Terms and Conditions
“We” are:
ELITE FURNITURE HIRE LIMITED Company Number 15577113 and registered address is Unit 11 Boundary Business Court, 92-94 Church Rd, Mitcham, CR4 3TD
(“Hirer”)
“You” are:
The customer who receives Services and/or hires the Hired Goods from us (and where there is more than one person, they shall be jointly and severally liable).
(“Client”)
These are the Terms & Conditions subject to which we allow you to hire our Hired Goods and provide our Services.
1. Definitions
In this agreement:
“Charge(s)” Means the fee to hire the Hired Goods and for our other services and includes all costs related in any way to this agreement.
“Deposit” Means a sum of money paid by you to us at the commencement of this agreement to secure the Hiring Services and the Hired Goods for a specific date for your Event and to allow the Hirer to commence work.
“Damages Deposit” Means the sum of money paid by you to us before we deliver the Hired Goods and/or you take possession of the Hired Goods, which we hold to set off against any damages or losses to our Hired Goods during the Hire Period
“Event” Means the event, wedding, party or function at which Hiring Services will be provided.
“Hired Goods” Means furniture, decorative items, linen and tableware, or any items we provide to your Event in accordance with the Quotation and our Hiring Services. It includes any coverings we have provided to protect the Hired Goods.
“Hire Period” Means the period of time in which you are entitled to possession of the Hired Goods. This will usually be for 24 hours for the Event but is as identified in the Quotation which accompanies these Terms, unless agreed otherwise in writing.
“Quotation” Means a price offer by us, based on your instructions, which you have accepted. It sets out the Charges.
“Services” Means the hire of Hired Goods and any Hiring Services we provide to you under this agreement.
“Hiring Services” Means our attendance to prepare, install, style and set up the Hired Goods, and subsequently remove any Hired Goods we provide. If Hired Goods are linen or tableware, we shall deliver (clean, pressed and bagged) only.
“Site” Means the place where the Hired Goods are to be used by you and the location of the Event.
“Terms” Means these Terms and Conditions.
2. The Basic Contract
2.1. This is a hire agreement. We own the Hired Goods and hire it to you for the Hire Period, for a Charge. You may not deal with the Hired Goods in any way which is contrary to our ownership of it. If you do, you will be in breach of this agreement and will also be committing a criminal offence.
2.2. The Hire Period is usually for 24 hours. The Hire Period can be extended thereafter by agreement in writing.
2.3. The Quotation is an invitation to hire. Neither of us is bound to a legal agreement until you accept and confirm this agreement.
2.4. The Hiring Services are provided under a contract for services. Unless set out in the Quotation, any additional Hiring Services are charged at £100.00 per hour per team member. These will usually be for waiting time for delivery or take down if we are not able to access the Site at the times agreed.
2.5. The Terms and the Quotation together contain the entire agreement between us and supersede all previous agreements and understandings between us. By signing, or instructing us to progress with the Services, you accept the terms set out in the Quotation and the Terms.
2.6. Risk in the Hired Goods passes immediately to you when the Hired Goods leaves our possession and is delivered to Site. That means you are responsible for taking care of them. You remain responsible until the Hired Goods are safely back in our possession. The Hired Goods will be delivered with coverings for protection which will be removed by us on Site and will need to be stored on Site until we collect them, and the Hired Goods, at the end of the Hire Period. The Hired Goods we provide for the Hire Period are at your risk, and you are required to insure them for the Hire Period.
2.7 You will pay the Damages Deposit to us before the Period of Hire commences. We require a refundable Damages Deposit at set out in our Quotation to be paid 2 weeks before the Hire Period commences. We expect all of our Hired Goods to be returned as it was provided to you. Any damage, losses, blemishes or unreturned Hired Goods will be the responsibility of the Client and will be chargeable from this Damages Deposit. The Damages Deposit (or the balance of it) will be refunded within 28 days of the end of the Hire Period subject to any damages or costs being incurred.
2.8 You will be notified of any missing items or damages as soon as possible. Damaged or non-returned Hired Goods will be invoiced at 10x the hire Charges (to cover the full replacement cost) if not returned intact at the end of the Hire Period. Where the Damages Deposit it not sufficient to cover the replacement costs, you will be responsible for the balance.
