1.1 In these Terms & Conditions the following terms shall have the following meanings:
Unless stated otherwise in writing all orders placed by the Customer are accepted subject to the Terms and Conditions of hire stated below and the Customer by placing the order and confirming the details set out in the Booking Form and paying the Deposit is deemed to have acknowledged this and such acts will constitute a binding contract between the parties (“Contract”)
3. THE SITE
3.1 Unless otherwise agreed in the Booking Form, the Hire Charge is based on the assumption that the Customer will:
3.2 The Hire Charge does not include making good any repairs to the Site unless caused by the negligence of MagnaKata’s servants, agents or contractors.
3.3 If, at the Set Up Date, the Site does not comply with the above conditions then MagnaKata marquee hire reserves the right to charge Additional Charges to cover the cost of any additional labour and materials that may be required in order to overcome any undisclosed and/or abnormal conditions effecting the installation and erection of the Equipment.
4.1 Payments must be made in accordance with the payment terms stated on the Booking Form.
4.2 All sums payable under the Contract unless otherwise stated are exclusive of VAT and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.
4.3 MagnaKata marquee hire reserves the right to charge interest on any late payments at the rate of 4% above the Bank of Ireland’s (sterling) base rate.
5. MAGNAKATA’S OBLIGATIONS:
5.1 Subject to the Customer’s compliance with its obligations under clauses 4 and 6, MagnaKata marquee hire undertakes:
6. CUSTOMER’S OBLIGATIONS:
6.1 The Customer undertakes:
In the absence of a suitable Site plan or Attendant then MagnaKata marquee hire shall be at liberty to erect the Equipment where it thinks fit on the reasonable assumption that no abnormal conditions attach to the Site and in such circumstances it shall be deemed to have discharged its obligations in full under clause 5 above. In the event of any damage caused to underground services in circumstances where the Customer has failed to disclose the presence of such services, no responsibility for damage shall fall to MagnaKata marquee hire.
6.2 The Customer shall not sell, transfer, sub-let, licence or otherwise hire out the Equipment for use to any third party without the express consent of MagnaKata marquee hire.
7.1 MagnaKata will use all reasonable endeavours to supply the Customer with the Equipment as specified in the Booking Form, but in the unlikely event that this is not possible then MagnaKata will notify the Customer of any variations to the Equipment as soon as possible. Where such variation results in a material (i.e. fundamental) change to the Equipment the Customer shall have the option of (i) either accepting the proposed variation (in which case the parties will consider whether it is reasonable for any adjustment to be made to the Hire Charge), or (ii) terminating the Contract and any Deposit paid will be refunded to the Customer in full.
7.2 If, following payment of the Deposit, the Customer wishes to vary the Equipment then MagnaKata shall use all reasonable endeavours (but shall be under no obligation) to meet any such variation request. MagnaKata marquee hire reserves the right to charge Additional Charges to cover the cost of any additional labour and materials that may be incurred to meet such a variation request. MagnaKata shall be under no obligation to reduce the Hire Charge where the Customer elects to reduce the Equipment ordered. Any decision to reduce the Hire Charge will be at the sole discretion of MagnaKata marquee hire.
7.3 If, at the Set Up Date, the Site does not comply with the Site conditions disclosed by the Customer and agreed in the Booking Form then MagnaKata marquee hire reserves the right to charge Additional Charges to cover the cost of any additional labour and materials that may be incurred to overcome any abnormal conditions effecting the installation and erection of the Equipment
8. LOSS OR DAMAGE TO EQUIPMENT
8.1 The Customer shall throughout the Period of Hire be responsible for the maintenance and safe custody of the Equipment.
8.2 The Customer should notify MagnaKata of any shortages, damages, incorrect deliveries or unacceptable condition of Equipment on the Set Up Date.
8.3 The Customer shall be responsible for and shall indemnify MagnaKata against any loss of or damage to Equipment howsoever caused during the Hire Period.
