Terms & Conditions
Sales | Home Hire | Transport & Storage | Commercial Hire
Sales
1. INTERPRETATION
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.
5. 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. DELIVERY
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.
7. 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.
8. 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. GENERAL
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.
Home Hire
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 standing order 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.
Transport & Storage
1. INTERPRETATION
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. CHARGES
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. PAYMENT
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. LIEN
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. DURATION
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. STORAGE
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.
8. INSPECTION
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. GENERAL
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.
Commercial Event Hire
1. INTERPRETATION
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.
2. AGREEMENT
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. INSURANCE
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.
8. OWNERSHIP
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. TERMINATION
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.
12. FORBEARANCE
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
conditions.
13. NOTICES
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.
14. CONSTRUCTION
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.