| Please read carefully
to ensure these conditions do not contain anything with which you are
not prepared to agree.
1. General
This contract is for the hire of items & accessories (kilt &
accessories) and the sale of goods detailed overleaf, and the parties
to the contract are
(a) Definitions
The Hirer and, where the Hirer is not an individual acting in person,
the "signatory" overleaf.
The Kilt Hire Co Ltd (Registered No. 158881) with registered offices
at 23 Queen Street, Edinburgh EH2 1JX.
Any condition deemed invalid would not affect other conditions.
Nothing in this contract is intended to limit a consumer's existing
legal rights.
(b) Extent of Contract
The contract is not assignable and is effective when The Kilt hire Co
accepts
the Hirers detailed order.
(c) Termination
The Kilt Hire Co may terminate the contract & repossess hired goods
without affecting any rights to recover monies due, damages for breach
of contract or other remedies where the Hirer is in breach or is involved
in insolvency or liquidation proceedings.
(d) Ownership of Goods
Goods hired remains the property of The Kilt Hire Co at all times. Ownership
of goods purchased transfers only when The Kilt Hire Co receives full
payment.
2. Hire Charges
(a) Basis of Charging
The stated hire charges overleaf are for the duration of the contract
and include Saturdays, Sundays and public holidays.
(b) Time for Payment & VAT
The Hirer will pay all monies outstanding, including VAT, on demand
(interest on accounts overdue will be charged at the Royal Bank of Scotland
base rate plus 4%) and will be liable for reasonable legal charges,
incurred by the Kilt Hire Co, in the recovery of amounts due, Hired
or sale goods.
(c) Deposits
Deposits are set by The Kilt Hire Co, at amounts reasonably required
and will be offset against any monies due. Deposits are non returnable.
(d) Credit & Debit Card Transactions
Where the Hirer has signed a blank credit or debit card voucher, with
a subsequent payment shortfall, the Kilt Hire Co may insert and present
for payment the balance due. Part payments by credit or debit card may
also be processed by The Kilt Hire Co at interim stages of the contract.
(e) Loss of Hired Goods and Damage Repair
The Kilt Hire Co may treat goods unavailable for inspection after reasonable
notice as lost and levy a penalty charge against the Hirer equal to
the current replacement value. The Hirer will pay for loss of hired
goods, breakage and damage, except where condition 2 (f) applies. Hire
charges will accrue until full settlement is made.
(f) Damage Waiver Option
If the Hirer pays the appropriate damage waiver charge (where available
as an option) The Kilt Hire Co will waive any charge to rectify accidentally
damaged hired goods.
Damage waiver is not an insurance for lost or stolen hired goods.
(g) Cancellation Charges
The Kilt Hire Co charges for contract cancellation. Minimum charge £10.00
3. Hirer's Responsibilities
(a) Inspection and Receipt
of Hired Goods
The Hirer will sign to acknowledge receipt at delivery / handover, shortages
must be agreed and noted on the contract / delivery document. Goods
hired with defects must be reported to The Kilt Hire Co as soon as possible.
(b) Security of Hired Goods
The Hirer accepts responsibility for hired goods & security until
its collection by or return to The Kilt Hire Co and undertakes not to
sell or relinquish possession, alter, repair or modify it in any way.
(c) Return or Collection of Hired Goods
The Hirer may arrange for the return or collection of hired goods at
any branch of The Kilt Hire Co, during normal business hours. Return
of all hired goods will be prior to 2pm on the date specified. Collections
are chargeable, at the rate displayed. The Hirer shall remain liable
for hired goods until actual return / collection.
(d) Lost or Stolen Hired Goods
The Hirer agrees to insure the hired goods an a full replacement basis
against the risks of loss and theft and on demand pay to The Kilt Hire
Co any insurance claim proceeds.
This liability is without prejudice to The kilt Hire Co rights under
the contract. Replacement goods purchased with any insurance claim proceeds
are the property of The Kilt Hire Co.
(e) Identification
Identification (List of adequate identification posted in store) is
required on all orders prior to collection, if adequate identification
is not shown, orders will be cancelled.
The Management reserve the right to refuse any order.
4. The Kilt Hire
Co's Responsibilities
(a) Hire Rates
The Kilt Hire Co will maintain the agreed hire rates for the duration
of the contract.
(b) Inspection of Hired Goods
The Kilt Hire Co will comprehensively check the hired goods before commencement
of hire. If hired goods need to be replaced The Kilt Hire Co will substitute
items of similar specification.
(c) Fitting, Delivery & Collection
The Kilt Hire Co recommends the hired goods be collected & tried
on prior to your function. The Kilt Hire Co offers facilities in store
for the Hirer to try on hired goods. Failure to try your hired goods
prior to your function will remove liability from The Kilt Hire Co for
fitting errors. Following the Hirer's request, The Kilt Hire Co will
endeavour to deliver or collect hired goods during the next business
day, wherever possible. At the charges advertised.
(d) Limitation of Liability
The liability of The Kilt Hire Co for claims made by the Hirer does
not extend to any unforeseeable financial loss caused by late or non
delivery of hired or sale goods, unsuitability, stoppage or lawful repossession.
Subject to the above the Kilt Hire Co will be liable for negligence
or error in the performance of its obligations under the contract.
The Kilt Hire Co, Head Office: 54/56 Haymarket Terrace, Edinburgh, EH12
5LA
Telephone 0131 337 3333
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