The Hirer shall be responsible for the safe custody and security of all equipment hired from North East Marquees, from the time of delivery at the Hirer’s site and up until final collection is effected by North East Marquees.
The Hirer shall make all necessary and adequate arrangements to protect the hired equipment while same is in his custody.
Upon delivery and erection of the equipment, the Hirer shall agree with North East Marquees that, after inspection and upon being satisfied with same, the equipment is in good order and erected in the desired location, and shall sign a written confirmation of this immediately after inspection. thereafter, the Hirer shall be liable for all damage howsoever caused to the hired equipment while in the Hirer’s custody, caused by interference, malicious action, storm, flood, tempest or any other contingency.
The Hirer shall have sole responsibility in arranging for insurance to cover public liability and fire risks on the hired equipment and the Hirer herby agrees to indemnify and keep indemnified north east marquees against all actions, claims, costs, demands and expenses howsoever arising in a result of any claim which may be made against it by any third party involving this agreement.
The amount payable by the Hirer to north east marquees in respect of services rendered under this agreement shall be based on the schedule and charges as specified overleaf.
North east marquees may partially or totally suspend the delivery or erection of its equipment during any period in which may be prevented from carrying out such part of its contract through any circumstances falling within the ordinary meaning of force majeure, to include but not limited to, strikes, difference with work-persons, act of god, storm, flood, tempest or any cause outside the reasonable control of north east marquees. North East Marquees shall not be under any liability, consequential or otherwise, arising out of its failure to deliver or complete erection by a specified date which is directly or indirectly attributable to such event.
North East Marquees shall be under no obligation or liability in respect of failure to complete its contract with the Hirer on time in respect of any delay or failure in delivery of the hired goods which may occur.
The hire charges are based on the assumption that the site where the equipment is to be erected is level with adequate height clearance for the structure during erection and when upright.
The Hirer’s representative shall supervise and ensure that overhead cables or underground services do not obstruct or impede the erection of the equipment. it is the responsibility of the Hirer to mark the position where the equipment is to be erected and verify that the anchoring stakes of appropriate length which are used to stabilise the structure, do not damage or puncture any underground services such as gas pipes, water pipes, electric cables etc., when penetrating the ground surface. North East Marquees shall not be under any liability either consequential or otherwise whatsoever for any damage or injury which may be caused as a result of failure on the part of the Hirer to identify the existence of such services that may be damaged in the course of erection of the equipment or inserting the said anchoring stakes.
The Hirer acknowledges that adequate information about the use and safety of the equipment is available.
Deposit payment of a sum shall be for the purpose of discharging any final liability, whether prospective or actual of the Hirer to North East Marquees under the contract. North East Marquees may at its discretion at any time treat any such sum as being held for the discharge of the Hirer to North East Marquees under the contract and North East Marquees shall not be under any obligation to refund such sum or any unapplied part of it until the Hirer has no further liability whether prospective or actual to North East Marquees under the contract.
This agreement shall not come into force until it has been signed on behalf of North East Marquees and unless and until any deposit prescribed by North East Marquees has been paid by the Hirer.
TERMS OF PAYMENT- cash, bank draft, (or at North East Marquee’s discretion) cheques in respect of the invoice furnished by North East Marquees to the Hirer shall be paid by the said Hirer upon erection and positioning of the hired equipment, unless alternative arrangements have been agreed in writing between North East Marquees and the Hirer.
Should confirmation of an order not be received from the Hirer by the Company in writing North East Marquees shall be under no obligation whatever in respect of failure to fulfil any purported agreement between them.
These terms and conditions shall apply to all hiring’s and no variation or purported variation whether before or after the making of this agreement shall effect, unless expressly agreed in writing by North East Marquees.
If payment in full has not been made, the Hirer shall pay all outstanding monies plus interest as calculated at the rate of interest equal to 2% per month above the Dublin inter bank rate pertaining at the time.
The contractual rights (if any) which the Hirer enjoys by virtue of sections 12, 13, 14, and 15 of the sale of goods act 1893 (as amended) are in no way prejudiced by anything contained in these terms and conditions save (if the Hirer is not dealing as consumer) to the extent permitted by law.
The laws of the republic of Ireland shall in all respects apply to all contracts made between the Hirer and North East Marquees.