TERMS AND CONDITIONS 

"Company" means The Theming Company Ltd 

"Period of Hire" means the period from the Delivery Date until the Equipment has been removed from the Site. 

"Quotation" means the quotation sent by the Company to the Client. 

All orders for goods shall be deemed to be an offer by the Client to hire goods in accordance with these conditions, the Made Up Textiles Association’s Code of Practice and the Quotation. These conditions shall apply to all orders and contracts for the supply of Equipment by the Company or its authorised agents. Any qualifications or variations to these conditions should be put in writing. 

The Company Undertakes 

1. To deliver the equipment on the delivery date clean and in a fit state for use on or before the commencement of the “Use Period”. The use period being 24 hours unless stated on the invoice. 

2. To remove the Equipment from the Site as agreed with the client. 

3. To provide risk assessments and / or proof of insurance as requested by the Client. 

The Client Undertakes 

1. To pay the Deposit (50% of the quote) and to pay the balance by no later than the day of the function or invoice due date. 

2. To pay an additional 5% of the unpaid outstanding balance immediately after the date of the function or invoice due date. 

3. To pay 5% interest on all monies outstanding every 14 day period thereafter the due date of payment until the balance is paid in full. 

4. When erecting the dome cover stage the Client agrees to provide company with an accurate plan of the Site showing all relevant services including: underground services and any apparent obstacles which may affect the erection of the equipment and the position on the site in which the equipment is to be erected. The Client and NOT the Company will be responsible for any damage to underground cables or pipes. A constant power supply to the blowers is the responsibility of the Client. Any damages caused to equipment due to power failure is the responsibility of the Client and NOT the Company. The advice from the Company is to use a constant power supply and not a generator for powering the blowers. 

5. To give notice to or obtain any necessary permits from local authorities, Health and Safety officers and/or the Site owners prior to booking the Companies services. 

6. If any part of the equipment includes electrical apparatus to provide such power points or supply as may be reasonably required by the Company within 15 metres of the Equipment. 

7. Not to tamper or interfere with the equipment provided by the Company whilst it is on site unless agreed previously with the Company. 

8. Not to remove any equipment provided by the Company from site. 

9. The Client shall be responsible for and indemnify the Company against any loss of or damage to all hired equipment whatsoever the cause for the hire period whilst the equipment is on site. The Client will also be responsible for the security of all equipment whilst on site. Any loss of revenue due to damaged equipment by the Client (confirmed booking that will now have to be cancelled) will be payable in full on proof of a confirmed invoice. The Company reserves the right to charge £25 an hour for time taken in order to arrange reimbursement of such loss or damages to equipment. 

10. To allow the Company all reasonable access to the site in a timely manner. Any delays caused by lengthy security checks (10 minute delays is acceptable) at Guard Rooms and security check areas will be charged to the Client at a rate of £25 per worker per hour. Part hours are payable. Should a delay in excess of 60 minutes take place the Company reserves the right to move onto its next job if deemed necessary by the Company. Full payment will still be liable by the Client. 

11. It is the Clients responsibility to ensure all staff / guests / other contractors are kept clear or the areas and equipment being erected and worked on or in by Company staff.  Where the venue deems it necessary for warning signs to be displayed it is the Clients responsibility to provide this. 

Variations 

1. 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 of any alterations to the equipment and where the alteration is fundamental, the Client may terminate this contract and any Deposit paid will be refunded. 

2. The price is based on the assumption that the Client provides an area suitable for the equipment to be provided by the Company. Access to the site must be adequate for use. The site must be free from flooding, trees and overhead obstruction. If this is not the case or if the Client wishes the Company to erect the equipment in a different position on the Site to the one indicated by the Client to the Company at the time of the Quotation and in either event the costs to the Company are subsequently increased by reason of increase in labour costs or any other factor the Company may increase the price as deemed reasonable by the Company. 

Understandings 

1. Once a deposit or written confirmation (invoice, hard copy, email or text message) of a booking is received the terms and conditions are deemed as excepted.

2. The Company will reserve all agreed items for the Client for the 24 hour period of the confirmed function date.

3. The Price does not include making good any repairs to the Site unless caused by the negligence of the Company's servants, agents or contractors. 

Cancellation 

1. Either party shall have the right to terminate this Contract without penalty within 3 days from the date of written confirmation received by invoice, hard copy, email or text message 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. 

2. Once the period of 3 days referred to in the preceding clause has passed should either party cancel the Contract compensation will be paid of 50% of the price save that if it is cancelled within 28 days prior to the Period of Hire the compensation will be the Price in full. 

Exclusion of Liability 

1. The Company will make every effort to complete the erection of the equipment on or before the commencement of the Use Period, provided that the Client has complied with the undertakings set out above. If the Equipment is not erected before the commencement of the Use Period the Client shall have the right to withdraw and the Company shall return all monies paid. If the equipment is not erected / in place because of delays due to weather or other circumstances beyond its reasonable control The Theming Company will offer an alternative solution where possible i.e move from outside to an inside venue.  Should this not be acceptable by the Client all monies outstanding by the Client must still be paid in full. The Company will also not be required to return any money paid. Should equipment be required to be taken down due to circumstances beyond it's reasonable control such as weather no monies will be returned by the Company and payment will still be required to be paid by the Client in full.  The Theming Company reserves the right to make a good will gesture in such circumstances.

2. The Company will take all reasonable care to avoid any damage to the Clients' own equipment but cannot be responsible for any loss suffered by the Client in respect thereof other than as a result of the negligence of the Company's servants, agents or contractors.