Terms & Conditions
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1.1 In these Conditions:
‘BUYER’ means the person whose name appears on the attached written order GOODS’ means the goods (including any instalment of the goods or any parts for them), which the Seller is to supply and set out on the attached Written Order ‘SELLER’ means Jaques Samuel Pianos (registered in England and Wales under number 854907)
‘CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller and attached to these conditions
‘CONTRACT’ means the contract for the purchase and sale of the Goods.
‘WRITING’ includes telex, cable, facsimile transmission, electronic mail and comparable means of communication.
'WRITTEN ORDER' means the attached written order setting out the agreed price for the Goods.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF THE SALE
2.1 The Seller shall sell and the Buyer shall purchase the Goods subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and the Seller or either party’s authorised representatives.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods including but not limited to maintenance and storage of the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations, which are not so confirmed.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3. ORDERS & SPECIFICATIONS
3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.2 The quantity and description of and any specification for the Goods shall be those set out in the Seller’s Written Order.
3.3 If the Goods are to have any process applied to them by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other
industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.
3.4 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
3.5 The Seller reserves the right to charge the Buyer a deposit of fifty per cent of the value set out in the Written Order at the date hereof.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the Seller’s quoted price set out in the attached Written Order.
4.2 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture),
any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
4.3 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
Jaques Samuel Pianos Ltd (the Seller) hereby agrees with the Buyer
1.1 In the event of the Buyer purchasing an upright or grand piano from Jaques Samuel Pianos Ltd. within 5 years of the purchase date and subject to the remaining provisions of this agreement, the Seller will refund to the Buyer the sum of the retail price paid excluding VAT against the Sellers recommended retail price of the new piano at the date of its purchase (NB not valid in conjunction with any other offer e.g. sale prices). The upgraded piano must be at least four times the full price paid for the original piano (incl. VAT).
1.2 The agreement set out in Clause 1.1 is conditional upon:
a. The piano purchased on the date hereof being serviced by the Seller (for a minimum of one full day service) every twenty-four months and tuned at least once every six months by the Seller at the cost of the Buyer.
b. The Buyer paying to the Seller the cost of any damage occasioned to the piano (damage by fair wear and tear excepted)
c. The cost of such damage to be determined by Jaques Samuel Pianos Ltd.
d. The Sellers recommended retail price of the new piano being paid by the Buyer.
e. The production by the Buyer of the original purchase contract.
2. The agreement is personal to the Buyer and not transferable.
3. In the event of any one of the conditions set out in Clauses 1.2 not being complied with the Seller shall be released from its obligations set out in Clause 1.1 hereof.
In the event that the Seller is not able to supply a new piano as stated in clause 1.1 as a result of any cause beyond its reasonable control then this agreement shall be null and void.
6. TERMS OF PAYMENT
5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods at any point after the Buyer and Seller have signed these Conditions or 21 days prior to delivery of the Goods which ever is the later.
5.2 The Buyer shall pay the price of the Goods within 14 days of the date of the Seller’s invoice, and the Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
a) cancel the Contract or suspend delivery to the Buyer; and
b) charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per cent per annum above National Westminster Bank Plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
5.4 Delivery of the Goods shall not be made until the Seller has received cleared funds in full payment.
6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed with the Seller, by the Seller delivering the Goods to that place. A delivery charge shall be levied by the Seller in accordance with the Written Order.
6.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.3 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
8. RISK & PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
a) in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
b) in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
9. LIMITATION OF LIABILITY
8.1 The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer.
8.2 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval.
8.3 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be
entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
8.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
8.5 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage
(whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
8.6 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control.
8.7 The Seller shall be under no liability in respect of any damage occasioned to the property of the buyer. Any damage occasioned to other property during the delivery of the goods is the responsibility of the Buyer.
