Terms and Conditions
TERMS AND CONDITIONS OF HIRE
“the Code” means the Performance Textile Association, MUTAmarq Accreditation Scheme Code of Practice for Marquee Hirers. (Baconinflate Limited Compliance Certificate Number 408/2006) a copy of which is available on request.
“Company” means Baconinflate (UK) Limited.
“Delivery Date”, “Deposit”, “Equipment”, “Client”, “Price”, “Site” and “Use Period” shall have the meanings as set out in the Quotation.
“Period of Hire” means the period from the Delivery/Collection Date until the Equipment has been either dismantled and removed from the site or returned to the Company by the Client.
“Quotation” means the quotation sent by the Company to the Client.
“Inflatable” means inflated temporary structure.
“Dry Hire” means the collection of goods from the Company to be operated by approved personnel.
These conditions shall apply to all orders and contracts for the supply of Equipment in the UK by the Company or its authorised agents. If there are any qualifications or variations to these conditions it is important for the avoidance of doubt that such variations should be in writing in the space overleaf.
All orders for goods shall be deemed to be an offer by the Client to hire goods in accordance with these conditions, the Code and the Quotation.
IMPORTANT: PLEASE NOTE IF YOU INTEND TO “DRY HIRE” IT IS A CONDITION THAT THE ADDITIONAL TERMS AND CONDITIONS PERTAINING TO THIS METHOD OF HIRE IS OBTAINED FROM THE COMPANY DULY SIGNED AND RETURNED.
The Company Undertakes
1. to deliver the Equipment on the Agreed Date and to proceed to erect it for use on or before the commencement of the Use Period.
2. to dismantle and remove the Equipment from the Site as soon as reasonably practicable after the Use Period.
3. alternatively to undertakings 1 and 2, if for Dry Hire, to have the equipment ready for collection on the agreed date.
The Client Undertakes
1. to pay the Deposit and to pay the Balance in accordance with the Quotation.
2. to pay interest on all monies outstanding 14 days after the date for payment both before and after judgement at a rate of 4 per cent per annum above the base rate of Barclays Bank from time to time.
3. to provide the Company within a reasonable period of time before the Delivery Date with an accurate plan of the Site. The plan should show ;
i. all locations of relevant site services/utilities, including underground utility pipe and cable work
ii. any apparent obstacles which may affect the erection of the Inflatable.
iii. the position on the Site in which the Inflatable is to be erected.
3a. to advise the Company of any alterations in the Site of which it is made aware of that may take place after the date that the plan was originally provided.
3b. to confirm either that the site is hard standing or grass surface and not to be altered or deviated from on the day of delivery and erection.
4. to give notice to or obtain any necessary permits from local authorities and/or the Site owners prior to erection.
5. to acknowledge that the inflatable will require continuous electrical power supply. If the client is to supply/provide either mains or generated power must be a guaranteed 24 hour continuous supply.
6. not to enter the Inflatable while it is being erected by the Company
7. to keep any part of the Inflatable closed and secure and in particular any curtain/door in place and fastened when not in use, unattended, overnight or when adverse wind conditions prevail.
8. The client shall be responsible for and indemnify the company against any loss, theft or
incidental damage to all hire equipment, other than the Companies, situated within the Inflatable.
9. to inform the Company in advance of any additional power requirements that are to be
run from a Company supplied power source. Not to use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous consent in writing of the Company. All electrical equipment is to have current PAT certification.
10. not to tamper with or adjust any part of Inflatable installation without prior agreement by the Company. In accordance with HSE guidelines not to affix or suspend from the Inflatable any item whatsoever.
11. to facilitate within a reason timeframe any deliveries/collections by a third party at the site prior to or after the Company period of hire.
1. The Company will use its best endeavours to supply the Client with the Equipment ordered but where this is not possible the Company will notify the Client as soon as possible of any alterations to the design and specifications of the Equipment and where the alteration is fundamental the Client may terminate this contract and any Deposit paid will be refunded.