3. Delivery
3.1. We deliver the Hired Goods to Site and the charges for delivery and our Hiring Services are included in our Charge.
4. Charges and Deposit: Payment Procedure
4.1. All Charges are specified in the Quotation.
4.2. All the payments of the Charges are made on invoice and in accordance with Clause 13 below or otherwise as specified in the Quotation.
4.3. The Deposit specified in the Quotation shall be paid by you to us on entering this agreement. The Deposit is non-refundable unless you cancel the agreement in accordance with Clause 5.
4.4. Payment of the balance of all Charges is due 14 days before the Hire Period.
5. Cancellation Terms: Hired Goods
You have a right to cancel this hire agreement. You may exercise the cancellation right under following conditions:
5.1. This agreement comes into existence on the day you accept the Terms.
5.2. As required by the Regulations, details of our after-hiring service and guarantees, if any, are given along with these Terms.
5.3. You may cancel this agreement within 14 days of entering into it. That means we will not be able to hand over the possession of the Hired Goods for 14 days. In the event of cancellation within this 14-day period, the Deposit that you have paid will be returned to you.
5.4. In the event of cancellation beyond the 14-day period set out in Clause 5.3, Clause 6 will apply.
5.5 If you take possession of the Hired Goods, and/or it is delivered and installed to a location in accordance with your instructions within 14 days of the commencement of this agreement, your right to cancel under this clause is lost and clause 6 applies.
6. Cancellation Terms: Services
6.1. The Services can be cancelled by either party in writing or by email subject to the matters set out in this clause.
6.2. If the Hirer cancels the Services, any Charges paid will be repaid to the Client within 14 days of cancellation, and no further refunds, sum or compensation will be payable to the Client by the Hirer arising from such cancellation.
6.3. If the Client seeks to cancel the Services more than 14 days before the Event, then the Deposit shall be forfeited. No further sums will be due from the Client to the Hirer.
6.4. If the Client seeks to cancel the Services less than 14 days but more than 24 hours before the start of the Hire Period, then the Deposit will be forfeited. Any expenses incurred as at the date of cancellation must also be paid by the Client, and those paid shall also be non-refundable. In addition, a cancellation fee will be immediately due, which shall be 75% of the Charges, less any Deposit paid.
6.5 If the Client seeks to cancel the Services less than 24 hours before the start of the Hire Period, then the Deposit will be forfeited. Any expenses incurred as at the date of cancellation must also be paid by the Client, and those paid shall also be non-refundable. In addition, a cancellation fee will be immediately due, which shall be 100% of the Charges, less any Deposit paid.
7. Hired Goods Not as Ordered
7.1. We shall use all reasonable endeavours to ensure that the Hired Goods comply with description on the Quotation; and are of satisfactory quality and/or fit for purpose.
7.2. Immediately upon taking possession of any Hired Goods, you should examine them and satisfy yourself that they comply with the Quotation and have arrived in safe, clean and usable condition.
7.3. If you find any defect in the quality or quantity of the Hired Goods, or a failure to comply with the Quotation, you must immediately inform us of that defect.
7.4. If you claim that the Hired Goods were defective, you must return them to us in the exact same condition as you received them.
7.5. In returning defective Hired Goods, please state the fault and when it arose.
8. Breakdown and Repair
8.1. You must inform us immediately of any problem or defect with the Hired Goods.
8.2. We will, as soon as practicable, repair or replace Hired Goods showing a defect.
8.3. If we repair or replace Hired Goods, you have no additional claim against us in respect of the defect or problem.
8.4. If you have been negligent in your care or use of the Hired Goods, you will pay us for appropriate replacement Hired Goods of the same quality without deduction for depreciation or use.
9. Client’s Other Obligations
You agree that you will:
9.1. provide us with such information and materials as we may reasonably require in order to supply the Hiring Services and the Hired Goods and any installation thereof and ensure that such information is complete and accurate in all material respects.
9.2. not permit any other person to use the Hired Goods outside the scope of the Services and/or the Event without our written consent.
9.3. not take the Hired Goods away from the Site without our consent.
9.4. use the Hired Goods with care, and to keep the Hired Goods safe.
9.5. return the Hired Goods to us in the condition in which we delivered it to you.
9.6. not attempt to repair the Hired Goods without our consent.