9.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
9.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.3 If any provision of these Conditions is held by any competent authority to be invalid or un-enforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
9.4 The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
9.5 The Buyer agrees to provide legal parking and to pay any parking penalties or fees incurred during the delivery.
An agreement made between Jaques Samuel Pianos Ltd. (hereinafter called the Owners) and the ‘Hirer’
WHERE BY IT IS AGREED AS FOLLOWS:
1. The Owner shall let on hire and the Hirer shall take a piano as detailed on contract upon the following terms and conditions:
2. The hire shall commence on the date as detailed on contract
3. The Hirer shall:-
a) Pay the Owner the first months’ rental in advance, then subsequent payments by credit/debit card one month in advance, for a minimum period of six months.
b) Pay a deposit which will be refunded at termination of the contract, subject to the return of the piano in a reasonable condition allowing for wear and tear.
c) Pay the Owners in advance, for the installation tuning (to take place within approximately one month of delivery).
d) Provide accurate information in respect of the number of flights of stairs and pay transportation costs (to and from) in advance and in the event that the piano is moved use only Jaques Samuel Pianos transportation services. If inaccurate information is given with regard to transportation details an extra charge may be levied against my credit card as in Clause 5. I agree that if the piano is undeliverable due to access restrictions or failing to provide access to the delivery address at the agreed time then I will pay a wasted journey fee equivalent to 50% of the transport fee and may be levied against my credit card as in Clause 5.
e) Keep the pianoforte in good condition and substantial order whilst in the Hirer’s custody at the above address and, shall not remove or part with the possession of same without the previous consent in writing from the Owners.
f) Provide a photocopy of the photograph page from your current passport.
g) Ensure that the instrument is kept in a reasonable temperature (65 deg. F.).
h) Have the piano tuned once every six months by a Jaques Samuel Pianos Ltd tuner and allow no tuner other than a Jaques Samuel Pianos Ltd tuner to attend the instrument.
i) Pay a cancellation fee to the full amount of the tuning fee if less than 48 hours notice of cancellation is received.
j) Be responsible for any damage caused whilst the instrument is on hire.
k) Permit persons authorised by the Owners during the period of hiring to inspect the condition of the said pianoforte.
l) Pay £ 2.50 per month limited liability and be liable to pay the Owners any amount deducted by the Insurers by way of excess.
m) Pay the Owners £10 per month for each late payment payable for each month the amount is outstanding.
n) Indemnify the Owner against all liabilities, fines or penalties imposed on the Owners or arising in respect of any non-compliance or contravention of any law or regulation.
o) Not sell, assign, mortgage, let on hire dispose of or part with possession of the piano or charge the benefit of this Agreement nor attempt to purport to do so.
4. If default be made in punctual payment of the hire rent in advance, or if the Hirer shall not observe and perform all the terms and conditions of the Agreement, or shall suffer or do anything whereby the Owner’s rights shall or may be prejudiced, it shall be lawful for the Owners at any time after such default as aforesaid to resume
possession of the said pianoforte and for such purpose to enter in or upon the/any premises occupied by the Hirer.
5. I agree to any overdue charges being debited against my credit card number without further consent. I also agree that should I fail to have the piano tuned as stated in clause h that one from the required date of tuning the current tuning charge may be placed against the credit card. I also agree that should I fail to make the
piano available to be tuned at the agreed time then I will pay a wasted journey fee equivalent to the full amount.
6. The Hirer shall be solely responsible for and hold the Owners fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expences which may be brought against or incurred by the Owners as a result of any accident involving the piano(s) or as a result of any breach or default of the Hirer of the terms of this Agreement.
7. If on the termination of the rental agreement, (or sooner), the Hirer wishes to enter into a purchase agreement for the instrument previously hired or one of a similar nature to that detailed on the rental agreement, and the Owners agrees to sell the instrument, the Owners, at their discretion, will allow the following in
respect of monies paid as part of the rental agreement as a deposit on any future purchase agreement in respect of the said merchandise, this offer is not available for goods, offered at a reduced price or subject to any other promotional benefit; Termination within nine months of the commencement of rental an allowance of 100% of the rental fee paid less Vat.
8. FORCE MAJEURE
Although the Owners will use all reasonable endeavours to discharge their obligations under this agreement in a prompt and efficent manner it does not accept responsibility for any failure or delay caused by circumstances beyond its control.
9. This Agreement to be TERMINATED by either party at the end of any week by giving notice to the other party IN WRITING to that effect.
10. Any notice hereunder shall be in writing and may be served by sending it by pre-paid first class letter post or delivered (in the case of a limited company) to the address stated herein and in any case to the last known address of the addressee.
11. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the Law of England. The Hirer irrevocably submits to the non exclusive jurisdiction of English Courts.
1.1 In these Conditions:
‘CHARGES’ means the charges specified and calculated at the rate set out in the Quotation
‘EFFECTIVE DATE’ means the date upon which the Company collects the Piano
‘PIANO’ means the piano owned by the Customer and agreed to be transported and or stored by the Company
‘QUOTATION’ means the quotation attached to these conditions and delivered by the Company to the Customer.
1.2 The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
1.3 The Quotation forms a part of these terms and conditions and will have effect as though it were set out herein.
2.1 Subject to any special terms agreed the Customer shall pay the Company’s charges and any additional sums which are agreed between the Company and the Customer as set out in the Quotation for the provision of the transportation of the piano / storage of the piano.
2.2 The Company shall be entitled to vary its charges from time to time by giving not less than one months’ written notice to the Customer.
2.3 All Charges quoted to the Customer for the provision of transportation of the pianos and its storage if applicable are exclusive of Value Added Tax.
2.4 The Company shall be entitled to invoice the Customer following the end of each month in which the Piano is stored by the Company.
3.1 The Company’s Charges for the transportation of the piano shall be paid by the Customer in full in advance.
3.2 If payment is not made on the due date, the Company shall be entitled without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgement) at the rate of 4% above the base rate from time to time of Nat West Bank plc from the due date until the outstanding amount is paid in full.
4.1 If the Company’s charges are not paid the Piano will be retained by the Company until payment is made in accordance with condition
4.2 The Company shall be entitled to charge for storing the Piano during this period. All storage charges must be paid in full before the Piano can be released. For the avoidance of doubt the charges for storage are £60+VAT per month for upright pianos and £80+VAT per month for grand pianos.
4.3 The Company shall have a general or particular lien upon the Piano in its possession for all monies and expenses due from the Customer. The Company shall be entitled to raise storage charges and/or other expenses whilst it maintains the lien
5.1 These conditions shall come into force on the Effective Date and will continue unless and until terminated by either party giving the other not less than two weeks written notice.
5.2 The Company shall be entitled to retain the Piano until the Client has paid all Charges.
6. LIMITATION OF LIABILITY
6.1 The Company shall not be liable for:
a) loss or damage caused by war, invasion, acts of foreign enemies, hostilities, civil war, rebellion, insurrection or military coup, wear or tear, gradual deterioration, acts of God or circumstances beyond the Company’s control; or
b) loss of use, loss of enjoyment, loss of profit or any other indirect consequential loss.
c) Any damage occasioned to the property of the Customer. Any damage occasioned to other property during the transportation of the piano is the responsibility of the Customer.
7.1 In the event that the Company provides storage facilities for the Customer’s Piano the Customer is subject to these terms and conditions.
7.2 The Piano may be stored at a separate location. The Company has inspected the Piano prior to storing the same and makes the following observations on its condition contained in a separate report.
7.3 The Customer is advised that if the Piano is a grand piano it will be de-legged and stored on its side.
7.4 The Company will exercise reasonable skill and care to protect the Piano from theft or damage and shall maintain appropriate insurance. In the event of theft or damage the insurance value will be the market value determined by the Company’s insurance brokers’ loss assessor.
7.5 The Client is entitled to take out additional insurance at his or her own expense.
7.6 The Company shall not be responsible for any natural deterioration to the Piano.
7.7 The Company confirms that it has a professionally installed security system which is regularly maintained to the highest standard.
On delivery of the Piano to the Customer’s premises the Company shall not be liable for damage or specific loss to the Piano unless it is reported to the Company’s representative at the point of delivery and recorded on the delivery sheet.
9. END OF AGREEMENT / POWER OF SALE
9.1 In the event of more than 12 weeks of storage being outstanding the Company shall give the Customer 28 days written notice requiring the Customer to pay all debts and collect or allow delivery of the Piano from its care and control.
9.2 If the Customer fails to remove or allow delivery of the Piano, the Company may sell or otherwise dispose of the Piano without further notice. The proceeds of sale shall be credited to the Customer’s
storage account or against any other payments due to the Company.
9.3 The Customer will be responsible for any costs incurred by the Company in selling or disposing of the Piano.Any surplus will be paid to the Customer without interest.
