1
Design Matters (Furniture Hire) Ltd (hereinafter called 'the Company') shall
hire furniture and fittings (the 'hire furniture') to the hirer named on
the order
form
('the
Hirer')
only
on the following terms and conditions.
2.1
The Hirer is solely responsible for the hire furniture and is required to insure
against all risks including but not limited to the full replacement value of the
hire furniture. The period of insurance must include 5 days prior to the first
day of the hire period set out on the order form and at least 5 days after its
conclusion. Only when all the hire furniture has been returned and accepted back
by the Company will the hire period be deemed to end.
2.2
The hire period shall commence on the day set out on the order form or the day
of delivery which ever is the sooner.
2.3
The Hirer undertakes to keep the hired goods in good order and condition and to
return all of them to the Company in such order and condition. In the event of
any article being damaged and requiring repair the hirer will pay the full cost
of such repair.
3
Prior to commencement of hire the Hirer may have to pay a deposit to the Company
in the sum specified on the order acknowledgement as security of the performance
of the Hirer's obligations hereunder.
4.1
The Company will endeavour to deliver and collect the hire furniture at the time
indicated by the Hirer but will not be liable for any loss (including indirect
contingent or consequential loss) damage costs claims or expenses incurred should
any delay or delivery failure occur due to circumstances beyond its control including
but not limited to transportation disputes or shortages of labour.
4.2
It is the duty of the Hirer to provide a duly authorised representative at the
site to accept the Hire furniture and to give a written receipt of their safe
delivery. If the Hirer fails to provide for this the hirer shall be deemed to
have given a receipt for their safe delivery and shall be precluded from disputing
delivery of the hire furniture in good condition and the Hirer will be deemed
to have accepted the delivery and these conditions.
4.3 It is the duty of the Hirer to provide at the site of hire a duly authorised
representative to sign a written confirmation of the items returned to the Company
on termination of hire. If the Hirer fails to provide for this he will not be
permitted to dispute subsequently the number and/or condition of the goods returned
to /collected by the Company on termination of hire.
4.4
If the Company is due to collect the hired furniture it will do so as soon as
practicable after the close of the exhibition. Until the Company collects the
furniture it remains the responsibility of the Hirer.
4.5
No liability shall attach to the Company for loss or damage to customers own goods
howsoever caused.
5.1
Fourteen days notice of a cancellation is required before hire commencement in
writing to the Company to avoid a full rate charge for the whole of the hire period.
5.2 At the discretion
of the Company a charge of not less than 25% of the total quoted hire charge may
be made in respect of cancelled orders. If a cancellation is made after the hire
furniture has been delivered to the site the Hirer will be invoiced for the full
hire charge.
5.3
The Hirer shall pay the Company the amount set out on the invoice before the payment
date specified on the invoice. Should the Company not receive payment in full
within this time the Hirer shall be liable to pay interest on the late payment
at 2% over the base lending rate of Lloyds Bank plc
6.1
If any items of hire furniture are not returned by the Hirer to the Company at
the end of the previously agreed hire period or within 7 days of a written demand
from the Company, the Company reserves the right to make a written demand for
and the Hirer shall pay a compensation payment which is equal to the current replacement
retail value of the furniture which has not been returned. In addition a loss
of hire charge not exceeding 12% per day of the retail value of the missing furniture
will be paid by the hirer should the Company not receive payment within 10 days
of the written demand.
6.2 The period of hire ends only when each item comprised in the requisition has
been accepted in writing by the Company.
6.3
It is the responsibility of all Hirers to ensure that all equipment should be
emptied of all personal belongings as no responsibility can be accepted for their
safe custody.
7.1
Subject to clause 7.2
below the Company does not accept any liability for any damage or injury to goods
or persons caused by the misuse of the hire furniture.
7.2
The Company accepts liability for injury or death to persons arising out of its
negligence.
8
The hire charges shown in the Catalogue are for the duration of a single exhibition/event
not exceeding ten days. Longer hire periods and overseas hire arrangements
can be negotiated.
9
It is the Hirer's responsibility to ensure that all hired electrical goods are
connected to the correct power lines.
10.1
Without prejudice to clause 7.2 above the Company does not accept any liability
for any loss or damage (including indirect contingent or consequential loss) costs
claims or expenses suffered or incurred by the hirer or by any third party arising
out of or in connection with the hire, delivery, use or misuse, non use, collection
or return of the hire furniture or any part thereof.
10.2
Subject to clause 7.2 above the Hirer shall fully indemnify the Company in respect
of all claims costs and charges caused by or arising out of the hire furniture.
10.3 Subject
to clause 7.2 above in the event of the Company being found liable whether under
the terms of this Agreement or at common law or in any other way for loss damage
or injury arising out of the hire furniture the Company's total liability shall
not exceed the total hire charge referred to on the Company's invoice.
11.1
Without prejudice to any of its rights the Company may terminate or suspend the
hire of hire furniture to the Hirer without notice and recover possession of the
hire furniture if the Hirer: a) is in breach of any of the provisions of these
terms and conditions; or b) presents or allows to be presented an application
for an interim order or a petition for bankruptcy within the meaning of the Insolvency
Act 1986 or allowing a levy against the hirer of any distress execution; or c)
the hirer enters into or attempts to enter into a composition with creditors or
goes into liquidation; or d) a receiver or administrator is appointed in respect
of the hirer's assets or any of them or a meeting whether formal or informal is
called of the hirer's creditors.
12
Any waiver by the Company of any breach by the hirer of these terms and conditions
is limited to the particular event. No delay to act on a particular breach by
the Company shall be deemed to be a waiver.
13
These terms and conditions govern the hire of hire furniture to the exclusion
of any other oral or written agreement. No notification of these terms and conditions
shall be effective without the prior written consent of the Company.
14
These terms and conditions shall be governed and construed and shall take effect
in accordance with the Laws of England and shall be subject to the exclusive jurisdiction
of the English Courts.
15
The Company may assign the benefit of its contract with a hirer at anytime after
giving written notice to the hirer. The hirer may not assign this agreement without
the prior written consent of the Company.
16
Instructions of the Hire (different from those on the requisition) cannot be carried
out, unless given in writing to the Company 14 days prior to action required and
accepted by the Company in writing.
17
The Company is only hiring out goods and will under no circumstances sell any
items to the hirer.
18
Transport is negotiable according to the venue.
19
The Company reserves the right to alter ranges, specifications and prices of any
products offered for hire in its catalogue and all are offered for hire subject
to availability and the Company shall not be bound by any order placed by the
hirer until it has notified the hirer in writing of its acceptance.
20
The Company reserves the right without prior warning to make substitutes of a
reasonably similar quality for items that are unavailable.
21
For non-account customers 100% of the agreed price must be forwarded with
the
Hirer's order, cheques made payable to Design Matters (Furniture Hire) Ltd.
22
Any complaints that may arise must be submitted in writing while this hire furniture
is in use at an exhibition / event to ensure that they are fully investigated
on site.
23
All dimensions quoted are in millimetres and are approximate.
24 All images remain copyright of The Company and cannot be copied or reproduced without the expressed written permission of The Company.
25 The chairs/stools have been designed for a maximum loading of 100 Kilos. Do not exceed this weight. Do not stand on the
furniture or use as a step ladder.
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