AGREED TERMS
1. Interpretation and Definitions
1.1 The following definitions and rules of interpretation apply in this Agreement.
Agreement: this agreement comprising the Order Form, these Hire Terms and all the Schedules.
Agreement Date: the date of this Agreement, being:
a) if both parties sign the Agreement on the same day, the date on which both parties sign the Agreement; or
b) if the parties sign the Agreement on different days, the latest date on which the Agreement is signed.
Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in England are open for business.
Collection: the transfer of physical possession of the Furniture back to the Owner at the Site, or other premises that the Furniture has been moved to.
Collection Note: a note detailing all the items of Furniture, and their condition, that must be signed by the Hirer, or an authorised representative, when the Owner collects the Furniture.
Commencement Date: the date that the Hirer takes Delivery of the Furniture.
Delivery: the transfer of physical possession of the Furniture to the Hirer at the Site.
Delivery and Collection Charge: means the charge for Delivery and Collection of the Furniture as detailed on the Order Form.
Delivery Note: a note detailing all the items of Furniture, and their condition, that must be signed by the Hirer, or an authorised representative, when the Owner delivers the Furniture.
Deposit: the deposit amount set out in the Order Form.
Force Majeure Event: any cause, circumstance or event that is beyond the reasonable control of either party, including, without limitation (an act of God, war, fire, explosion, failure of public utilities or civil commotion, lightning, floods, hurricanes, earthquakes, wind storms, tornadoes, act of terrorism, war, restrictive governmental laws or regulations, fire strikes, lockouts, labour troubles, civil disorder or other events of a similar or different kind); but does not include any default of the Owner’s affiliates, suppliers, third party licensees or sub-contractors.
Furniture: the items of furniture and goods listed in Schedule 1, all substitutions, replacements or renewals of such items and all related accessories, manuals and instructions provided for it.
Furniture Care & Maintenance Guide: the furniture care & maintenance guide attached as Schedule 2 to this Agreement.
Hire Payments: collectively and individually the Delivery and Collection Charge, the Initial Hire Charge and the Monthly Hire Fee made by or on behalf of Hirer for the hire of the Furniture.
Hire Period: the period of time set out in the Order Form and referenced in clause 4.
IA: the Insolvency Act 1986.
Initial Hire Charge: means the initial hire charge fee payable in advance of the Hire Period commencing as detailed on the Order Form.
Monthly Hire Fee: means the monthly hire fee detailed on the Order Form due to be paid on the first Business Day of every month starting from the date specified on the Order Form until this Agreement is terminated.
Order: the order for the hire of Furniture as detailed on the Order Form.
Order Form: the order form at the start of this Agreement.
Permitted Use: the use detailed in the “Description of Furniture to be Hired” section of the Order Form.
Requested Commencement Date: the date that the Hirer has requested for Delivery of the Furniture detailed on the Order Form.
Schedule: means a schedule to this Agreement.
Site: the delivery address specified on the Order Form.
Total Loss: the Furniture is, in the Owner’s reasonable opinion, damaged beyond repair, lost, stolen, seized or confiscated.
VAT: value added tax chargeable in the UK.
Weekend Surcharge: the fee we charge you if you request Delivery or Collection to take place on a weekend. You will be notified of the amount in advance.
1.2 Clause, Schedule and paragraph headings shall not affect the interpretation of this Agreement.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement and any reference to this Agreement includes the Schedules.
1.5 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.6 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.7 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.8 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.9 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.10 A reference to writing or written includes e-mail.
1.11 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.12 A reference to this Agreement or to any other agreement or document referred to in this Agreement is a reference to this Agreement or such other agreement or document as varied or novated from time to time.
1.13 References to clauses and Schedules are to the clauses and Schedules of this Agreement and references to paragraphs are to paragraphs of the relevant Schedule.
1.14 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. Order acceptance and customer checks
2.1 The Owner can only accept an Order and hire the Furniture to the Hirer if:
(a) the Owner is able to provide the Furniture you have selected;
(b) the Owner has successfully completed identity verification checks on the Hirer, its directors and beneficial owners; and
(c) the Hirer has passed the Owner’s credit checks.
2.2 The Hirer agrees to the Owner completing the checks detailed in clause 2.1(b) and 2.1(c).
2.3 If the Owner cannot accept an Order, whether for the reasons detailed in clause 2.1 or otherwise:
(a) the Owner will notify the Hirer;
(b) this Agreement will be terminated; and
(c) you will be refunded any money you have paid to us.
