Hire contract for pottery equipment: Terms and conditions
These are the terms and conditions subject to which we allow you to hire our Equipment. By signing this contract, you agree to be bound by them.
We are: T & L Riley, trading as Fancy Frog Pottery of 133 Dean Road, Scarborough, North Yorkshire, YO12 7JH Telephone: 01723 370808 (the “Owner”)
You are: Anyone who hires the Equipment from the Owner (the “Hirer”)
It is now agreed as follows:
These definitions apply unless the context requires a different interpretation:
means the hiring fee and includes all cost related in any way to this hire contract.
means a sum paid by you to us as a bond against the possibility of loss or damage to the Equipment while in your possession and against late return of the Equipment to us.
means the subject matter of this contract as described in the Quotation.
means the period of time within which you are entitled to possession of the Equipment.
means a fixed price offer by us to you which you have accepted, a copy of which is attached to this contract as Schedule.
means the leisure activity Equipment and any other services we provide to you under this contract for a specific period.
means the place where the Equipment was delivered and is to be used by you.
In this contract unless the context otherwise requires:
2.1a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2.2a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.3a reference to a person or party includes reference to that person's successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.4in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.5the headings to the paragraphs and schedules (if any) to this contract are inserted for convenience only and do not affect the interpretation.
2.6any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.7these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
3.The Basic Contract
3.1This is a hire contract. We own the Equipment and hire it to you for the Hire Period, for a Charge. You may not deal with the Equipment in any way which is contrary to our ownership of it. If you do, you will be in breach of this contract and will also be committing a criminal offence.
3.2The Hire Period is as shown in the Quotation.
3.3The Quotation is an invitation to hire. Neither of us is bound to a legal contract until you accept and sign this contract.
3.4This contract and the Quotation together contain the entire agreement between us and supersede all previous agreements and understandings between us. By signing, you accept the terms set out in the Quotation and the terms of this contract.
3.5Risk in the Equipment passes immediately to you when the Equipment leaves our possession. That means you are responsible for taking care of it. You remain responsible until the Equipment is safely back in our possession.
4.Ownership of Equipment
4.1The equipment and any additional tools or accessories provided will at all times remain the property of Fancy Frog Pottery and the Hirer shall not sell or offer for sale, lend or part with possession of the equipment and shall take all reasonable precautions to safeguard the equipment including any additional accessories provided.
5.1If a delivery charge is applicable this is shown in the quotation. Delivery will be made by us to your address stipulated in the Quotation. You must ensure that someone is present to accept delivery.
5.2We shall require you to provide 2 forms of Identification to confirm that you are the Hirer and that we are delivering to the Hirer's address. (e.g. driver's license or passport plus utility bill or other form of ID showing your address)
5.3We shall not leave the Equipment without your having signed for it, or to avoid close contact during the pandemic we may take a photograph of the equipment being received at your doorstep instead.
5.4If for any reason we are not able to deliver the Equipment at the agreed date and time, we shall notify you by e-mail or telephone to arrange another date or time for delivery.
5.5You may not use the Equipment at any other place than on the Site.
5.6We shall not be liable for any loss or expenses caused directly or indirectly by any delay in the delivery.
5.7If delivery is unsuccessful because you are not at home at the agreed time, we will leave a calling card showing the time we attempted the delivery. In this instance you should contact us as soon as possible to discuss a remedy such as coming to collect the equipment from our studio, or requesting a repeat delivery. We will do our best to offer a repeat delivery but this is not guaranteed. Any repeat delivery will be charged at £20, deducted from your security deposit. Hire periods will not be altered or extended and the fee paid will remain the same.
6.1Collection will be made by us from the Site at the date and time shown in the Quotation. You must ensure that someone is present to hand over all the equipment included in the package. A receipt for handing back the equipment will be given at pick up.
6.2A failed collection attempt will be charged at £20 and an unauthorized extension of the hire period will be charged at £50 per day – deductible from the security deposit.
7.Charges: payment procedure
7.1All Charges are specified in the Quotation.
7.2The standard fee of £50 per day will be charged for Equipment that has not been collected from the Hirer at the end of the hire period.
7.3This will be deducted form the security deposit.
8.Security Deposit: payment procedure
8.1The Deposit specified in the Quotation shall be paid by you to us by bank transfer no later than 24 hours before the start of the hire period.
8.2The Deposit will be repaid to you after we have taken back possession of the Equipment and we have had a reasonable time to assess its condition.
8.3We will then authorise the return of your deposit by bank transfer promptly and in any case no later than 14 days
8.4If we have reason to make a deduction from the Deposit, we will tell you the reason in writing and the sum deducted. We shall never deduct more than our actual loss or cost of remediation, or additional hire time.
9.If you need to Cancel:
9.1You may cancel this contract at anytime before 6pm on the day of delivery. Cancellation requests after this time will not be considered under any circumstances. A cancellation request must be made to us in writing and is best done via email to firstname.lastname@example.org with the subject “Cancellation”. There is a £20 administration fee associated with any cancellation. This will be deducted from your refund. All hire charges, delivery charges and deposit monies remaining will be refunded within 14 days.
