Gazebo hire terms and conditions

These terms and conditions form an integral part of the hire contract with Chorley Borough Council.

Definitions

The "Hirer" is the name and address which appears at the bottom of these terms and conditions. The Hirer must be at least 18 years old. The Hirer accepts full legal liability for all the equipment listed irrespective of whether the equipment is for the Hirer's personal use, or that of another member of his/her party booking. The hire period is the date from which the equipment is collected/received by the Hirer from the Council or its agents, until the date that the Hirer is due to return the equipment.

Conditions of Hire

1. The period of Hire shall commence from when the Council's delivery vehicle(s) arrive on site with part or all of the equipment hired. The Council will erect the equipment on site. The Hire period shall continue until all the equipment is removed from site by ourselves or subcontractors.

2. The Hirer or his/her agent will sign a receipt for the equipment upon delivery by the Council. By signing the Hirer or his/her agent acknowledges that they have inspected the equipment and confirms that that it is the equipment required and that it is in satisfactory working order and condition.

3. Replacement Costs: The Hirer accepts full personal liability for the equipment from the time he/she receives it from a member of the Council's staff, until it is returned to the Council at the end of the hire period. The Council reserves the right to charge the Hirer the full replacement cost of such equipment in the event that it becomes damaged, lost or stolen during the period of hire, or until it has been returned to the Council. The replacement costs are as follows:

Gazebos:

i) Frame £750

ii) Canopy £400

iii) Side £60

iv) Weight £30

v) Gutter £25

4. All equipment is provided ready to use and must be returned in the same condition. Any queries regarding shortages or damages must be advised on the day of receipt. Equipment returned unclean or marked will be subject to a subsequent cleaning charge.#

5. The Hirer should not enter the structures whilst assembly is taking place unless given permission by the Council or representatives of the Council to do so.

6. Multiple day hire will only be considered if the Hirer's site has security. There will be additional costs for erecting and dismantling the equipment each day if required.

7. It is the decision of the Council whether it is safe for the equipment to be assembled in cases of high winds, or adverse weather, and if once erected, the hirer cancels the event early the equipment must remain attended until such time as we arrive to collect. If weather conditions are variable it is the Hirer's responsibility to make an assessment of conditions throughout the hire period and take any necessary precautions (such as adding / re-securing weights, removing sides, lowering completely or calling the council to arrange early collection - subject to resource availability).

8. The Hirer shall not use any electrical, gas or powered equipment of any kind inside of or in close proximity to the structures without prior written permission of the Council or by prior arrangement.

9. You shall not tamper or modify with any of the equipment provided and agree not to affix, suspend or place upon the structures/equipment any item whatsoever (including additional side sheets) without prior written permission of the Council or by prior arrangement.

10. Amendments: The Council will allow the Hirer to change the details after the Hirer has completed their booking subject to the equipment still being available. The Council will not accept any changes 7 days prior to date of commencement. All amendments must be in writing and sent by post, fax, or email to the Council.

11. Cancellations: The Council will not accept any changes 7 days prior to date of commencement. All cancellations must be in writing and sent by post, fax, or email to the Council.

12. Fees: If the Hirer has visited the Council and arranged their booking or the cancellation is 10 days after the booking was made over the telephone, the cancellation must be in writing and sent by post, fax or email to the Council. A cancellation fee may be payable at the Council's discretion. If a booking fee has been agreed prior to contract then this fee is only refundable at the Council's discretion.

13. It is possible that the equipment which you have pre-booked may have been lost or damaged by the previous Hirer. In this event the Council will endeavour to provide the Hirer with equipment of at least the same quality and value as that ordered by the Hirer. Should the Hirer not wish to take the alternative equipment offered he/she will be entitled to a full refund in respect of the missing equipment. However the Council accepts no further liability.

14. Returning equipment late: If when the Council arrives on site to collect the equipment and it is not ready and/or accessible at the end of the hire period or within a reasonable time frame then the Council reserves the right to charge the Hirer for additional staffing costs together with any legal fees or associated recovery costs.

15. Payment: Advance payment no later than 7 days prior to the event or upon receipt of invoice will be required. In the event that the equipment is not returned, damaged beyond repair, damaged or dirty (beyond normal wear and tear) a further fee will be required.

16. Cleaning of the Gazebos: Whilst the Council accept it may not be possible to fully clean the gazebos before returning it because of the weather conditions. The Council reserves the right to charge a cleaning fee should the equipment be returned in a dirty state and has to be fully cleaned.

17. If there are any abnormal conditions attached to the site, which affect the installation of the Equipment, we reserve the right to make further monetary charges to cover additional costs either from suppliers or ourselves. Transport charges are quoted on a clear vehicular access and egress to and from a ground floor location. Access must be pre-arranged by you unless otherwise stated.

18. Hired equipment remains the sole property of Chorley Borough Council at all times and will be checked on collection or return to our premises. Any shortages or damages noted at this time will be charged to you at current replacement cost and deducted from any monies held as deposit or retainer.

19. Liability

I. No liability is accepted for delays or non-performance of the Contract due to force majeure, act of God, the requirement of any statutory authority, fire, accident, industrial dispute, your failure to obtain any necessary permissions or licences or anything deemed to be beyond our reasonable control.

II. The Council are not responsible for any damage to the site on which the equipment is installed and this shall be solely your responsibility.

III. Any damage or loss to/of the equipment must be reported to the Council forthwith. The Hirer will be fully responsible for any loss of or damage caused to the equipment or delivery units during the period of hire, which includes installation and setup. The Hirer is advised to insure the Equipment. On any claim under insurance provided by us, you shall pay the current excess level.

IV. The Council shall not be liable for any loss, damage or injury arising out of the use of or failure of the equipment or any defect in them save for the liability in respect of death or personal injury, which arises from our direct negligence.

V. The Council accept no liability or responsibility for any indirect or consequential loss or damage or cost due to breakdown, damage or interference of the equipment.

VI. A gazebo is only intended as a temporary structure and will not necessary safeguard fully against weather conditions. We accept no claims, liability or responsibility, which may arise from this fact.

20. Save as provided in these conditions and to the extent that the exclusion or restriction of liability may be prohibited by statute, the Council will not be liable for any loss, damage, or injury caused, directly or indirectly by the equipment or its use. Your statutory rights are not affected.

21. The Council reserves the right to refuse to hire equipment to any client with whom it does not wish to enter into a contractual relationship. The Council reserves the right to cancel a contract at any time without notice, whereupon it will refund to the Hirer any monies paid, following such refund, no further liability will exist between the Hirer and the Council.

22. Save as provided in these conditions and to the extent that the exclusion or restriction of liability may be prohibited by statute, the Council will not be liable for any loss, damage, or injury caused, directly or indirectly by the equipment or its use. Your statutory rights are not affected.

23. FORCE MAJEURE While every effort will be made by the Council to carry out any order accepted the full the performance of it is subject to variation or cancellation by the Council consequent upon Act of God, War, Strikes, Riots or Lockouts or any other disturbances. 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 Council.