3. Furniture hire
3.1 If an Order has been accepted, the Owner shall hire the Furniture to the Hirer for the Permitted Use at the Site subject to the terms of this Agreement.
3.2 The Owner shall not, other than in the exercise of its rights under this Agreement or applicable law, interfere with the Hirer’s quiet possession of the Furniture.
4. Duration and hire period
4.1 This Agreement is effective from the Agreement Date until the Agreement is terminated in accordance with the provisions of clause 12.
4.2 The hiring of Furniture shall start on the Commencement Date and shall continue for the Hire Period unless this Agreement is terminated earlier in accordance with clause 12. After the expiry of the Hire Period this Agreement will continue in force until terminated by either party in accordance with clause 12.
5. Hire payments and deposit
5.1 The Hirer shall pay the Hire Payments to the Owner on or by the dates specified on the Order Form. The Hire Payments shall be paid in pounds sterling.
5.2 The Delivery and Collection Charge and the Initial Hire Charge shall be paid by bank transfer to the following bank account:
(a) Account name: Instant Home Ltd
(b) Sort code: 30-94-47
(c) Account number: 34766260.
5.3 The Monthly Hire Fees shall be paid either by bank transfer to the account detailed in clause 5.2 or by Direct Debit. We will provide you with details on how to set up a Direct Debit on or after the Agreement Date.
5.4 With the exception of the Deposit, on which VAT is not chargeable, the Hire Payments are inclusive of VAT and any other applicable taxes and duties or similar charges which shall be payable by the Hirer at the rate and in the manner from time to time prescribed by law.
5.5 All amounts due under this Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5.6 If the Hirer fails to make a payment due to the Owner under this Agreement by the due date detailed on the Order Form, then, without limiting the Owner’s remedies under clause 12 (Termination), the Hirer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment.
5.7 Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time in force, but at 4% a year for any period when that base rate is below 0%.
5.8 If, in respect of the Monthly Hire Fee, we attempt to take a payment from you by Direct Debit and the payment is declined we may charge you a fee of £25.
5.9 The Deposit is a deposit against default by the Hirer of payment of any Hire Payments or any loss of or damage caused to the Furniture. The Hirer shall, on the Agreement Date, pay the Deposit detailed on the Order Form to the Owner. If the Hirer fails to make any Hire Payments in accordance with the Order Form, or causes any loss or damage to the Furniture (in whole or in part), the Owner shall be entitled to apply the Deposit against such default, loss or damage. The Hirer shall pay to the Owner any sums deducted from the Deposit within 10 Business Days of a demand for the same. The Deposit (or balance thereof) shall be refundable within 10 Business Days of termination of this Agreement. For the avoidance of doubt, the Deposit may be used to pay for the cost of cleaning Furniture as may be required under this Agreement.
6. Delivery and collection
6.1 Delivery of the Furniture shall be made by the Owner. The Owner shall use all reasonable endeavours to effect Delivery by the date and time agreed between the parties (the Requested Commencement Date set out on the Order Form). Title and risk shall transfer in accordance with clause 7 (Title, risk and insurance) of this Agreement.
6.2 The Hirer shall procure that a duly authorised representative of the Hirer shall be present at the Delivery of the Furniture. Acceptance of Delivery by such representative shall constitute conclusive evidence that the Hirer has examined the Furniture and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended. The Hirer’s duly authorised representative shall sign the Delivery Note confirming such acceptance.
6.3 To facilitate Delivery, the Hirer shall provide unobstructed access to the Site to enable Delivery to be carried out safely and expeditiously. If applicable, the Hirer shall obtain parking permits in advance.
6.4 The Hirer must also pay to the Owner, in addition to the Delivery and Collection Charge, any or all of the following charges that the Owner incurs delivering the Furniture to you:
(a) parking charges; and
(b) parking fines.
