Over The Moon Hire: Terms & Conditions


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DEFINITIONS THE COMPANY' is Over The Moon Events and / or their subcontractors or agents.

'THE CLIENT' is the person hiring the equipment from the Company.

'THE PERIOD OF HIRE' The period of Hire is understood to mean the period of which any equipment is required to be ready and available for use.

'EQUIPMENT' is the tent(s),decor, sound & light equipment and other materials specified on the booking form and nothing else.

'HIRE CHARGE' is the amount payable by the CLIENT to the Company as specified on the Booking Form'.

'SERVICES'refer to the provision of DJ's, lighting engineers and event management services.

'BOOKING FORM' is the form issued by the Company to the CLIENT containing details of the Equipment, Services, Period of Hire and Hire Charge'.

1. 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.

2. SITE

(a) The Hire charges are based on the assumption that the site is a flat level firm ground with easy access for motor transport, and that no drains, cables or other services are buried beneath the surface or otherwise concealed. The Hire charges do not include any making good or repairing of damage to the site.
(b) The CLIENT is required to provide the contractor with either a plan showing the position in which the tents or equipment are to be erected or should have a representative on the site for that purpose. In the absence of both then the contractor having erected the tents or equipment where he thinks fit shall be deemed to have completed the contract.
(c) The CLIENT should never presume that any of Company's equipment will be attached or joined to any buildings within the site unless stated in the Company's booking forms. Likewise the CLIENT should never presume that any other equipment is included in the Hire other than what is stated in the Company's booking forms.
(d) The CLIENT will ensure that access is available to the site at the agreed time and date stated on the booking form to allow erection and dismantling.

3. HIRE CHARGES

The charges published in any of the Company's printed matter are for the guidance of the CLIENTs in estimating costs only and do not constitute an offer.

4. VARIATIONS

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 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.

5. PAYMENT

Payments must be made in accordance with the terms stated in the Company's quotation. Should settlement not be made by the Hire date then interest will be charged at 4 % per annum above the base rate of the National Westminster Bank Plc.

6. LOSS OR DAMAGE

(a) The CLIENT shall during the period of Hire be responsible for the maintenance and safe custody of the Company's equipment from completion of erection until dismantling.
(b) The CLIENT must be satisfied with the equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable equipment before use.
C) The client shall indemnify the Company against the first £500 of any loss damage or excessive soiling howsoever caused and shall indemnify the Company against the full value of any loss damage or excessive soiling caused by the Client's guests or visitors or by the Client's negligence legal liability or failure to comply with these terms and conditions.

7. INSURANCE

The insurance provided by the Company covers the equipment against: Theft, Vandalism, Fire and explosion, Storm and tempest.

8. EXCLUSIONS FROM INSURANCE

(a) Furniture
(b) Insurance excess - The insurance cover excludes the first £250 of any claim and this is payable by the CLIENT.
(c) Cover only applies to equipment that is delivered by the Company and does no include any equipment provided by a sub-contractor, unless invoiced by the company.
(d) Disappearance, Unexplained or inventory shortage
(e) Consequential Loss
(f) Acts of fraud or dishonesty by any party to whom the property insured has been entrusted or hired.
(g) Any breach of the Company terms and conditions as herein stated will negate the insurance policy
(h) Failure to report the loss or damage arising from fire, theft or vandalism to the police immediately upon discovery and to the Company within 24 hours.

