Terms and conditions

Terms and Conditions of Sale

The Sale of Goods:

1. Application of Conditions
The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

2. Interpretation
2.1 In these Conditions:-

“Business Day” means any day other than a Saturday, Sunday or bank holiday,

“the Buyer” means the person who accepts a quotation or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;

“the Contract” means the contract for the purchase and sale of the Goods under these conditions;

“these Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;

“the Delivery Date” means the date on which the Goods are to be delivered as stipulated in the Buyer’s order and accepted by the Seller;

“the Goods” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions;

“month” means a calendar month;

“the Seller” means Hearthworks Limited, a company registered in England under No. 44687 whose head office is located at Spring Cottage, Worminster, North Wootton, Shepton Mallet, Somerset BA4 4AJ;

“writing” includes any communications effected by telex, facsimile transmission, email or any comparable means.

2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

3. Basis of Sale
3.1 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

3.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.

3.3 Sales literature, price lists and other documents issued by the Seller or published on the Seller’s website in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. No contract for the sale of the Goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the goods or has accepted an order placed by the Buyer by whichever is the earlier of:-

(a) the Seller’s written acceptance;

(b) delivery of the Goods; or

3.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller or published on the Seller’s website shall be subject to correction without any liability on the part of the Seller.

4. Orders and Specifications
4.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative.

4.2 The specification for the Goods shall be those set out in the Seller’s sales documentation unless varied expressly in the Buyer’s order (if accepted by the Seller). The Goods will only be supplied in the minimum units (or multiples) stated in the Seller’s price list or in multiples of the sales order as specified. Orders received for quantities other than these will be adjusted accordingly. Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.

4.3 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.

4.4 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

5. Price of Goods
5.1 The price of the Goods shall be the price listed in the Seller’s published price list current at the date of acceptance of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer.

5.2 Where the Seller has quoted a price for the Goods other than in accordance with the Seller’s published price list the price quoted shall be valid for 30 days only or such lesser time as the Seller may specify.

5.3 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

5.4 The Seller will allow the Buyer quantity discounts subject to and in accordance with the conditions set out in the Seller’s published price list for the Goods current at the date of acceptance of the Buyer’s Order.

5.5 Any settlement discount specified by the Seller in the Contract will be allowed by the Seller to the Buyer in respect of Goods for which payment is received by the Seller on or before the due date and otherwise in accordance with the payment terms set out in these Conditions and provided that no other amounts owing by the Buyer to the Seller are overdue and unpaid.

5.6 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices (for orders of more than £1) are inclusive of the Seller’s charges for packaging and transport to the location in the United Kingdom specified in the Buyer’s order.

5.7 The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay, either directly to the authorities, or to the Seller, depending on what has been agreed between the buyer and the seller prior to agreeing the sale.

5.8 The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods. Full credit will be given to the Buyer for returnable containers provided they are returned at the Buyer’s expense undamaged to the Seller.

6. Terms of Payment
6.1 Subject to clause 6.4 below or any special terms agreed in writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the price of the Goods on the basis agreed at the time of the sale. Payment in full must be received prior to delivery of the Goods, unless agreed otherwise. If the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be entitled to payment from the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or for delivery.

6.2 The Buyer shall pay the price of the Goods (less any discount or credit allowed by the Seller, but without any other deduction credit or set off) within 30 days of the date of the Seller’s invoice or otherwise in accordance with such credit term as may have been agreed in writing between the Buyer and the Seller in respect of the Contract. Payment shall be made on the due date notwithstanding that delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer. The time of the payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.

6.3 All payments shall be made to the Seller in Pounds Sterling at its office as indicated on the form of acceptance or invoice issued by the Seller.

6.4 The Seller is not obliged to accept orders from any customer or buyer who has not supplied the Seller with references satisfactory to the Seller; if at any time the Seller is not satisfied as to the creditworthiness of the Buyer it may give notice in writing to the Buyer that no further credit will be allowed to the Buyer in which event no further goods will be delivered to the Buyer other than against cash payment and notwithstanding Clause 6.2 of these conditions, all amounts owing by the Buyer to the Seller shall be immediately payable in cash.