6.5 If, due to the Hirer’s action or inaction, when attempting Delivery or Collection, the Owner is unable to access the Site, or such address as the Hirer may have moved the Furniture to in accordance with clause 8.1(f):
(a) the Owner will contact the Hirer using the phone number provided on the Order Form in order to try and make Delivery or arrange another day for Delivery;
(b) the Owner will only wait up to a maximum of two hours in order to attempt Delivery;
(c) the Owner will charge you any or all of the following if we have to wait or rearrange Delivery:
(i) waiting costs of £100 plus VAT per hour where we have to wait for at least 30 minutes;
(ii) storage costs; and
(iii) an additional delivery charge if Delivery has to be rescheduled; and
(d) the Owner is unable to contact the Hirer, the Owner will have the right to terminate the Agreement and all Hire Payments for the Hire Period will immediately become due and payable by the Hirer.
7. Title, risk and insurance
7.1 The Furniture shall at all times remain the property of the Owner, and the Hirer shall have no right, title or interest in or to the Furniture (save the right to possession and use of the Furniture subject to the terms and conditions of this Agreement).
7.2 The risk of loss, theft, damage or destruction of the Furniture shall pass to the Hirer on Delivery. The Furniture shall remain at the sole risk of the Hirer during the Hire Period and any further term during which the Furniture is in the possession, custody or control of the Hirer (Risk Period) until such time as the Furniture is redelivered to the Owner.
7.3 The Hirer shall give immediate written notice to the Owner in the event of any loss, accident or damage to the Furniture arising out of or in connection with the Hirer’s possession or use of the Furniture.
7.4 The Owner provides insurance cover (Insurance) for the Furniture as detailed in Schedule 3. The Hirer should insure the Furniture for any risks not covered by the Insurance.
8. Hirer’s responsibilities
8.1 The Hirer shall during the term of this Agreement:
(a) ensure that the Furniture it has ordered is suitable for the Permitted Purpose by reviewing the description of the Furniture and the FAQs on our Website in order to ensure the Furniture meets your needs;
(b) ensure that the Furniture is kept in a suitable environment and used only for the Permitted Purpose;
(c) take such steps (including compliance with any safety and usage instructions provided by the Owner) as may be necessary to ensure, so far as is reasonably practicable, that the Furniture is at all times safe and without risk to health when it is being used, cleaned or maintained by a person at work;
(d) keep the Furniture in good condition and maintain the Furniture, in accordance with the Furniture Care & Maintenance Guide, in order to keep it in as good condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Furniture;
(e) make no alteration to the Furniture and shall not remove any existing component from the Furniture unless the component is replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Furniture shall vest in the Owner immediately upon installation;
(f) keep the Owner fully informed of all material matters relating to the Furniture and notify us immediately of any damage to, or material loss of, the Furniture and permit us, or our agents or representatives, access to the Furniture for the purpose of inspection and repair at all reasonable times;
(g) keep the Furniture at all times at the Site and shall not move or attempt to move any part of the Furniture to any other location without the Owner’s prior written consent. If you move the Furniture without our consent it will be a material breach of this Agreement. If:
(i) such consent is granted:
(A) you will be responsible for moving the Furniture and do so at your own risk; and
(B) if the new address is further away from us than the Site we may charge you an additional fee to cover additional transportation costs for Collection. This fee will be communicated to you when we give consent; and
(ii) such consent is not granted we reserve the right to invoice you for the purchase value of the Furniture;
(h) be responsible for fixing or hanging Furniture. We will not be liable for any damage caused by you in the fixing or hanging of any Furniture;
(i) be responsible for all Furniture delivered to communal areas at your request. You will be liable for any damage caused to the Furniture or the communal area and will indemnify us against any claims we may receive in relation to such damage;
(j) permit the Owner or its duly authorised representative to inspect the Furniture at all reasonable times and for such purpose to enter upon the Site or any premises at which the Furniture may be located, and shall grant reasonable access and facilities for such inspection;
(k) not, without the prior written consent of the Owner, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Furniture or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(l) not without the prior written consent of the Owner, attach the Furniture to any land or building so as to cause the Furniture to become a permanent or immovable fixture on such land or building. If the Furniture does become affixed to any land or building then the Furniture must be capable of being removed without material injury to such land or building and the Hirer shall repair and make good any damage caused by the affixation or removal of the Furniture from any land or building and indemnify the Owner against all losses, costs or expenses incurred as a result of such affixation or removal;
(m) not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Furniture and, where the Furniture has become affixed to any land or building, the Hirer must take all necessary steps to ensure that the Owner may enter such land or building and recover the Furniture both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Owner of any rights such person may have or acquire in the Furniture and a right for the Owner to enter onto such land or building to remove the Furniture;
(n) not suffer or permit the Furniture to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Furniture is so confiscated, seized or taken, the Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Furniture and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(o) not use the Furniture for any unlawful purpose;
(p) not use Furniture for purposes for which it is not intended or suitable for such as using Furniture for commercial purposes that is only designed and tested for use in homes;
(q) allow the Owner or its representatives access to the Site or any premises where the Furniture is located for the purpose of removing the Furniture;
(r) not do or permit to be done anything which could invalidate the insurances referred to in clause 7 (Title, risk and insurance);
(s) pay us specialist cleaning charges incurred in cleaning all Furniture, including, but not limited to, soft furniture (including upholstered dining chairs) and accessories where it is evident that: (1) there are stains; (2) there are smells; or (3) pets, or other animals, have been in contact with the Furniture. The charge for specialist fabric cleaning to sofas will be £65 + VAT for 4 seater sofas, £55 + VAT for 3 seater sofas , £45 + VAT for 2 seater sofas and £35 + VAT for armchairs.. The charge for headboards and divan bases (per set) is £10 + VAT. The charge for upholstered dining chairs will be £5 per chair + VAT. Rug cleaning charges are £20 + VAT.
