1. INTERPRETATION 1
2. BASIS OF CONTRACT 3
3. FAULTY GOODS AND/OR SERVICES 4
4. PAYMENT 5
5. RISK OWNERSHIP AND INSURANCE 7
6. DELIVERY COLLECTION AND SERVICES 8
7. CARE OF THE HIRE GOODS 9
8. LOSS OR DAMAGE TO THE HIRE GOODS 11
9. CANCELLATION 12
10. DEFAULT 14
11. LIMITATIONS OF LIABILITY 15
12. GENERAL 17
13. DATA PROTECTION ACT 19
14. ADDITIONAL TERMS 20

1. INTERPRETATION

1.1 Let’s start by making sure we’re on the same page. In these conditions, the following words mean:

• “Consumer” refers to an individual who is acting for their own personal use and not for any commercial purpose.
• “Contract” means an agreement that includes these terms and conditions, made between the Customer and the Supplier, for either hiring or buying Goods.
• “Customer” means you, the person or company who is hiring or buying Goods from the Supplier.
• “Confirmation” is any document that the Supplier gives to you that outlines the details of your order.
• “Deposit” is an advance payment required by the Supplier to secure the Hire Goods.
• “Force Majeure” refers to events that are outside of the Supplier’s control, such as acts of nature, war, or government actions.
• “Goods” refers to any structures, beds or matting (along with their accessories) that are either hired or sold to you.
• “Hire Goods” are the Goods that you’re hiring from the Supplier.
• “Hire Period” is the time from when you receive the Hire Goods until they’re returned to the Supplier or they’re collected by the Supplier.
• “Liability” means any damages, claims, expenses, costs, or losses that either you or the Supplier may incur.
• “Rental” refers to the Supplier’s charging rate for hiring the Hire Goods, which may change over time.
• “Sale Goods” are the Goods that you’re purchasing from the Supplier.
• “Supplier” is Pre-pitched Ltd, registered at 72 South Liberty Lane, Bristol, BS3 2SY, Company Registration Number 14485498, a company registered in England and Wales, including its employees, agents, and representatives.
• “Services” refer to any work or services that the Supplier performs for you in conjunction with the hire or sale of Goods, including delivery and collection.
• ‘Tent Supervisor’ refers to the member of staff provided by the Supplier, who is responsible for the ensuring that the Hire Goods are correctly handled

1.2 We want to make sure everything is clear and agreed upon, so please note that these terms and conditions cannot be changed without the written agreement of a director of the Supplier.

1.3 While we trust our staff, any changes to these terms and conditions made by them will not be binding unless confirmed in writing by a director of the Supplier (this doesn’t apply to Consumers).

1.4 If there is any confusion or inconsistency between these terms and conditions and any other documentation or information that we provide to you (except for price, payment, Hire Period or delivery details in a Confirmation), these terms and conditions will prevail (unless you’re a Consumer or in the case of second hand/ex-Hire Goods, where the Confirmation takes precedence).

1. BASIS OF CONTRACT

2.1 We’re so excited to offer our goods for hire or sale to you, the Customer! We’ll do our best to ensure the availability of the goods you need at the time you need them. However, if the goods are unavailable due to circumstances beyond our control, we regret that we won’t be held liable for any loss you may suffer.

2.2 If you’re a Consumer, (an individual, an unincorporated entity, or a small business with two or three partners), we’d love to work with you! Please note that if your hire would be covered by the Consumer Credit Act 1974, the hire period should not exceed three months. After that time, the contract will be deemed automatically terminated, after which the hire of any Hire Goods is no longer covered by the Consumer Credit Act 1974. In such cases, we kindly request that you return the Hire Goods to us on the final day of the three-month hire period. If you don’t, you’ll be liable for any financial loss we incur. That said, if you do need to extend your hire period beyond three months, don’t worry! We’ll terminate the current contract at the end of the three months and reissue a new contract on the same terms for the extended period. Please note that no hire period will ever exceed three months.

