Terms and Conditions

Definitions

The ‘Client’, ‘You’, and ‘Your’: The person(s) or organization contracting for the hire of equipment as outlined in the Company’s Order.
The ‘Company’, ‘We’, and ‘Our’: Daniel Ross and Carl Watson trading as Willow and Forde (Company UTR 6186272826).
The ‘Equipment’: The marquee and associated hire items as outlined in the Company’s Order.
‘Hire Period’: The period of time from delivery to completion of dismantle.
‘Usage Period’: The period of time from completion of assembly to beginning of dismantle.
‘Contract’: The agreement between the Company and Client for the hire of the Equipment as described in the Order, including that of Subcontractors, in accordance with these terms and conditions.
‘Order’: The description of hired Equipment made between the Company and the Client, including dates for Hire Period, Usage Period, and details of delivery and dismantle.
‘Hire Charge’: The money payable to the Company for full satisfaction of the Contract as outlined in these Terms and Conditions.
‘Deposit’: The money payable to the Company upon the agreement of the Contract which shall constitute security for the Client’s completion of its obligations under the Contract.
‘Quote’: An offered price and terms of Contract provided by the Company to a Client.
‘Site’: The location specified by the Client and confirmed in the Order where the Company will deliver and erect the Equipment.
‘Dismantle’: The disassembly and removal of all Equipment from the Site by the Company.
‘Subcontractor’: A party hired by the Company to perform a function as part of providing the services in the Contract but who is not an employee of the Company.
‘Employee’: A person employed by the Company.

Conditions

Formation of Contract

An Order will be confirmed once the Deposit has been received in full, according to the amount described in a Quote, whereupon a Contract will be formed between the Company and the Client. The terms and conditions herein shall form a part of any Contract between the Company and a Client. By permitting Contract to be carried out it is understood that the Client is deemed to have acknowledged this and is legally responsible on their part for the Hire Charge and Usage Period as outlined below.

The Company shall provide the Equipment on a hire basis and take no responsibility for the usage of the Equipment by the Client, other than as is specifically outlined in this document.

These terms and conditions shall form part of any Contract between the Company and a Client.
By permitting the Contract to be carried out, it is understood that the Client acknowledges and accepts these terms and conditions and is legally responsible for the Hire Charge and Usage Period as outlined below.
The Company provides Equipment on a hire basis and takes no responsibility for the usage of the Equipment by the Client beyond what is specifically outlined in this document.

The Company Undertakes

To deliver all Equipment described in the Order to the location agreed between the Company and the Client by the first day of the Usage Period.
To assemble all Equipment according to the description provided in the Order.
To dismantle and remove all Equipment as stated in the Order after the end of the Usage Period.

The Client Undertakes

To pay all Hire Charges in the amounts stated on the Order, due 28 days prior to the Hire Period. The Company shall have the right to not deliver the Equipment according to the terms of the Order if payment is not received according to the terms of the Contract. Payment of the initial payment by you shall be considered acceptance of the terms and conditions herein, or such variations thereof as may be agreed in writing.
To pay interest on any monies outstanding at a rate of 4% per annum above The National Westminster Bank base rate.
To provide the Company with accurate detailed drawings, 4 weeks prior to the Hire Period, of any underground services such as electrical cables, pipes or drainage and clear instruction of any obstacles or hazards which may affect assembly of the Equipment or the safety of staff and / or general public. The Client shall be liable to the Company for any damage to the Equipment or harm to any Employee or Subcontractor providing services under the Contract on behalf of the Company, arising from any failure by the Client to provide a sufficiently accurate description of any underground hazard, whether or not the Client had foreknowledge of the existence thereof.
To inform the Company of any known changes to the Site after booking confirmation or conducted Site visit, or alterations to ground conditions, access and hazards. Any costs to the Company incurred by such, will be the responsibility of the Client.
To provide an accurate plan of the Equipment position or a representative on the first day of the Hire Period, stated on the Order. In the absence of both, the Company will determine the location where the Equipment will be erected. The Client hereby waives all right to claim any damages against the Company for loss (other than personal injury) arising from the location chosen by the Company under this clause.
Should the Site be on land not owned by the Client, the Client shall provide to the Company, no later than seven days prior to the beginning of the Usage Period, proof of permission from the land owner or leaseholder, as applicable, of the Site for vehicle access and all Equipment to be assembled and stored on Site for the Hire Period.
To ensure all licenses, permits and requirements relating to assembly and the planned activities are obtained from local authorities and emergency services and provided to the Company prior to the Hire Period. Should the Company be unable to perform the Contract because the Client has failed to obtain the necessary license or permit, the Contract shall be considered breached by the Client and all monies paid prior to the breach forfeit to the Company as damages.
To not enter the marquee or working Site boundaries whilst construction and dismantle is taking place, unless instructed as safe by the Site foreman or health and safety officer on Site.
To provide when needed a safe, sufficient power supply in accordance with the Company’s specification.
To keep secure all Equipment when not in use.
To prohibit the use of any lighting, heating, cooking, gas or electrical equipment other than the Equipment without prior written consent.
To give prior notice to the Company regarding the use of naked flame candles and ensure safety measures are in place for emergency situations. The Client is responsible for all safety and is advised to seek advice from a local fire safety warden, officer and brigade.
To keep any fire pit which is in use in the location agreed. The Client must appoint a competent individual, who is not under the influence of alcohol and / or drugs, to be responsible for the safe use and extinguishing of the fire and identify this individual to the Company no later than the last day of the Company being physically on Site.
To not tamper with or alter any of the Equipment and to not affix any items to the Equipment whatsoever without prior consent of the Company.
To make arrangements for all personal belongings, rubbish and / or other event equipment, not belonging to the Company, to be removed before arrival of the Company on the final day of the Hire Period. Any costs incurred by the Company due to the Client’s failure to do so will be the responsibility of the Client and not of the Company.
Due to temporary structures having limitations in regard to wind, the Client is aware that it is possible that the Equipment may not be safe to use in adverse weather conditions. Should the weather forecast, or actual wind speeds reach unsafe levels, it is the Client’s responsibility to evacuate the Equipment. An adverse weather contingency plan and / or instruction shall be provided in writing or verbally by the Company and / or Subcontractor to the Client, should adverse weather conditions be forecast. Any loss of life, injuries or damage caused during the Hire Period, by a failure on the Client’s Part to adequately prepare according to this section, will be the responsibility of the Client and not the Company.
To use Equipment provided in accordance with relevant law and all health and safety guidance.
The Client shall be responsible for, and indemnify the Company against, any loss or damage to all Equipment whatsoever the cause. Any loss or damage will be charged for on a reinstatement with new basis.
The Client must provide the Company proof of having arranged insurance in their name for the Equipment at least seven days prior to the Hire Period of the Equipment.