(t) if you have hired a mattress, pay us £30 for a replacement Protect A Bed Buglock Plus Mattress Encasement (Encasement) if the Encasement has stains when you return it and those stains cannot be removed by laundering. All mattresses are supplied with an Encasement. This Encasement is waterproof on the top surface and provides a bed bug and dust mite barrier. To provide this level of protection the Encasement will be fitted to the mattress and sealed upon delivery. You or your representative will be asked to confirm the Encasement has been fitted and sealed by signing the delivery note. To maintain the high hygiene standards our clients expect the Encasement must not be removed and the seal broken for the Hire Period. You must also pay us £30 + VAT for a replacement Encasement if the Encasement has been damaged, removed or the seal broken. We suggest that you fit a waterproof mattress cover over the Encasement as an extra precaution.
(u) when the Furniture is due to be collected at the end of the Hire Period, ensure that:
(i) all kitchen packs are clean. If they are not clean you agree to pay us a replacement charge and a restocking fee of £50 + VAT; and
(ii) all Furniture, where applicable, is emptied of personal belongings;
(v) either retain all linen and bath packs at the end of the Hire Period, or notify us if you wish us to take them upon Collection; and
8.2 The Hirer acknowledges that the Owner shall not be responsible for any loss of or damage to the Furniture arising out of or in connection with any negligence, misuse, mishandling of the Furniture or otherwise caused by the Hirer or its officers, employees, agents and contractors.
9. Property staging and display furniture
9.1 If you specify on the Order Form that the Furniture will be used for the purpose of property staging or displaying furniture for three months or less the following will apply:
(a) the Initial Hire Charge will cover hire for the whole of the Hire Period;
(b) you shall permit us to take photographs of the Furniture in situ for promotional and marketing purposes, and acknowledge that such photographs may include items that are not ours;
(c) you shall grant us a non-exclusive, perpetual licence to use the photographs set out in clause 9.1(b) taken by or on behalf of you, for our promotional and marketing purposes; and
(d) the Furniture shall only be used for the purpose of property staging or display and not used for any other purpose.
10. Warranties and disclaimers
10.1 The Owner warrants that the Furniture shall substantially conform to its specification (as made available by the Owner), be of satisfactory quality and fit for any purpose held out by the Owner. The Owner shall use reasonable endeavours to remedy, free of charge, any material defect in the Furniture which manifests itself within 12 months from Delivery, provided that:
(a) the Hirer notifies the Owner of any defect in writing within 10 Business Days of the defect occurring;
(b) the Owner is permitted to make a full examination of the alleged defect;
(c) the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than the Owner’s authorised personnel; and
(d) the defect is directly attributable to defective material, workmanship or design.
10.2 The Hirer shall be entitled only to such warranty or other benefit as the Owner has received from the manufacturer of the Furniture.
10.3 If the Owner fails to remedy any material defect in the Furniture in accordance with clause 10.1, the Owner shall, at the Hirer’s request, accept the return of part or all of the Furniture and make an appropriate reduction to the Monthly Hire Fee payable during the remaining term of the Agreement and, if relevant, return any Deposit (or any part of it).
