1 TERMS

Subject to any variation expressly agreed in writing, the terms set out below shall form the contract between you (the “customer”) and Deco Noir Ltd (the “Company”).

2 HIRE, PRICES AND METHODS OF PAYMENT AND DEPOSIT

2.1 The Company will only consider a job confirmed once the deposit funds have cleared our accounts.

2.2 The customer named on the booking form is responsible for the goods hired by the Company and any loss or damages that may occur.

2.3 It is the responsibility of the customer to have a representative on-site to accept, check and sign for the goods on delivery and collection.

2.4 Hired goods shall remain the property of the Company at all times.

2.5 Unless otherwise agreed in writing, the Company shall not be required to provide any goods and/or services until the price for such goods and/or services has been paid in full together with any deposit which may be payable before the agreed start date of hire/arriving to site.

2.6 Payments can be made by bank transfer only.

2.7 A 50% non-refundable deposit (or other percentage agreed formerly with the Company) will be required to confirm the booking and hold the hire items for the Customer for the requested dates. The balance is due in full prior to delivery and commencement of hire.

2.8 Replacement or repair costs for lost or damaged goods will be invoiced at the Company’s discretion

2.9 Every order, modification or confirmation received within less than 7 days of the start of hire may result in additional charges.

2.10 All prices quoted are subject to 20% VAT

2.11 Any damage caused to Goods, beyond reasonable wear and tear, will be the responsibility of The Customer. Any repair work necessary as a result will be chargeable.

2.12 In the event of the total loss, or irreparable damage, of any hire goods for any reason whatsoever, The Customer shall be responsible to The Company for the full value of such goods plus the hire charge for any delayed payments over 7 days of invoice. It is The Customer’s responsibility to insure against such risk. The period of hire ends only when The Company collects each item comprised in the requisition in writing.

2.13 If the project requires items that the company does not currently own, then the company will sub-hire on behalf of the client and include it in their invoice. All items sub-hired are subject to the same terms and conditions regarding damages or missing items.  In the event of the sub-hired item being a tent structure – all health and safety documents will be provided by the sub-hire company including PLI and ELI.  Should a ‘BUY IN’ be needed or requested, the company will purchase these items and they will remain the property of the company.

2.14 The Company will endeavour to make delivery and collection of the Goods at the times requested by The Customer but will not under any circumstances accept liability for any delays or failure to deliver or collect, nor for any expense caused to the customer by such delay, due to extenuating circumstances beyond the Company’s control (to include traffic, poor weather conditions, transport issues, shortages of labour and terrorist attacks).

3 CANCELLATION

3.1 Confirmed bespoke orders cannot be cancelled. Deposits are non-refundable as stated above. Within 14 days of delivery date – 75% of the hire charge is payable. Within 72 hours of delivery date – 100% is payable.

3.2 No request for cancellation shall be taken into account until notified to the Company in writing.

4 DELIVERY & COLLECTION

4.1 Any dates and times quoted by the Company are intended to be an estimate that we will endeavour to meet.

4.2 Should a loading dock or sufficient parking space not be available on delivery or collection, additional charges may be incurred and invoiced separately. Each job will be allocated a time on site which will be stated in your invoice. If time onsite exceeds this amount due the above issues outside of the Company’s control, then additional charges will be applied at £20pp Company personnel onsite.

4.3 Allocated time onsite and crew numbers will be confirmed as part of the booking confirmation process. Any additional build/break days that go beyond the agreed amount will be billed per person/ per day (not including breaks) post-event and be liable for payment within 14 days. An additional full-day hire fee will apply if items are not ready to be picked up on the date/time stated on the booking confirmation.

5 INSURANCE STORAGE AND USE

5.1 During the entire period during which the goods are hired from the Company the customer shall remain responsible for such goods and, if appropriate, insuring them.

5.2 Nothing is to be attached to the goods without permission from the Company, this includes vinyl stickers. Charges to clean, repair or replace may apply.

5.3 Furniture cannot be removed, placed outside or stacked other than by the Company or express permission from a representative of the Company.

5.4 On-site The Company is only responsible for loss or damage whilst the goods are in their possession.

5.5 Queries regarding the accuracy or quality of delivered goods must be made immediately upon delivery at the time goods are signed for with photos of any queries sent to email account hello@deconoirhire.com before your event launches.

5.6 In the event of equipment breakdown or product failure or breakage, the Customer must notify the Company of the fault immediately.

5.7 The Company shall not be liable for any loss or damage caused or alleged to be caused directly or indirectly by the property, by an inadequacy of the venue or any defect in the venue, or by an incident in connection with the venue.

5.8 Hired goods shall be at the customer’s own risk from the time of delivery through to collection. Risk will not pass back to the Company in respect of hired goods until such goods are back in the physical possession of the Company.

6 LIMITATION OF LIABILITY

The Company’s total liability in contract, tort, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Company’s obligations under those terms will be limited to the price which the customer has agreed to pay for the hired or sold goods and/or the provision of the services supplied by the Company.

7 GOVERNING LAW

7.1 These terms and any dispute arising out of or in connection with their subject matter shall be governed by English Law.

7.2 These terms and conditions govern the Goods to the exclusion of any other oral or written agreement. No modification of these terms and conditions shall be effective without the prior written consent of the Company.

7.3 These terms and conditions shall be governed and constructed and shall take effect in accordance with the Laws of England and Wales and shall be subject to the exclusive jurisdiction of the English and Welsh Courts.

8 PERSONAL DATA PROTECTION

The Company complies with GDPR and any data stored by us is held on the legitimate interest or contract basis as provided in the GDPR – and is only such data – typically name, email, phone number and address – necessary for us to contact you. If you object to us holding your data and would like us to delete it please email hello@deconoirhire.com

The Company will never disseminate its client file and will keep it confidential.

However Personal data may be forwarded to third parties tasked with order completion and payment as well as third-party companies when the Company makes use of suppliers or subcontractors for contract execution.

9 GENERAL

9.1 Payment in part or in full of any contract to supply Goods/or services herein referred to shall be deemed to mean acceptance in full of these terms and conditions.

9.2 The Company shall be relieved of its obligation to perform any contract to the extent that the performance is prevented by failure due to fire, weather conditions, industrial dispute, labour disturbance or any other cause beyond the reasonable control of The Company.

9.3 No employee of The Company, whilst in the course of his or her duties, shall be held separately responsible under any circumstances whatsoever for any liability for loss, damage or other default outside his or her reasonable control.