01 / DEFINITIONS.
In this document the following words shall have the following meanings:
1.1 “Goods” means the vintage crockery and other items as is agreed between us in writing from time to time;
1.2 “Hire Period” means, in respect of the Goods, either:
(i) a period of four days from the date that the Goods are delivered; or (ii) such other period as is agreed by us in writing; and
1.3 “Services” means the services provided by us to you as agreed between us in writing from time to time.
02 / TERM AND USE.
2.1 We, The Vintage Table, agree to hire the Goods to you for the Hire Period and provide the Services to you on the terms and conditions set out in this agreement.
2.2 We shall use reasonable skill and care when hiring the Goods and providing the Services to you.
2.3 The Goods shall at all times remain our property.
03 / DELIVERY AND RETURN.
3.1 Unless we agree otherwise, we will deliver the Goods to and collect them from you.
3.2 Prior to delivery, we shall ensure that the Goods subject to hire are in good condition.
04 / HIRER'S OBLIGATIONS.
4.1 check the Goods upon delivery or collection and report any missing or damaged items;
4.2 ensure that the Goods are stored securely;
4.3 return the Goods in the same condition as when they were supplied to you;
4.4 inform us immediately of any accident involving the Goods resulting in injury to persons or damage to property;
4.5 inform us immediately of any loss, theft or damage to the Goods;
4.6 assist us and our insurers as far as reasonably possible where there is any loss, theft or damage to the Goods, including reporting any theft to the police;
4.7 not sell or offer for sale, assign, mortgage, pledge, re-hire or lend the Goods to any third party;
4.8 not repair the Goods without our prior written consent; and
4.9 ensure that the Goods are adequately insured: (i) against any risks involved in the use of the Goods such as personal injury or death; and (ii) for any loss or damage to the Goods.
05 / FEES AND PAYMENT TERMS.
5.1 The Goods will be hired and Services will be provided to you for the fee agreed between us in writing from time to time (the “Fee”).
5.2 A booking deposit of 50% of the Fee is payable when you place the order for Goods and Services (the “Booking Deposit”). Your order for Goods and Services shall not be confirmed until we have received the Booking Deposit in cleared funds. The Booking Deposit is not refundable unless you cancel your order at least eight weeks before the commencement of the Hire Period.
5.3 You agree to pay the balance of the Fee in cleared funds at least seven days before the commencement of the Hire Period (the “Balance”). You agree that failure to pay the Balance in accordance with this clause 5.3 may result in the Goods and Services not being provided to you.
06 / DAMAGE AND LATE RETURN DEPOSIT AND CHARGES.
6.1 Prior to the commencement of the Hire Period, you shall pay us a deposit of the higher of: (i) £50; and (ii) 50% of the Fee (the “Damage Deposit”). The Damage Deposit shall be returned to you within seven days of the date that the Goods are received by us provided that the Goods are received by us complete and undamaged on or before the expiry of the Hire Period. You agree that we shall deduct late return and damage charges set out in clauses 5.2 and 5.3 below from the Damage Deposit.
6.2 You shall pay the charges set out below for Goods that are: (i) not returned; or (ii) returned with chips, cracks and/or other damage.
|Tea and coffee pots||£20|
|All other items||£5|
6.3 In the event that the Goods are not returned to us on or before the expiry of the Hire Period, you shall pay us an additional fee of 15% of the value of your order for Goods for each day that the Goods are not returned to us.
07 / LIABILITY.
7.1 We shall not be liable to you or any third party for any direct, indirect or consequential loss or damage (including loss of profit and other economic losses) suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
7.2 Nothing in these terms and conditions shall exclude or limit the liability of us for death or personal injury caused as a result of our negligence, breach of contract or otherwise.
08 / SEVERANCE.
If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
09 / RIGHTS OF THIRD PARTIES.
9.1 A person who is not a party to this agreement shall not have any rights under or in connection with it.
10 / GOVERNING LAW.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales to settle disputes in connection with these terms and conditions.