1. DEFINITIONS
‘Tentario‘ means Tentario Limited incorporated and registered in England and Wales with company number 08623201 whose registered office is at 44 Highbank, Brighton, East Sussex BN1 5GB.
‘Client’ means the person hiring the Equipment from Tentario.
‘Equipment’ means the tipi(s) and other materials specified on the Booking Form being owned and maintained by Tentario provided to the Client. Equipment does not include that of Third Party Suppliers.
‘Period of Hire’ is the period of time between the completion of erecting the Equipment and the commencement of the dismantling of the Equipment.
‘Hire Charge’ is the sum payable by the Client to Tentario as set out on the Booking Form.
‘Booking Form’ is the form issued by Tentario to the Client containing details of the Equipment, Period of Hire and Hire Charge.
‘Third Party Supplier’ is a company or individual not owned directly by Tentario and shall not form any party of a contractual obligation between Tentario and the Client.
‘Third Party Equipment’ is equipment owned, supplied, erected and maintained by a Third Party Supplier. All such equipment shall not be the responsibility of Tentario.
2. CONDITIONS
Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below and the Client by authorising or allowing work to proceed is deemed to have acknowledged this.
3. TENTARIO UNDERTAKES:
3.1 To deliver the Equipment and proceed to erect it on or before the Set Up date shown on the Booking Form.
3.2 To dismantle and remove the Equipment from the site on or after the Takedown date shown on the Booking Form.
4. THE CLIENT UNDERTAKES:
4.1 To pay the Deposit and to pay the Balance in accordance with the Invoices. Tentario reserves the right not to provide the Equipment should payment not be received.
4.2 To provide Tentario with either a plan showing the position in which the Equipment is to be erected and all underground services and any apparent obstacles or to make available a representative on the site for that purpose. In the absence of both then Tentario having erected the Equipment where it thinks fit shall be deemed to have completed the contract. In any event, the Client and not the Company will be responsible for any damage to underground cables or pipes.
4.3 To obtain permits from any authorities who are or may be concerned and to make application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organisation. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to Tentario by the Client.
4.4 Where appropriate to obtain a licence from the Local Authority. Any requirements under the licence must be notified to Tentario in writing, at least 28 days prior to erection. Should Tentario for any reason be unable to comply with these requirements, then the Client shall be notified and the Contract shall be deemed to have been cancelled by the Client.
4.5 If any part of the Equipment includes electrical apparatus to provide such power points or supply as may be reasonably required by Tentario.
4.6 Not to enter the Equipment whilst it is being erected or dismantled by Tentario.
4.7 To close and secure any tipi door when not in use.
4.8 Not to use any lighting, heating, cooking or other gas or electrical appliances of any kind without the prior written consent of Tentario.
4.9 Not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Equipment without the prior written consent of Tentario.
4.10 To oversee all Third Party Suppliers bringing their equipment into or around the tipis and to ensure no equipment is placed within 1 ft of the tipi canvas (inside or outside) either by the Third Party Suppliers or the Client.
4.11 Not to tamper with the structure or any part of the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without Tentario’s prior written consent.
4.12 Not to tamper with any fire extinguishers as provided by Tentario (for use with any fire places provided) except for use in appropriate circumstances. Any fire extinguishers belonging to Tentario found to be tampered with inappropriately during the Period of Hire will be subject to an additional charge.
4.13 Not to sub-hire the Equipment to any party without the prior written consent of Tentario.
5. VARIATIONS
5.1 The Hire Charge is based on the assumption that the Client provides a firm and level site of turf (or some other material not impervious to stakes and able to absorb rainwater) and is served by a firm access road adjacent to the site with adequate hard-standing for commercial vehicles, is free from flooding, trees and overhead obstruction. If this is not the case or if the Client wishes Tentario to erect the Equipment in a different position on the site to the one indicated by the Client to Tentario at the time of booking and in either event the costs to Tentario are subsequently increased by reason of increase in labour costs or any other factor Tentario may increase the price in accordance with Tentario’s published price list and hourly labour rates then in force.
5.2 Tentario will use all reasonable endeavours to supply the Client with the Equipment but where this is not possible Tentario will notify the Client as soon as possible with any alterations to the design and specifications of the Equipment and where alteration is fundamental the Client may terminate this contract and any deposit paid will be refunded.