9. THE CLIENTS RESPONSIBILITY

(a) The CLIENT should not enter the equipment while the Company is erecting.
(b) The CLIENT should keep any part of the equipment that is a framed structure or a tent completely closed and secure while not in use during the period of Hire.
(c) The CLIENT should not tamper with the structure or any part of the equipment and in particular not affix or suspend from the equipment any item whatsoever without written consent of the Company.
(d) The CLIENT should not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous consent in writing of the Company.
(e) The CLIENT is responsible for giving notice to or obtaining permits from any authorities who are or may be concerned and must take application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organization. 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 the Company by the CLIENT. Where appropriate obtain a licence from the Local Authority. Any requirements under the licence must be notified to us in writing, at least 28 days prior to erection. Should the Company for any reason be unable to comply with these requirements, then the Contract will become void and the customer advised accordingly.
(f) The CLIENT will allow suitable time for the installation and dismantling, and removal of equipment (minimum of one hour). The client also ensures that safe and adequate power is available. The artiste ensures that any equipment that requires connection to a power source is electrically safe and conforms to the HSE EAW Act 1989, and any amendments thereafter.
(g) The CLIENT will provide adequate supervision of its guests, including children, at the venue, and will be liable for any loss of or damage to the equipment or personnel belongings, caused by guests attending the function.
(h) DJ's and lighting engineers are to perform in a safe, non-abusive environment. Any mistreatment or abuse of the artiste or anyone accompanying the artiste, in any way will result in the immediate discontinuing of services.

(I) The CLIENT should not use any bubble machine, bubble products or other detergent utilising products in close proximity to the tent canvas.
(j) The CLIENT will ensure that there is no smoking in any of the tents.
(k) The CLIENT will ensure that he/she, or a nominated representative, is on-site to sign-off the completion of the erection of the tent.

10. LIABILITY TO THIRD PARTIES

The Company will not be responsible for and the CLIENT will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage caused by faulty material or workmanship or negligence on the part of the Company.

11. ERECTION AND DISMANTLING

The Company normally provides labour for the erection and dismantling and the cost thereof is included in the Hire charges. Only in exceptional circumstances and by special arrangement will the Company allow the CLIENT to erect and/or dismantle the Company's property.

12. DJ & LIGHTING ENGINEER HIRE

The DJ, Lighting Engineer and their assistants will conduct themselves in a proper manner throughout their attendance at the venue, and will respond to the clients requests as to volume, situating of equipment and, or any other reasonable requests. Over the Moon crew are to perform in a safe, non-abusive environment. Any mistreatment or abuse of the crew or anyone accompanying the crew, in any way will result in the immediate discontinuing of services. The services included in disco entertainment consist of music selection from the Over the Moon's music library, and providing suitable equipment to play the selected music. Over the Moon DJ's will make every effort to play all requests but cannot be held responsible if specific selections are not available. The selection of equipment to be used at the event is left to the discretion of Over the Moon, and is based upon the size and conditions of the event location/type of event.

13. ATTENDANCE

a) The tent Hire charges do not include attendance by the Company's crew except during the actual processes of erecting and dismantling the tentage.
b) The company reserves the right to attend the client's event to ensure the tent(s) and other company equipment is treated with care, and that the tents are properly secured against the elements when the last guest leaves.

14. FORCE MAJEURE

While every effort will be made by the Company to carry out any order accepted the full performance of it is subject to variation or cancellation by the Company consequent upon Act of God, War, Strikes, Riots, Lockouts or any other disturbances. Fire, Flood, Storm, Gale or Tempest restrictions on the use of Transport, Fuel or Power. Requisitioning Storage of material or transport or labour or any other cause beyond the control of the Company.

The company deems winds in excess of Force 4 of the Beaufort Scale (21mph) to be a high risk to employees and equipment and will not erect tents until the wind speed drops below said Force.

15. CONTRACT

No verbal representations or arrangements are recognized by the Company. A booking may only be deemed valid once the CLIENT is in receipt of a booking confirmation from the Company. The Company will provide a booking confirmation subject to availability and on receipt of a fully completed booking form with a deposit from the CLIENT. Should the Company not have availability then the deposit will be returned to the Customer.

16. CANCELLATION

a) Either party should have the right to terminate this Contract without penalty within seven days from the date hereof subject 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 the Company shall refund to the Client all sums paid by the Client to the company by way of deposit or otherwise.
b) Should the CLIENT wish to terminate the contract then the following compensation rates will be charged to the CLIENT by the Company. 100% of the Hire price for notice less than 7 days prior to the Hire period. 50% of the Hire price for notice between 7 and 28 days prior to the Hire period. 25% of the Hire price for notice more than 28 days prior to the Hire period.

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