“The Company” is Funky Furniture Hire Limited.
“The Customer” is any company or organisation to which Funky Furniture Hire Limited is contracted to supply goods and/or services.
“Goods” are any items that are the subject of any contract between Funky Furniture Hire Limited and the customer, regardless of ownership.
“The contract” is any written or verbal agreement between the customer and Funky Furniture Hire Limited for the latter to provide goods and/or services.
1. Hire goods remain the property of the company at all times.
2. During the continuance of the hire period, which shall commence from time of delivery and end when the goods are recollected from site, the customer shall be responsible for the safe keeping and maintenance of the goods in good and substantial repair and condition.
3. Any damage caused to hired goods, beyond reasonable wear and tear, will be the responsibility of the customer. Any repair work necessary as a result will be chargeable.
4. In the event of the total loss, or irreparable damage, of any hire goods for any reason whatsoever, the customer shall be responsible to the company for the full value of such goods plus the hire charge. It is the customer’s responsibility to insure against such risk. The period of hire ends only when the Company has accepted each item comprised in the requisition in writing.
5. The company will make every endeavour to deliver and collect the hire furniture at the time indicated by the Customer, but will not be liable for any loss (including indirect contingent or consequential loss) damage costs claims or expenses incurred should any delay or delivery failure due to circumstances beyond its control including but not limited transportation disputes or shortages of labour. The company will also endeavor to make delivery and collection of hired goods at the times requested by the customer but will not under any circumstances accept liability for any delays or failure to deliver or collect, nor for any expense caused to the customer by such delay, due to extenuating circumstances beyond our control some to include (road accidents and terrorist attacks).
6. The company reserves the right to substitute alternative goods subject to availability without prior notice.
7. It is the customer’s responsibility to inform the company (in writing) when hired goods are ready for collection. The hire period will not end until such collection is affected.
8. All hire charges quoted are per week/per month and no reductions or refunds will be made after the commencement of the chargeable period. Any agreed refund owed to the Customer shall be reimbursed within 14 days.
9. Acceptance of this quotation becomes an order and is thus subject to a cancellation fee as shown: Within 14 days of delivery date – 25% of the hire charge is payable. Within 7 days of delivery date – 50% of the hire charge is payable. Within 2 days of delivery date – 100% is payable.
10. It is the customer’s responsibility to ensure that adequate access is provided to the company both upon delivery and upon collection of hired goods, and to ensure that such goods are available for collection at the appointed time. It is the duty of the Customer to provide a duly authorised representative at the site to accept the Hire Furniture and to give a written receipt of their safe delivery and shall be precluded from disputing delivery of the hire furniture in good condition and the Customer will be deemed to have accepted the delivery and these conditions. It is the duty of the Customer to provide at the site of hire a duly authorised representative to sign a written confirmation of the items returned to the Company on termination of hire. If the Customer fails to provide for this the Customer will not be permitted to dispute subsequently the number and/or condition of the goods returned to/collected by the Company on termination of hire.
11. It is the customer’s responsibility to inform the company of a suitable parking area for deliveries and collections in order to minimise the risk of parking penalties being issued. In this event – penalty notice costs will be passed on to the customer.
12. Any delays caused to the company upon delivery and/or collection and any additional journeys that may result will be subject to additional charges.
13. Credit facilities will not be offered on hire contracts unless previously agreed in writing. Payments MUST be made in advance. Any failure on the part of the customer to make such payments on time will result either in the hired goods not being delivered, or, in the case of goods already on site, being removed without prior notice.
14. The Customer shall pay the Company the amount set out on the invoice before the payment date specified on the invoice. Should the Company not receive payment in full within this time the Customer shall be liable to pay interest on the Late Payment at 2.5% above the lending rate of Barclays Bank Plc.
15. If any items of hire furniture are not returned by the Customer to the Company at the end of the previously agreed hire period or within 7 days of a written demand from the Company, the Company reserves the right to make a written demand for and the Customer shall pay a compensation payment which is equal to the current replacement retail value of the furniture which has not been returned.
16. It is the responsibility of all Customers to ensure that all equipment should be emptied of all personal belongings as no responsibility can be accepted for their safe custody.
17. The Company does not accept any liability for any damage or injury to goods or persons caused by the misuse of the hire furniture.
