Harmony In The Community
Standard Terms and Conditions for Services and Hire
“Provider” means Harmony in the Community, or its subsidiaries.
“Client” or “Hirer” means the party requesting services and/or hiring equipment from the Provider.
“Services” means the services provided to the Client including installation, operation and removal of hired equipment.
“Equipment” means all items provided to the Client.
“Hire” means the provision of Equipment for hire.
“Period of Hire” means the period from the delivery date until the Hire goods have been dismantled and removed from the site.
“Location” means anywhere other than the Provider’s premises where Services are provided and/or where Equipment is located or stored.
“Contract” means the agreement between the Provider and the Client and includes these Standard Terms.
2. Provision of Services and/or Equipment
2.1 The Provider provides and the Client accepts the Services and/or Hire of Equipment subject to the Contract, which shall not be varied except as confirmed in writing by the Provider.
2.2 The Client acknowledges that it has selected Services and Equipment suitable for its purpose and that it has not been induced to enter into the Contract by any prior representation (including quality, performance, fitness for purpose, functionality or use) except if specifically contained in the Contract.
2.3 The Provider may sub-contract any of its obligations to a competent third party.
2.4 Typographical or clerical errors or omissions in the Provider’s documents may be corrected by the Provider without liability.
2.5 If for reasons beyond our control any item of equipment booked is not available for the period of hire, we reserve the right to substitute an alternative size of marquee or other equipment to meet, as near as possible, your requirements. If we do so you will not have any claim against us. In the event that we cannot substitute suitable alternative sizes of equipment we shall notify you of cancellation of the contract, in which event any deposit or other monies paid by you will be refunded immediately, but otherwise no claim shall lie against us.
3. Property, Risk and Liability
3.1 All Equipment shall remain the absolute property of the Provider and the Client has no right, title or interest in the Equipment. The Client accepts that the Provider may remove Equipment from any Location and gives rights of access to any Location to effect such removal.
3.2 The Client agrees to indemnify the Provider against loss or damage (reasonable wear and tear excepted) to the Equipment and shall at its own expense insure the Equipment against all losses (including loss of earnings and other consequential loss) that the Provider may incur including wanton damage, Client negligence or legal liability. Equipment lost or damaged beyond economic repair to be replaced with equivalent new equipment. All related costs caused by such actions will be liable by the Client. Client to prove insurance cover is sufficient to cover all eventualities.
3.3 Except as expressly included in the Contract, all conditions, warranties, and representations concerning the Services and Equipment including their quality, description, fitness for purpose or otherwise are excluded to the fullest extent permitted by law.
3.4 The Client agrees that the Provider’s entire liability in respect of any delay, late delivery, defect or deficiency of or relating to any Equipment or any failure, error or mistake by any technician or other staff provided by the Provider or any other occurrence adversely affecting the delivery of the Services shall be limited and shall not exceed the total fees received for the Services and Hire. In the case of recorded material, the Provider’s liability shall be limited to the cost of replacing blank media only and in the case of loss or damage to the Client’s or a third party’s physical property caused by the Provider’s negligence shall be limited to £1,000,000 for any event or series of connected events.
3.5 The Provider will not be liable for loss of profits, loss of contracts or any consequential loss suffered by the Client.
3.6 The Provider shall not be liable to the Client by reason of delay or failure in performing any of the Provider’s obligations due to any cause beyond the Provider’s reasonable control including without limitation :-
• the site being unsuitable or access being unavailable on the date stated for delivery
• adverse wind or weather conditions
• loss or damage to equipment by fire or flood
• any industrial dispute, lock-out or strike
• any cause out of our control
• grass sites which have not been cut
3.7 The Provider shall have no liability unless the Client gives the Provider reasonable details in writing within 90 days of the occurrence of the matter giving rise to the claim.
3.8 The Provider accepts no responsibility for loss or damage to any equipment or materials belonging to the Client or its contractors, which the Provider may agree to store or transport, and any such equipment shall at all times be at the Client’s risk.
4. Provider’s Obligations
4.1 The Provider shall use its reasonable endeavours to provide the Equipment and Services in all material respects in accordance with the Contract exercising all reasonable care and skill.
4.2 Hire charges do not include attendance by our employees for any purpose other than erecting and dismantling marquees. Hire charge quotes for furniture and other equipment do not include erecting, dismantling or placing.
5. Client’s Obligations
The Client undertakes:-
5.1 To procure all necessary licences and permissions for any projection, broadcasting, recording and other communication and to indemnify the Provider against all loss, damage, costs and expenses incurred by the Provider relating to any claim that providing the Services infringes any copyright, trade mark or other intellectual property rights of any third party or is undertaken without a valid and effective licence or permission from any relevant building owner, licensing or other regulatory authority.