2.3 We want to make sure you know that your statutory rights as a Customer are always protected, especially when you’re acting as a Consumer. We’ve marked certain provisions in the Contract with an asterisk (*) just to be extra careful. In the unlikely event that any of these provisions are deemed unenforceable, don’t worry, the rest of the Contract will still be valid and binding.

We encourage you to reach out to your local authority Trading Standards Department or Citizens Advice Bureau if you have any questions or concerns about your statutory rights. They’re always happy to help!

1. FAULTY GOODS AND/OR SERVICES

3.1 We want to make sure you know that when you’re dealing as a Consumer, we are committed to providing you with Goods and Services that meet the highest standards of quality and reliability. We take our legal duty to provide you with goods and services that conform to the contract between us very seriously.

1. PAYMENT

4.1 We want to make things as easy as possible for you. That’s why we’ve quoted you a fair price for any Deposit, Rental, monies for Sale Goods and/or charges for any Services you may require. If there are any conflicts, the price in the Confirmation will apply.

4.2.1 A Deposit of 30% of the value of the hire is required to secure the booking.

4.2.2 The balance (70% of the value of the hire plus 100% of the value of the transport) becomes due 28 days prior to the commencement of the hire.

4.2.3 The damage deposit becomes payable 7 days prior to the commencement of the hire.

4.3 We ask that you pay any Deposit, Rental, charges for any Services, monies for any Sale Goods and/or any other sums payable under the Contract within 14 days following the issue of the invoice. We know that sometimes circumstances can change, so if you need different payment terms, just let us know and we’ll work something out. Also, please note that VAT is not included in our prices and will be added on top of the total amount due.

4.4 We understand that making payments on time is important. That’s why we won’t consider payment to be made until we’ve received cash or cleared funds for the full outstanding amount.

4.5 (*) We hope it never comes to this, but if you fail to make any payment in full on the due date, we may have to charge interest on the amount unpaid. This is to help cover the costs incurred by us as a result of late payment. We’ll do our best to keep things fair and charge interest at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 or at the rate of 4% above the base rate from time to time of our bank, whichever is higher. Please note that all sums payable under the Contract, and under any other contract between us, will immediately become due and payable. We may also be entitled to recover all sums we would have been entitled to recover under the 1998 Act, including compensation charges.

4.6 (*) We want to make sure everything is clear and transparent. If you have any disputes regarding the Rental due as set out on an invoice, please let us know within 7 days of the invoice date.

4.7 (*) We appreciate your business and hope to make your experience as smooth as possible. That’s why we kindly request that you pay all sums due to us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.

4.8 If The Customer is a Consumer, we’ll charge interest on any sums not paid by the due date for payment at a rate of 2.5% above the base rate of the Bank of England.

4.9 To help make future rentals as easy as possible for you, we may store your credit card details on our secure customer account system. Rest assured that we’ll only use these details for future Rentals and to recover any costs, damages, or losses to which we’re otherwise entitled pursuant to these conditions.

4.10 If we have any equipment in our possession, we’ll hold it securely for the duration of any necessary quotation, service, and repair work. After we’ve completed the required work, we’ll make reasonable efforts to contact you for a one-month period. If we don’t hear from you during this time, we may have to dispose of or sell the equipment at our discretion. Please note that any monies arising from disposal, sale, or hire will be applied against any debt outstanding from you to us.

4.11 We want to be upfront about any charges that may arise. If you pay for your initial hire by credit card and decide to extend your hire, we reserve the right to charge your credit card with any unpaid charges arising from the additional hire. We’ll always inform you before we do this so there are no surprises.

1. RISK OWNERSHIP AND INSURANCE

5.1 Please note that the risk in the goods will pass to you as soon as they leave our possession or control, but we want you to feel confident that we will take all necessary precautions to ensure the goods are properly packaged and secure.

5.2 When it comes to Hire Goods, the risk will not pass back to us until they are physically in our possession again. This stands, even in the case of the contract being terminated/expiring, if the hire period has finshed or the Supplier has stopped charing for the rental.

5.3 We want to make it clear that ownership of the Hire Goods remains with us at all times, but we’re excited to offer these high-quality products for your use during the rental period.

