Terms of Business
In these conditions LPM BOHEMIA – THE TENT CO. LTD, their Sub-Contractors and their Agents are referred to as “the Company”.
Applications for the hire of Marquees and Equipment, etc., should be addressed to:
LPM BOHEMIA – THE TENT CO LTD, AGA Buildings, Lamberhurst Road, HORSMONDEN, Kent, TN12 8DP
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Booking Deposit Invoice: is a copy of the Quotation Form as varied after discussion and negotiation between us;
(b) Event Outside Our Control: is defined in clause 9.2;
(c) Equipment: the marquee/s and ancillaries specified overleaf
(d) Install/Installation: the delivery and erection of the Equipment;
(e) Installation Date: the agreed date for the installation of the Equipment as set out overleaf;
(f) Quotation Form: your order for the Services as set out overleaf.
(g) Services: the services that We are providing to you as set out in the Quotation Form;
(h) Terms: the terms and conditions set out in this document; and
(i) We/Our/Us: LPM Bohemia – The Tent Company Ltd (company number 05439801) of AGABuilding, Lamberhurst Road, Horsmonden, KentTN12 8DP (Registered office: Hilden Park House, 79 Tonbridge Road, Hildenborough, Tonbridge, KentTN11 9BH)
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which We supply Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Quotation Form and in these Terms are complete and accurate. If you think that there is a mistake or require any changes please contact Us to discuss. We will confirm any changes in the Booking Deposit Invoice, or if later in writing or by email, to avoid any confusion between you and Us.
2.3 These Terms will become binding on you and Us when:-
(a) We send you the Booking Deposit Invoice, and
(b) You Pay Us the 50% deposit,
at which point a contract will come into existence between you and Us.
2.4 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
3. Changes to order or terms
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how We accept payment from you;
(b) changes in relevant laws and regulatory requirements
3.2 If We have to revise these Terms under clause 3.1, We will give you written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 10.
3.3 You may make a change to the Order for Services at any time more than 1 month before the Installation Date by contacting Us. Where a change is requested less than 1 month before the Installation Date we will endeavour to meet your request but without obligation on our part.
3.4 If requested changes mean a change in the total price of the Services, We will notify you of the amended price in writing or by email.
4. Providing services
4.1 We will at Our expense Install the Equipment at the Site. You will arrange that you or your duly authorised representative will be present at the Installation. Acceptance by you or your representative of Installation will constitute conclusive evidence that you have examined the Equipment and have found it to be in good condition, complete and fit in every way for the purpose for which it is intended (save as regards any latent defects not reasonably apparent on inspection). If We so require, you or your duly authorised representative will sign a receipt confirming such acceptance.
4.2 To facilitate delivery, installation and removal, You will at your expense provide all requisite facilities, access and suitable working conditions to enable delivery, installation and removal to be carried out safely and expeditiously.
4.3 We will make every effort to complete the Installation on time. However, there may be delays due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.
4.4 If We need further information from you which is necessary for Us to provide the Services, for example, access and working conditions, We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may treat you as having cancelled this agreement. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we treat you as having cancelled this agreement under this clause 4.4, the cancellation provisions of clause 10 apply.
5. Your obligations to us
5.1 You undertake to keep Us informed as to the existence of any drains, pipes, cables, conduits or services or works, whether overground or underground, likely to be affected at or in close proximity to the site on which the equipment is required to be Installed.
5.2 We exclude liability for, and You agree to indemnify Us against, the cost of making good or repairing the items referred to in clause 5.1, and all consequential losses, should any damage occur as a result of your failure to keep Us so informed.
5.3 You undertake to inform us of any geographical features of the site or access which may involve abnormal time and/or labour on Our part.
6. If there is a problem with the services
6.1 In the unlikely event that there is any defect with the Services:
(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to repair or fix any defect; and
(c) We will use every effort to repair or fix the defect as soon as reasonably practicable.
You will not have to pay for Us to repair or fix a defect with the Services under this clause 6.1.
6.2 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. Price and payment
7.1 The price of the Services are set out in the Booking Deposit Invoice.
7.2 The price of the Services may be increased if unforeseen difficulty involving abnormal time and/or labour on Our part is encountered with the site selected by You for the Installation.
7.3 If the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay and increase or reduce the total accordingly, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
7.4 Where We are providing Services to you, We will ask you to make an advance payment of 50% of the price of the Services. Your rights to a refund on cancellation are set out in clause 10. Payment of the balance for the Services must be made in cleared funds no later than 7 days before the Installation Date.
7.5 If you do not make payment of the balance for the Services by the due date for payment, We may at our sole discretion either:-
(a) charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of National Westminster Bank from time to time, This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
(b) treat you as having cancelled this agreement in which case the consequences of cancellation are set out in clause 10 of this agreement.
8. Our liability to you
8.1 If We fail to comply with these Terms, We are responsible for losses or damage you suffer that are a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any losses or damage that are not foreseeable. Losses or damage are foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
8.2 Unless clause 5.2 applies We will make good any damage to your property caused by Us in the course of Installation or removal. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or removal by Us.
8.3 If we supply the Services for any commercial or business purpose We have no liability to you for any consequential losses including (but not limited to) loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation.
8.5 If we supply the Services for any commercial or business purpose but not otherwise We exclude our liability for:-
(a) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(b) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(c) defective products under the Consumer Protection Act 1987.
9. Events Outside Our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms We will contact you as soon as reasonably possible to notify you.
9.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 10.
10. Your rights to cancel and applicable refund
10.1 You may cancel any Order for Services within 7 calendar days of placing an Order by contacting Us. We will confirm your cancellation in writing to you.
10.2 If you cancel an Order under clause 10.1 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
10.3 However, if you cancel an Order for Services under clause 10.1 and with your authority We have already started work on your Order by that time, you will pay Us any costs We reasonably have incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you. We will tell you what these costs are when you contact Us.
10.4 You may cancel an Order after the expiry of 7 days and more than 3 months before the Installation Date, in which event the deposit will be refunded less any administration, labour and transport costs which We have incurred in connection with the discharge of Our obligations under the contract for Services.
10.5 Less than 3 months before the Installation Date you may only cancel the contract for Services by giving Us written notice and we will retain the deposit as an agreed assessment of our losses including loss of profit.
10.6 You may cancel the contract for Services by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing;
(b) We go into liquidation or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage,
and we will refund the deposit.
11. Our rights to cancel and applicable refund
11.1 We may have to cancel an Order before the Installation Date due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
11.2 If We have to cancel an Order under clause 11.1 We will refund any amount you have paid.
11.3 Where We have already started work on your Order for Services by the time We have to cancel under clause 11.1, We will not charge you anything and you will not have to make any payment to Us.
11.4 We may treat you as having cancelled the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 7.4. This does not affect Our right to charge you interest under clause 7.5; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
12. Information about us and how to contact us
12.1 We are a company registered in England and Wales. Our company registration number is 05439801 and Our registered office is at Hilden Park House, 79 Tonbridge Road, Hildenborough, Tonbridge, KentTN11 9BH. Our registered VAT number is GB 851 1685 26.
12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01892 725489 or by e-mailing Us at firstname.lastname@example.org.
12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to LPM Bohemia – The Tent Company Ltd at AGA Buildings, Lamberhurst Road, Horsmonden, Kent TN12 8DP. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
13. How we may use your personal information
13.1 We will use the personal information you provide to Us to:
(a) provide the Services;
(b) process your payment for such Services; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
13.2 We will not give your personal data to any third party.
14. Other important terms
14.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
14.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
14.6 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.