2. The Price is based on the assumption that the Client provides a firm and level site of turf or hard-standing. Is served by a firm access road adjacent to the Site with adequate hard-standing for commercial vehicles free from flooding trees and overhead obstructions. If the Client wishes the Company to erect the Inflatable in a different position on the Site to the one indicated by the Client to the Company at the time of the Quotation, the Company reserves the right to increase the price accordingly to offset additional labour costs.
1. The Price does not include making any repairs to the Site unless caused by the negligence of the Company’s servants, agents or contractors.
2. All sums payable under this Agreement unless otherwise stated are exclusive of VAT and other duties or taxes.
1. The initial deposit of 50% (unless otherwise agreed) is non refundable.
2. 50% balance refundable if prior to and on 30 days notice of propose event.
3. 25% balance refundable if between days 29 to days 14.
4. Payment of balance due in full 13 days prior to event date.
Exclusion of Liability
1. The Company will make every effort to complete the erection of the Inflatable on or before the commencement of the Use Period, provided that the Client has complied with the undertakings set out above. If the Inflatable is not erected because of delays due to weather or other circumstances beyond its reasonable control the Company shall not be liable to pay any compensation to the Client.
2. The Company will take all reasonable care to avoid any damage to the Clients’ own equipment during the period of hire 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.
3. The Company shall not be liable for any consequential or indirect loss whatsoever arising out of this contract.
DRY HIRE SUPPLIMENTARY TERMS & CONDITIONS
The Client Undertakes
1. Insurance: that all the equipment will be insured throughout the period of hire or any extension thereof. The insurance cover must be for public liability and the full value of the goods against loss, fire and theft.
2. Not to use the equipment during the period of hire or suffer the equipment to be used in contravention of the terms and conditions of the insurance policy.
3. In the event of any claim to procure the payment of all monies payable by the insurers and compensate the Company accordingly to the full value.
4. to reimburse the Company any financial loss suffered by the Company to the extent that the amount is not covered by the afore-mentioned insurance policy.
5. that the equipment will not be used in a manner which would be considered dangerous and render void any insurance policy or contract.
6. responsibility: to inform the company immediately of any loss or damage to or fault developing in any of the equipment.
7. Follow instructions given for installation of equipment with particular care to –
i. correct inflation pressures.
ii. correct anchorage to suitable fixing points or use of ballast systems.
iii. to having competent person in attendance on-site, including overnight security.
iv. undertake correct deflation and wrap-up for safe transportation.
8. not to carry out repair work, electrical, mechanical or otherwise on any of the equipment without prior consent by the Company.
9. to be responsible for any breaches of law including Health & Safety relating to the equipment during the period of hire.
10. not to allow any other person or organization to use or sub hire the equipment during the period of hire unless approved by the Company.
11. return of equipment: in a clean and tidy condition, the Company accepting a degree of fair wear and the effects of prevailing weather conditions during the period of hire.
12. that if the equipment is not returned on the agreed date after the period of hire a daily charge agreed in advance will be levied by the Company.
13. that any additional costs incurred by the Company in the retrieval of the equipment will accrue to the Client.
14. accepts the responsibility to ensure that all equipment supplied by the Company is to be the correct specification and fit for the appropriate use intended and that the equipment is supplied in good condition. Notice to the contrary to be given in writing within 48 hours
15. to inform the Company of any accidents that may occur on-site involving third party persons and property within 48 hours of occurrence. If requested by the Company an accident report form must be completed giving full details of the incident. To cooperate fully in any investigation or legal proceedings that may ensue.
16. WEATHER. Weather conditions are a primary consideration at outdoor events. Operating guidelines are supplied by the Company with the equipment. The client however, must also incorporate his/her own judgment, common sense and knowledge of local weather conditions throughout the duration that the equipment is in use. The client is also responsible for a reasonable anticipation of any adverse change of weather conditions which affects the safe use of the equipment. The on-going observation of any changes in weather (particularly wind speed and direction) is of particular importance where public safety could be threatened. Please refer to www.metoffice.com for the most comprehensive five day weather forecasting.