7. Delivery
7.1 Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the United Kingdom specified in the Buyer’s order and/or the Seller’s acceptance as the location to which the Goods are to be delivered by the Seller or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.

7.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.

7.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

7.4 If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon given written notice to the Buyer to store or arrange for the storage of the Goods and then notwithstanding the provision of Clause 8.1 of these Conditions risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure.

8. Risk and Property
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at:-

(a) in the case of Goods to be delivered at the Seller’s premises, the time when the Seller notifies the Buyer that the Goods are available for collection; or

(b) in the case of Goods to be delivered otherwise than at the Seller’s premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.

8.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

8.3 Until such time as the property in the Goods passes to the Buyer:-

(a) the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property;

(b) the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and in the case of tangible proceeds, properly stored, protected and insured; and

(c) provided the Goods are still in existence and have not been resold, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

8.4 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

9. Seller’s Default
9.1 If the Seller fails to deliver the Goods or any of them on the Delivery Date other than for reasons outside the Seller’s reasonable control or the Buyer’s or its carrier’s fault:-

(a) if the Seller delivers the Goods at any time thereafter the Seller shall have no liability in respect of such late delivery;

(b) if the Buyer gives written notice to the Seller within ten business days after the Delivery Date and the Seller fails to deliver the Goods within four business days after receiving such notice the Buyer may cancel the order and the Seller’s liability shall be limited to the excess (if any) of the cost of the Buyer (in the cheapest available market) of similar goods to those not delivered over the price of the Goods not delivered.

9.2 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:-

(a) act of God, explosion, flood, tempest, fire or accident;

(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;

(c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

(d) import or export regulations or embargoes; and/or

(e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party).

10. Defective Goods
10.1 If on delivery any of the Goods are defective in any material respect and either the Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery “condition and contents unknown” the Buyer gives written notice of such defect to the Seller within three business days of such delivery, the Seller shall at its option:-

(a) replace the defective Goods within 14 days of receiving the Buyer’s notice; or

(b) refund to the Buyer the price for the goods which are defective;

but the Seller shall have no further liability to the Buyer in respect thereof and the Buyer may not reject the Goods if delivery is not refused or notice given by the Buyer as aforesaid.

10.2 No Goods may be returned to the Seller without the prior agreement in writing of the Seller. Subject thereto any Goods returned which the Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Seller’s sole discretion the Seller shall refund or credit to the Buyer the price of such defective Goods but the Seller shall have no further liability to the Buyer.

10.3 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration of the Goods without the Seller’s approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.

10.4 Goods, other than defective Goods returned under Conditions 10.1 or 10.2, returned by the Buyer and accepted by the Seller may be credited to the Buyer at the Seller’s sole discretion and without any obligation on the part of the Seller. Where Goods returned to the Seller are not resaleable they will not be considered for credit and may be destroyed by the Seller at the Buyer’s expense in the interests of safety. A handling charge of up to 10% of the value of the Goods returned by the Buyer may be charged by the Seller.

10.5 Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10.6 Where the Goods are sold under a consumer sale the statutory rights of the Buyer are not affected by these Conditions.

10.7 Except in respect of death or personal injury caused by the Seller’s negligence, or as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including without limitation loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer.

10.8 The Buyer shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory handling and sale of the Goods by the Buyer is carried out in accordance with directions given by the Seller or any competent governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer’s failure to comply with this condition.

11. Buyer’s Default
11.1 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-

(a) cancel the order or suspend any further deliveries to the Buyer;

(b) appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and

(c) charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of two per cent per annum above National Westminster Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

11.2 This condition applies if:-

(a) the Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or

(b) the Buyer becomes subject to an administration order or makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or

(d) the Buyer ceases, or threatens to cease, to carry on business; or

(e) the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

11.3 If Condition 11.2 applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for in full, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

12. Confidentiality, Publications and Endorsements

12.1 The Buyer undertakes to the Seller that:-

(a) the Buyer will regard as confidential the contract and all information obtained by the Buyer relating to the business and/or products of the Seller and will not use or disclose to any third party such information without the Seller’s prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Buyer’s default;

(b) the Buyer will not use or authorise or permit any other person to use any name, trademark, house mark, emblem or symbol which the Seller is licensed to use or which is owned by the Seller upon any premises note paper visiting cards advertisement or other printed matter or in any other manner whatsoever unless such use shall have been previously authorised in writing by the Seller and (where appropriate) its Licensor;

(c) the Buyer will use all reasonable endeavours to ensure compliance with this Condition by its employees, servants and agents.

