Terms and Conditions
Classical & Contemporary Art Hire Limited T/A Farley (”the Company”) Terms and Conditions of business
Basis of contract
An order by a Customer accepted by the Company is subject to these terms and conditions of business and constitutes the Customer’s agreement to purchase services from the Company in accordance with these terms and conditions of business.
- To provide the Company with a formal order document confirming the Customer’s full contact details, full details of any goods to be hired and any other information the Company may reasonably require before any services are provided by the Company.
- To advise the Company at the time of the order whether any collection and/or delivery services shall be required from the Company at additional cost to the Customer and specify full details of the collection and/or delivery address inclusive of any restrictions on parking, loading and unloading and all other detazils which may affect the provision of the delivery and/or collection services.
- To pay any additional costs of a failed collection and/or delivery and of organising for a new collection and/or delivery and to pay any parking charges or fines incurred as a result of the Company and any of their subcontractors having to load/unload in areas subject to parking restrictions.
- To keep all hired goods and other property of the Company in safe custody at its own risk, maintain it in good condition and not dispose of or use any such goods other than in accordance with the Company’s written instructions.
- To preserve all hired goods in the condition as at the commencement of the contract and not make any alterations to the goods (including application of specific polishing techniques) or copies of the goods without a prior written consent of the Company.
- To ensure all labels identifying the hired goods as the property of the Company stay intact and are not removed.
- To ensure all hired goods are used in accordance with the purpose of their hire.
- To make no disclosures of the existence of any contract with or references to the Company to any third parties or in any written material without a prior written consent of the Company.
- To insure all hired goods to their full replacement value with a reputable London insurer.
- To notify the Company of any discrepancies of whatever nature in respect of all hired goods within 24 hours of the goods being received by the Customer.
- To compensate the Company in full for each day of any late returns of hired goods in accordance with the Company’s charges in condition 3 of these terms and conditions of business and for any items lost and all damage caused to any hired goods within 5 days of being notified of the monetary loss to the Company as a result.
Charges and payment
The charges for hire services shall be on a time basis as follows unless stated otherwise in the order:
Charges for up to 1 week
7.5% of the value of the goods hired except for goods falling within the Company’s Lewis & Kaye and Props Galore ranges where 10% of the value of the goods is charged, such value to be reasonably established by the Company (First Week’s Charges).
Charges for up to 2 weeks
First Week’s Charges plus an additional 5% of the value of the goods quoted in the order (Second Week’s Charges).
Charges for periods over 2 weeks
First Week’s Charges and Second Week’s Charges plus and an additional 2.5% of the value of the goods for any period up to each additional week.
The Customer shall pay on commencement of hire services and on notice of any extension of hire services where an extension is agreed. Where the Customer has a business account with the company payment is due within 30 days of the date of the commencement of hire services.
If the Customer fails to make any payment when due the Company shall have the right to charge interest on the overdue amount at the rate of 4 per cent per annum above the then current Barclays Bank PLC’s base rate accruing on a daily basis until the date of actual payment of the overdue amount compounding quarterly.
The Company shall have the right to exercise a lien on any goods of the Customer until full payment is made. Where there are restoration services provided the Customer irrevocably appoints the Company to be the Customer’s agent to store and dispose of any goods which have been left in the Company’s possession for more than 60 days after the date of the Company’s invoice. The Company shall not be liable to the Customer by reason of that storage or disposal and the Customer shall indemnify the Company in respect of any claim made in relation to that storage or disposal.
Each party shall have the right to terminate the contract by giving the other party one week’s written notice. The Company shall invoice the Customer for any services completed at the date of its receipt of any such written notice from the Customer.
On termination of the contract the Customer shall immediately pay all of the Company’s unpaid invoices and, in respect of any services supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable by the Customer immediately on receipt, and the Customer shall immediately return all hired goods to the Company.
Limitation of liability
The Company shall not be liable to the Customer for any loss of profit, damage, injury or any indirect or consequential loss arising under or in connection with services provided or as a result of the hired goods to be found not being fit for the purpose intended by the Customer.
The Company’s total liability to the Customer in respect of all other losses arising under or in connection with the services provided shall in no circumstances exceed the value of the contract between the parties.
Where Restoration Services are provided the Company’s liability for the following is excluded:
- any natural variations in the goods including but not limited to characteristics caused by age and/or usage, colour variation, damage caused by the Customer and/or third parties, by inappropriate use of the goods and/or alterations made to the goods before and/or after the restoration services have been completed.
The Company shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this contract as a result of an event beyond the reasonable control of the Company.
General and intellectual property rights provisions
All intellectual property rights, excluding any rights which may be owned by a third party, whether registered or unregistered and inclusive of but not limited to patents, copyright, trade marks, rights in goodwill, rights in design and moral rights in any of the goods hired by the Company or arising out of or in connection with the services provided by the Company shall be owned by the Company.
The Customer shall be responsible for investigating and identifying any copyright owned by a third party in respect of any hired goods and shall not infringe any such third party copyrights. The Customer shall keep the Company fully and effectively indemnified from and against all liabilities, costs, claims, proceedings, actions and expenses arising directly or indirectly out of the Customer’s actual or alleged infringement of any intellectual property rights inclusive of any third party copyright.
This contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.