18. It is the Customer’s responsibility to ensure that all hired electrical goods are connected to the correct power lines.
19. Without prejudice to any of its rights the Company may terminate or suspend the hire of furniture to the Customer without notice and recover possessions of the hire furniture if the Customers: a)is in breach of any of the provisions of these terms and conditions, or b) presents or allows to be present an application for an interim order or a petition for bankruptcy within the meaning of the Insolvency Act 1986 or allowing a levy against the Customer of any distress execution, or c) the Customer enters into or attempts to enter into a composition with creditors or goes into liquidation, or d) a receiver or administrator is appointed in respect of the Customer’s assets or any of them or a meeting whether formal or informal is called of Customer’s creditors.
20. Any waiver by the Company of any breach by the Customer of these terms and conditions is limited to the particular event. No delay to act on a particular breach by the Company shall be deemed to be a waiver.
21. These terms and conditions govern the hire furniture to the exclusion of any other oral or written agreement. No notification of these terms and conditions shall be effective without the prior written consent of the Company.
22. These terms and conditions shall be governed and constructed and shall take effect in accordance with the Laws of England and Wales and shall be subject to the exclusive jurisdiction of the English and Welsh Courts.
23. The Company may assign the benefit of its contract with a Customer at any time after giving written notice to the Customer. The Customer may not assign this agreement without the prior written consent of the Company.
24. Instructions of the Customer (different from those on the requisition) cannot be carried out, unless given in writing to the Company 14 days prior to action required and accepted by the Company in writing.
25. The Company is only hiring out goods and will under no circumstances sell any items to the Customer.
26. Transport is negotiable according to the venue. The Company reserves the right to alter ranges, specification and prices of any products offered for hire in its catalogue and all are offered for hire subject to availability and the company shall not be bound by any order placed by the Customer until it has notified the Customer in writing of its acceptance.
27. For non account customers 100% of the agreed price must be paid in full with cleared funds, before goods will leave our premises, failure to adhere to these terms may result in delay of delivery. This also applies to extension of hire, failure to adhere to this will result in collection of goods.
28. Any complaints that may arise must be reported in writing while our transport team are on site, or within 12 hours of delivery and sent to our transport manager or your company contact.
29. All dimensions quoted are an approximate.
30. Where the Company, take receipt, store and transport goods to and from site on behalf of Customers, it is the Customer’s responsibility to ensure all goods are clearly labeled and fully insured during this period.
31. Payment in part or in full of any contract to supply goods/or services herein referred to shall be deemed to mean acceptance in full of these terms and conditions.
32. In the event of a customer being in default of payments, the company reserves the right to hold any of the customer’s goods against such payments. If the payment is not forthcoming within a reasonable period, the company may, at its absolute discretion, sell off all or part of such goods, as agent for the customer, and set the proceeds against the monies due and any costs so incurred. Upon accounting to the customer for any balance outstanding, the company will be discharged from all liability whatever in respect of the goods.
33. The company shall be relieved of its obligation to perform any contract to the extent that the performance is prevented by failure of the customer fire, weather conditions, industrial dispute, labour disturbance or any other cause beyond the reasonable control of the company.
34. No employee of the company, whilst in the course of his or her duties, shall be held separately responsible under any circumstances whatsoever for any liability for loss, damage or other default outside his or her reasonable control.
35. These terms and conditions can only be changed with the written approval of a director of the company. The Terms and conditions can only be changed by the company and with written approval.
36. Shortages and damages to hired linen will be charged at the full replacement value. No substitute items will be accepted as replacement by the owner. Damages include items that have sustained burns and scorches, cuts and rips, defacement, ink marks, earth or concrete stains and candle wax. All linen must be returned in the original bags or boxes provided and in a dry state.
37. The Company charges a non refundable slight damage waiver of 3% on all orders. This covers general cleaning and wear and tear. This does not cover any missing or damaged furniture, in this event the Customer is liable for the full replacement cost.
*15% discount and £100 John Lewis voucher offers are valid on orders over £250 signed and delivered in August 2018 only. Does not include carriage. No cash alternative is available. Offer cannot be used in conjunction with any other promotion by Funky Furniture Hire Limited. Promotions may be varied or withdrawn at any time in whole or in part without prior notice and is subject to availability. Participation in this promotion constitutes acceptance of these terms and conditions. Subject to availability.