Kylah Group Terms and Conditions

The following conditions apply to the hire of any items or any other piece of equipment by us, Kylah Group Ltd, to you, the customer.
In these conditions, the word 'equipment' includes any item hired by us to you. The terms of these conditions can only be altered with our written agreement.
No condition contained in any booking form or other communication by you which is inconsistent with any of these conditions will be deemed to have been accepted unless we have agreed to your condition in writing.

Acceptance of Quotation

No binding contract will exist until you have accepted our quotation in writing and paid the required deposit and we have issued you with a written acknowledgment of your acceptance. Quotations remain valid for 14 days from the date stated, unless otherwise agreed, provided that the equipment is still available.

Basis of Quotation

All quotations are made subject to the following understandings:

Hire charge quotes for furniture and other equipment do not include setting up, dismantling or placing.
Period of hire means the period for which the equipment is required to be ready for use.
The size and surface of the site are suitable for erection of the gazebo
You have informed us of any drains, pipes, cables or other obstacles which might affect the site. You should note that you are responsible for repairing and making good any damage caused to the site by erection or dismantling of any equipment.
The site must be cleared of all obstacles prior to delivery of our equipment. If we must move any obstacles, we will not be held liable for any damage as a result of this.
You will be liable for any additional costs or charges of Kylah Group Ltd if extra work or equipment outside the terms of a quotation is required, or the equipment is required or used for any period outside the period of hire. These charges will be invoiced to the client in question.

2. Order Confirmation and Amendments

Only those items listed on customer quotations/invoices will be delivered.
It is contingent upon the client to ensure that all goods / services ordered appear correctly on the order list as required. ONLY items which appear on the order list will be delivered. Any amendments must be made prior to the order being dispatched. Please ensure your order list is correct and complete as it will not be possible to amend your order once it has been dispatched.
All changes to existing orders must be in writing and will only be agreed once written confirmation is received by the client.

3. Payment

A deposit for the total hire invoice must be paid prior to ourselves acknowledging the booking.
A further deposit (fully refundable) will be required against loss or damage to equipment.
The balance of the hire charge shall be payable in full prior to the date of delivery and/or set up.

Cancellation.

In the event that you cancel the contract, any deposit that you have paid shall be forfeit. In addition, you will be liable to pay the following percentage of the hire charge quoted dependent on the period of notice given prior to date of commencement of the hire.
The deposit shall be deducted from the percentage payable.

Period of Notice

Percentage of the Total Hire Charge
More than 90 days 25% or deposit paid, whichever is the greater
61 to 90 days 45% or deposit paid, whichever is the greater
31 to 60 days 60% or deposit paid, whichever is the greater
8 to 30 days 75% or deposit paid, whichever is the greater
Up to 7 days 100%

All cancellation charges will be invoiced to the client as applicable.

Delay

We shall not be liable for delay or failure to complete any contracts as a result of:

The site being unsuitable or access being unavailable on the date stated for delivery
Adverse wind or weather conditions
Loss or damage to equipment by fire or flood
Any industrial dispute, lock-out or strike
Any cause outside our control including traffic congestion
Grass sites which have not been cut

Non-availability/supply of Equipment

If for reasons beyond our control any item of equipment booked is not available for the period of hire, we reserve the right to substitute an alternative size of gazebo or other equipment to meet, as near as possible, your requirements. If we do so you will not have any claim against us. In the event that we cannot substitute suitable alternative sizes of equipment we shall notify you of cancellation of the contract in which event any deposit or other monies paid by you will be refunded immediately, but otherwise no claim shall lie against us.
Hire goods provided by Kylah Group Ltd may in certain circumstances differ slightly from the photo images shown on our website, although every effort will be made to provide the goods as displayed in photo form on our website. We reserve the right to substitute articles of a similar nature.

Delivery from Site and Collection from Site

You must have the site available and in a suitable condition for the setup and collection of the equipment at the time stated for delivery and collection. You should either be available personally or have a representative available at the site at the time stated for delivery and collection.
You must check equipment delivered and sign the appropriate Delivery Note. If you are not present and do not have a representative at the site at the time of delivery:

You will be deemed to have accepted and received delivery of the items specified in the Delivery Note
We will erect any gazebo(s) in such a manner and location as we consider appropriate provided that we shall follow in so far as possible any plan supplied by you.
We will deliver and place the equipment in a location we consider appropriate.

