Terms and Conditions

Pink Penguin Event Hire, their subsidiaries, sub contractors, agents and or representatives are referred to in these Standard Terms and Conditions as the ‘Owner’. The ‘Hirer’ is the person, representative, company, firm or the like hiring the Owners Equipment. The ‘Site’ is the general location in or on which the Owner provides the Equipment to the Hirer. The ‘Equipment’ is any item or service supplied by The Owner to the Hirer.
 
1. These Terms and Conditions apply to all contracts entered into by the Owner and shall not be excluded by any other Terms and Conditions whatsoever.
 
2. A Quotation given in writing will be binding by the Owner. The written Quotation will remain open for a period of 10 days from the date on the Quotation unless shown differently. Any confirmation from the Hirer received after a period of twenty-eight days may be subject to price alteration.
 
3. A Quotation is accepted by the Owner either in writing or verbally from the Hirer. If equipment and the date are available at the time of the Hirer’s booking, the Owner will issue a Confirmation of Booking along with a Deposit Invoice if applicable. Only on return of a signed Confirmation of Booking and the deposit payment, if applicable, will the booking become secured. These Standard Terms and Conditions are deemed to have been read and accepted by the Hirer on signing of the Quotation/Confirmation of Booking/Contract.
 
4. The Booking will be confirmed by the Owner in writing on receipt of the Deposit payment (20% of hire cost as detailed in final quotation). The remaining balance (80% of hire charge) must be cleared 1 day prior to the set up date specified in the Confirmation of Booking.
 
5. Alterations and amendments to the Quotation/Confirmation of Booking/Contract are accepted without charge for a period up to 7 days prior to the event.
 
6. The Site is to be suitable for the intended use and must have ease of access for vehicles. Unless stated, a Quotation will not allow for restricted access or delivery to any other than the ground floor or adjacent to the position of the marquee. It is the responsibility of the Hirer to inform the Owner prior to delivery, if any requirements of this clause cannot be met.
 
7. It is the responsibility of the Hirer to make all arrangements for ease of access. The Owner will make all attempt not to damage the surface of the Site and will accept no responsibility whatsoever for any damage caused to the Site except in the form of negligence by the Owner.
 
8. Ground stakes may be driven up to 0.5m (metres) into the ground, before delivery the Hirer must provide the Owner with written confirmation that there are no underground services on the site where the marquee is to be erected, or with an accurate plan showing the location of any underground services. If the Hirer does not own the site, then it is their responsibility to obtain this written confirmation from the site owner. If there is any doubt as to where services are then the Owner will need to undertake a CAT scan, at the Hirers expense, in order to minimise the risk of Injury from underground services. As CAT scans are not guaranteed to locate all services, the Owner shall not be liable for any damage caused to any undetected Underground Services.
 
9. Any loss or damage arising from the Hirer failing to comply with 6, 7 & 8 above will be the entire responsibility of the Hirer and the Hirer is responsible for repairing and making good any damage caused to the underground apparatus and the Site.
 
10. It is the responsibility of the Hirer to be present to accept delivery of the Equipment. If the Hirer is unable to accept delivery they must appoint a suitable person to do so.
 
11. The Hirer is to be satisfied with the Equipment prior to the Owner leaving the Site. Any query or complaint must be made immediately to the Owner and followed in writing within 3 days.
 
12. If the Owner is required to return to site to alter or amend any Equipment previously accepted, the Owner reserves the right to make a charge for this service.
 
13. The Owner reserves the right to vary the charges shown on the Quotation/Confirmation of Booking and/or Contract for waiting time, restricted or obstructed access, delivery to other than the ground floor, increase in charges for labour, equipment, material or transport costs before or during the hire which for whatever reason was beyond the control of the Owner.
 
14. The Hirer will not attach to or suspend anything from the Owners equipment, including additional equipment without first providing to the Owner, full details including the weight loading. The Owner will then, and only if satisfied, provide written permission. The Hirer will fully indemnify the Owner against all claims for loss, damage or injury associated with or arising from anything added additionally to the Equipment supplied by the Owner and included in the Quotation/Confirmation of Booking/Contract, even if, written permission has been given.
 
15. The Hirer will indemnify the Owner against all claims for injury to any person whosoever and howsoever caused, unless it can be proven that the Owner was negligent or in breach of any Statute or Common Law.
 
16. The Hirer shall be responsible for and indemnify the company against any loss of or damage to all hired equipment whatsoever the cause.
 
17. The Hirer will remain responsible for any loss, and for any loss or damage resulting from their negligence or legal liability.
 
18. Substitute items will not be accepted as replacement. Any equipment not returned to the Owner will be charged for at the new replacement cost.
 
19. The provision of electrical equipment such as lighting and heating includes for a connection to a supply of power only where stated. Any electrical work associated with connecting electrical equipment to a power supply that is not allowed for in the Quotation/Confirmation of Booking and/or Contract is not included and will be charged for if provided.
 
20. Delivery and collection are included in the price unless stated.
 
21. When Equipment is to be collected and returned by the Hirer, it is to be done so on the dates shown on the Contract. The Owner will charge for Equipment not collected or returned on the due dates.
 
22. It is brought to particular attention of the Hirer that Equipment must be left safe and secure at all times whilst on hire. This will include for a marquee to remain heated at times during cold weather and all openings closed whilst not in use. The Hirer must make every attempt to reduce any loss by securing all equipment, which may be stolen. If applicable, the Owner will provide further advice before leaving the Site.
 
23. Should the Owner fail to meet the obligations contained in the Contract then the total liability of the Owner will be limited to a maximum amount being the hire charge shown on the Contract.
 
24. The Owner reserves the right to vary Equipment should the need arise and will accept no claim for compensation.
 
25. The Owner will not be responsible for delay or failure to complete any work as a result of the site being unsuitable or unavailable on the day stated for delivery or erection, adverse wind or weather conditions on the day or during days prior, loss or damage to the Equipment by fire or flood or grass sites not having been cut.
 
26. The Hirer is responsible to make payment strictly in accordance with the payment terms shown on the Contract.
 
27. The Hirer reserves the right to charge interest at 4% above the current rate set by the Co-Operative Bank per month on any amount outstanding.
 
28. The Equipment remains at all times the sole property of the Owner and the Hirer will not sub-hire or part with possession of the Equipment or allow any lien or encumbrance to be created over it.
 
29. Should the Hirer cancel a Contract prior to commencement of the hire then the deposit payment is forfeited. In addition, cancellation with less than 7 days before the commencement of the period of the hire will incur 100% of the total charge
 
30. The deposit payment will be deducted from any payment due from the Hirer but under no circumstances shall the cancellation payment be less than the amount of the deposit payment.
 
31. The Owner will accept no responsibility or liability for non fulfilment of the Contract due to war, civil commotion, riot, adverse weather conditions, force majeure, fire, breakages, government controls, priority regulations, scarcity of materials or equipment, labour problems, transport difficulties, acts of God or any other situation which may from time to time arise and is beyond the control of the Owner.
 
32. Please be advised that if the marquee is to be joined directly onto a building, fixings might need to be installed to enable this. When joining a marquee to a building, we are unable to guarantee that the joint will be totally waterproof. Whilst every attempt will be made to do so, the Owner will not accept any claim for loss of use or damage in this respect.

33. A marquee is a temporary structure with little in the way of insulation. There may therefore be times when condensation results. The Owner will not accept any Claim for loss of use or damage in this respect.

34. The owner will accept no responsibility for any loss or damage to any equipment provided on a sub rental basis from a third party provider. Any charges incurred as a result of loss or damage will be passed onto the hirer in full.