Variations

The Company will do all that is within its power to deliver all Equipment in accordance with the Client Order but where alterations to the specification of Equipment or design occur the Company will inform the Client immediately. Where changes are fundamental to the usage, the Client has the right to terminate the contract with a full refund of all monies paid to the Company, less costs incurred, being due 30 days after.
The Hire Charge stated on the Order is based on the assumption that the Client provides a firm, flat, level ground, penetrable to Equipment ground anchors and pervious to rainwater, accessible to commercial vehicles and is free from flooding, trees and other overhead obstructions. If this is not the case or the Client wishes to change the position of the Equipment to another location than that agreed at the time of booking, then any subsequent cost increases due to labour, making good or time restraints will be the responsibility of the Client and in certain circumstance an hourly fee may be charged.
Any changes to the Order requested by the Client shall only form part of the Contract when confirmed by the Company in writing, which may include changes to the price of the Order. Any changes to the Order after booking confirmation will be amended in the balance due. This includes both an increase and reduction to the total amount dependant on labour, Equipment costs, delivery and vehicle charges, but not to below 60% of the original value of the Order. The Company shall produce an Order confirmation detailing the changes and the cost of the new Order. Order change will be official upon confirmation of acceptance of the cost by the Client.

Cancellation

Either party has the right to cancel the contract, without penalty, for up to and not exceeding 14 days. Acceptance of termination will be subject to written confirmation being handed from the Client to the Company or vice versa. In the eventuality the contract is terminated within this period all monies paid to the Company will be fully refunded within 30 days.
Should the Client want to cancel the Order more than 14 days after acceptance the Client shall compensate the Company 30% of the original total Order value or the value of the initial payment paid (whichever is greater) for cancellations where notice is given to the company more than 30 days before the first day of the Hire Period. For cancelations where notice is given to the Company less than or including 30 days before the first day of the Hire period, but more than 14 days before the first day of the Hire Period, a fee of 50% of the total Order is applicable. Where notice of cancellation is given with 14 or fewer days before the first day of the Hire Period, a charge of 100% of the Order amount shall be due. For the purpose of this section, notice shall be deemed to be received by the Company if received by email during the hours of 0900-1700 on ordinary working days in England. Any notice received after 1700 on a working day, or on any holiday or weekend, shall be deemed received on the next working day.

Exclusion of Liability

. Force Majeure – Whilst every effort will be made by the Company to provide the Order, the
Company shall not be liable for the Client’s resulting losses should the Company be unable to
provide the Order due to acts of god, war, natural disasters, disease outbreak, road accidents,
traffic delays, storm, flooding, strong winds, adverse weather, or for any reason outside of the
Company’s control. The Client may wish to consider event cancellation insurance, including
adverse weather cover.
The Company shall not be responsible for theft, loss or damage to the property of the Client or
the general public during the Usage Period.