10.4 The Hirer warrants that it has checked the dimensions of the Furniture on the Order and that it is appropriate for, and will fit in, the Site. In the event that any item of Furniture does not fit into a property, or it becomes apparent that the item is surplus to requirements, the Hirer may return the item of Furniture but will still be liable to pay the Hire Payments for the Hire Period without deduction.
10.5 The images provided by the Owner on its website are for illustrative purposes only and while every effort is made to display colours accurately, the Owner cannot guarantee that a device’s display of colours accurately reflects the colour of the Furniture. The Furniture the Hirer receives may vary slightly from the images on the Owner’s website.
11. Liability
11.1 The restrictions on liability in this clause 11 apply to every liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 Subject to clause 11.3, the Owner’s total liability to the Hirer (including any liability for the acts or omissions of its employees, agents and subcontractors) shall not exceed the total of the Hire Payments due during the Hire Period.
11.3 Nothing in this Agreement limits any liability which cannot legally be limited including but not limited to liability for:
(a) death or personal injury caused by negligence; or
(b) fraud or fraudulent misrepresentation.
11.4 This Agreement sets forth the full extent of the Owner’s obligations and liabilities in respect of the Furniture and its hiring to the Hirer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Owner except as specifically stated in this Agreement. Any condition, warranty or other term concerning the Furniture which might otherwise be implied into or incorporated within this Agreement, whether by statute, common law or otherwise, is expressly excluded.
11.5 Subject to clause 11.3, neither party shall be liable under this Agreement for any:
(a) loss of actual or anticipated profit;
(b) loss of contracts;
(c) loss of revenue;
(d) loss of good will;
(e) loss of reputation;
(f) loss of business;
(g) loss of opportunity; or
(h) indirect or consequential losses, damages, costs or expenses,
whether or not such losses were reasonably foreseeable of the party in default or its agents had been advised of the possibility of the other incurring such losses. For the avoidance of doubt, clauses 11.5(a) to 11.5(g) apply whether such losses are direct, indirect, consequential or otherwise.
12. Termination
12.1 If we cannot accept your Order we will terminate this Agreement in accordance with clause 2.3.
12.2 Without affecting any other right or remedy available to it, the Owner may terminate this Agreement with immediate effect by giving notice to the Hirer if:
(a) the Hirer fails to pay any amount due under this Agreement on the due date for payment to make such payment;
(b) the Owner cannot deliver or collect the Furniture as set out in clause 6.5;
(c) the Hirer commits a material breach of any term of this Agreement which breach is irremediable or, if such breach is remediable, fails to remedy that breach within a period of 5 Business Days after being notified to do so;
(d) the Hirer repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;
(e) the Hirer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or:
(i) if Hirer is a company or limited liability partnership, the Hirer is deemed unable to pay its debts within the meaning of section 123 of the IA as if the words “it is proved to the satisfaction of the court” did not appear in sections 123(1)(e) or 123(2) of the IA 1986; or
(ii) if the Hirer is an individual, the Hirer is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the IA; or
(iii) if the Hirer is a partnership, the Hirer has any partner to whom any of the other parts of this clause 12.1(e) apply.
(f) the Hirer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than, if the Hirer is a company, for the sole purpose of a scheme for a solvent amalgamation of the Hirer with one or more other companies or the solvent reconstruction of the Hirer;
(g) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Hirer (being a company, limited liability partnership or partnership) other than for the sole purpose of a scheme for a solvent amalgamation of the Hirer with one or more other companies or the solvent reconstruction of the Hirer;
(h) an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or an administrator is appointed, over the Hirer (being a company);
(i) the holder of a qualifying floating charge over the assets of the Hirer (being a company) has become entitled to appoint or has appointed an administrative receiver;
(j) a person becomes entitled to appoint a receiver over all or any of the assets of the Hirer or a receiver is appointed over all or any of the assets of the Hirer;
(k) the Hirer (being an individual) is the subject of a bankruptcy petition, application or order;
(l) a creditor or encumbrancer of the Hirer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Hirer’s assets and such attachment or process is not discharged within 14 days;
(m) any event occurs, or proceeding is taken, with respect to the Hirer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12.2(e) to clause 12.2(l) (inclusive);
(n) the Hirer suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or
(o) the Hirer, being an individual, dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing their affairs or becomes a patient under any mental health legislation.