An accepted and received delivery confirms that the client is satisfied that goods/services have been delivered/setup to a safe and acceptable standard.
If you require us to move any equipment already delivered for any reason you will be liable for an additional charge. If we are required to redeliver or collect as a result of you or your representative not being available at the delivery time or collection time arranged by Kylah Group Ltd, you will be liable for an additional charge.
Charges will be incurred for any additional journeys over and above the standard delivery and collection service.
Equipment shall be supplied in full working order. Should the hirer encounter difficulty in operating the equipment, Kylah Group Ltd will not be held responsible for rectifying any problems whilst in possession of the hirer.
Any inaccuracies in the measurements, calculations and/or other information provided by the hirer shall not be the responsibility of Kylah Group Ltd. Full charges will apply even if the equipment cannot be setup. Kylah Group Ltd will not be obliged to carry out any additional work as a result of these inaccuracies. Full charges will apply for time taken for remedial work and extra journeys for any additional work it does agree to carryout.
The above additional charges will be deducted from the cardholder’s debit/credit card as applicable.
In the event of wind gusting regularly at 35mph or more, Kylah Group Ltd reserve the right to charge the client for extra staffing on site as required.
Event Carpet - Please note that the carpet will be removed from the grass or hard floor, rolled up and left on site for the client or user to dispose of.

Parking

It is the responsibility of the client to ensure that suitable parking arrangements are made for both delivery and collection of goods. All parking fines incurred will be charged to the client in full + the current rate of VAT.
Kylah Group Ltd reserve the right to charge an additional fee in respect of sites deemed to be awkward or overly time consuming for delivery, collection and/or setup.
Additional delivery and collection charges will be deducted from the cardholder’s debit/credit card as applicable.

Ownership

All equipment hired remains at all times the sole property of Kylah Group Ltd. You may not sub-hire or part with possession of the equipment and you may not allow any lien or encumbrance to be created over the equipment.

Care of Equipment

You are responsible for and shall indemnify us against any loss of or damage to all hired equipment whatsoever the cause.
If required, you must provide to us proof of having arranged insurance in your name for the hired equipment at least 7 days prior to the delivery date of the equipment, as applicable.
Deliveries left at premises unattended are left at the Hirer’s risk.
Catering equipment may be returned soiled, in which case a washing up charge of 20% of the hire price will be levied.
Damage, shortages, and breakages will be charged at full replacement cost.

Limitation of Liability

In the event that we fail to fulfil any terms of the hire contract our liability is limited to refund or cancellation of any hire charges. Under no circumstances shall we be liable to you for any indirect, special or consequential loss or damage (whether for loss or profit or otherwise) cost expenses or other claim for compensation whatsoever whether caused by the negligence of ourselves, our employees or agents or otherwise which arise out of or in connection with the hire of the equipment and our entire liability under and in connection with the hire contract shall not exceed the amount of hire charges. This condition shall not apply to death or personal injury caused by our negligence.
Kylah Group Ltd will only reimburse the cost of hire of equipment that is found by us to be faulty or inadequate and will not be responsible for any other costs incurred by the faulty or inadequate equipment.

Insolvency of Customer, etc

If you become insolvent or are made bankrupt or come to any arrangement or scheme with your creditors, or, if you are a company, you have a liquidator, receiver or administrator appointed or if you breach any of these conditions then we may cancel the hire contract immediately and remove any equipment delivered.

Smoking in Enclosed Public Places

Responsibility for complying with the Public No Smoking Law rests with the customer for the duration the gazebo is erected.

Health and Safety

In extreme wind conditions the marquee sides should be left open to reduce wind resistance on the marquee. Should wind conditions be a cause for concern clients must telephone Kylah Group Ltd immediately.
Gas appliances should not be used below ground level and only used in a well-ventilated area.
Kylah Group Ltd will not take any responsibility for damage caused by use of goods and equipment hired. Particular attention should be paid to surfaces on which water boilers, burner rings, hot plates, hot cupboards, and bain maries are standing.
Under no circumstances should the clients permit any persons to “camp” (sleep) in any structure supplies by Kylah Group Ltd where any gas appliances might be present.
It is the client’s responsibility to ensure that the expulsion of all gases from the client’s premises, including boiler flues and central heating systems, will be directed in such a way as to avoid accumulation of gases in the marquee structure, or the relevant appliance switched off.
An accepted and received delivery confirms that the client is satisfied that goods/services have been delivered/setup to a safe and acceptable standard (refer to section 8).
In the unlikely event of extreme weather conditions, Kylah Group Hire Ltd does reserve the right to cancel any contract which it considers the weather conditions might pose a risk to health and safety and/or property. Kylah Group Ltd shall not be held liable for any costs incurred by the cancellation.