their business.
12.3. Upon termination, the Client shall immediately pay any outstanding Charges to Absolute Canvas.
13. Miscellaneous Matters
13.1. Verbal or email instructions by the Client to proceed will constitute an acceptance in full of these Terms.
13.2. The Charges will be paid after invoices rendered from time to time. Payment terms are ‘on invoice’, and payment is not deemed to have been made until the Charges have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are recommenced.
13.3. If payment is not made in accordance with the above clauses, Absolute Canvas reserves the right to charge an administration fee of £50 and interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
13.4. Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with the regard to the control and processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website https://www.absolutecanvas.co.uk/privacy/
13.5. The Client grants to Absolute Canvas, consent to use any work including photographs created as part of the Services to show off their services and designs, together with the right to display images as part of their portfolio and to write about the Services on websites, and in their marketing materials. If the Client does not wish to grant this consent, they must confirm this in writing within 7 days of entering into this agreement.
13.6. Nothing in the Terms is intended to create a partnership or joint venture between Absolute Canvas and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
13.7. Variations to the Services, may only be agreed in writing. Services outside the scope of the Quotation will attract additional charges. Any changes to the date of the Event will be agreed subject to our availability but will otherwise constitute a cancellation and Clause 6 shall apply unless we agree differently in writing.
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13.8. Following the conclusion of the Services, Absolute Canvas may wish to contact the Client to request testimonials, recommendations, or feedback on the Services. By agreeing the Terms, the Client is consenting to that contact by Absolute Canvas after the conclusion of the Services.
13.9. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
13.10. Absolute Canvas asserts intellectual property rights, including copyright, over the written materials produced by them in any designs, plans, ideas, or proposals created as part of the Services. The written materials shall not be reproduced, copied, shared, or used elsewhere (and in particular with competitive or alternative services providers) without the written permission of Absolute Canvas. All rights are entirely reserved by us
13.11 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.