9.2Please inform us as soon as possible if you wish to cancel so we may offer the equipment to someone else and avoid financial loss.
10.Equipment not as ordered
10.1We shall use all reasonable endeavours to ensure that the Equipment complies with its description on the Quotation and is of satisfactory quality and/or fit for purpose. We will check and test that the equipment is fully working and in a good state of repair and cleanliness prior to delivery.
10.2Immediately upon taking possession of the Equipment, you should examine it and satisfy yourself that it complies with the Quotation, is of merchantable quality and has arrived in safe, clean and usable condition.
10.3If you find any defect in the quality or quantity of the Equipment, or a failure to comply with the Quotation, you must contact us immediately to inform us of that defect.
11.Breakdown and repair
11.1 You must inform us immediately of any problem in the operation of the Equipment.
11.2In the first instance we will contact you to try and establish the problem and find a solution remotely.
11.3If we are not able to resolve the problem remotely, you must tell us your availability for us to come to the Site to assess the problem and possibly collect it for examination in our workshop.
11.4If we agree that there is a fault in the Equipment, you may choose whether we should replace it or terminate the hire. In any event we will refund you, for any period in which the Equipment is not useable.
11.5If we repair or replace Equipment, you have no additional claim against us either under this contract or by statute or common law, in respect of the defect or problem.
11.6If you have been negligent in your care or use of the Equipment, you will pay us for appropriate repair or replacement of Equipment of the same quality without deduction for depreciation or use. Costs will be deducted from the security deposit.
12.Hirer’s other obligations
You agree that you will:
12.1not to permit any other person to use the Equipment unless they are supervised and instructed in the safe and correct usage.
12.2supervise children at all times when using the Equipment.
12.3not take the Equipment to any site other than the Site.
12.4read the 'Pottery Wheel User Guide' provided along with the Equipment prior to use.
12.5use the Equipment only in accordance with the manufacturer's instructions as outlined in the 'Pottery Wheel User Guide'.
12.6keep the Equipment safe.
12.7allow us to come on Site at any reasonable time to inspect the Equipment, and, if damaged, to remove it.
12.8return the Equipment to us in condition in which we delivered it to you.
12.9not attempt to repair or service the Equipment.
13.Loss or damage caused by third parties
13.1You must inform us immediately if the Equipment is stolen or damaged by a third party.
13.2You undertake to report the theft to us and to the Police, and after that to co-operate with us and with the Police so far as your help may be required.
14.Disclaimers and limitation of liability
14.1Conditions, warranties or other terms implied by statute or common law in any country, are excluded from this contract to the fullest extent permitted by law.
14.2We are not liable to any person in any circumstances if at any time:
14.2.1.the Equipment has been damaged in any way whatever;
14.2.2.the Equipment has been repaired or serviced by someone not authorised by us to provide that service;
14.2.3.the model or serial number of the Equipment has been altered, tampered with, defaced or removed.
This agreement terminates on the first to happen of the following events:
15.1at the expiry of a fixed Hire Period set out in the Quotation, or any extension of it;
15.2we give you notice that we are terminating the agreement because you are, or might be, in breach of this agreement including a failure to make payment of Charges when due.
16.1Data provided by the hirer to Fancy Frog Pottery as part of this agreement will only be used by Fancy Frog Pottery to contact the hirer about matters relating to this agreement and the hire of the equipment. The data will not be passed to any third parties.
16.2If the hirer has previously supplied the data to Fancy Frog Pottery for a different purpose that data may be used in line with the reasons and consent given at the previous point of collection.
17.You indemnify us
17.1The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs arising out of, or related to, the Hirer's use of this equipment and associated accessories.
18.1No amendment or variation to this contract is valid unless in writing, signed by us.
18.2So far as any time, date or period is mentioned in this contract, time shall be of the essence, except we shall not be liable if delivery of the Equipment by us to the Site is delayed for reasons beyond our control.
18.3If any term or provision of this contract is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.4The rights and obligations of the parties set out in this contract shall pass to any permitted successor in title.
18.5Any obligation in this contract intended to continue to have effect after termination or completion shall so continue.
18.6No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.7The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
18.8Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
18.9In the event of a dispute between the parties to this contract, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
18.10This contract does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this contract which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
18.11Unless this contract says otherwise, neither party shall be liable for any failure or delay in performance of this contract which is caused by circumstances beyond its reasonable control.
18.12The validity, construction and performance of this contract shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
18.13 The Owner warrants that, as long as no event of default has occurred, the Owner will not disturb the Hirer's quiet and peaceful possession of the Equipment or the Hirer's use of the Equipment for the purpose for which the Equipment was designed.
You accept the offer only when you sign and date this contract, agreeing to its terms.
I, the Hirer, confirm that I have read the hire contract and agree the terms.