5.4 Until ownership of sale goods is passed to you, we ask that you take special care of them, holding them on a fiduciary basis and keeping them in good condition.

5.5 Additionally, it’s important that you insure the goods for their full replacement price against all risks, to protect both you and us, ensuring cover starts from the moment the goods enter the care of the Customer, and does not end until they are returned back into the care of the Supplier.

5.6 We kindly ask our customers to refrain from engaging in any activities related to the ownership or interest of the Hire Goods. This includes a range of actions such as selling, assigning, mortgaging, pledging, charging, securing, withholding, exerting any right to withhold, disposing of. However, with our prior written consent, customers may re-hire the Hire Goods to a third party.

5.7 At an additional cost to the rental, we offer our customers reasonably priced insurance options to provide peace of mind and protection for the Hire Goods. Alternatively, we may request that the Customer insures the Hire Goods for specific, reasonable risks as specified by us. In any case, any proceeds from such insurance shall be paid to us on demand. We kindly request that our customers do not compromise any claims in respect of the Hire Goods and/or any associated insurance without our written consent.

1. DELIVERY COLLECTION AND SERVICES

6.1 We understand that collecting the Goods from us and returning the Hire Goods at the end of the Hire Period can be a hassle, so we offer delivery and collection services at our standard cost. Rest assured that we will take full responsibility for any risks associated with the transportation of the Goods.

6.2 To ensure a smooth collection process, we kindly request that you give us at least three (3) working days’ notice before the end of the Hire Period, if different from the agreed collection date. Until we collect the Hire Goods, you will remain responsible for their safekeeping.

6.3 We value our relationship with you and trust that you know best when it comes to directing our staff. However, please note that our employees, sub-contractors and/or agents are to be afforded the same courtesy and rights as your staff, whilst remaining in the employ of the Supplier. Therefore, you shall be liable for any damage that may occur as a result of their following your instructions, guidance, and/or advice except to the extent that they are found to be negligent by a court with jurisdiction to make such a finding.

6.4 We promise to respect your space and property. Please ensure that our staff have sufficient access, space, and utilities to carry out the Services. Also, kindly clear and prepare the site where the Services are to be performed, if applicable, before our arrival.

6.5 We always strive to deliver our Services to you on time. However, if any delays, postponements, or cancellations occur due to your failure to comply with your obligations herein, we may charge you additional standard fees for such inconvenience, except where you are acting as a Consumer and the delay is due to a Force Majeure event.

1. CARE OF THE HIRE GOODS

7.1 The Customer shall:

7.1.1 Treat our Hire Goods with care and respect, only using them for their intended purpose and in accordance with any operating and/or safety instructions provided or supplied to you.

7.1.2 Please do not remove any labels from the Hire Goods, their working mechanisms, or any other parts of them.

7.1.3 Notify us immediately if there is any loss, and/or damage to the Hire Goods.

7.1.4 Take adequate measures to protect the Hire Goods from theft, damage, fire, and/or other risks.

7.1.5 Keep us informed of any change of address, and provide details of the new location of the Hire Goods.

7.1.6 Permit us, at all reasonable times and upon reasonable notice, to inspect the Hire Goods, including procuring access to any property where the Hire Goods are situated.

7.1.7 Keep the Hire Goods at all times in your possession and control and do not remove them from the country where you or the Supplier is located without prior written consent from us.

7.1.8 Be responsible for the conduct and cost of any testing, examinations, and/or checks in relation to the Hire Goods required by any legislation, best practice, and/or operating instructions except to the extent that we have agreed to provide them as part of any Services.

7.1.9 Do not do or omit to do anything that you have been notified will or may be deemed to invalidate any policy of insurance related to the Hire Goods.

7.1.10 Do not continue to use Hire Goods that have been damaged and notify us immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property, and/or injury to any person.

7.1.11 Ensure that any employees, agents, or contractors that handle the Hire Goods are adequately and sufficiently qualified and trained in handling the Hire Goods.