6. INSURANCE, LOSS, DAMAGE OR EXCESSIVE SOILING
6.1 The Client shall be responsible throughout the Period of Hire for the maintenance and safe custody of the Equipment.
6.2 The Client must be satisfied with the Equipment before use and should notify Tentario of any incorrect deliveries or unacceptable equipment before use.
6.3 The Client shall be responsible for and indemnify Tentario against any loss to all hired Equipment whatsoever the cause.
6.4 The Client shall at its own expense insure Equipment with an insurance company of repute against all loss or damage (whether or not the Client’s or Tentario’s fault) in an amount equal to its replacement cost new and against liability for any continuing Hire Charges until earlier of: return of Equipment to Tentario in good working order and condition (fair wear and tear excepted) or if not capable of economic repair its replacement with equivalent new equipment or receipt by Tentario of payment in full of its replacement cost new and all other sums due hereunder.
6.5 The Client hereby irrevocably authorises Tentario in name and on behalf of Client to make any claims under the insurance in respect of loss of or damage to Equipment, to settle or compromise such claims and to receive and give good discharge to insurers for any moneys payable. Client shall not do or allow to be done any act or thing whereby insurance of Equipment may be invalidated.
6.6 If Equipment is lost or damaged, the Client shall notify Tentario immediately, assist in making appropriate claims under such insurance and not without Tentario’s consent settle or compromise any claim.
6.7 The Client will on request at any time produce to Tentario a receipt for current premium and the insurance policy documents in the Client’s name and covering all Equipment.
6.8 Upon payment of the “Damage Waiver Fee” referred to in the quotation then clauses 6.4, 6.5, 6.6, 6.7 above will not apply. Please note that the Damage Waiver Fee is NOT an insurance policy. It does not cover event cancellation, public or employer liability or any other liability, other than accidental damage to the tents and associated equipment. The Client remains responsible for all loss and damage, resulting from negligence, legal liability or any Third Party Equipment.
6.9 Tentario accepts no responsibility for loss or damage to any equipment or materials of the Client or any Third Party Equipment, which Tentario may agree to store or transport, and any such equipment or materials shall at all times be at the Client’s risk.
7. UNDERSTANDING
The Hire Charge does not include making good any repairs to the Site unless caused by the negligence of Tentario’s servants, agents or contractors.
8. CANCELLATION
8.1 Either party shall have the right to terminate this Contract without penalty within fourteen days from the date of the Booking Form subject to written confirmation of such termination being given by one party to the other within such period. In the event of such termination by either party, Tentario shall refund to the Client all sums paid by the Client to Tentario by way of deposit or otherwise.
8.2 If the Client wishes the Set Up of the Equipment to commence prior to the expiration of the fourteen days referred to in clause 8.1 above, the Client expressly waives their right to terminate without penalty referred to in clause 8.1.
8.3 Should the Client wish to cancel the Contract within 28 days prior to the Event date shown on the Booking Form, the Client must pay a full cancellation charge equalling the full value of the Hire Charge.
8.4 Should the Client wish to cancel the Contract in the period between the fourteen days referred to in clause 8.1 and the 28 days prior to the Set Up date shown on the Booking Form, the Client will not be liable to pay any further sums in addition to the Deposit already received by Tentario.
8.5 If Tentario has to cancel the Contract for any reason, then all monies paid by the Client will be returned to them without delay, except for exclusions outlined in clause 9.1.
9. EXCLUSION OF LIABILITY
9.1 Tentario will make every effort to complete the erection of the Equipment on or before the Set Up date shown on the Booking Form provided that the Client has complied with the undertakings set out above. If the Equipment is not erected on or before the Set Up date shown on the Booking Form the Client shall have the right to withdraw and Tentario shall return all monies paid. If the Equipment is not erected because of delays due to weather or other circumstances beyond its reasonable control Tentario shall not be liable to pay any compensation whatsoever to the Client.
9.2 Tentario will take all reasonable care to avoid damage to the Clients’ own equipment and property but cannot be responsible for any loss suffered by the Client in respect thereof other than as a result of the negligence of Tentario’s servants, agents or contractors.
9.3 Tentario shall take no responsibility for or be forced to indemnify by the Client, resulting from the failure to supply, breakdown, loss, theft or damage to ANY Third Party Equipment.
10. THIRD PARTY LIABILITY
Tentario will not be responsible for and the Client will indemnify Tentario against all claims for the injury to persons or loss or damage to property howsoever caused unless it is proved that such injury or damage was caused by faulty material or workmanship or negligence on the part of Tentario.
