1. Definitions
The Company is Merlin Associates. The Hirer is the person hiring the equipment from the Company. Period of Hire will commence from the time equipment is collected from the Company’s premises (collection only) or equipment and staff arrive at site and continues until dismantling and clearance from the site (delivery/erection option).
2. Acceptance
Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below and the hirer by authorising or allowing work to proceed is deemed to have acknowledged this.
3. Site
The hire charges are arranged on the assumption the ground is firm, level and flat, and that there is easy access for motor vehicles and staff, and no underground services are buried beneath the surface, i.e. drains, pipes, cables, as no responsibility for damage shall fall on the company. The hire charge does not include making good repairs to the site. Special rates may be payable if any of the above items are too adverse.
4. Alterations
The Company will use its best endeavours to supply the hirer with the equipment ordered but where this is not possible the company will notify the Hirer as soon as possible with any alterations to the design and specifications of the equipment and where alteration is fundamental the Hirer may terminate this contract and any deposit paid will be refunded.
5. Payments
Payments must be made in accordance with the terms stated on the Company's quotation. Should settlement not be made by the hire date then interest will be charged at 4 % per annum above the base rate of the Bank Of England. Normal payment terms are 50% deposit to secure booking, the balance is to be paid not less than 7 days prior to hire date.
6. Force Majeure
While every effort will be made by the Company to carry out any order accepted the full performance of it is subject to variation or cancellation by the Company consequent upon act of God, war, strikes, riots, lockouts or any other disturbances. Also, fire, flood, storm, gale or tempest, restrictions on the use of transport, fuel or power, requisitioning storage of material or transport or labour or any other cause beyond the control of the Company.
7. Contract
No verbal representations or arrangements are recognized by the Company. A booking may only be deemed valid once the Hirer is in receipt of a booking confirmation from the Company. The Company will provide a booking confirmation subject to availability and on receipt of a fully completed booking form with a deposit from the Hirer. Should the Company not have availability then the deposit will be returned to the Customer.
8. Cancellations
Should the Hirer wish to terminate the contract then the following compensation rates will be charged to the Hirer by the Company.
100% of the Hire price for notice less than 14 days prior to the Hire period.
75% of the Hire price for notice between 14 and 2 months prior to the Hire period.
50% of the Hire price for notice more than 2 months prior to the Hire period.
9. Liability
The Company will not be responsible for and the Hirer will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage has been caused by faulty material or workmanship or negligence on the part of the Company.
10. Responsibilities
The Hirer shall during the period of Hire be responsible for the maintenance and safe custody of the Company's equipment from completion of erection until dismantling.
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