12.3 If the Hirer is a company, the Owner may terminate this Agreement on 14 days’ notice at any time if the Hirer undergoes a change in ownership or control within the meaning of section 450 of the Corporation Tax Act 2010.
12.4 Either party may terminate this Agreement on or after the expiry of the Hire Period by giving at least 28 days’ notice to the other party.
12.5 Either party may terminate this Agreement in accordance with clause 14 (Force Majeure).
12.6 This Agreement shall automatically terminate if a Total Loss occurs in relation to the Furniture.
13. Consequences of termination
13.1 Upon termination of this Agreement, however caused:
(a) the Owner’s consent to the Hirer’s possession of the Furniture shall terminate and the Owner may, by its authorised representatives, without notice and at the Hirer’s expense, retake possession of the Furniture and for this purpose may enter the Site or any premises at which the Furniture is located. The Hirer must ensure there is an authorised representative present when the Owner retakes possession so they can confirm both the condition of the Furniture and that the Furniture has been collected by signing a Collection Note;
(b) without prejudice to any other rights or remedies of the Hirer, the Hirer shall pay to the Owner on demand:
(i) all Hire Payments and other sums due but unpaid at the date of such demand together with any interest accrued pursuant to clause 5.6;
(ii) any costs and expenses incurred by the Owner in recovering the Furniture and/or in collecting any sums due under this Agreement (including, but not limited to, a Weekend Surcharge (if weekend Collection requested), any storage, insurance, repair, transport, legal and remarketing costs). For the avoidance of doubt, such costs also include, but are not limited to, the costs specified in clauses 6.4, 6.5,, 8.1(f)(i)(B) and 8.1(q);
13.2 Upon termination of this Agreement pursuant to clause 12.1, any other repudiation of this Agreement by the Hirer which is accepted by the Owner or pursuant to clause 12.3, without prejudice to any other rights or remedies of the Owner, the Hirer shall pay to the Owner on demand a sum equal to the whole of the Hire Payments that would (but for the termination) have been payable if the Agreement had continued from the date of such demand to the end of the Hire Period.
13.3 The sums payable pursuant to clause 13.2 shall be agreed compensation for the Owner’s loss and shall be payable in addition to the sums payable pursuant to clause 13.1(b). Such sums may be partly or wholly recovered from any Deposit.
13.4 Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
14. Force majeure
14.1 Neither party shall be liable for any loss or damage suffered or incurred by the other party arising from the other party’s delay in performing or failure to perform its obligations under this Agreement to the extent that, and for so long as, such delay or failure results from a Force Majeure Event provided the same arises without the fault or negligence of the affected party. The affected party shall notify the other party within 2 Business Days of becoming aware of the Force Majeure Event and the manner and extent to which its obligations are likely to be prevented or delayed.
14.2 If any Force Majeure Event occurs, the date for performance of the obligation affected shall be postponed for so long as is made necessary by the Force Majeure Event provided that if any Force Majeure Event continues for a period of or exceeding two months, the non-affected party shall have the right to terminate this Agreement on written notice to the affected party. In the event of such termination:
(a) the Hirer shall pay the Owner in full for all work undertaken by the Owner prior to the date of termination and for all commitments entered into by the Owner in respect of this Agreement (including any contracts entered into with any third party); and
(b) both parties shall use reasonable endeavours to mitigate their losses.
14.3 Each party shall use all reasonable endeavours to mitigate the extent of the excusable delay or failure described in this clause 14 and its adverse consequences and to recommence performance of the affected obligations as soon as and to the extent reasonably practicable.
15. Personal Information
15.1 We will use personal information you provide in accordance with this Agreement and as set out in our Privacy Policy which is available on our website.
16. Confidential information
16.1 Each party undertakes that it shall not at any time during this Agreement, and for a period of 5 years after termination of this Agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 16.2.
16.2 Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 16; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
16.3 No party shall use any other party’s confidential information for any purpose other than to perform its obligations under this Agreement.
17. Assignment and other dealings
17.1 The Hirer may not assign, transfer, charge or otherwise encumber, create any trust over or deal in any manner with this Agreement or any right, benefit or interest under it nor transfer, novate (or sub-contract) any of its obligations under it.
17.2 The Owner may assign, transfer, charge or otherwise encumber, create any trust over or deal in any manner with this Agreement or any right, benefit or interest under it nor transfer, novate (or sub-contract) any of its obligations under it.
