Cullum Design - Terms and Conditions
THIS AGREEMENT BETWEEN:-
CULLUM DESIGN COMPANY LTD of Poundon House, Poundon, Bicester, England, OX27 9BB (hereinafter called “the Owner” which expression shall where the context so admits include the Owner’s successors in title); and
NAME OF CLIENT :-
Hereinafter called “the Hirer” which expression shall where the context so admits include the Hire’s successors in title
WHEREBY IT IS AGREED as follows: –
1 The Owner will let and the Hirer will take on hire upon the terms and conditions hereinafter mentioned the articles more particularly described in the schedule hereto (hereinafter called “the goods”)
2 Subject to the provisions of clause 15 hereof the hiring shall commence on the date of this Agreement and shall continue until determined as hereinafter provided. The maximum weekly hire charge shall be £ EX VAT and the hire period shall commence on the day that the furniture is installed. The period of hire shall be a minimum period of eight weeks and payment for the minimum hire period and any delivery charges shall be due prior to installation. Thereafter the weekly hire shall be invoiced in advance on a four week hire term. One month’s notice is required to terminate the contract.
3 The photographing of the furniture or any use of the photographs for marketing purposes shall be deemed to represent approval.
4 All sums payable to the Owner under this Agreement shall be paid to Cullum Design Company Ltd at 11 Chapel Road, London, W13 9AE or at such other address as the Owner may from time to time specify and payments made by post shall be at risk of the Hirer.
5 During the continuance of the hiring the Hirer shall:-
5.1 punctually pay all sums specified in clause 3 hereof:
5.2 pay to the Owner interest on overdue instalments of rental at the rate of 3% over base per annum until payment thereof such interest to run from day to day and to accrue after as well as before any judgement;
5.3 keep the goods in good and substantial repair and condition (fair wear and tear only excepted) and replace all missing items or items that have been subject to damage of an exceptional nature, or parts thereof, with goods or parts of equal quality and value and in default of so doing permit the Owner to take possession of the goods for the purpose of having repairs carried out and repay to the Owner the cost of such repairs and the Owner shall have a lien on the goods until such repayment but exercise of such lien shall not prevent the accrual of instalments of rental hereunder PROVIDED THAT THE Hirer shall not be under any obligation to place the goods in any better condition than that in which they were received by the Hirer at the date of this Agreement;
5.4 punctually pay all registration charges, licence fees, rent, rates, taxes and other outgoings properly payable in respect of the term of this Agreement in respect of any premises in which the goods may from time to time be placed or kept by the Hirer and the Owner shall be at liberty in the event of default by the Hirer under this sub-clause to make all or any of such payments and to recover the amount thereof from the Hirer forthwith.
5.5 keep the goods at all times in his possession and control and not remove the same or any of them from the place where they are for the time being without the consent in writing of the Owner or cause or ￼￼￼￼permit any of the goods to be so affixed to the premises in which they shall for the time being be situate as to become fixtures;
5.6 notify the Owner of any change in the Hirer’s address and upon request by the Owner promptly inform the Owner of the whereabouts of the goods;
5.7 confirm that there is an all risk insurance policy covering the goods in place.
5.8 punctually pay for all repairs to or treatment of the goods carried out by the Hirer and keep the same free from any distress execution or other legal process;
5.9 not sell, assign, let, copy, pledge, mortgage, charge, encumber, or part with possession of or otherwise deal with the goods or any interest therein or create or allow to be created any lien on the goods whether for repairs or otherwise and in the event of any breach of this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any third party such sum as is necessary to procure the release of the goods from any charge encumbrance or lien and to recover such sum from the Hirer forthwith;
5.10 if the Hirer fails to respond to a request by the Owner to disclose the whereabouts of the goods within a reasonable time to pay to the Owner all reasonable expenses (including legal costs on a full indemnity basis) incurred by or on behalf of the Owner in ascertaining the whereabouts of the goods, taking possession of them by reason of any breach by the Hirer of any provision of this Agreement and preserving, insuring and storing the goods thereafter and of any successful legal proceedings taken by or on behalf of the Owner to enforce the provisions of this Agreement against the Hirer.
6 Where the goods are lost, stolen, destroyed or damaged by the negligence or wrongful act of a third party the Hirer shall immediately notify the Owner thereof.
7 If the Hirer shall make default in payment of any of the sums payable hereunder for more than 7 days after becoming due or shall fail in any material way to observe or perform any of the other terms and conditions of this Agreement whether express or implied the Owner may without prejudice to any pre- existing liability of the Hirer to the Owner by notice in writing served personally on the company secretary of the Hirer or sent to him by prepaid post to or left at the above mentioned address of the Hirer or at it’s registered office determine this Agreement and upon such notice being so served sent or left this Agreement and the hiring thereby constituted shall for all purposes determine and thereafter the Hirer shall no longer be in possession of the goods with the Owner’s consent and subject to the provisions of clause 10 hereof and any pre – existing liability of the Hirer or Owner hereunder neither party shall have any rights against the other under this Agreement.
7.1 If the hirer goes into liquidation or is dissolved or if a receiving order is made against it and not discharged within 7 days or if the hirer makes any arrangement with its creditors or any assignment for the benefit of such creditors or if distress or execution shall be levied or threatened upon any of the Hirer’s property or any judgement against the Hirer shall remain unsatisfied for more than fourteen days or if the Hirer shall abandon the goods then this Agreement shall automatically and without notice determine and thereupon the Hirer shall cease to be in possession of the goods with the Owners consent and subject to any pre-existing liability of the Hirer or Owner hereunder neither party shall have any rights against the other under this Agreement.
8 Upon termination of this Agreement the Owner may without notice retake possession of the goods and may for that purpose by himself his servants or agents without previous notice enter upon any land or premises on or in which the goods or any of them are or are believed by the Owner to be situated.
9 Upon the termination of this Agreement pursuant to clause 2 or clause 7 the Owner shall forthwith return the deposit monies if any and (in the case of a termination pursuant to clause 7) shall repay such part of the hire charge as relates to the unexpired hire period at the date of such termination.
10 The goods shall remain the property of the Owner and nothing contained in this Agreement shall confer or be deemed to confer any interest in the goods on the Hirer.
11 The Hirer shall take the goods in the condition in which they are at the date of this Agreement and the Owner does not in any way represent or warrant that the goods are of merchantable quality or suitable or fit for the particular or any purpose for which they are or may be required.
12 No liability shall Attach to the Owner, either in contract or in tort for loss injury or damage sustained by reason of any defect in the goods whether such defect be latent or apparent on examination.
13 Any notices given to the Hirer or to the Owner under this agreement shall be validly given if served by any of the methods specified in clause 7.1 hereof and shall if sent by post be conclusively deemed to have been received by the Hirer within forty-eight hours after the time of posting. ￼
14 No relaxation forbearance delay or indulgence by the Owner in enforcing any of the terms and conditions of this Agreement or the granting of time by the Owner to the Hirer shall prejudice affect or restrict the rights and powers of the Owner hereunder nor shall any waiver of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.
15 This Agreement shall not commence unless and until it has been signed by or on behalf of the Owner and the Hirer has paid a non- returnable delivery fee of £ EX VAT that will cover the cost of delivery, insurance and arrangement, which is the responsibility of the Owner.
16 Installation can only take place when the property is empty of other goods, no building work taking place, and the property clean.
17 The collection fee of £ EX VAT is due prior to collection of the items.
￼18. It is agreed that this furniture is supplied for show purposes only and not for residential purposes and that in the event of a residential situation occurring the agreement of the owner must be obtained.
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Document Name: Cullum Design - Terms and Conditions
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