TERMS AND CONDITIONS OF SALE
1.1 In these Conditions the following expressions shall have the following meanings:
1.1.1 “Additional Items” means the following where incurred:
(i) packaging costs under Condition 7.2;
(ii) any taxes (including value added tax), duties or other charges levied by any governmental or other authority in respect of or by reason of the sale, delivery, export or import of the Goods or any part thereof but excluding taxes assessed on profits or gains;
(iii) bank charges incurred in converting foreign currency to Pounds Sterling;
(iv) transportation costs under Condition 7.1 where the Customer has requested express, same day, overnight delivery or any other similar service or where the price payable (exclusive of Value Added Tax) is £200 or less;
(v) storage costs under Condition 7.5.
1.1.2 “Contract” means the quotation, these Conditions of Sale, and any other document incorporated in a contract between the Seller and the Customer;
1.1.3 “the Customer” means any person firm or company receiving a quotation from and/or placing an order with the Seller;
1.1.4 “Goods” means all and every item of goods or part thereof supplied by the Seller and, where relevant, includes any work carried out by the Seller on items supplied by the Customer and includes any services supplied by the Seller;
1.1.5 “Seller” means Baconinflate (UK) Ltd. and reference to the acknowledgement, consent, authority or agreement of the Seller shall mean acknowledgement, consent, authority or agreement in writing signed by a Director of Baconinflate (UK) Ltd;
1.1.6 “Transgression” means any breach of contract or tort or other act, default, omission or statement of the Seller, its employees, agents or subcontractors in respect of which the Seller is liable to the Customer;
1.1.7 “Warranty Period” means 12 months from the date of delivery.
2.1 These Conditions apply to all contracts for the sale of Goods by the Seller and supersede any previous Conditions of Sale published by the Seller. No additions or modifications to or terms or conditions inconsistent with these Conditions shall be binding upon the Seller unless agreed by the Seller in a document expressly referring to a modification, alteration, variation or addition of or to the relevant Condition or Conditions.
2.2 All brochures, catalogues, price lists, samples, particulars of dimensions and other advertising or descriptive material submitted to the Customer are intended to be approximate only and to give a general impression of the Goods. Unless expressly incorporated the same shall not form part of the Contract. The Seller reserves the right to make minor alterations to the design specification or construction of the Goods without prior notification to the Customer.
2.3 The Customer shall be responsible for complying with any legislation or regulations (of the United Kingdom or any other country) governing the export and import of the Goods into the country of destination (and any other country through which the Goods pass in transit) and for the payment of any duties thereon. The Customer shall fully indemnify the Seller against any fines, penalties, costs, claims, damages, losses and the expenses suffered by the Seller as a result of the Customer failing to comply with this Clause 2.3.
2.4 The Seller is permitted to use photographs or other representations of the Goods in connection with its marketing and publicity material, on the basis that any such material shall not be detrimental to the Customer.
- QUOTATION AND ORDERS
3.1 No contract for the supply of Goods will be created by the acceptance of a quotation or an order until the Seller acknowledges the order or commences work on the order.
3.2 The Seller reserves the right to refuse to accept any order based upon a quotation unless the quotation is stated to be open for a defined period and the quotation has not been withdrawn in that period.
3.3 It is in the nature of the Goods that all sizes are approximate and the actual size of the Goods may vary by a nominal amount.
3.4 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Customer, the Customer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Customer’s specification.
3.5 Save to the extent a design is supplied by the Customer all design rights and copyright and other intellectual property rights in the Goods are vested and remain vested in the Seller.
3.6 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to specification, which do not materially affect their quality or performance.
- PRICE AND PAYMENT TERMS
4.1 Unless otherwise stated the price is payable:
4.1.1 as to 50% as a deposit payable on making the order; and
4.1.2 as to the balance to be paid in cleared funds prior to despatch.