8.4 MagnaKata shall be entitled to charge Additional Charges for the cleaning, repair or refurbishment of any Equipment belonging to MagnaKata or hired by MagnaKata on behalf of the Customer if the Equipment at the end of the Hire Period is found to be in an inferior condition, fair wear and tear accepted, to the condition it was in at the commencement of the Hire Period.
9.1 Either party shall have the right to terminate the Contract without penalty within seven days from the date of payment of the Deposit. In the event of such termination by either party MagnaKata shall refund to the Customer all sums paid by the Customer to MagnaKata by way of Deposit or otherwise.
9.2 Once the seven days referred to in the preceding clause has passed should the Customer wish to terminate the Contract then the Customer will be liable to MagnaKata for a cancellation charge as follows:
9.3 Any Deposit paid by the Customer will be taken into account when calculating the cancellation charge.
10. EXCLUSION AND LIMITATION OF LIABILITY
10.1 MagnaKata will use all reasonable endeavours to complete the erection of the Equipment on or before the Set Up Date provided that the Customer has complied with the undertakings set out above. If the Equipment is not erected on or before the Set Up Date due to reasons of bad weather or other circumstances beyond its reasonable control MagnaKata shall not be liable to pay any compensation to the Customer.
10.2 If the Equipment is not erected on or before the Set Up Date for reasons other than for reasons of bad weather or other circumstances beyond its reasonable control the Customer shall have the right to terminate the Contract and MagnaKata shall return all monies paid.
10.3 MagnaKata will take all reasonable care to avoid damage to the Customers’ own property but cannot be responsible for any loss or damage suffered by the Customer in respect thereof other than as a result of the negligence of MagnaKata’s servants, agents or contractors.
10.4 Other than in respect of any liability for personal injury or death arising as a result of the negligence of MagnaKata’s servants, agents or contractors the Customer acknowledges that MagnaKata’s total liability under the Contract shall not exceed a sum equivalent to the Hire Charge.
10.5 In the event that extreme weather or storms are forecast during the Set Up Date or during the Hire Period MagnaKata reserves the right to decline to erect the Equipment or if the Equipment is already erected, to dismantle it, for reasons of safety. In such an event MagnaKata shall be under no obligation to reduce the Hire Charge and the Customer will still remain liable for the Hire Charge and any Additional Charges. Any decision to reduce the Hire Charge or any Additional Charges will be at the sole discretion of MagnaKata.
10.6 MagnaKata shall not be responsible for making good any repairs to the Site unless caused by the negligence of MagnaKata’s servants, agents or contractors
11. THIRD PARTY LIABILITY
11.1 MagnaKata will not be responsible for and the Customer will indemnify MagnaKata against all claims for the injury to persons or loss or damage to property on the Site howsoever caused unless it be proved that such injury, loss or damage was caused by the result of the negligence of MagnaKata’s servants, agents or contractors.
11.2 The Customer shall indemnify on demand and hold harmless MagnaKata from and against any and all claims, costs, proceedings, demands, losses (including consequential losses and loss of profit), damages, expenses or liabilities whatsoever (including without limitation (i) legal costs and expenses and VAT thereon, (ii) any fines or other financial sanctions imposed on the MagnaKata as a result of any breach by the Customer of its obligations under clause 6 herein.
12.1 Unless stated otherwise in the Booking Form all Equipment shall be treated as the property of MagnaKata and no title to or right of possession, lien or otherwise in relation to the Equipment is granted or assigned to the Customer under these Terms and Conditions.
12.2 For the purposes of the Data Protection Act 1998, as amended, the Customer agrees and gives consent to the holding and processing of personal data relating to the Customer in any form, (whether obtained or held in writing, electronically or otherwise) by MagnaKata for the purpose of fulfilling its obligations under the Contract.
12.3 The Customer may not assign its rights under the Contract without the consent in writing of MagnaKata.
12.4 These Terms and Conditions shall be subject to the laws and jurisdiction of Northern Ireland