This Condition shall survive the termination of the Contract.

13. General
13.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

13.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

13.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

13.4 The Contract shall be governed by the laws of England.

Hearthworks Terms and Conditions of Private Hire

The Hire of Goods:

Definitions

‘Company’ means Hearthworks Limited whose head office is located at Spring Cottage, Worminster, North Wootton, Shepton Mallet, Somerset BA4 4AJ.

‘Client’ is the party hiring the Equipment from the Company.

‘Equipment’ is the accommodation units such as Tipi(s), Yurt(s), and Tipi-Tents(s) and other materials specified on the Invoice and nothing else.

‘Setup Date’ is the date shown on the invoice for completing the erection of the equipment

‘Dismantling Date’ is the date shown in the invoice for completing the dismantling of the equipment.

‘Period of Hire’ is the period between completing the erection of the Equipment and beginning the dismantling.

‘Hire Charge’ is the amount payable by the Client to the Company as specified on the Invoice.

‘Invoice’ is the form issued by the Company to the Client requesting payment of the Hire Charge and containing details of the Equipment and Period of Hire.

‘Contract of Hire’ is a document agreed between the Company and the Client which sets out Terms & Conditions and other Details specific to that Hire, which may include special Prices or Discounts, Provisional Size of Order, Terms of Payment, Notice of Termination, Location of Installation, Facilities, as well as containing details of the Equipment and Period of Hire.

1. Conditions
Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below and the Client by authorising or allowing work to proceed is deemed to have acknowledged this and agrees that these terms and conditions govern the contract for hire to the exclusion of any other terms and conditions.

2. The Company Undertakes:
to deliver the Equipment and proceed to erect it on or before the Set Up date shown on the Invoice or Contract of Hire.

to dismantle and remove the Equipment from the site on or after the Dismantling date shown on the Invoice or Contract of Hire.

3. The Client Undertakes:
to pay the Deposit and to pay the Balance in accordance with the Invoice. Should payment not be received within the agreed timeframes, the Company reserves the right to consider the order cancelled and to not provide the Equipment. See item 7 below regarding Cancellation.

to pay interest on all monies outstanding at the rate of 4% per annum above the base rate of the National Westminster Bank Plc.

to provide the Company with either a plan showing the position in which the Equipment is to be erected and all underground services and any apparent obstacles or to make available a representative on the site for that purpose. In the absence of both, the Company will not be able to commence installing the Equipment on the Site, shall be deemed to have completed the contract, and will not be liable for any costs incurred due to delays that result from the absence of information about the Site. If, having worked in good faith within the parameters stipulated by the Client, any damage is nonetheless sustained to underground cables or pipes, the Client and not the Company will be considered responsible unless it can be proven that the damage is a result of the negligence of the Company’s servants, agents or contractors.

to obtain all necessary permits from any authorities who are or may be concerned and to make application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organization. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Company by the Client.

where appropriate to obtain a licence from the Local Authority. Any requirements under the licence must be notified to the Company in writing, at least 28 days prior to erection. Should the Company for any reason be unable to comply with these requirements, then the Client shall be notified and the Contract shall be deemed to have been cancelled by the Client.

if any part of the Equipment includes electrical apparatus, to provide such power points or supply as may be reasonably required by the Company.

to provide access to the Company and its representatives to the site for the erection and dismantling of the equipment.

not to enter the Equipment whilst it is being erected or dismantled by the Company.

to keep any part of the Equipment that is a tent completely closed and secure and in particular any door fastened when not in use.

not to use any lighting, heating, cooking or other gas or electrical appliances of any kind within or close to the Equipment without the prior written consent of the Company.

not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Equipment without the prior written consent of the Company.

not to tamper with the structure or any part of the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without the Company’s prior written consent.

