Furniture Rental Terms and Conditions
BACKGROUND:
These Terms and Conditions shall apply to the rental of all goods (“the Goods”) from Partybench Ltd (“the Company”) by customers who are renting the Goods for use at their premises or such other premises as the parties shall agree in writing (“the Premises”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Customer” | means the customer who is renting the Furniture subject to these Terms and Conditions; |
| “Price List” | means the Company’s price list, current at the time of the start of the Rental Term; |
| “Rental” | means the rental of the Goods by the Customer subject to these Terms and Conditions; |
| “Order” | means the on-line order for Furniture entered into by the Customer and the Company incorporating these Terms and Conditions which shall govern the Rental of the Goods; |
| “Rental Fees” | means the sum payable by the Customer for the Rental as determined under Clause 4 of these Terms and Conditions; and |
| “Goods” | Means the Furniture and the accompanying pallet(s) rented to the Customer subject to these Terms and Conditions. |
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Schedule is a schedule to these Terms and Conditions;
1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2. Rental Term
2.1 The agreed Rental Term will be set out in the Order.
2.2 If the Customer wishes to extend the Rental Term they may do so at any time prior to the end of the Rental Term. The Customer must contact the Company to arrange such an extension. Extensions may be made by agreement in writing with the Company subject always to the existence of prior reservations made by other customers. The Company shall use its reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Goods to the Customer beyond the end of the pre-existing Rental Term.
2.3 The Company reserves the right to recall the Goods immediately at any time. In the event that the Company exercises this right the Customer will be reimbursed for any and all days remaining in the Rental Term or will be issued immediately with replacement Goods of the same type or of the closest type thereto at no additional cost. If the Goods are not returned to the Company on request the Customer shall be deemed to have authorised the Company to enter the Premises and use any means necessary to recover the Goods. The Customer shall be charged for any costs associated with such recovery.
2.4 For the avoidance of doubt, ownership of the Goods is and remains with the Company at all times.
3. Damage
3.1 Any damage caused to the Goods, beyond reasonable wear and tear, will be the responsibility of the Customer and any repair work necessary as a result will be chargeable to any payable by the Customer.
3.2 In the event of total loss or irreparable damage of any of the Goods for any reason whatsoever, the Customer shall be responsible to the Company for the full value of such Goods plus the Rental fees.
4. Fees and Payment
4.1 The Rental Fees will be determined by reference to the length of the Rental Term, the type and quantity of Goods, the Price List and any additional items which may be included in the Rental.
4.2 Payment must be made in full, at least 7 days prior to the commencement of the Rental Term. Payment may be made by Paypal Invoice or Bank Transfer.
4.3 The Customer may cancel an order in writing to the Company subject to the following cancellation payment being due to the Company (credit will be given for any sum already paid):-
4.3.1. Within 14-8 days of the commencement of the Rental Term – 25% of the Rental Fee is payable;
4.3.2. Within 7-3 days – 50% is payable; and
4.3.3. Within 2 days – 100% is payable.
4.4 If any items require cleaning, the Company reserves the right to charge £1 per item.
5. Delivery and Collection
5.1 Following the receipt by the Company of the Rental Fees the Company shall deliver the Goods to the Premises on the agreed date, as set out in the Order.
5.2 The Company shall use its reasonable endeavours to ensure that delivery is made on time but shall not be liable for any failure to do so and the Hirer reserves the right to substitute alternative Goods subject to availability.
5.3 The Customer or its authorised representative must be available at the Premises at the time of delivery in order to sign for the Goods. In the event that the Customer fails to comply with the provisions of this sub-Clause 5.3 it shall be deemed to have accepted delivery of the Goods, assumed responsibility therefore and shall not have the right to subsequently dispute the facts of the delivery.
5.4 In the event that the Company is unable to deliver the Goods due to the Customer’s absence from the Premises (along with that of any authorised representatives) additional delivery charges will be incurred for any necessary re-delivery. Any such additional charges shall be borne by the Customer.
5.5 At the end of the Rental Term, on the agreed collection date the Customer shall ensure that all of the Goods are available for collection by the Company.
5.6 In the event that any Goods are unavailable for collection on the agreed date the Customer shall be required to pay the relevant Rental Fees for the missing items up to and including the day that they are returned to the Company (at the Customer’s expense). If those items are not available for collection due to loss or destruction the Customer shall be required to pay the cost of replacement at £60 per bench, £80 per table and £250 per pallet.
6. Use and Care of the Goods
6.1 The Customer may only use the Goods for the normal purpose for which they are intended.
6.2 The Goods must not be used for the storage of any other goods or substances which are inflammable, toxic, corrosive, radioactive, biohazardous or otherwise dangerous without the prior written permission of the Company.
6.3 The Customer may not make any alterations or adjustments to the Goods beyond those that are already possible within the range of adjustments specific to a given item.
6.4 The Customer may only affix other items to the Goods where such affixation does not exceed the design limitations of the Goods and is not likely to damage the Goods in any way. Only items with non-destructive fittings are permitted (that is, those which do not require drilling, screwing, nailing, gluing or similar).
6.5 Where a particular item of furniture bears a label stating a maximum capacity or load weight, or the Customer has otherwise been made aware of such a limit, this figure must not be exceeded at any time.
6.6 The Customer must use the Goods in full compliance with any relevant safety instructions provided.
6.7 The Customer shall at all times treat the Goods with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear.
6.8 The Customer shall not attempt to make any repairs to the Goods without the prior written consent of the Company. When the Company is contacted in this regard it shall have the option of repairing the Goods itself or granting the Customer permission to make the necessary repairs. The cost of such repairs shall be borne by either the Company or the Customer, the responsibility being determined by the reasons for those repairs.
7. Insurance
7.1 It is the responsibility of the Customer to insure the Goods against loss, damage and theft. The value stated for the Goods shall be £80 per table, £60 per bench and £250 per pallet.
7.2 The Customer shall supply proof of such insurance to the Company on demand.
8. Liability
8.1 The Company will not be liable for any personal injury or damage to property which results from the improper use of the Goods.
8.2 The Company will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control.
8.3 Nothing in these Terms and Conditions restricts the Company’s liability for death or personal injury arising out of any act or omission of the Company.
9. Data Protection
The Company will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Company’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998 and Regulation (EU) 2016/679 General Data Protection Regulation (GDPR) (the “Data Protection Legislation”)
10. Termination
10.1 Where the Customer is an individual, the Company shall be entitled to terminate the Order in the event that:
10.1.1 the Customer is in breach of these Terms and Conditions;
10.1.2 the Customer is or is likely to go bankrupt or has had their personal belongings confiscated in order to satisfy debts; or
10.1.3 the Customer has a receiving order made against them.
10.2 Where the Customer is a company, the Company shall be entitled to terminate the Order in the event that:
10.2.1 the Customer is in breach of these Terms and Conditions;
10.2.2 the Customer goes or is likely to go into administration, insolvency or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
10.3 In the event of termination for any of the above reasons:
10.3.1 all payments required under the Order shall become due and immediately payable; and
10.3.2 the Company shall have the immediate right to request the immediate return of the Goods or repossess the Goods and may charge the Customer for any reasonable costs involved in such repossession.
11. No Waiver
No failure by either the Company or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
12. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
13. Law and Jurisdiction
13.1 These Terms and Conditions shall be governed, interpreted and construed in accordance with and by the laws of England and Wales.
13.2 Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.