5.2 To provide the Provider with free and timely access on Location to such facilities (including power supplies and suitable working sites) as the Provider may reasonably require. The size and surface of the site are suitable for erection of equipment. You have informed us of any drains, pipes, cables or other obstacles which might affect the site. It should be noted that the pegs holding marquees may be driven up to one meter into the ground. You should note that you are responsible for repairing and making good any damage caused to the site by erection or dismantling of any equipment. The site must be cleared of all obstacles prior to delivery of the marquee. If we have to move any obstacles we will not be held liable for any damage as a result of this.
5.3 Where the Provider’s Services are dependent on the provision of equipment or services provided by the Client or its contractors, the Client shall ensure that all such equipment or services are provided on time as agreed and required, are of adequate specification and in good working order and are provided by competent and experienced persons using appropriate care and skill.
5.4 To take all reasonable precautions to protect the health and safety of the Provider’s employees and sub-contractors.
5.5 If operated by the Client, to ensure that the Equipment is used in a proper manner without risk to health and safety and not contrary to any law or for any purpose for which the Equipment is not designed or suitable.
5.6 To take all reasonable care of the Equipment to ensure its physical safety and security whilst in the possession or control of the Client or on Location. This includes all safety / fire regulations
5.7 That where a support structure for the Equipment is to be supplied by the Client, that the structure and access arrangements are competently designed and installed, fit for purpose and comply with Health and Safety and other regulations including the Public No Smoking Law (if applicable)
5.8 Not to sell, sub-let or otherwise dispose of or part with the Equipment or interest therein but to keep the Equipment in its possession and control free from lien charge or encumbrance.
5.9 Not to repair or modify the Equipment or remove any notices, labels or serial numbers except with the Provider’s authorisation.
5.10 Not to remove the equipment from the UK
5.11 You will be liable for any additional costs or charges in the event that extra work or equipment outside the terms of a quotation is required, or the equipment is required or used for any period outside the period of hire.
6. Prices and Payment
6.1 The prices of Equipment and Services are as stated in the Provider’s quotation. Any extra Equipment subsequently required as a result of a site survey or otherwise shall be chargeable in addition. Equipment must be returned within 3 days of the quoted Hire period and if returned later than this will be charged on a pro rata basis for each days delay.
6.2 The Provider reserves the right to increase prices to reflect any cost increase due to any changed requirement or delay caused by the Client or factors beyond the Provider’s control.
6.3 The Client shall pay the price of the Hire or Services in accordance with the payment terms below, unless other payment terms have been agreed in writing. The Client shall pay all sums due to the Provider without any right of set-off, deduction, counterclaim and/or any other withholding of monies.
6.4 An invoice will be issued at the time of the order which should be paid within 14 days or in accordance with the timescales below, whichever is the sooner. The hirer may make full payment of the order upon receipt of the invoice should they wish to do so.
• The hirer will pay a non-returnable deposit of 30% of the total hire charge at the time of the order.
• A further 50% of the total hire charge is to be paid 60 days prior to the hire period.
• The remaining 20% of the total hire charge to be paid 7 days prior to the hire period.
6.5 Should the Client fail to pay any sum on the due date then, without prejudice to any other right or remedy, the Provider reserves the right to cancel the Contract, suspend the provision of Services, remove Equipment from any Location and charge interest on the overdue amount. Overdue payments will incur interest of 7.5%, to be charged incrementally on a monthly basis until payment is received of full amount including the accrued interest.
6.6 In the event that the hirer cancels the contract the 30% deposit paid shall be forfeit. In addition the following charges will be applied dependent on the period of notice given prior to the commencement of the hire. The deposit shall be deducted from the percentage payable.
Period of notice Percentage of the total hire charge
8 – 60 days 50% of total hire charge
7 days 100% of total hire charge
7.1 In the event of bankruptcy, insolvency or liquidation of the Client or if the Client ceases or threatens cessation of business or if the Provider reasonably believes that the aforesaid is about to occur or if the Client is in breach of the Contract, then without prejudice to any other right or remedy the Provider may without liability to the Client by notice cancel or suspend provision of the Services, repossess Equipment and, if any Services or Equipment have been provided but are unpaid, the price shall become immediately due and payable.
8.1 Any notice must be sent in writing and sent to the principle place of business of the party concerned.
8.2 No waiver or any breach of the Contract shall be a waiver of any subsequent breach of the same or any other provision.
8.3 If any provision hereof is invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall be unaffected.
8.4 The interpretation and application of the Contract shall be in accordance with English Law.