18. Entire agreement
18.1 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.2 The Hirer acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. The Hirer agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
19. Variation
No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
20. Counterparts
20.1 This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one Agreement.
21. Third party rights
21.1 The parties agree to exclude the application of the Contracts (Rights of Third Parties) Act 1999 from this Agreement.
22. Notices
22.1 Any notice given to a party under or in connection with this Agreement shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(b) sent by email to the email address specified in the Order Form.
22.2 Any notice shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the address of the party it is addressed to;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; and
(c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 22.2(c), business hours means 9.00am to 5.00pm on a Business Day.
22.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
23. Waiver
No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
24. Severance
24.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
24.2 If any provision or part-provision of this Agreement is deemed deleted under clause 24.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
25. Governing law and Jurisdiction
25.1 This Agreement (and all non-contractual obligations arising out of or in connection with it) shall be governed by and construed in accordance with English law.
25.2 Each party agrees that the courts of England shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
Furniture Care & Maintenance Guide
To help safeguard your furniture dilapidation deposit monies we have collated a furniture care guide to help assist you in caring for our furniture during your hire contract. If you have any further questions please do not hesitate in contacting the office for specialist, specific advice.
• Please take care when handling or moving furniture items as careless handling may cause damage or injury.
• Do not drag the furniture, should you need to move an item please ensure it is lifted carefully and by two able bodied people.
• We advise you pay special attention to and protect furniture surfaces such as dining, coffee and bedside tables from substances, for example paint, pens, crayons, as well as hot, cold or wet objects, by using good quality table mats or table covers.
• Wooden furniture should be kept dust free with a lint free cloth, wiping in the direction of the grain.
• Should you have hard flooring please ensure the pads remain on the bottom of chair and sofa legs. Replacements can be sent if required please email the office.
• Never use any chemicals, abrasive materials or cleaners on your furniture.
• Clean spillages from surfaces promptly.
• Avoid placing wooden furniture too close to radiators and other sources of heat.
• Wherever possible, keep your furniture away from direct sunlight as this may cause bleaching.
• Certain wood finishes mellow with age and exposure to light. Always rearrange items such as vases and ornaments on a regular basis to minimise shade marks.
• Never tilt chairs backwards this could result in a leg breaking and causing injury.
• Always supervise young children and do not allow them to hang on the front of items of furniture. This may cause injury to a child and damage to the furniture item.
• Ensure you are satisfied with the installation of the furniture items. If you have any reservations please speak with the delivery team leader (usually the driver) at the time of the delivery.
• Periodically check all fixings to ensure none have come loose.
Should you be concerned as to the safety of a hired item please do contact the office by email customerservice@instanthome.co.uk
Instant Home Insurance Cover
Instant Home provides customers with complimentary insurance cover for the items you rent. Please see below details of the policy and the cover it provides. The Hirer is not required to insure the items rented from Instant Home Ltd against loss or damage for the following perils: fire, lightning, explosion, storm, flood, escape of water from any tank, apparatus or pipe, impact or theft. Loss from theft requires evidence of there being forcible and violent entry/exit. Theft by collusion and accidental damage are specifically excluded. An excess of £350 will be due for any claim. The maximum collective value of the items on hire, for any one claim is £15,000.The property where the items are kept must meet the Minimum Security Standards Condition below.
It is a condition precedent to the insurer’s liability that:
a) Final exit doors must be secured as follows;
i. timber doors – by mortice deadlocks having five or more levers or conforming to BS3621 with matching boxed striking plate
ii. aluminium doors – by cylinder mortice lock operating a swinging lock bolt
iii. PVCu doors – by key operated multi-point locking devices having three or more locking points
iv. the first closing leaf of double leaf doors must be fitted internally with bolts top and bottom
b) all other external doors and internal doors leading to common areas or other premises, must be secured:
i. by the means set out in (a), or
ii. by key operated security bolts fitted top and bottom
iii. All opening windows or roof lights accessible from the ground or via roofs pipework or other structures must be secured by key operated locking devices or screwed permanently shut.
iv. Any security measures stipulated or agreed by us in writing are implemented and in full and effective order.
Any door or window officially designated a fire exit by the Fire Authority is excluded from these requirements.
Alternative insurance cover for the hire items is required if you are unable to fulfil the requirements above. Evidence of cover should be emailed to customerservice@instanthome.co.uk within 14 days of delivery.
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