LINEN HIRE – CLIENT’S SPECFIC OBLIGATIONS
9.7 All linen Hired Goods will arrive pressed and sealed. To remove folds in the fabric we recommend using steamers at a distance. Please avoid using irons as this can burn and damage the linen.
9.8 Standard laundry charges are included in the Charges. We can remove the majority of stains such as food and drink spillage BUT we are not able to remove or save linen that has the following damage: Pen & Ink marks, Sellotape & Duct Tape, Candlewax & Dye, Mildew, Oils & Grease, Burn Holes, Pulled Threads, Rips & Tears. Hired Goods that are returned excessively dirty or that require a deep clean will be treated with an appropriate wash programme. If the goods do not respond to this programme, you will be charged the full replacement cost.
9.9 When packing linen, keep the wet items separate and air dry to avoid mildew and mould.
9.10 We will refuse to launder any linen that is returned with vomit or bio fluids. It should be disposed on by you and reported to us as ‘unreturnable’.
10. Loss or Damage Caused by Third Parties
10.1. You must inform us immediately if the Hired Goods are stolen or damaged by a third party.
10.2. You undertake to report the theft to us and to the Police, and after that to co-operate with us and with the Police so far as your help may be required.
11. Disclaimers and Limitation of Liability
11.1. Conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
11.2. We are not liable to any person in any circumstances if at any time if the Hired Goods has been damaged in any way whatever and/or the Hired Goods has been repaired or serviced by someone not authorised by us to provide that service.
11.3. We shall not be liable to you for any loss or expense which is indirect or consequential loss; or economic loss or other turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
11.4. Except in the case of death or personal injury, our total liability, arising in any way out of this agreement, shall not exceed the total sum of our Charges. This applies whether your case is based on contract, tort or any other basis in law.
12. Termination
This agreement terminates on the first to happen of the following events:
12.1. with notice in writing (see clause 6); or at the expiry of a fixed Hire Period set out in the Quotation or in this agreement, or any extension of it;
12.2. if the payment of the Charge is not made in accordance with these Terms; or if the Client commits a material breach of any of these Terms and fails to remedy the breach within 14 days of being notified in writing; or the Client makes any statements or behaves in any way or requests the Hirer to undertake any actions that are discriminatory, illegal or immoral; or if the Client enters into any form of insolvency arrangement, or suspends their business.
12.3. Upon termination, the Client shall immediately pay any outstanding Charges to the Hirer.
13. Miscellaneous Matters
13.1. Verbal or email instructions, or the return of a ‘soft’ email signature via our software application by the Client to proceed will constitute an acceptance in full of these Terms.
13.2. The Charges will be paid after invoices rendered from time to time. Payment terms are ‘on invoice’, and payment is not deemed to have been made until the Charges have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are recommenced.
13.3. If payment is not made in accordance with the above clauses, the Hirer reserves the right to charge an administration fee of £50 and interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
13.4. Each party will keep the confidential information of the other party and any third party confidential and secret and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with the regard to the control and processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website.
13.5. The Client grants to the Hirer, consent to use any work including photographs created as part of the Services to show off their services and designs, together with the right to display images as part of their portfolio and to write about the Services on websites, and in their marketing materials. If the Client does not wish to grant this consent, they must confirm this in writing within 7 days of entering into this agreement.
13.6. Nothing in the Terms is intended to create a partnership or joint venture between the Hirer and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
13.7. Variations to the Services, may only be agreed in writing. Services outside the scope of the Quotation will attract additional charges. Any change of date or postponement of the Event will be agreed subject to our availability or will be deemed a cancellation by you and our cancellation terms shall apply unless we agree otherwise in writing.
13.8. If the Hirer is limited or hindered from providing any facility or services or goods booked by the Client due to circumstances beyond its control eg: Government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, epidemic or pandemic, we will discuss our proposed steps to minimise the impact of this on the Event and your options with you. These options will differ on a case-by-case basis depending on the nature of the Assignment. We will offer an alternative date for the delivery of the Assignment and the Event if the circumstances beyond our control prevent the Event progressing. The Deposit shall be non-refundable, (being an approximation of the value of Services already rendered) and the Hirer shall (where the value of the Services already delivered to the Client is greater than the value of the Deposit) be entitled to be paid additionally for all Services delivered to the Client up to that point. The Hirer shall not be liable for any additional losses incurred by the Client in such circumstances.
13.9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.