4. Variations
The Hire Charge is based on the assumption that the Client meets all of the points stipulated in item 3 above, and that the Client provides a firm and level site of turf (or some other material not impervious to stakes and able to absorb rainwater) and is served by a firm access road adjacent to the site with adequate hard-standing for commercial vehicles is free from flooding trees and overhead obstruction. If this is not the case or if the Client wishes the Company to erect the Equipment in a different position on the site to the one indicated by the Client to the Company at the time of booking and in either event the costs to the Company are subsequently increased by reason of increase in labour costs or any other factor the Company may increase the price in accordance with the Company’s published price list and hourly labour rates then in force. If it is likely that additional costs will be incurred by the Company, then these costs will be mutually considered and the preferred approach will be agreed between both parties before they are incurred.

The Company will use all reasonable endeavours to supply the Client with the Equipment but where this is not possible the Company will notify the Client as soon as possible with any alterations to the design and specifications of the Equipment and where alteration is fundamental the Client may terminate this contract and any deposit paid will be refunded.

5. Loss Or Damage Or Excessive Soiling
The Client shall throughout the Period of Hire be responsible for the maintenance and safe custody of the Equipment.

The Client must be satisfied with the Equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable Equipment before use.

The Client shall indemnify the Company against the full value of any loss damage or excessive soiling howsoever caused, unless caused by negligence by the Company.

6. Understanding
The Hire Charge does not include making good any repairs to the Site unless caused by the negligence of the Company’s servants, agents or contractors.

All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.

7. Cancellation
Either party shall have the right to terminate the Contract without penalty within a seven day “Cooling off” period commencing from the date of the Invoice, providing the booking is at least 28 days before the Set-up Date. This is subject to written confirmation of such termination being given by one party to the other within such period. In the event of such termination by either party the Company shall refund to the Client all sums paid by the Client to the Company by way of deposit or otherwise.

If the order is made less than 28 days before the Set-up Date, there will be no seven day “Cooling off” period.

Once the seven days referred to in clause a) has passed and providing it is at least 21 days before the Set-up date, should the Client cancel the contract then compensation of 30% of the Hire Charge will be paid by the Client to the Company. This will usually be implemented by means of the Company retaining the Client’s deposit payment.

If the Client cancels the contract less than 21 days prior to the Set Up date shown on the Invoice, the full Hire Charge will be due. If, however, the Company is able to re-let the Equipment for the period agreed in the Client’s cancelled order, then the Client shall not not be required to pay the full Hire Charge but only the difference between it and any amount recouped, less an administration charge of 30% of the original Hire Charge.

If Notice of Termination is included within a specific Contract of Hire agreed between the Company and the Client, that shall take priority over the Terms of Cancellation noted in the preceding clauses.

8. Exclusion of Liability
The Company will make every effort to complete the erection of the Equipment on or before the Set-up date and time referred to in our correspondence with the Client, provided that the Client has complied with the undertakings set out above. If the Equipment is not erected on or before the Set-up date and time referred to in our correspondence with the Client, the Client shall have the right to withdraw and the Company shall return all monies paid. If, however, installation of the Equipment is not complete by the agreed time, but is delayed due to weather or other circumstances beyond the Company’s reasonable control, the Company shall not be liable to repay any monies or to pay compensation to the Client.

The Company will take all reasonable care to avoid damage to the Client’s own equipment or to the Site, but cannot be responsible for any loss suffered by the Client in respect thereof other than as a result of the negligence of the Company’s servants, agents or contractors.

For the avoidance of doubt the Company’s liability for any reason under this contract shall be limited to and shall not exceed the Hire Charge.

9. Force Majeure
The Company shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from Force Majeure, which means any event or occurrence which is outside the reasonable control of the Company and which is not attributable to any act or failure to take preventative action by the Company.

Such circumstances include (but are not limited to): ‘Acts of God,’ fire, flood, violent storm, pestilence, drought, earthquake or other natural disaster, explosion, malicious damage, armed conflict, acts of terrorism, nuclear, biological or chemical warfare, or any other disaster or accident, natural or man-made such as collapse of buildings strikes, industrial action, or non-performance by suppliers or subcontractors.