4.2 Unless otherwise stated any Additional Items shall be added to the price.
4.3 If credit terms are agreed, or in respect of any of the sums payable to the Seller, payment in full (without any deduction by way of set off or counter claim) shall be due and payable in POUNDS STERLING (or any other agreed currency) within 30 days of the date of the Seller’s invoice.
4.4 The Seller reserves the right to charge interest at 4% above the Barclays Bank PLC base lending rate for the time being on any overdue payments until repaid in full.
4.5 The Seller reserves the right to recover from the Customer all direct expenses reasonably incurred by the Seller in the collection of any overdue sums.
4.6.1 Without prejudice to any other rights of the Seller, if there is reason to doubt that the amounts due from the Customer under the terms of the Contract will be paid in full according to the terms thereof, then the Seller reserves the right to require payment in full before delivering or performing any other work or services whatsoever for the Customer;
4.6.2 The Customer shall indemnify the Seller against all losses sustained or extra expenditure incurred as a result of such a suspension of manufacturing, ordering, delivery or other work or services including a reasonable allowance for storage;
4.6.3 Where payment requested in accordance with this Condition is not received within 30 days of demand, the Seller reserves the right to sell or dispose of the Goods produced for the Customer and to recover any additional loss from the Customer.
5.1.1 Legal and beneficial ownership of the Goods is to remain vested in the Seller until both the Goods and any Additional Items have been paid for in full, and until full payment has been received by the Seller under any other contract with the Customer for which payment is outstanding;
5.1.2 If the Customer obtains possession of the Goods prior to such payment, the Customer shall hold the Goods in a separate and identifiable form as bailee and fiduciary agent for the Seller;
5.1.3 Failure to pay the full amount when due shall give the Seller, or its employees or agents, the right to repossess the Goods (and enter the Customer’s premises for that purpose if necessary) with or without notice and without liability and, at its option, to avail itself of any other legal remedy;
5.1.4 The Seller shall have the right to sell the Goods once they have been re-possessed under this Condition.
5.2 Notwithstanding this Condition 5, the Seller shall be entitled to maintain an action for the price of the Goods and Additional Items at any time after the date when payment is due.
5.3 Where the Goods are attached to either buildings or plant or machinery of the Customer, the Customer agrees that it is not its intention that the Goods thereby become fixtures and fittings or part of the plant or machinery, but the Goods shall remain as chattels and be severable from the buildings or plant or machinery.
- PERFORMANCE AND FORCE MAJEURE
6.1 The Seller shall take all reasonable steps to perform its obligations and deliver within the time specified, but such times are estimates only. The Seller shall not be liable for expenses losses or damages caused by late performance or delay in delivery and delays shall not entitle the Customer to rescind the Contract.
6.2 Without prejudice to the generality of Condition 6.1, the Seller shall have no liability for any expenses losses or damages caused by delay or default in performance of any obligation caused directly or indirectly by breakdown or unavailability of plant or machinery, failure of raw material or supply of raw material, inability to obtain sufficient labour or sufficient skilled labour or any other cause or causes beyond the reasonable control of the Seller.
6.3 The Seller reserves the right to make part deliveries and to submit invoices for Goods supplied as part of an order.
- RISK CARRIAGE PACKAGING AND STORAGE
7.1 From the time when the Goods are despatched from the Seller’s premises the risk of any loss, damage to or deterioration of the Goods shall be and remain with the Customer notwithstanding that the Seller may arrange carriage. The Seller shall be under no liability arising from their choice of carrier or carriers, or from the act or omission of such carrier or carriers, and the Customer waives all rights under Section 32(2) of the Sale of Goods Act 1979 in addition to any other rights hereby excluded or restricted.
7.2 If it is necessary to despatch Goods in crates, cases, flight cases, pallets, stillages or skids the Seller reserves the right to charge for packaging. The amount charged for packaging will be credited in full to the Customer if the packaging is returned in good condition at the expense of the Customer within 1 month of delivery.
