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DEFINITIONS
In these conditions ‚¬ËœThe Shop‚¬„¢ means Waggy's of 10 River
Mead, Wakefield WF27JY. ‚¬ËœThe Hirer‚¬„¢ means any company,
film or individual or agent thereof to whom the shops
quotation, acknowledgement of order or receipt is addressed.
‚¬ËœThe Goods‚¬„¢ means costumes, including any material
supplied by the shop.
The shop concludes contracts for the supply only to these
conditions. The Hirer accepts that these conditions shall
govern relations between him and the shop to the exclusion
of any other terms including, without limitation, conditions
and warranties written or oral express or implied even if
contained in any of the Hirers documents which purports to
provide that the Hirer‚¬„¢s own terms shall prevail. No
variation or qualification of these conditions or of any
quotation or contract arising here from shall be valid
unless agreed in writing by an authorized employee of the
shop.
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PRICES
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The prices contained in a
quotation price list catalogue and similar material
shall be based upon current costs ruling at the date
thereof and are for guidance only. The contract price
shall be the price current at the date of delivery of
the goods.
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Where a quotation is given
dependant on information supplied by the Hirer, the
Hirer will be responsible for the accuracy of the
information given and for the supply of all relevant
particulars, including but without limitation to,
measurements and sizes. Any increased cost incurred as a
result of any inaccuracy or omission shall be borne by
the Hirer alone and shall be paid promptly upon
presentation of the shops invoice.
Unless otherwise stated prices include VAT and where it is not
included will be chargeable at the date of the delivery of the
goods.
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DELIVERY
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Delivery shall be deemed to
occur and the risk of loss or damage of any kind in the
goods shall pass to the Hirer on collection by or on
behalf of the Hirer or by a carrier for dispatch to the
Hirer (whether or not such carrier be the shops agent or
servant).
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In the event that the shop
shall at the request of the Hirer arrange for the goods
to be dispatched or dealt with otherwise than by
collection by the Hirer, the Hirer shall pay to the shop
the shop‚¬„¢s reasonable charges for the provision or
procurement of such services including any reasonable
carriage insurance costs within seven days of the date
of any invoices sent by the shop in respect thereof.
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The Hirer shall carefully
examine the goods on receipt of the same and shall
immediately notify a shop employee of any defect. In the
absence of any such notification the shop reserves the
right to reject any claims arising out of the defect. In
the case of goods delivered to the Hirer otherwise than
by collection by the Hirer or the Hirer‚¬„¢s agent or
servant, receipt for the purposes of this sub-clause
shall be deemed to take place the day after the goods
are dispatched from the shop.
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PERFORMANCE
The shop will use its reasonable commercial endeavours to
ensure that goods ordered are available for delivery in
accordance with clause 4 on the date specified in any
quotation or acknowledgement of receipt of order. However it
will not be liable for any loss suffered by the Hirer as a
result of default in delivery as a result of circumstances
outside the shops reasonable control including but without
limitation to the non return or damage of the goods by
another hirer. In the event that the goods have not been
collected by or on behalf of the Hirer or by a carrier for
dispatch to the Hirer by 6:30PM on the date of delivery
specified in any quotation or acknowledgment of order by the
shop then the shop reserves the right to hire the goods to
any other person and shall not be liable to the Hirer for
any loss suffered as a result of such hiring of goods. The
shop shall not be liable for any delay or failure in
carrying out its obligations which is caused wholly or
partly by reason of Acts of God, delay in transportation,
labour disputes, fire, flood, war, accident, Government
action or any other cause beyond the shops control or that
of its servants or agents.
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PAYMENT AND DEPOSIT
Unless expressly agreed in writing, payment shall be made in
Sterling upon collection of the goods and additionally the
shop will require the Hirer to leave a deposit which will be
refundable upon return of the goods provided that the shop
will be entitled to make a deduction from the deposit to
reasonably reflect the cost of rectifying any damage
suffered by the goods whilst in the Hirer‚¬„¢s control. The
deposit does not necessarily reflect the value of the
costume therefore if the costume is lost or stolen or not
returned the shop will be entitled to recover the full cost
of the costume over and above the deposit. The shop also
reserves the right to deduct ten pounds for each day the
Hirer retains the goods after the date of return specified
in the shops receipt or the deposit paid by the Hirer. In
cases of non-return of the goods, four days after the date
of return the shop reserves the right to retain the entire
deposit but without prejudice to any other rights the shop
may have against the Hirer.
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PROPERTY IN THE GOODS
The property in the goods shall in no circumstance pass to
the Hirer and the Hirer shall keep the goods as bailey for
the shop.
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HIRER‚¬„¢S OBLIGATION TO KEEP THE
GOODS CLEAN
The Hirer undertakes to use his best endeavours to preserve
and protect the goods and to return the goods to the shop on
the return date specified in writing on the Contract receipt
supplied by the shop in the same condition as when they were
delivered by the Hirer.
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LIMITATION OF THE SHOPS
LIABILITY
The shop shall in no circumstance be liable for any loss or
damage in excess of the sum of the contract price and the
deposit in this limitation will apply in the case of a
breach of a fundamental term or repudiation by the shop.
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sending items back by recorded delivery lowers the risk of
loosing any deposit by the hirer.
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LAW AND INTERPRETATION
This contract shall be governed by English law and the Hirer
shall submit to the exclusive jurisdiction of the English
courts. If any of these conditions or any part thereof is
inferred void or unenforceable by legislation including the
Unfair Contract Terms Act 1977 or by any other rule of law
it shall be void and unenforceable to that extent and no
further.
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If you have any questions about
hiring an outfit please
contact me direct
Yours sincerely D Wagstaff Manager /
Owner
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