1. Definitions

In these Terms and Conditions, the following definitions shall apply:

(a) “Company” means Sunrise Marquees Limited;

(b) “Customer” means the person, firm or company hiring the equipment from the Company;

(c) “Equipment” means the marquee and furniture hired by the Customer from the Company, including any accessories, fittings, fixtures or other items supplied by the Company;

(d) “Hire Period” means the period of time during which the Equipment is hired by the Customer, as agreed between the parties and set out in the Hire Agreement;

(e) “Hire Agreement” means the agreement between the Company and the Customer for the hire of the Equipment, which incorporates these Terms and Conditions, and forms an integral part of the Customer's Hire Contract with the Company.

(f)  The Customer by placing a service request (or order) and/or proceeding to pay the required deposit or agreeing to any alternative payment terms, is deemed to have acknowledged this.

2. Hire Agreement

(a) The Hire process is initiated, when subject to availability and upon receipt of a quote, where applicable, the Customer places a service request (or order) with the Company, whether by telephone, email or through the Company’s website.

(b) The Hire Agreement shall be deemed to have been formed, when the Customer has paid the required 10% deposit of the total hire charges to reserve and secure the Equipment for the date(s).

(c) The Hire Agreement shall incorporate these Terms and Conditions and shall be binding on the parties.

(d) The Hire Agreement may only be varied by written agreement between the parties.

3. Hire Charges

(a) The Customer shall pay the hire charges (less the deposit, if paid) as set out on the booking form, which shall be payable in full when the Equipment is delivered and installed or as agreed with the Company.

(b) The hire charges are exclusive of any applicable taxes, which shall be payable by the Customer in addition to the hire charges.

(c) The hire charges are inclusive of delivery costs provided the delivery address is within the Company's service area. The Company will duly inform the Customer, in the event delivery charges and any other fees are applicable.

(d) The hire charges are based on the assumption that the Customer will prepare and make the surface good for the safe installation of the Equipment. Additional labour charges will be incurred if the Company has to remove obstacles, prepare the surface for safe installation or wait while the surface is prepared to a suitable standard.

(e) The hire charges do not include attendance by the Company's craftsmen except when the actual delivery, installation / dismantling and collecting of the Equipment.

4. Delivery & Collection

(a) The Company shall deliver the Equipment to the Customer’s specified location on the agreed date and time, and collect the Equipment on the agreed date and time at the end of the Hire Period.

(b) The Customer shall ensure that the delivery and collection location is accessible, safe and free from any obstructions or hazards.

(c) If the Customer requests delivery or collection outside of the Company’s normal business hours, the Company may charge an additional fee.

(d) If the Equipment is not available for collection by the Company at the end of the Hire Period, the Customer shall pay the Company’s daily hire rate for each day that the Equipment remains in the Customer’s possession.

5. Equipment Installation & Dismantling

(a) Unless previously agreed or under exceptional circumstances, the Company's craftsmen and staff will always carry out the installation and dismantling of the Equipment. Any special arrangements or variations to this should be requested in writing for the Company's consideration.

(b) The Customer is required to mark out the exact position for Equipment installation with clearly visible markers to avoid any errors in positioning. In the absence of markers or the Customer or their representative(s), the Company will be forced to make a decision as to where appropriate to safely install the Equipment and shall be deemed to have fulfilled its obligations. Where applicable and safely possible, the Equipment may be re-positioned at an additional labour charges to the Customer.

(c) The Company will not install the Equipment, if the site is deemed unsuitable or unsafe i.e., muddy, rocky or too steep or ill prepared for the works to be carried out. 

(d) It is the responsibility of the Customer to inform the Company of the exact position of any underground services. The Company will accept no responsibility whatsoever for damage to any such services whose location was either unknown or not informed of.

6. Force Majeure

(a) The Company shall not be liable for any delay or failure to perform its obligations under the Hire Agreement if such delay or failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, industrial action, fire, flood, storm, tempest, power outage, , high gust winds or other similar events that renders the installation / operation / dismantling of temporary structures such as marquees unsafe. 

(b) If the Company is unable to perform its obligations under the Hire Agreement due to a force majeure event, the Company shall be entitled to terminate the Hire Agreement by giving written notice to the Customer, without incurring any liability to the Customer for any loss, damage or expense arising from such termination.

(c) If a force majeure event occurs, the Company shall use reasonable endeavours to notify the Customer as soon as reasonably practicable and to minimise the impact of the force majeure event on the Customer.

(d) If a force majeure event occurs, the Customer shall not be entitled to terminate the Hire Agreement and shall remain liable for the hire charges for the entire Hire Period.