7.3 Once the Goods are ready for delivery the Seller shall be entitled to invoice and be paid for the Goods as if they had been delivered if for any reason the Customer does not arrange for or accept delivery. The Seller shall arrange storage for the Goods and the cost of storage shall be added to the Contract price.
- TERMS AND REPRESENTATIONS
8.1 THESE CLAUSES DEFINE THE CUSTOMER’S RIGHTS IN RESPECT OF ANY LOSS OR DAMAGE CAUSED BY THE GOODS OR FOR ANY STATEMENTS MADE BY THE SELLER THEIR EMPLOYEES OR AGENTS. CUSTOMERS ARE ADVISED TO READ THESE PROVISIONS CAREFULLY.
8.2 The Seller agrees to repair or (at its discretion) replace or (at its discretion) issue a credit note in respect of Goods which are found to be defective (fair wear and tear excepted) and which are returned to the Seller within the Warranty Period provided that each of the following are satisfied:
8.2.1 notification of any defect is given to the Seller immediately upon it becoming apparent to the Customer;
8.2.2 the Goods have only been operated under normal operating conditions and have only been subject to normal use;
8.2.3 the Goods are returned to the Seller’s premises at the Customer’s expense properly packed in a dry and clean condition (in default of which the Seller may charge the Customer for the costs of drying and cleaning the Goods);
8.2.4 any Goods or parts of Goods replaced shall become the property of the Seller;
8.2.5 no work whatsoever (other than normal and proper maintenance) has been carried out to the Goods or any part of the Goods without the Seller’s prior written consent;
8.2.6 the defect has not arisen from a design made, furnished or specified by the Customer;
8.2.7 the Goods have been assembled or incorporated into other goods only in accordance with any instructions issued by the Seller;
8.2.8 the defect has not arisen from a design modified by the Customer;
8.2.9 the defect has not arisen from an item manufactured by a person other than the Seller. In respect of any item manufactured by a person other than the Seller, the Customer shall only be entitled to the benefit of any warranty or guarantee provided by such manufacturer to the Seller;
8.2.10 any installation of the Goods has been carried out by the Seller or in accordance with the Seller’s instructions.
8.3 The Seller accepts liability:
8.3.1 for death or personal injury to the extent that it results from the negligence of the Seller, its employees (whilst in the course of their employment) or its agents (in the course of the agency);
8.3.2 for any breach by the Seller of any statutory undertaking as to title, quiet possession and freedom from encumbrance.
8.4 Subject to Conditions 8.2 and 8.3 from the time of despatch of the Goods from the Seller’s premises the Customer shall be responsible for any defect in the Goods or loss, damage, nuisance or interference whatsoever consequential economic or otherwise or wastage of material resulting from or caused by or to the Goods.
8.5. Subject to clause 8.2 and 8.3 the Seller shall not be liable for any economic losses or loss of profit arising from any breach of this agreement, breach of contract or negligence on the part of the seller.
8.5.1 At the request and expense of the Customer the Seller will test the Goods to ascertain performance levels and provide a report of the results of that test. The report will be accurate at the time of the test, to the best of the belief and knowledge of the Seller, and the Seller accepts no liability in respect of its accuracy beyond that set out in Condition 8.2.
8.6 Subject to Condition 8.5 no condition, warranty or other term, express or implied (by statute or otherwise) is given by the Seller that the Goods are of any particular quality or will enable the Customer to attain any particular performance or result, or will be suitable for any particular purpose or use under specific conditions or will provide any particular capacity, notwithstanding that the requirement for such performance, result or capacity or that such particular purpose or conditions may have been known (or ought to have been known) to the Seller, its employees or agents.
8.7.1 To the extent that the Seller is held legally liable to the Customer for any single Transgression, the Seller’s liability for the same shall not exceed the price of the Goods provided that a number of Transgressions, whether successive or concurrent, which together result in or contribute to substantially the same loss or damage shall be treated as a single Transgression;
8.7.2 The restriction of liability in Condition 8.7.1 shall not apply to any liability accepted by the Seller in Condition 8.3.