7.1.12 The guidance provided by the Supplier prior to the hire period commencing, in relation to the care and handling of the Hire Goods must be followed exactly and any deviation must be approved by the on site Tent Supervisor at the time.

7.1.13 Ensure that a Customer appointed supervisor is present for any handling of the Hire Goods

7.1.14 Ensure that the Tent Supervisor is present for any handling of the Hire Goods.

7.2 We kindly ask that you:
7.2.1 Return the Hire Goods to us in the same condition; clean, free of any debris and in the same condition that they were in prior to the hire.

7.2.2 Ensure that the Hire Goods have been correctly loaded onto their designated stillage, as per the instructions provided in the Dry Hire Policy document, provided at the time of invoicing.

1. LOSS OR DAMAGE TO THE HIRE GOODS

8.1 We take pride in the quality of our Hire Goods, and we request that you take care of them as if they were your own. Please notify us if the Hire Goods are returned in a damaged, unclean, or defective state. If repairs or cleaning are necessary to return them to a condition fit for re-hire, you’ll be liable to pay the cost of those repairs plus an appropriate admin charge, as well as the rental until the repairs and/or cleaning have been completed.

8.2 In the unfortunate event that the Hire Goods are lost, stolen, or damaged beyond economic repair during the Hire Period, we’ll work with you to find a solution. You’ll be responsible for paying the new replacement cost for any Hire Goods less than twelve (12) months old from first registration or reimbursing us for any loss or costs suffered or incurred by us for any Hire Goods more than twelve (12) months old from first registration, less the amount paid to us under any policy of insurance and/or deposit in respect of the Hire Goods.

8.3 You’ll be liable to pay the rental for the Hire Goods up to and including the date you notify us that the Hire Goods have been lost, stolen, and/or damaged beyond economic repair.

8.4 We understand that the loss of rental income can be a significant expense, which is why we require a sum as liquidated damages equal to two thirds of the rental that would have applied for such Hire Goods during the Lost Rental Period. We’ll use our reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible once we’ve received payment from you under clause 8.2 above.

8.5 Please don’t attempt to repair the Hire Goods unless we’ve given you written authorisation to do so. We’ll take care of all necessary repairs and maintenance due to fair wear and tear or inherent faults.

1. CANCELLATION

9.1 If you cancel your booking and have already made payments in advance for Goods and/or Services that we have not provided, we will:

9.1.1 Refund 95% of your deposit paid if cancellation is made more than 30 days in advance of the commencement of the hire period;

9.1.2 Refund 50% of your deposit paid if cancellation is made less than 30 days but more than 14 days in advance of the commencement of the hire period;

9.1.3 Retain the deposit paid in full if cancellation is made less than 14 days in advance of the commencement of the hire period, and;

9.1.4 Charge an additional 20% of the total cost of the booking, minus delivery charges, for loss of business over the hire period, if cancellation is made less than 3 days before the commencement of the hire period.

9.2 If you cancel the Contract once we have begun to provide the Services, you will be responsible for all further costs reasonably incurred by us in ending the Service earlier.

9.3 If you are a Consumer and:

9.3.1 The Contract is for the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities; and

9.3.2 The Contract provides for a specific date or period of performance,

then you will not have a right to cancel the Contract without incurring any charge or liability to us.

9.4 If you cancel the Contract under this clause 9, you shall return any Goods which we have provided to you at your own cost, unless otherwise expressly agreed in writing.

9.5 You can cancel the Contract, which may be sent by email (to the addresses below).

9.6 Returns can be made to our warehouse, at Unit 4, Camwal Rd, St Philips, Bristol, BS2 0UZ.

9.7 You will be responsible for the cost of returning the items to us, and if you fail to do so, and we have to collect it from you, we will deduct the direct costs of doing so from your refund.

9.8 We will endeavour to refund any money received from you using the same method originally used by you to pay for the purchase. Bank details will need to be provided for return of funds via this method.

