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Standard Terms & Conditions of Hire

A. Definitions

“Customer” means the client entering into this agreement with Vagabond Stretch Tents and the signatory hereto;

“Vagabond Stretch Tents” means Vagabond Stretch Tents (Pty) Ltd, registration number: 2018 / 586574 / 07

1. HIRE OF GOODS AND SERVICES

1.1 Vagabond Stretch Tents goods and services include tent hire, rigging, décor, dance floors, sound equipment, lighting equipment as well as furniture and are subject to the terms and conditions of this Agreement.

1.2 By signature hereon, the Customer confirms his/her/its full understanding and unconditional acceptance of and the Customer acknowledges that the terms and conditions and all documents forming part of this Agreement have been drawn to the Customer’s attention.

1.3 The signatory hereto further acknowledges that he/she/it knows and understands the full meaning and effect of this clause.

2. QUOTE

2.1 On receipt of an enquiry, Vagabond Stretch Tents will issue a quote to the Customer.

2.2 The quote is valid for 14 days from day of issue and is subject to a site inspection and availability of goods (at the sole discretion of Vagabond Stretch Tents)

2.3 The quote is based on using either 1.2m (30mm) or 1.0m (25mm) pegs to anchor the tents (depending on the condition of the site’s ground surface i.e. loose, wet etc.). Other rigging techniques are quoted separately.

2.4 Any subsequent alterations to the quotes must be made in writing (letter, email, or SMS) and signed/acknowledged by both parties.

2.5 Upon signature of the quote by both parties, the terms and conditions become binding.

2.6 The quote excludes the costs for engineer’s report and any other permits needed by the Customer for the event.

2.7 An engineer’s report, as well as necessary permits and authorisations, may be provided by Vagabond Stretch Tents if so requested and the amount thereof will subsequently be included in the quote.

3. DEPOSIT

3.1 A 70% deposit of the total amount, as stipulated in the quote, is to be paid by the Customer on signature of the quote in order to secure the rental.

3.2 The amount of deposit paid may be determined by Vagabond Stretch Tents at their sole discretion if the time periods do not conform to time periods as stipulated in Clause 5 below.

4. PAYMENT OF FULL PRICE OF QUOTE

4.1 Only cleared EFT payments, cash or bank guaranteed cheques will be accepted.

4.2 Delivery of goods and services shall not commence until the Customer has paid the balance and the payment reflects in Vagabond Stretch Tents bank account.

4.3 Should Vagabond Stretch Tents waive the payment of the balance and elect to install the goods prior to payment, this will be at the sole discretion of Vagabond Stretch Tents and shall be done without any prejudice of any of Vagabond Stretch Tents’ rights in terms of these terms and conditions.

5. CANCELLATION, NON-PAYMENT AND REFUNDS

5.1 Should the Customer, for any reason, cancel the hire of goods and services:

5.1.1 0 to 7 days preceding the date of hire, the Customer will forfeit 100% of the deposit paid;

5.1.2 8 to 21 days preceding the date of hire, the Customer will forfeit 50% of the deposit paid;

5.1.3 more than 21 days preceding the date of hire, the Customer will be refunded the entire deposit paid less reasonable expenses incurred by Vagabond Stretch Tents.

5.2 If the balance of payment is not received on due date the Customer shall forfeit 100% of the deposit paid.

5.3 If the Customer does not fulfil any of its obligations, Vagabond Stretch Tents may:

5.3.1 Cancel this agreement and retain the deposit, or

5.3.2 Grant the Customer a credit against future rentals, or

5.3.3 Use its discretion to compromise.

6. THE SITE, PERMITS AND ITS ACCESS

6.1 The Customer must obtain all necessary permits, approvals, usage consent, licenses for access, installation and performance of Vagabond Stretch Tents services on the site.

6.2 The Customer must advise Vagabond Stretch Tents in writing that all such permits have been obtained. Should the Customer fail to provide such advice and instruct Vagabond Stretch Tents to proceed with such installation, it will be accepted for all legal purposes that the appropriate permits are obtained.

6.3 The Customer or its principal/s, its suppliers, and/or vendors will not hold Vagabond Stretch Tents liable for damages or liabilities occurring as a result of the appropriate approvals not being obtained.