10.1 These conditions and Quotation constitutes the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties.
10.2 All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its principal address as may at the relevant time have been notified pursuant to the provision to the party giving the notice.
10.3 Customer agrees to provide legal parking facilities for the collection and delivery of the piano and to pay any parking fees incurred during these times.
10.4 These conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submits to the exclusive jurisdiction of the courts of England and Wales.
1.1 In these conditions:
‘HIRER’ means the person who accepts the attached quotation for the hire of the Piano.
‘PIANO’ means the piano, the details of which are set out on the attached quotation.
‘OWNER’ means Jaques Samuel Pianos (registered in England and Wales under number 854907).
‘DATE OF DELIVERY’ means the date specified on the attached quotation.
‘DATE OF COLLECTION’ means the date specified on the attached quotation.
The Owner agrees to hire and the Hirer agrees to take on hire the Piano(s) upon and subject to the terms and conditions contained herein. The hire shall commence on the “Date of Delivery” and, subject to Condition 2 below, shall continue up until the “Date of Collection”.
3. EXTENSION OF RENTAL PERIOD
The Hirer may with the agreement of the Owner extend the period of rental by paying such Additional Amount as the Owner shall require. Any such extension shall commence on the “Date of Collection” or in the case of a second or further extension, the expiration of the preceding extension and shall expire on the stated date. In the event of an extension(s) the new date agreed for the return of the Piano(s) shall then become the “Date of Collection”.
4. WARRANTY BY HIRER
The Hirer hereby warrants to the Owner for the purposes of this agreement and any insurance contract entered into pursuant to the provisions of Condition 6,
a) the accuracy of the information supplied to the Owner: by the Hirer in any verbal and/or written communication; and by any person who signs the Agreement on behalf of the Hirer; and agrees that the Hirer shall be liable to the Owner for any loss
howsoever occasioned to the Owner as a result of any inaccuracy in such information;
b) that he will comply with the obligation imposed upon the Hirer by this Agreement.
5. WARRANTIES AND INDEMNITIES
5.1 The Owner warrant to take all reasonable steps to supply a Piano(s) which has been specifically selected on a date before the Date of Delivery, by the Hirer or agent thereof. Notwithstanding the specific selection of Piano(s) the Owner shall not be liable for the non-delivery of the selected Piano(s) which arises from any unforeseen circumstance occurring prior to the Date of Delivery. In the event that the
selected Piano(s) becomes unavailable, the Owner warrants to inform the Hirer at the earliest possible date.
5.2 During the continuance of the hire period the Hirer shall be solely responsible for and hold the Owner fully indemnified against any loss, damage or injury (including death) to persons (other than the Hirer) or property occurring in connection with the Piano(s) or as a result of the use thereof and caused negligently or by reason of any breach of the Hirer’s obligations contained in this Agreement.
5.3 Except in respect of any wilful act or omission by the Owner and except as provided by statute, the Owner shall not be liable for any losses, liabilities, costs, claims or demands which the Hirer may incur directly arising out of or in respect of any wilful act or omission by the Owner. The Owner shall not be liable for any losses, liabilities, costs, actions, claims or demands which the Hirer may incur directly arising
out of or in respect of any defect in the Piano(s), or other equipment supplied, or as a result of the actions of the Owner or his appointed Agents in delivering or collecting the Piano.
5.4 In no event shall the Owner be liable for any special or consequential damages or other indirect loss, however arising, including but not limited to, loss of business, income, profits, interest, utility, loss of a market or other commercial or financial losses, whether or not the Owner had knowledge that such damages might be incurred.
5.5 The Owner warrants to take all reasonable steps to adhere to the anticipated times of delivery, collection, and tuning of the Piano(s) but will not be liable for any delay in delivering, collecting or tuning any Piano(s) under any circumstances.
5.6 If the Hirer is not a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 the rights, duties and liabilities arising by virtue of Section 9 of The Supply of Goods and Services Act 1982 are hereby expressly excluded.