9.9 We may reduce any refund (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which damages the goods. If the refund is paid before we are able to inspect the Goods and it becomes apparent that you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.10 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

9.11 If the product is Services, we may deduct from any refund an amount for the supply of the Service for the period for which they were supplied, ending with the time when you inform us that you have changed your mind. The service may continue as appropriate, in order to complete the process of returning the goods to the warehouse. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

Please know that we are committed to ensuring a smooth and hassle-free experience for all of our customers, and we hope that you understand the need for these policies.

1. DEFAULT

10.1 If you breach the Contract or fail to make payment, we may have to exercise our rights under clause 10.2.

10.2 These rights include entering your premises to recover our goods, withholding or ceasing services, cancelling or terminating the Contract, and requiring immediate payment of all monies owed.

10.3 Any repossession of our goods will not affect our right to recover any monies owed or damages for any breach that occurred prior to repossession.

10.4 In the event of lost or damaged goods or failure to make them available for collection, we reserve the right to recover all costs, including the cost of replacement and recovery.

10.5 Upon termination of the Contract, please return the goods to us or make them available for collection by our representatives. We also ask that you pay any arrears or other sums owed under the Contract within 14 days of the invoice being issued.

We value your business and hope that this summary has been helpful. If you have any questions or concerns, please don’t hesitate to contact us.

1. LIMITATIONS OF LIABILITY

11.1 We guarantee that we will provide our services with reasonable skill and care, and our products will be of satisfactory quality, fit for their intended purpose, and conform in all material respects to their description.

11.2 This warranty is valid for six months from the date of hire or purchase (whichever is earlier), except for the sale of second-hand/ex-Hire Goods.

11.3 If we have provided you with goods, you warrant that you have inspected them and are satisfied that they are suitable for your needs. However, if we have breached our warranty in clause 13.1, you will not be in breach of this clause.

11.4 If we are liable for any loss or damage to your property, our liability will be limited to the retail cost of replacement of the damaged property.

11.5 We may ask you to return any defective goods to us for inspection before we have any liability for defective goods.

11.6 If you have not paid in full by the due date, we will not be liable to you.

11.7 We will not be liable for any additional damage, loss, liability, claims, costs, or expenses caused by your continued use of defective goods and/or services after a defect has become apparent.

11.8 We ask that you give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs or expenses in remedying the matter yourself.

11.9 If you have insurance, we may not be liable to you to the extent that you are covered by that policy. However, you remain liable for the goods regardless of any insurance in place.

11.10 We will not be liable for any indirect losses, such as consequential losses, loss of profits, income, or data, or wasted management or office time.

11.11 Our total liability to you under any contract will not exceed the amount paid by you for the rental or purchase of goods, in addition to charges for services, or £1,000 , whichever is higher.

11.12 The limitations and/or exclusions in this contract apply to each type of liability separately.

11.13 If you are a consumer, we are not liable for anything we were not aware of or could not have reasonably foreseen. However, we will always take responsibility for any harm caused by our negligence, fraud, or breach of statutory or common law duties.

11.14 Nothing in this contract restricts our liability for death or personal injury resulting from our negligence, fraud, breach of obligations implied by the Sale of Goods Act 1979, or defective products under the Consumer Protection Act 1987.

We hope that you find this information reassuring and want you to know that we value your business and are committed to providing you with the best possible service and products.

1. GENERAL

12.1 Even after the Contract ends, certain clauses will still apply to ensure that everything remains fair and above board.

12.2 Each hire of our Hire Goods is treated as a separate Contract, so you can rest assured that your specific needs are being taken care of.

12.3 We understand that your employees, agents, and subcontractors are an extension of your team, which is why they will be held accountable for any actions or omissions in relation to this Contract.

12.4 If you ever have any questions or concerns, please don’t hesitate to reach out to our friendly team via phone or email.

12.5 (*) We want to make sure that we are both protected, which is why we require that we are indemnified against any losses or damages that may arise due to any breach of the Contract, tortious/delictual act and/or omission, or breach of statutory duty on your part.

12.6 (*) We may occasionally source Hire Goods from a third party, but don’t worry – you won’t be held responsible for any Liability that arises from claims brought by that third party, unless it was a result of our own negligence or breach of the Contract.