6.4 The Customer will allow Vagabond Stretch Tents access to the site, at reasonable times and by mutual consent to: – access and inspect the site- compile or amend a quote- deliver/collect all the goods and services as agreed

6.5 The Customer must ensure that:

6.5.1 The site is easily accessible to standard vehicles and has sufficient unloading space;

6.5.2 Vagabond Stretch Tents or its staff are advised of the layout of any underground cables, water pipes and irrigation systems prior to the job commencing. The Customer will not hold Vagabond Stretch Tents responsible for any claim whatsoever as a result of damages to underground cables, pipes or irrigation systems.

6.6 Should the site or its access not be suitably prepared as agreed Vagabond Stretch Tents reserves its right to:

6.6.1 Re-quote the Customer, or

6.6.2 For safety or feasibility issues, cancel the agreement.

6.7 After the goods have been removed, the Customer will restore the site at their own cost.

6.8 Any damages claims against Vagabond Stretch Tents will only be able to be lodged against Vagabond Stretch Tents within 7 days after the event where after Vagabond Stretch Tents will investigate such claim. Claims submitted thereafter by the Customer will be repudiated and Vagabond Stretch Tents will accept no further liability.

7. SUBSTITUTION OF GOODS

7.1 Vagabond Stretch Tents will attempt at all times to deliver the specified goods and services.

7.2 In the unlikely event that Vagabond Stretch Tents is unable to deliver the goods and services for reasons beyond its control:

7.2.1 Vagabond Stretch Tents will inform the Customer prior to the event and erect or supply goods similar in size and specification to those referred to in the quote, or

7.2.2 Inform the Customer of the cancellation of the Agreement and refund any deposit or other monies paid by the Customer, and

7.2.3 In the above circumstance the Customer may not institute any claims against Vagabond Stretch Tents.

8. CUSTOMERS DUTIES AND CARE OF VAGABOND STRETCH TENTS’ GOODS

8.1 The Customer agrees to:

8.1.1 take reasonable care of the Goods;

8.1.2 only use the Goods for their intended purposes;

8.1.3 not to specifically interfere with their working mechanisms;

8.1.4 take adequate and proper measures to protect the Goods from theft, damage and/or other risks;

8.1.5 not make alterations, move, de-erect (breakdown) the structure, or make structural changes to any of the Vagabond Stretch Tents Goods in any way without the prior written consent of Vagabond Stretch Tents;

8.1.6 not do or omit to do anything which will or may be deemed to invalidate any policy of insurance related to the Goods as notified to the Customer by Vagabond Stretch Tents;

8.1.7 permit Vagabond Stretch Tents at all reasonable times to inspect the Goods.

8.2 In the above circumstances where the Customer is non-compliant, the Customer shall be responsible for:

8.2.1 all expenses, losses (including Charges), and/or

8.2.2 all damages suffered and incurred by Vagabond Stretch Tents.

9. RISK, AND OWNERSHIP

9.1 Ownership of the Goods remains at all times with Vagabond Stretch Tents.

9.2 Risk in the Goods shall pass immediately to the Customer when they leave the physical possession or control of Vagabond Stretch Tents. The Goods will leave the possession and or control of Vagabond Stretch Tents the moment the installation is completed, and the indemnity form is signed by the Customer or the moment the goods are left at the premises by order of the Customer.

9.3 Risk shall remain with the Customer until such time as the Goods are back in the physical possession of Vagabond Stretch Tents, even if Vagabond Stretch Tents has agreed to cease charging for the Goods and Services.

9.4 The Customer must keep the Goods free from legal attachment and will notify any third party of the ownership thereof vesting in Vagabond Stretch Tents at all times.

9.5 In the case of the goods being lost or stolen while in the possession of the Customer, the Customer shall pay Vagabond Stretch Tents the full replacement costs of such losses together with the agreed costs for the delivery of the goods and services. The Customer is therefore responsible for taking out a policy of insurance for lost or stolen goods. The replacement costs of the goods vary. Vagabond Stretch Tents will therefore provide to the Customer the relevant replacement costs within 14 days from the loss and the Customer will pay the quoted amount within 21 days from receipt of the quote from Vagabond Stretch Tents.

