The comany’ is Funxion Fusion Décor Hire
The ‘Hirer’ is any person or company who hires or has agreed to hire Goods from the Company. ‘Goods’ means goods provided by the Company in accordance with the Company’s standard Terms and Conditions of hire. These Terms and Conditions of Hire supersede any previous Terms and Conditions. Any waiver by the Company of these Terms and Conditions of Hire on any occasion shall merely act as a waiver on that occasion, and shall not affect the Company’s right to enforce any of these Terms and Conditions on any further occasion. No terms and conditions stipulated by the Hirer shall have effect unless agreed in writing from the Company.
Acceptance of Conditions
The customer’s acceptance of equipment on hire implies acceptance of our Conditions of Hire as given below.
Retention of Title
All goods remain the absolute property of Funxion Fusion Décor Hire, and the customer undertakes not to sell, offer to sell, assign, mortgage, charge, pledge or underlet, lend or otherwise deal with the equipment; nor allow any lien to be created on the equipment
Application of Conditions
The Company shall not be bound by any conditions of business of the Customer unless such conditions are expressly accepted by the Company by a statement made in writing, and signed by an officer of the Company. Where there is any variance between the Customers conditions and the Company’s conditions, then the Company’s conditions shall prevail.
Limit of Liability for Defect or Failure
The Company’s liability in respect of any defect or failure of the equipment supplied on hire is limited only to making good such defect or failure by repair or replacement of the equipment at the Company’s option.
Insurance to Cover Loss or Damage
The Customer assumes complete responsibility for loss of or damage to the hire equipment (Other than fair wear and tear) from the time the equipment leaves the Company’s premises or transport, until it is returned to same. To this end, it is a condition of hire that the customer will arrange insurance cover to provide for the risks of; Theft, Fire, Accidental Damage, Personal Injury & Public Liability, and in addition the Customer will indemnify the Company against any and all claims for the said risks.
Hire Charges – Period of Hire
The hire charge for the equipment commences from the time that the equipment leaves the Company’s premises, and continues until the equipment is returned to the Company.
Hire Charges – Late or Incomplete Returns
In the event of the equipment not being returned to the Company on time at the end of the hire period, unless by prior arrangement with the Company, then the hire charge will continue to be levied at the DAILY RATE until such time as the equipment is returned complete to the Company’s premises. (In the event of the goods being returned incomplete, the company reserves the right to invoice the Customer for the missing item(s) in full and to waive the additional hire charges.)
Hire Charges – Lost, Theft or Damaged Equipment
In the event of loss or theft of the hire equipment the Company will invoice the Customer in full for replacement of the equipment. In the event of damage to the equipment, the company will, at its option, invoice the Customer in full for the repairs to, or the replacement of the equipment.
Operators – Qualification and Training
The Company, at the Customers request may provide operators. Where the Customer provides the operator, then the Customer undertakes to ensure that the operator used is suitably skilled in the operation of such equipment. If necessary we can provide training at nominal charge upon request.
Consumables and Spares
Where spare lamps are provided by the Company, they, or the dud lamp they replaced, must be returned to the Company at the end of the hire period, otherwise they will be charged in full to the Customer.
Currency, VAT, Prices and Charges
All hire charges are shown in Rands and are subject to VAT at the current rate. We reserve the right at any time, to alter prices without notification. Prices shown do not include delivery or installation charges etc., but these will be quoted extra and carried out by arrangement.
On no account may any serial number plates, manufacturer nameplates, or any other identification marks, be removed, covered, or defaced.
Non Account Customers
Non account Customers will be required to pay the hire charges in full before the hiring commences (i.e. collection of the goods), will be required to provide an official order or a refundable deposit (or at the Company’s option both), and shall provide such proof of identity at the time of collection as the Company shall require.
Account Customers payment terms are 30 days net.
The Company may at its option, in the case of outstanding debts which have become overdue, refuse to supply further goods on hire until such time as outstanding invoices are paid, for the purpose of this clause any remittance received will be applied to the outstanding invoices in age order (oldest first). The Company may at its option withdraw account facilities, where invoices are not paid within 30 days of date of invoice.
In the event of cancellation of a hire booking within 3 days of the first day of hire, a charge of 50% of the hire charge will be levied. If cancellation is made within 24 hours of the start of the period of hire then the hire rate will be charged in full. If our staff or delivery driver arrives on site to find the event canceled, then the Customer shall pay the full hire charge including carriage.
Ammendments of These Terms Of Hire
No amendments to these conditions of hire will be allowed or recognized unless given in writing by the Company at the request of the Customer and duly signed by an officer of the Company.
All discounts offered by the Company are for settlement by the date shown upon the invoice. In the event of late settlement of the invoice any such discount will be disallowed and if necessary an additional invoice will be raised to recharge the sum due.
Overdue Invoices, Ammendment To Charges (Reversion to Daily Rate)
The Company may at its option, in the case of overdue invoices for equipment on hire, revert all charges to the DAILY RATE.
Errors and Descriptions
Every effort will be made by the Company to ensure accuracy of any technical data or literature made available in relation to the Goods. The Company accepts no liability for any damage or injury arising from any errors or omissions in such technical data to the Hirer or any third party. No contract can be invalidated due to printing or clerical errors. Any descriptions of Goods are for guidance only and shall not constitute the contract ‘safe by description’.
Termination of Liability
The Company shall be relived of all liability for obligations incurred to the Hirer and any other third party. Wherever, and to which the fulfillment of such obligation is prevented, frustrated or impeded in consequence of any statue, rules, regulations, orders or requisitions issued by any national or foreign government department, council or other duly constituted authority or by reason of any strikes, breakdown of plant, accident, civil commotion, war, force majeure or any other cause beyond the control of the Company. Including but not limited to causes arising from acts