12.7 (*) We take each provision of this Contract seriously, and while we hope to never have to use it, any breach of this Contract will be dealt with accordingly. However, if any provision is deemed unenforceable by a competent authority, the remainder of the Contract will remain in full force and effect.

12.8 We understand that sometimes unforeseen circumstances can arise, which is why we won’t be held liable for any delay or non-performance due to Force Majeure events. In these cases, we’ll work with you to ensure that everything is sorted as soon as possible.

12.9 We value our relationship with you, which is why we make it clear that no third parties will have any rights to enforce the Contract, the Contracts (Rights of Third Parties) Act 1999, unless we have there is an outstanding finance agreement with them in relation to the Hire Goods.

12.10 We want you to know that your rights won’t be impacted in any way if we transfer, assign, charge, or dispose of a Contract or any of our rights or obligations under it

12.10 We want you to know that the Supplier has the option to transfer, assign, charge or dispose of a Contract, including its rights and obligations, at any point during the Contract’s term. However, as the Customer, please rest assured that if you are a consumer, the Supplier guarantees that your rights won’t be impacted in any negative way due to this transfer, assignment, sub-contract or other disposition. Your satisfaction and peace of mind are important to us!

12.11 We may occasionally subcontract our obligations under the Contract, but rest assured that we will remain liable for the performance of our obligations to the same extent as if we had carried them out ourselves.

12.13 (*) We want to ensure that our agreement is crystal clear, which is why these terms and conditions, along with any Confirmation, supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between us.

12.14 (*) To avoid any misunderstandings, we want to make it clear that we won’t be held responsible for any statements, representations, assurances, or warranties that aren’t explicitly outlined in this agreement or any Confirmation.

12.15 We want to ensure that everything is handled fairly and in accordance with the law, which is why this Contract is governed and interpreted in accordance with UK law. Any disputes will be handled by the courts of that same country.

1. DATA PROTECTION ACT

13.1 We take data privacy very seriously and want you to understand how we collect, store, use, and share your personal information. You can find all the details in our privacy policy, which is available on our website at… INSERT PRIVACY POLICY

1. ADDITIONAL TERMS

14.1 We currently only accept orders from UK-based customers, but we’re always happy to consider exceptions on a case-by-case basis. Just get in touch!

14.2 When you place an order on our website, we want to make sure you’re legally able to enter into a contract and that you’re at least 18 years old.

14.3 On accepting the quote, you will be deemed to have placed your order, and an invoice for the Deposit, or full amount as appropriate, will be issued. Once you have made payment, that’s when our contract will be formed.

14.4 Our Contract will only relate to the goods that we’ve confirmed in the Order Confirmation. If you’ve ordered other goods that haven’t been confirmed in a separate email, we won’t be able to supply them to you.

14.5 If you’re collecting your goods, please make sure you do so as per the agreed schedule. A member of staff to be there to give you access to the hire equipment and facilitate your collection.. If you don’t, we may have to rearrange the collection, which may incur additional charges.

14.6 If we’re delivering your goods, they’ll be your responsibility from the time they’re delivered to your agreed delivery address, or from the time you collect them from our premises.

14.7 We may change our prices at any time, but once we’ve sent you a Confirmation email, the price for your order won’t change.

14.8 We’re only human, and sometimes we make mistakes. If there’s an obvious pricing error on our website, and you could have reasonably recognised it as an error, we won’t be able to provide you with the goods at the incorrect (lower) price.

14.9 We love to stay in touch with our customers and we’ll communicate with you mainly through email or by posting notices on our website. By using our website, you agree to receive all communications from us electronically, and you acknowledge that this complies with any legal requirements for written communication. Don’t worry, this won’t affect your statutory rights.

14.10 If you’re not happy with how we’ve handled your complaint, we’re here to help. As a consumer, you have access to alternative dispute resolution providers, and we’ll be happy to recommend one for you. Additionally, you can submit your dispute for online resolution through the European Commission Online Dispute Resolution platform.

We value your business and hope that this summary has been helpful. If you have any questions or concerns, please don’t hesitate to contact us.