6. OBLIGATION OF THE HIRER
6.1 The Hirer shall:
a) pay to the Owner interest at the rate of 4% per annum above the base rate for the time being of National Westminster Bank Plc on all sums which may be due from the Hirer to the Owner which are unpaid, such interest being calculated from the due date until actual payment and being compounded quarterly and also payable as well
after as before any Judgement obtained in respect thereof;
b) notify the Owner of any change in the Hirer’s address;
c) not use or permit the Piano(s) to be used or operated in any manner contrary to any statutory provision or regulation or in any way contrary to law;
d) be fully responsible for any loss thereof or damage to the Piano(s) howsoever occasioned. The Hirer shall give immediate notice to
e) the Owner, of any loss or damage to the Piano(s) or any defect and the obligations of the Hirer shall not be prejudiced by the existence of any policy or insurance in respect thereof;
f) ensure that without the written consent of the Owner the Piano(s) is not moved by persons other than the employees or authorised representatives of the Owner;
g) ensure that no persons other than the employees or authorised representatives of the Owner carry out any work upon or other wise interfere with the Piano(s);
h) ensure that the Piano(s) is kept in conditions of ambient constant temperature of 20 degrees centigrade (plus or minus 10 degrees centigrade) and relative humidity of between 45–70%, and that the Piano(s) is not exposed to any conditions or elements which are likely to cause damage;
i) not sell, assign, rehire, let or rent, or otherwise dispose of the Piano(s) or attempt to do any of these things;
j) not use the Piano(s) for any purpose for which it is not designed;
k) not hold himself out or purport to act as the agent of the Owner for any purpose whatsoever;
l) observe and perform the terms and conditions of all policies or contracts of insurance relating to the Piano(s) or its use;
m) not remove, change or conceal any name or other mark identifying the manufacturer of the Piano(s);
n) be solely responsible for and hold the Owner fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against of incurred by the Owner as a result of any accident involving the Piano(s) during the period of time or as a result of any breach or default of the Hirer of the terms of the Agreement;
o) provide accurate information in respect of the number of flights of stairs and pay transportation costs (to and from) as detailed in the quotation, in advance and in the event that the Piano(s) is moved use only the Owner’s transportation services.
7.1 The Hirer shall keep the Piano(s) insured on a comprehensive basis and without an excess to the full replacement value of the Piano(s) against loss or damage howsoever caused including but not limited to accident, fire and for theft. In the case of loss or damage to the Piano(s) the Hirer shall permit the Owner to make a claim thereunder in the name of the Hirer and in such case the Owner shall hold the proceeds of any claim upon trust to apply the same in satisfaction of the obligations of the Hirer under the Condition 5.1 above.
7.2 The insurance shall be in the joint names of the Hirer and Owner and the Hirer shall produce to the Owner on demand a copy of the Policy of Insurance and the premium receipt. If the Hirer shall make default in the payment of any premium in respect of the insurance the Owner may pay such premium in such event the Hirer shall repay the amount thereof to the Owner on demand.
7.3 Without prejudice to the provision of Condition 5 the Hirer shall ensure that the Piano(s) is not used for any purpose not permitted by the Terms and Conditions of the relevant policy of insurance, nor do or allow to be done any act or thing whereby any policy of insurance may be voided in such policy.
7.4 The Hirer shall forthwith upon demand fully and effectively indemnify the Owner against all losses, liabilities, costs, actions, claims, or demands which it may incur or have brought or made against it in relation to the Piano(s) or its use and which are not recoverable under a policy of insurance.
7.5 Where any event or accident shall occur which is a risk covered by the Hirers insurance hereunder the Hirer shall immediately notify the Owner thereof, shall not compromise any claim without the consent of the Owner, shall allow the Owner to take over the conduct and negotiations (except in relation to claims of the Hirer for personal injuries or loss of use of the Piano(s)) and shall at the expense of the Hirer take such proceedings (in the sole name of the Hirer) or jointly with the Owner (as the Owner shall direct) holding all sums recovered, together with any monies received by the Hirer under its Policy of Insurance on trust for the Owner and paying or applying the same as the Owner directs.
7.6 The Hirer will be liable to pay the Owner any amount deducted by the Insurers by way of excess.
7.7 The Hirer may opt to take insurance on the Owner’s policy after paying in full and in advance the amount listed on the quotation. An excess of £150 is payable on each and every claim.
The Piano(s) shall at all times remain the property of the Owner and the Hirer shall have no rights to the Piano(s) other than as Hirer and the Hirer shall not do or permit or cause to be done any matter or thing whereby the rights of the Owner in respect of the Piano(s) are or may be prejudicially affected.
