Application of Conditions These conditions apply to the hire of any item including Domes and any other piece of equipment by us, Aura Dome UK, trading as Peachy Productions (London) Ltd, to you the customer. In these conditions the word “equipment” includes any item hired by us to you.
Alterations of Conditions The terms of these conditions can only be altered with our written agreement. No condition contained in any Order Form or other communication by you which is inconsistent with any of these conditions will be deemed to have been accepted by us unless we have agreed to your condition in writing.
Acceptance of Quotation No binding contract will exist until you have accepted our quotation in writing and we have issued you with a written acknowledgement of your acceptance. Quotations remain open for seven days from the date stated on them. All acceptances received after expiry of the seven-day period will not be binding unless the equipment remains available for the hire period. In any event that the equipment is no longer available for hire we shall advise you immediately.
Basis of Quotation All quotations are made subject to the following understandings:
- Hire charges do not include attendance by our employees for any purpose other than erecting and dismantling Domes;
- Hire charge quotes for tables, chairs and any equipment other than Domes cover delivery to the site only and do not include erecting, dismantling or placing;
- Period of hire means the period for which the equipment is required to be ready for use;
- The size and surface of the site are suitable for the 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 Domes may be driven up to one metre into the ground. You should note that you are responsible for repairing and making good any damage caused to the site by erecting or dismantling the equipment;
- You will be liable for any additional costs or charges of Peachy Productions Limited in the event that extra work or equipment outwith the terms of a quotation is required or the equipment is required or used for any period outwith the period of hire. This will include dismantling work being delayed due to sub-contractors or clients not having removed additional equipment installed by them.
Payment
- We reserve the right to charge a deposit, the amount and time frame of which will be stated in the quotation and must be met accordingly;
- The balance of any hire charge shall be payable as laid out in our agreement;
- If payment is not made on the due date you shall be liable to pay the interest on any amount outstanding at a rate of Five per cent per month. Cancellation In the event the contract is cancelled for any reason (other than material breach By Peachy Productions Ltd) then any deposit which you have paid shall be forfeited. In addition you will be liable to pay the following percentage of the hire charge quoted dependant on the period of notice given prior to the date of commencement of hire.
There shall be deducted from the percentage payable the amount of any deposit forfeited but under no circumstances shall the payment be less than the deposit if that is greater.
Period of Notice Percentage of Hire Charges Payable
- More than 60 days 25%
- 31 - 60 days 50%
- 14 - 30 days 75%
- Less than 14 days 100%
Delay We shall not be liable for delay or failure to complete any contract as a result of:
- 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.
Non-availability of Equipment If for reasons beyond our control any items of equipment booked are not available for the period of hire we reserve the right to substitute an alternative Some 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 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.
Delivery to Site
- You must have the site available and in a suitable condition for the erection of the equipment at the time stated for delivery;
- You should be available personally or have a representative at the site at the time of delivery to check the equipment delivered and sign the appropriate Delivery Note;
- If you are not present and do not have a representative at the site at the time of delivery:
(a) You will be deemed to have accepted delivery of the items specified in the Delivery Note;
(b) We will erect the Domes(s) in such a manner and location as we consider appropriate provided that we shall follow in so far a possible any plan supplied by you in advance.
- If you require us to move any Dome already erected for any reason, which is not our fault, you will be liable for an additional charge.
Ownership All equipment hired remains at all times our sole property. 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.
Care of Equipment
- You are responsible for the safe custody of all equipment while on site. Accordingly, you must make good to us any loss or damage caused to any equipment by any cause but you will not be liable for:
(a) Fair wear and tear to the equipment
(b) Any loss or damage caused by faulty equipment
- We can arrange insurance against the risk of loss or damage. The Damage Waiver is usually 5% of the total hire charges and the policy is subject to an excess of £500. It covers only Domes and not other items of equipment such as furniture or heaters. Full details of the insurance cover are available on request. As you are liable for any loss or damage, we strongly recommend that you insure the equipment;
- You must ensure that all equipment is adequately heated when necessary so as to protect the equipment from frost, snow or ice damage and you must ensure that the collection of building up snow on any equipment is not allowed;
- Given the risk of damage to a Dome in windy conditions you must take all reasonable steps to ensure that all openings are firmly closed when not in use and are open only for the purposes of entering and leaving the Dome;
- You will not attach anything to, or suspend anything from, the structure of any Dome without first obtaining, from us, written details of loading tolerances of that Dome and then you will be responsible for ensuring such loading tolerances are not exceeded. You indemnify us against any loss suffered by us as a result of your failure to comply with this clause.
Limitation of Liability In the event that we fail to fulfil any terms of the hire contract our liability is limited to refund or cancellation of any hire charges and under no circumstances shall we be liable to you for any indirect special or consequential loss of damage (whether for loss of profit or otherwise) cost expenses or other claim for compensation whatsoever whether caused by the negligence of ourselves, our employees or agents 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 hire contract shall not exceed the amount of the hire charges. This condition shall not apply to death or personal injury caused by our negligence or to losses arising out of fraudulent misrepresentation by us. Peachy Productions
Limited shall not be responsible for the damage or loss of any items left in an unsecured Dome.
Insolvency of Customer, etc. If you become insolvent or are made bankrupt or come to any arrangement or scheme with your creditors, or, if you are a company, you have a liquidator, receiver or administrator appointed or if you breach any of these conditions then we may cancel the hire contract immediately and remove any equipment delivered.
Applicable Law The Hire Contract and Conditions shall be construed according to the Law of England, provided however that if your address as stated in our quotation is in Scotland then the law of Scotland shall apply.