Together with the Declarations on the hire contract these are the Terms and Condition under which Crazy Costume LLP, herein referred to as Crazy Costume, agrees to hire or sell the costumes and accessories, listed in the hire contract to the Hirer named in the hire contract.
Commencement
1 The Hire Period begins on the date shown in the hire contract and continues for the period specified in the hire contract unless otherwise determined as provided in this Agreement.
2 At the end of the noted Hire Period the Hirer shall immediately return the Costumes to Crazy Costume at the address in the hire contract.
3 If the Hirer fails to do so Crazy Costume shall be entitled to retake possession of the Costumes; and the Hirer shall on demand pay to Crazy Costume rental in respect of the Costumes at the rate of one half of the normal weekly Hire Charge or at such other rate if specified in the hire contract, for each week or part week from the date of expiry of the Agreement to the date of repossession.
Payment
4 The Hirer shall pay on time to Crazy Costume the charges set out in the hire contract and always before the Costumes leave Crazy Costume’s premises.
5 Once the Hirer removes the Costumes from Crazy Costume’s premises the Hire Fee cannot be refunded.
Deposit
6 The payment of a deposit is always required before the Costumes leave Crazy Costume’s premises.
7 Crazy Costume shall be entitled to take from the deposit any amounts due to them from the Hirer as a result of non payment, loss or damage to the Costumes and Costumes being returned after the due return date.
8 Where an amount is to be taken from the deposit, Crazy Costume shall notify the Hirer at the address stated in the hire contract by the Hirer.
Interest
9 Interest is payable by the Hirer on overdue instalments and on all other sums payable or which become payable under this Agreement which are unpaid by the due date.
10 Interest is calculated from the due date to the date of payment at a rate of 4% above the Alliance & Leicester Bank base lending rate for sterling from time to time prevailing.
11 Any interest payable under clause 9 above shall run from day to day and shall be accounted for after as well as before any judgments.
Insolvency
12 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 Costumes shall no longer be in the Hirer's possession with the consent of Crazy Costume and Crazy Costume shall be entitled to enter upon the Hirer's premises or any other premises where the Costumes are held in order to retake possession of the Costumes. All costs and expenses reasonably incurred in connection with such recovery shall be paid by the Hirer.
Covenants of the Hirer
13 The Hirer agrees with Crazy Costume as follows:
a: to be solely responsible for the Costumes to their full replacement value or to the value as specified at the time of hire, at all times from the moment the Costumes leave the premises of Crazy Costume until their return to Crazy Costume’s premises or as Crazy Costume shall direct;
b: to take proper care of the Costumes and to take responsibility for all loss and damage to the Costumes howsoever caused during the period of hire;
c: to be responsible for the delivery of the Costumes from and to Crazy Costume’s premises. The Hirer remains responsible for delivery where Crazy Costume makes arrangements for delivery as agent on behalf of the Hirer;
d: to use the Costumes for the purpose expressly indicated to Crazy Costume at the time of the order and not for any other purpose except by agreement with Crazy Costume;
e: not to damage the Costumes or permit them to be damaged in any way;
f: not to make any amendments, modifications or additions to the Costumes or alter them in any way;
g: to permit Crazy Costume and any person duly authorised by Crazy Costume at all reasonable times to inspect the Costumes and for the purposes of carrying out the same, to have access to any premises where the Costumes may be situated;
h: to keep the Costumes at all times in the hirers possession and control and not to remove or permit the removal of the same from the UK without the consent in writing of Crazy Costume;
i: to notify Crazy Costume immediately of any change of address and, upon the request of Crazy Costume, to notify Crazy Costume of the location of the Costumes;
j: not to sell, assign, let, pledge, mortgage, charge, encumber, part with possession of or otherwise deal with the Costumes or any interest therein nor to assign the benefit of this Agreement nor to create or to permit the creation of any lien on the Costumes;
k: to keep the Costumes free of any distraint, distress, execution or other legal process;
l: to insure the Costumes to their full replacement value with a reputable insurance company against loss or damage by accident, fire and such other risks, if any, against which it is usual to insure the Costumes;
m: to notify Crazy Costume immediately of any loss, or damage to the Costumes and to pay Crazy Costume the full cost of the replacement or repair of the Costumes.
Termination
14 Upon termination of this Agreement:
a: the Hirer shall return the Costumes in good condition to Crazy Costume at the Address in the hire contract or to such other place as Crazy Costume shall appoint. If the Hirer fails to do this Crazy Costume shall be entitled without notice to take repossession of the Costumes
b: the Hirer shall pay to Crazy Costume immediately or on demand all arrears of rentals, interest and any other sums payable under this Agreement up to the date of termination including the costs of all repairs required to be done to the Costumes in order to put them in good condition as well as the replacement costs of any item that cannot be repaired or is not returned.
Retentions
15 When Crazy Costume agrees to retain for the Hirer particular Costumes until a specified date, the Hirer agrees to pay the retention charges agreed between Crazy Costume and the Hirer: retention charges cannot be refunded.
Liabilities
16 Upon the return of the Costumes, Crazy Costume will as soon as practicable check the Costumes within their Returns Department. The Hirer is entitled to be present at the checking in procedure at a time and date stipulated by Crazy Costume, but in the event that the Hirer is not present then the decision of Crazy Costume as to the accuracy of the checking in procedure is final and binding on the parties. Any discrepancy will be communicated in writing to the Hirer as soon as practicable.
Force Majeure
17 Crazy Costume shall not in any way be liable for any loss arising directly or indirectly by events over which Crazy Costume has no control including but not 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 the carriers or from any consequential damage or loss resulting from such delay in or failure of delivery or otherwise.
General
18 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.
19 This Agreement is made in England and is governed by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts as regards any claim, dispute or matter arising out of or relating to this Agreement. |