8.8 The Goods are sold to the Customer on condition that the Customer accepts that:
8.8.1 the Goods have a limited useful life, the length of which is determined by the amount and type of use. Therefore Goods used frequently and stored and handled roughly will not last as long as Goods used infrequently and stored and handled carefully;
8.8.2 the Goods may be specifically designed either for indoor or outdoor use, and may not be suitable for use for which it is not designed;
8.8.3 the performance of the Goods can be affected by wind, ground and site conditions which the Seller is not able to assess when designing and manufacturing the Goods: the Customer should anticipate adverse weather, ground and site conditions when using the Goods and is responsible for the siting of the Goods where the performance of the Goods will be affected by such factors;
8.8.4 the Customer must evaluate and choose appropriate methods for siting and securing the Goods, which will vary according to site conditions, weather conditions and ground conditions.
9.1 The Seller shall, at its option, be entitled by notice to terminate all or any of its contracts with the Customer forthwith and recover all expenses, losses and damage resulting to the Seller including (but without limitation to) loss of profit or other consequential loss if:
9.1.1 (a) the Customer has a bankruptcy petition presented against him or a bankruptcy order is made;
(b) the Customer makes or seeks to make any composition or arrangement with his creditors;
(c) the Customer makes a proposal to his creditors for a voluntary arrangement or applies for an interim order (within the meaning of Section 286 Insolvency Act 1986);
(d) an encumbrancer takes possession of any of the Customer’s assets, or any of the Customer’s property is taken in execution or process of law;
(e) a petition is presented or an order is made or a resolution is passed for the winding-up of the Customer;
(f) a petition is presented or an order is made for an administration order to be made in relation to the Customer;
(g) the Customer’s directors make a proposal for a voluntary arrangement with the Customer’s creditors;
(h) the Customer is unable to pay its debts (within the meaning of Section 123 Insolvency Act 1986);
(i) a receiver or administrative receiver is appointed over any of the Customer’s assets; or
9.1.2 the Customer fails to make any payment owed to the Seller on the due date; or
9.1.3 the Customer fails to make payment in advance, when requested in accordance with Condition 4.5 above, within 7 days of being requested to do so; or
9.1.4 the Customer fails to take delivery of or to collect the Goods within 14 days of being notified by the Seller that they are to be delivered or are ready to be collected; or
9.1.5 the Customer is in breach of the terms and conditions of any contract with the Seller (including breach of these Conditions) and shall fail to remedy the same within 21 days of notice specifying the breach and requiring remedy (if the breach shall be remediable).
10.1 Patterns and designs are the property of the Seller who will normally, but without obligation to do so, retain for not more than three years from the date of completion of the last order. Only where specifically agreed between the parties will patterns and designs become the property of the Customer.
10.2 The Customer’s own dies and patterns are operated at the Customer’s sole risk and responsibility and without any liability either in contract or in tort being attached to the Seller.
- CUSTOMER PROPERTY
11.1 If any property of whatsoever nature of the Customer is used in connection with the Goods (whether for the purpose of manufacture, display or any other reason) the Customer shall indemnify the Seller for any loss or claim suffered by the Seller as a result of using such property. If such property has not been removed within three months from the date on which the price becomes payable, the Seller reserves the right to charge a storage fee or charge for the costs of disposal.
12.1 Any notice, consent, notification, acknowledgement, authority or agreement required or referred to in the Contract shall be:
12.1.1 in writing; and
12.1.2 given to the party for whom it is intended at such party’s registered or main office or last known address; and
12.1.3 given by registered or recorded delivery post or telefax transmission and shall be deemed to have been received 5 days after the date of posting or 1 day after the date of transmission as the case may be.
13.1 The Contract shall be governed in all respects by English Law and be subject to the sole jurisdiction of the English Courts.