Terms and conditions of hire
Commencement
1 The Hire Period begins on the date shown and continues
for the period specified 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 Fantasy World at the address overleaf.
3 If the Hirer fails to do so Fantasy World shall be entitled
to retake possession of the Costumes; and the Hirer shall
on demand pay to Fantasy World 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, 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 Fantasy World the charges
set out and always before the Costumes leave Fantasy World’
premises.
5 Once the Hirer removes the Costumes from Fantasy World’
premises the Hire Fee cannot be refunded.
Deposit
6 The payment of a deposit is always required before the
Costumes leave Fantasy World’ premises.
7 Fantasy World 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, Fantasy
World shall notify the Hirer at the address stated overleaf
by the Hirer.
Interest
9 Interest is payable by the Hirer on overdue installments
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 Barclays 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 Fantasy World and Fantasy
World 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 Fantasy World 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 Fantasy World until their return to Fantasy
World’ premises or as Fantasy World 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 Fantasy World’ premises. The Hirer remains
responsible for delivery where Fantasy World makes arrangements
for delivery as agent on behalf of the Hirer;
d: to use the Costumes for the purpose expressly indicated
to Fantasy World at the time of the order and not for any
other purpose except by agreement with Fantasy World;
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 Fantasy World and any person duly authorised
by Fantasy World 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
situate;
h: to keep the Costumes 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 Fantasy World;
i: to notify Fantasy World immediately of any change of
address and, upon the request of Fantasy World, to notify
Fantasy World 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 Fantasy World immediately of any loss, or damage
to the Costumes and to pay Fantasy World 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 Fantasy World at the Address specified above or to such
other place as Fantasy World shall appoint. If the Hirer
fails to do this Fantasy World shall be entitled without
notice to take repossession of the Costumes
b: the Hirer shall pay to Fantasy World 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 Fantasy World agrees to retain for the Hirer particular
Costumes until a specified date, the Hirer agrees to pay
the retention charges agreed between Fantasy World and the
Hirer: retention charges cannot be refunded.
Liabilities
16 Upon the return of the Costumes, Fantasy World 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 Fantasy World,
but in the event that the Hirer is not present then the
decision of Fantasy World 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 Fantasy World shall not in any way be liable for any
loss arising directly or indirectly by events over which
Fantasy World 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 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. |