(e) The provisions of this clause 6 shall survive the termination of the Hire Agreement for any reason.

7. Use Of Equipment

(a) The Customer shall use the Equipment in a careful and proper manner, in accordance with any instructions or guidelines provided by the Company.

(b) The Customer shall ensure that the Equipment is only used for its intended purpose and shall not use the Equipment for any unlawful purpose or in breach of any applicable laws or regulations.

(c) The Customer shall be responsible for any loss or damage to the Equipment caused during the Hire Period, including any damage caused by the Customer’s negligence, misuse or wilful act.

(d) The Customer shall not make any alterations or modifications to the Equipment without the prior written consent of the Company.

(e) Usage or installation of heating, electricity or open flame equipment in the Equipment must be requested in writing for the Company's consideration prior to Equipment installation.

8. Liability

(a) The Customer shall be liable for any loss, damage or injury arising from the use of the Equipment during the Hire Period, except to the extent that such loss, damage or injury is caused by the negligence or willful misconduct of the Company or its employees or agents.

(b) The Company shall not be liable for any loss of or damage to the Customer's property or for any indirect, consequential or economic loss or damage, whether arising in contract, tort or otherwise.

(c) The Customer shall indemnify and hold harmless the Company from and against any and all claims, demands, actions, proceedings, damages, losses, costs and expenses (including legal fees) arising from or in connection with the use of the Equipment during the Hire Period, except to the extent that such claims, demands, actions, proceedings, damages, losses, costs and expenses are caused by the negligence or willful misconduct of the Company or its employees or agents.

(d) The Company shall not be liable for any delay or failure to perform its obligations under the Hire Agreement if such delay or failure is due to circumstances beyond its control, including but not limited to acts of God, war, terrorism, civil unrest, industrial action, fire, flood, storm, tempest, power outage, or other similar events.

(e) The Company's liability to the Customer for any and all claims arising from or in connection with the Hire Agreement shall be limited to the hire charges paid by the Customer under the Hire Agreement.

(f) Nothing in these Terms and Conditions shall limit or exclude the Company's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law.

9. Permissions & Permits

(a) It is the sole responsibility of the Customer to obtain all necessary permissions, licenses, permits, and approvals from relevant local and public authorities prior to the event date. This includes, but is not limited to, obtaining any required permits for the setup and use of the Equipment at the designated location.

(b) The Customer agrees to comply with all applicable laws, regulations, and requirements of local and public authorities regarding the use of the Equipment and the event setup.

(c) In the event that the Customer fails to obtain the necessary permissions and permits as required by local and public authorities, resulting in the Company's inability to proceed with the setup or use of the Equipment, the Customer shall be solely responsible for any losses, damages, costs, or expenses incurred by the Company as a result.

(d) The Customer acknowledges that any delays, additional charges, or cancellations arising from the failure to obtain the necessary permissions and permits shall be the responsibility of the Customer and may result in the forfeiture of any deposit or additional charges levied by the Company.

(e) The Company shall not be liable for any loss, damage, or liability arising from the Customer's failure to obtain the required permissions and permits.

(f) The Customer agrees to indemnify and hold harmless the Company from any claims, demands, actions, proceedings, damages, losses, costs, or expenses (including legal fees) incurred by the Company due to the Customer's failure to obtain the necessary permissions and permits.

(g) The provisions of this clause shall survive the termination of the Hire Agreement for any reason.

(h) By agreeing to these Terms and Conditions, the Customer acknowledges and agrees to assume full responsibility for obtaining all necessary permissions and permits and understands the potential consequences of failure to do so.

10. Cancellation

(a) The Customer may cancel the Hire Agreement by giving written notice to the Company at least 14 days prior to the start of the Hire Period. The Company reserves the right to retain the deposit.

(b) If the Customer cancels the Hire Agreement within 14 days prior to the start of the Hire Period, the Customer shall be liable to pay a cancellation fee equal to 50% of the total hire charges.

(c) If the Customer cancels the Hire Agreement within 7 days prior to the start of the Hire Period, the Customer shall be liable to pay a cancellation fee equal to 100% of the total hire charges.

(d) The Customer acknowledges and agrees that these cancellation fees are a genuine pre-estimate of the Company’s losses arising from the cancellation of the Hire Agreement, and that the Company may suffer additional losses which are not covered by these cancellation fees.

(e) The Customer acknowledges and agrees that these Terms and Conditions constitute a binding contract between the Customer and the Company, and that any cancellation of the Hire Agreement by the Customer shall be a breach of this contract, entitling the Company to recover any losses suffered as a result of such breach.