9. PAYMENT TERMS
9.1 Payment in full is due before the “Date of Delivery” unless written confirmation of Credit Terms has been received from the Hirer.
9.2 If written confirmation of Credit Terms has been received from the Hirer then payment in full is due within 30 days of the “Date of Delivery”.
10.1 This Agreement shall terminate on the Date of Collection.
10.2 Notwithstanding any other terms this Agreement may be terminated by either party on giving 72 hours notice in writing to the other party.
10.3 Upon termination of this Agreement the Hirer shall pay to the Owner:
a) any arrears of rental then due and all other sums accrued and unpaid at the date of termination together with interest thereon payable to this Agreement;
b) the cost of all repairs required as at the date of termination; and
c) compensation for the loss suffered by the Owner as a result of such termination; and
d) any other sums which are or become due to the Owner or to which the Owner is entitled by way of damages.
10.4 The termination of the hire constituted by this Agreement shall not affect any rights of the Owner or liabilities of the Hirer subsisting at the date of termination.
11. VALUE ADDED TAX
All sums due from the Hirer to the Owner hereunder shall be inclusive of Value Added Tax which shall also be payable at the rate for the time being in force.
No forbearance indulgence or relaxation on the part of the Owner shown or granted to the Hirer in respect of any of the provisions of these conditions shall in any way affect, diminish, restrict or prejudice the rights or powers of the Owner under these conditions or operate as or be deemed to be a waiver or any breach by the Hirer of these
Any Notice hereunder shall be in writing and may be served by sending it by pre-paid first class letter post or delivery to the last known address of the addressee.
Where there are two or more parties to these conditions as Hirer their liability hereunder shall be joint and several. In these conditions where the context so admits or requires the masculine gender shall include the feminine or neuter (and vice versa) and expressions in the singular shall include the plural.
15. GOVERNING LAW
These conditions shall be governed and construed in accordance with the laws of England and Wales.
NOTICE TO VISITORS TO JAQUES SAMUEL PIANOS AT 142 EDGWARE ROAD, LONDON, W2 2DZ ("the Premises")
The Premises are owned and operated by Jaques Samuels Pianos Limited ("Jaques Samuels")
1 Subject to clause 2 below Jaques Samuels is not liable for:
(a) the death of, or injury to any visitors to the Premises; or
(b) damage to any property of any visitor to the Premises; or
(c) any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by any visitor to the Premises.
2 Nothing in clause 1 above shall limit or exclude Jaques Samuels' liability for:
(a) death or personal injury or damage to property caused by negligence on the part of Jaques Samuels or its employees or agents; or
(b) any matter in respect of which it would be unlawful for Jaques Samuels to exclude or restrict liability
Safety Method Statement and Risk Assessment
Stock Delivery and Placement
In accordance with section 2(3) of the Health and Safety etc. at Work Act 1974, this document sets out Jaques Samuel Pianos' general policy for the protection of the health and safety of its employees and members of public with regard to the delivery and placement of piano stock to various venues and the on-site tuning and repair of instruments.
Jaques Samuel Pianos aims to regularly monitor, review and improve all aspects of health and safety at its place(s) of business through the use of a proactive and consultative health and safety management policy. It believes that this will provide for the best possible working environment for its staff and reduce the possibility of harmful working conditions.
Possible Hazards and Risk Assessment
Manual handling of large and heavy items such as pianos inherently involves an element of risk to the health of those involved. Likely hazards are personal injury from poor lifting and manoeuvring techniques such as strains or back injuries, or from an impact caused by dropping or loss of control of the piano. Unfamiliarity with the location poses potential hazards to delivery staff.
Hazard Prevention Methods
The risk of possible hazards can be reduced by following best practice and established safety procedures.
Staff will use supplied manual handling equipment as appropriate for the task at hand in accordance with best practice methods as laid out during training. This specifically includes the use of four-wheeled transport trolleys to manoeuvre the piano whilst on location. Appropriate clothing is supplied such as protective footwear and gloves.
When at the site of delivery, staff will contact and co-operate with the responsible person on -site as to the safe means of entry to the premises and in all other relevant safety matters.