TRU3 EVENTS TERMS AND CONDITIONS FOR BOOKINGS & HIRE
The following terms and conditions constitute an agreement between you (the Bailee) and Tru3 Events (the Bailor). Unless otherwise agreed in writing by the Bailor, the following terms and conditions are standard contractual obligations for all transactional bailments.
This bailment binds the Bailor and the Bailee to enter into a contract for the temporary use of goods/equipment. The word ‘goods/equipment’ refers to items hired by the Bailee from the Bailor i.e Marquee(s), lighting, carpet(s), heating, stage, decor, PA system, etc. This may also include cross-hired items.
The terms of this bailment are mandatory and subject to change at the Bailors’ discretion.
- COMENCEMENT OF CONTRACT
All orders are accepted subject to: period of hire, services required, date/time of delivery and collection, fees and charges. The bailee is deemed to have agreed, acknowledged and accepted the contract by way of making a deposit payment.
- SERVICES AND DELIVERY
1. The Services are as described on the invoice/quotation;
2. Any variation to the Services must be agreed by the Bailor in writing;
3. The Services shall commence on the start date specified on the invoice/quotation and shall continue until the finish date specified on the invoice/quotation or unless terminated by either party;
4. The commencement of the Services is dependent on the Bailor having adequate materials and labor available at the anticipated start date and the Bailee giving the Bailor reasonable notice of intentions to form legal relations;
5. The Services shall be carried out at the agreed location/site; and
6. The Bailor reserves the right to make any changes to the bailment as required – subject to any reasonable adaptations to Health and Safety.
- FEES, CHARGES & DEPOSIT
1. The charges for rental shall be at the current prescribed rate of commencement or an agreed rate between the Bailor and Bailee.
2. A Minimum Deposit of £300 shall be payable by the Bailee to the Bailor in advance and will be held as security.
3. Upon execution of the contract, the deposit shall be refunded back to the Bailee in full – subject to 4 (a-c)– in which the deposit will suffice accordingly.
4. The deposit will not be refundable in the following circumstances:
a. Damaged Equipment
b. Lost/Stolen or Missing Equipment
c. If the Bailor or its agent is unable to access the property/location to collect the equipment from the Bailee at the agreed time without a reasonable excuse.
5. The Equipment must be returned in a clean condition at the end of the services unless the Bailee has requested cleaning services as specified in the invoice. If such an arrangement has not previously been agreed prior to the commencement of the services a penalty charge of £45 will be payable by the Bailee if the equipment is returned in an unacceptable condition.
6. A clearance/dismantle charge of £30 will be applied to the hire if the operatives are required to carry out any addition work in order to return the equipment to the condition it was provided at the start of the hire.
7. The Bailee is liable to pay any additional charges that may apply if replacement of any equipment is required.
8. The Bailee is responsible for reimbursement of any damaged, lost or stolen equipment once the bailment has commenced;
9. The Bailee authorizes Tru3 Events to charge their credit/debit card on file for any cancellations fees, damages or hire extensions;
10. The Bailee must settle all payments for Equipment & Services 3 days prior to the commencement of contract; and
11. The Bailee will pay interest on all late payments at a rate of 8% per annum above the base lending rate of Barclays Bank PLC.
12. The Bailor is entitled to recover all reasonable expenses incurred in obtaining payment from the Bailee where there are outstanding sums;
13. The Bailor is entitled to vary the price – subject to:
a. any additional Services requested by the Bailee which were not included in the original Quotation;
b. any additional work required to complete the Services which was not anticipated at the time of the Quotation;
c. any reasonable increase in transport costs, materials or equipment required by the Bailor to provide the Services; and any variation must be conveyed to the Bailee in writing by the Bailor.
- COMMENCEMENT AND TERMINATION OF HIRE
1. The bailment commences at the time the equipment is delivered by the Bailor and continues until the agreed time of collection. It is the Bailees’ responsibility to inform the Bailor of intentions to either terminate or extend the hire as soon as practicable.
2. If the Bailee fails to make equipment available for the Bailor’s transport or appointed agent at the agreed time of termination of the hire, then Bailee will continue to be charged daily until the equipment is collected by the Bailor.
- LOSS OR DAMAGE
1. The Bailee shall, during the period of Hire be responsible for the maintenance and safety of the Company’s equipment from delivery to collection.
2. The Bailee must be satisfied with the equipment before use and should notify the Bailor of any miscounts, incorrect deliveries or unacceptable equipment before use.
3. The Bailee agrees to pay for any damage to equipment & furniture whilst in their custody by a means of deduction from their deposit.
4. The Bailee is responsible for the disposal of any damaged equipment & carpet
In the event that you cancel your booking, any deposit that you have paid shall be forfeit. In addition, you will be liable to pay the following percentage of the hire charge quoted dependent on the period of notice given – prior to commencement of the hire:
1. 4 weeks before delivery/service – 100%
2. 6 weeks before delivery/service – 50%
3. 8 weeks before delivery/service – 25%
4. The booking may be cancelled by the Bailor if the equipment does not fit or if it is not suitable for the venue.
5. The booking will be cancelled if we have no access to the site or the Bailee or its representative is not available, the operatives will wait a maximum of 20 minutes before cancelling the booking. In both of the above situations the Bailee is responsible for 100% of the bailment charge.
- DELIVERY AND COLLECTION
The equipment shall be delivered and collected at such time and place as mutually agreed between the Bailor and the Bailee. The Bailor shall do its best – within capacity – to comply with any delivery schedules but will accept no liability for non-delivery for reasons beyond our control:
1. the site being unsuitable or access being unavailable on the date stated for delivery
2. adverse wind or weather conditions
3. loss or damage to equipment by fire or flood
4. any industrial dispute, lock-out or strike
5. any unavertable circumstance
All equipment hired is the sole property of Tru3 Events. You may not sub-hire or part with possession of the equipment and you may not allow any lien or encumbrance to be created over the equipment
It is the Bailee’s responsibility to make sure that all people who use the equipment are properly instructed for the safe and correct use. The Bailee shall ensure that the equipment is not misused, and that supervision is at all times adequate
- LIMITATION OF LIABILITY
In the event that we fail to fulfil any terms of the contract our liability is limited to refund or cancellation of any hire charges. Under no circumstances shall we be liable to you for any indirect, special or consequential loss or damage (whether for loss or profit or otherwise) cost expenses or other claim for compensation whatsoever whether caused by the negligence of ourselves or, vicariously or otherwise which arise out of or in connection with the hire of the equipment and our entire liability under and in connection with the contract shall not exceed the prescribed amount. This condition shall not apply to death or personal injury caused by our negligence.
- DELIVERY TO SITE
You must have the site accessible and in a suitable condition for the erection of the equipment at the time stated for delivery. You should either be available personally or have a representative available to check equipment delivered and sign the appropriate Delivery Note. If you are not present or do not have a representative at the site at the time of delivery:
1. you will be deemed to have accepted delivery of the items specified in the Delivery Note
2. we will deliver and install the equipment as required at the said and agreed location – in such manner the Bailor sees fit.
If you require us to move any equipment already set up for any reason which is not our fault, you will be liable for an additional charge.
- NON-AVAILABILITY OF EQUIPMENT
If for any reason, beyond our control, any item booked is not available for the period of hire, we reserve the right to substitute an alternative size 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 whereby any deposit or other monies paid by you will be refunded immediately, but otherwise no claim shall lie against us.
- GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and wales and the parties hereby submit to the non-exclusive jurisdiction of the English legal system.
(correct 01/10/2019 00:01)