In the event of any Equipment not being available and the Company not being in a position to substitute a suitable replacement, the Company’s liability shall be limited to the reimbursement of any monies paid for that item only minus any reasonable costs incurred by the Company for the original supply of the said item.

10. Third Party Liability
The Company will not accept liability for any claims arising in the course of the hire regarding injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage was caused by faulty material or workmanship or negligence on the part of the Company.

Hearthworks Terms & Conditions for Hire to Event Attendees

The Hire of Goods:

Definitions

‘Company’ means Hearthworks Limited whose head office is located at Spring Cottage, Worminster, North Wootton, Shepton Mallet, Somerset BA4 4AJ.

‘Customer’ is the person hiring the Equipment from the Company.

‘Equipment’ is the accommodation units such as Tipi(s), Yurt(s), and Tipi-Tents(s) and other materials specified on the Invoice and nothing else.

‘Period of Hire’ is the period between completing the erection of the Equipment and beginning the dismantling.

‘Hire Charge’ is the amount payable by the Customer to the Company or their agent (such as an event) as specified on the Invoice.

‘Invoice’ is the form issued by the Company to the Customer requesting payment of the Hire Charge and containing details of the Equipment and Period of Hire.

1. Conditions
Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below and the Customer by authorising or allowing work to proceed is deemed to have acknowledged this.

2. The Company Undertakes:
to deliver the Equipment and proceed to erect it on or before the Check-in Time referred to in our correspondence with the Customer.

to dismantle and remove the Equipment from the site on or after the Check-out Time referred to in our correspondence with the Customer.

3. The Customer Undertakes:
to pay the Deposit and to pay the Balance in accordance with the Invoice. Should payment not be received within the agreed timeframes, the Company reserves the right to consider the order cancelled and to not provide the Equipment. See item 7 below regarding Cancellation.

to pay interest on all monies outstanding at the rate of 4% per annum above the base rate of the National Westminster Bank Plc.

not to enter the Equipment whilst it is being erected or dismantled by the Company.

to keep any part of the Equipment that is a tent completely closed and secure and in particular any door fastened when not in use.

not to use any lighting, heating, cooking or other gas or electrical appliances of any kind without the prior written consent of the Company.

not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Equipment without the prior written consent of the Company.

not to tamper with the structure or any part of the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without the Company’s prior written consent.

4. Variations
The Hire Charge is based on the assumption that the Customer meets all of the points stipulated in item 3 above.

The Company will use all reasonable endeavours to supply the Customer with the Equipment but where this is not possible the Company will notify the Customer as soon as possible with any alterations to the design and specifications of the Equipment and where alteration is fundamental the Customer may terminate this contract and any deposit paid will be refunded.

5. Loss Or Damage Or Excessive Soiling
The Customer shall throughout the Period of Hire be responsible for the maintenance and safe custody of the Equipment.

The Customer must be satisfied with the Equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable Equipment before use.

The Customer shall recompense the Company for the full value of any loss, damage or excessive soiling caused during their occupancy, unless caused by the negligence by the Company and its representatives.

6. Understanding
The Hire Charge does not include the Company making good any repairs to the Site caused by the Customer or his/her co-occupants, and the Customer shall recompense the Company for the full value of any costs incurred in making good any such required repairs.

If the order is made less than 28 days before the Set-up Date, there will be no seven day “Cooling off” period.

8. Exclusion of Liability
The Company will make every effort to complete the erection of the Equipment on or before the Check In time referred to in our correspondence with the Customer, provided that the Customer has complied with the undertakings set out above. If the Equipment is not erected on or before the Check In time referred to in our correspondence with the Customer, the Customer shall have the right to withdraw and the Company shall return all monies paid. If, however, erection of the Equipment is not fully complete before the Customer arrives to Check In, but is moderately delayed due to weather or other circumstances beyond the Company’s reasonable control, neither the Company nor the event shall be liable to repay any monies or to pay compensation to the Customer. In such a case the Company will provide the Customer with a comfortable waiting area for the brief period while their accommodation is completed.

The Company will take all reasonable care to avoid damage to the Customers’ own equipment but cannot be responsible for any loss suffered by the Customer in respect thereof other than as a result of the negligence of the Company’s servants, agents or contractors.