*Please read before hiring or buying: Any business done with ourselves assumes you agree to these terms. *
TERMS AND CONDITIONS OF HIRE – Revised August 2012:
1.1 In these conditions the “Company” shall mean victoriancostume.co.uk. The “Hirer” shall mean any company, film, individual or agent thereof to whom the Company’s quotation, acknowledgement of order or receipt is addressed. The “Goods” shall mean costumes, accessories and any other items supplied by the Company to the Hirer. “Contract” shall mean these Terms and Conditions of Hire. “Delivery” shall mean when the Goods are either collected or shipped to the Hirer.
1.2 The Company concludes the agreement for the supply of Goods subject only to this Contract. This Contract shall constitute the entire agreement between the parties. It sets forth all intended rights and obligations and supersedes any and all previous agreements and understandings between them with respect to the Goods.
2.1 The prices contained in a quotation, price list 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 stated by the Company at the date of Delivery of the Goods.
2.2 Where the quotation is given dependent on information supplied by the Hirer, the Hirer shall be responsible for the accuracy of the information given and for the supply for all relevant particulars including, but without limitation, measurement and sizes. Any additional 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 Company’s invoice.
2.3 Unless otherwise stated prices include VAT, and where it is not included will be chargeable at the date of Delivery of the Goods at the then prevailing rate.
3.1 Unless expressly agreed in writing, payment shall be made in Sterling before Delivery of the Goods.
3.2 Delivery charges: In the event that the Company shall at the request of the Hirer arrange for the goods to be despatched or dealt with otherwise than by collection by the Hirer or the Hirer’s agent, the Hirer shall pay the Company the Company’s reasonable charges for the provision and procurement of such services including any reasonable carriage and insurance costs within seven days of the date of any invoices sent by the Company in respect thereof.
3.3 The Company shall require the Hirer to leave a deposit which will be refundable upon return of the Goods provided the Company will be entitled to make a deduction from the deposit to reasonably reflect the cost of rectifying any damage suffered by the Goods or replacement of missing Goods whilst in the Hirer’s control.
3.4 The deposit does not necessarily reflect the value of the Goods, if the Goods are lost or stolen or not returned the Company will be entitled to recover the full cost of the Goods over and above the deposit.
3.5 The Company reserves the right to deduct £7 from the deposit for each day the Hirer retains the Goods after the date of return specified in the Company’s receipt. In the cases of non-return of the Goods four days after the due date of return the Company reserves the right to retain the entire deposit but without prejudice to any other rights and remedies the Company have have in law.
4 Delivery and Collection
4.1 Delivery shall be deemed to occur and all risk of loss or damage to the Goods shall pass to the Hirer on the date the Good are either shipped to or collected by the Hirer or their agent.
4.2 On receipt of the Goods the Hirer shall immediately and carefully examine the same and shall immediately notify the Company of any defect. In the absence of any such notification the Company reserves the right to reject any claims arising out of the defect. In the case of Goods delivered to the Hirer other than by collection by the Hirer or its agent, receipt for the purpose of this sub clause 4.2 shall be deemed to take place the day after the Goods are despatched by the Company.
5 Performance and Limitation of Liability
5.1 The Company will use reasonable commercial endeavours to ensure Goods ordered are available for Delivery in accordance with Clause 3 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 Company’s reasonable control including, but without limitation, the non-return or damage of the Goods by another hirer.
5.2 In the event the Goods have not been collected by or on behalf of the Hirer by 18:00 hours on the date of Delivery specified in any quotation or acknowledgement of order by the Company, then the Company 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.
5.3 The Company shall not be liable for any delay or failure in carrying out its obligation which is caused wholly or partly by reason of governmental decision, war, hostilities, civil commotion, fire, flood, explosion, epidemics, disturbance in supplies from normally reliable sources, strike and lock out or any other event beyond the Company’s reasonable control (“Force Majeure”).
5.4 The Company shall not be liable to the Hirer for any loss of profits, sales, turnover, and production nor for any special, consequential or indirect losses or damages whatsoever, and howsoever caused, regardless of whether the loss or damage was reasonably foreseeable by the Company.
5.5 In any event, the Company shall in no circumstance be liable for any loss or damage in excess of the sum of the Contract price and the deposit.
6 Property in the Goods
The property and rights in the Goods shall in no circumstances pass to the Hirer.
7 Hirer’s Obligations
7.1 The Hirer undertakes to use his best endeavours to preserve and protect the Goods.
7.2 The Hirer shall return the Goods to the Company on the return date specified on the receipt or on any other date as agreed in writing by the Company.
7.3 The Goods shall be returned to the Company in the same condition as when they were Delivered to the Hirer.
7.4 The Hirer is responsible for all costs of returning the Goods to the Company, including adequate insurance.
8 Law and Interpretation
8.1 This Contract shall be governed by and construed in accordance with the laws of England.
8.2 If any of the terms and conditions of this Contract shall be or become unenforceable for any cause or reason whatsoever it shall not affect the other provisions.