STANDARD TERMS AND CONDITIONS FOR THE HIRE OF FANCY DRESS COSTUMES
This document details the Terms and Condition under which Masquerade of 8 Langley Road Watford Herts ("the Owner") agrees to let on hire to the Hirer named overleaf the goods listed overleaf.
1. COMMENCEMENT
1.1 The hiring shall begin on the date shown overleaf and shall continue for the period specified overleaf unless otherwise determined as provided in this Agreement.
1.2 At the end of the noted Hire Period the Hirer shall immediately return the Goods to the Owner at the address above. If the Hirer fails to do so:
1.2.1 the Owner shall be entitled to retake possession of the Goods; and
1.2.2 the Hirer shall on demand pay to the Owner additional rental in respect of the Goods, at the same rate of the hire charge, for each 24 hour period or at such increased rate as may be specified for each week or part week from the date of expiry of the Agreement to the date of repossession.
2. PAYMENT
2.1 The Hirer shall pay on time to the Owner the charge set out overleaf
2.2 Once the Hirer removes the Goods from the Owner's premises the Hire Fee cannot be refunded.
3. DEPOSIT
3.1 The payment of a deposit is always required before the Goods leave the Owner's premises.
3.2 The Owner shall be entitled to withhold, deduct or set off any amounts due to them (from the Hirer) from the deposit including but without limitation, as a result of non payment, loss or damage to the Goods and Goods being returned after the due return date.
3.3 Where the amount to be deducted is in excess of the deposit, the Owner shall notify the Hirer in person for immediate settlement, or at the address stated overleaf by the Hirer.
4. INTEREST
4.1 Interest shall be payable by the Hirer on:
4.1.1 overdue installments;
4.1.2 all other sums payable or which become payable under this Agreement which are unpaid; from the due date to the date of payment at a rate of 4% above the Lloyds Bank base lending rate for sterling from time to time prevailing.
4.2 Any interest payable under sub clause 4.1 above shall run from day to day and shall be accounted for after as well as before any judgements.
5. INSOLVENCY
In the event of the Hirer becoming insolvent or committing an act of bankruptcy this hiring shall come to an end without notice and the Goods shall no longer be in the Hirer's possession with the consent of the Owner and the Owner shall be entitled to enter upon the Hirer's premises or any other premises where the Goods are held in order to retake possession of the Goods. All costs and expenses reasonably incurred in connection with such recovery shall be paid by the Hirer.
6. COVENANTS OF THE HIRER
6.1 The Hirer agrees with the Owner as follows:
6.1.1 to be solely responsible for the Goods to their full replacement value at all times from the moment the Goods leave the premises of the Owner until their return to the Owner's premises or as it shall direct;
6.1.2 to take proper care of the Goods and responsibility for all loss and damage to the Goods howsoever caused during the period of hire.
6.1.3 to be responsible for the delivery of the Goods from and to the Owner's premises. The Hirer remains responsible for delivery where the Owner makes arrangements for delivery as agent on behalf of the Hirer.
6.1.4 to use the Goods for the purpose expressly indicated to the Owner at the time of the order and not for any other purpose except by agreement with the Owner.
6.1.5 not to damage the Goods or permit them to be damaged in any way;
6.1.6 not to make any amendments, modifications or additions to the Goods or alter them in any way;
6.1.7 to permit the Owner and any person duly authorised by him at all reasonable times to inspect the Goods and for the purposes of carrying out the same, to have access to any premises where the Goods may be situate;
6.1.8 to keep the Goods at all times in his possession and control and not to remove or permit the removal of the same from the UK without the consent in writing of the Owner;
6.1.9 to notify the Owner immediately of any change of address and, upon the request of the Owner, to notify the Owner of the location of the Goods;
6.1.10 to notify the Owner immediately of any loss, or damage to the Goods and to pay the Owner the full cost of the replacement or repair of the Goods.
7. TERMINATION
7.1 Upon termination of this Agreement:
7.1.1 the Hirer shall return the Goods in good condition to the Owner at the Address specified above or to such other place as the Owner shall appoint
7.1.2 in the event of the Hirer failing to comply with clause 7.1.1 above, the Owner shall be required without notice to take repossession of the Goods
7.1.3 the Hirer shall pay to the Owner on demand:
7.1.3.1 all arrears of rentals, interest and any other sums payable under this Agreement up to the date of termination:
7.1.3.2 the cost of all repairs required to be done to the Goods in order to put them in good condition.
8. RETENTIONS
In the event that the Owner agrees to retain for the Hirer particular Goods until a specified date, the Hirer agrees to pay the retention charges agreed between the Owner and the Hirer. In the event that the Hirer does not collect the Goods for any reason, on the specified date, the retention charges cannot be refunded.
9. LIABILITIES
Upon the return of the Goods, the Owner will as soon as practicable check the goods. The decision of the Owner as to the accuracy of the checking in procedure is final and binding on the parties. Any discrepancy will be communicated to the Hirer as soon as practicable.
10. FORCE MAJEURE
The Owner shall not in any way be liable for any loss arising directly or indirectly by events over which the Owner has no control including but no limited to, act of God or the Queen's enemies invasion exceptionally inclement weather strikes whether official or unofficial lock-outs or civil commotion or prohibitions imposed by Law or any Government or competent Authority including also neglect or default on the part of third parties or from any consequential damage or loss resulting from such delay in or failure of delivery or otherwise.
11. GENERAL
11.1 These terms and conditions shall form the basis of the entire Agreement between the parties and no variations or additions shall be made unless agreed between the parties in writing.
11.2 This Agreement shall be deemed to have been made in England and shall be governed by English Law