9.6 Should the Customer for any purposes herein claim for any loss from any instance company, the Customer will remain responsible for payment of any such claim amount even though not paid out by the insurance.

9.7 In the case of the goods being damaged while in the possession of the Customer, the Customer will pay the full replacement/damages costs of the Goods. If damages occur as a result of a Force Majeure (Act of God) then the Customer shall not be held liable for damages. In the event that the Customer has paid for a policy of insurance offered by Vagabond Stretch Tents, the Customer shall not be liable for such damages costs or claims.

10. FORCE MAJEURE

10.1 In the event of circumstances arising from adverse weather conditions (wind, rain, fire, flooding), industrial unrest or a Force Majeure (Act of God) occurring, Vagabond Stretch Tents reserves all its rights to determine whether it is possible and/or safe and/or advisable to install the Goods and/or carry out the Services at the Site and/or allow the Goods to remain installed at the Site.

10.2 In the above circumstance the Customer shall:

10.2.1 be responsible for arranging their own event insurance;

10.2.2 not hold Vagabond Stretch Tents liable for any delay, defective services, or non-performance under this Agreement as a result of a Force Majeure;

10.2.3 have no claim against Vagabond Stretch Tents in respect of such cancellation;

10.2.4 be responsible to arrange an alternative venue for the event

10.3 In the above circumstance Vagabond Stretch Tents shall:

10.3.1 retain the right to cancel this agreement;

10.3.2 be entitled to recover its reasonable costs incurred in attempting to install the Goods and/or carry out the Services in terms of this Agreement.

11. INDEMNITY

11.1 The Customer hereby indemnifies and holds Vagabond Stretch Tents and its representatives, agents, employees, subcontractors and/or servants harmless from and against any and all loss, damage or liability (whether criminal or civil) suffered (and legal fees and costs incurred) by Vagabond Stretch Tents and its representatives, agents, employees, sub-contractors and/or servants arising directly or indirectly from this Agreement, including but not limited to those arising from:

11.1.1 the Customer’s possession and use of the Goods;

11.1.2 damage to or a failure to restore the Site to the condition that it was in prior to delivery of the Tents;

11.1.3 damage to underground, surface or overhead cables and installations (whether their location has been pointed out to Vagabond Stretch Tents or not);

11.1.4 Vagabond Stretch Tents’ late, defective and/or nonperformance of its obligations to the Customer;

11.1.5 Vagabond Stretch Tents’ negligence;

11.1.6 the failure of the Customer to obtain any approvals and/or consents and/or licenses in terms of clause 6.1 above; and Force Majeure.

11. GENERAL

11.1 Any changes to this agreement may only be by mutual consent, signed and recorded in writing (letter, email or SMS).

11.2 The parties choose the addresses set out in this Agreement for receiving legal documentation and this Agreement shall be governed by the laws of the Republic of South Africa.

11.3 Should any dispute, disagreement or claim arise one party shall invite the other in writing to a meeting to resolve the dispute amicably within seven (7) days from the date of the written invitation.

11.4 In the event that any legal action is required in enforcing any conditions or terms as contained herein, the defaulting party will be liable to the other party, all legal costs as on the scale between attorneys and own Customer, which tariff will be a surcharge of 100% on either the Magistrate Court Cost Scale, or the High Court Cost Scale, together will all expenses incurred, which may include tracing costs, appointment of any experts and collection commission of 10% of any payment.

11.5 If the dispute has not been resolved by such negotiation, the parties may submit the dispute to mediation administered by the Arbitration Foundation of Southern Africa (hereinafter referred to as AFSA), upon the terms and conditions set by AFSA.

11.6 In the absence of a separate contract being signed by both parties then the Vagabond Stretch Tents standard terms and conditions will apply at www.vagabondstretchtents.co.za. No other terms will apply.

BY ACCEPTANCE OF ANY QUOTE, THE CUSTOMER CONFIRMS TO HAVE READ, UNDERSTAND AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS AND BY THE QUOTE, WHICH ARE INCORPORATED IN AND FORM PART OF THE AGREEMENT.

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