TERMS AND CONDITIONS FOR SUPPLY OF NEON LIGHTING TO WHOLESALERS AND RETAIL CLIENTS
Before placing an order, the hirer should read these terms and conditions carefully as they contain important information about the order.
If the Hirer has any questions or if the Hirer has any complaints, please contact Love Inc. Ltd who can be contacted by telephone on 01892 263991 or by e-mailing firstname.lastname@example.org
Contract / Invoice
- A written agreement / Invoice will be drawn up which these Terms and Conditions are attached.
- The Contract shall commence on the Commencement Date and shall continue until the Cancellation Date
- Each Order placed by the Hirer during the Term will be an offer by the Hirer to purchase the Services on these Terms and Conditions.
- A Contract will be formed between Love Inc. Ltd and the Hirer for the provision of Services set out in the Order, when Love Inc. Ltd confirm their acceptance of the Order by issuing an Invoice to the Hirer.
- The placing of any Order shall be conclusive evidence of the Hirer’s acceptance of these Terms and Conditions. Any addition or amendment to any Order will create a new Order.
- The Contract shall continue for the Hire Period unless terminated earlier.
- It is the Hirer’s responsibility to ensure that each Order is accurate and complete and that the Neon Lighting is suitable for the Hirer’s requirements.
- Nothing in these Terms and Conditions shall require Love Inc. Ltd to accept any Order placed by the Hirer. Love Inc. Ltd reserves the right to refuse to hire Neon Lighting to the Hirer for any reason whatsoever at its sole discretion.
The Neon Lighting
- The Hirer acknowledges that the Neon Lighting remains at all times the property of Love Inc. Ltd.
- The Hirer has no right, title or interest in the Neon Lighting except that it is hired to the Hirer in accordance with the terms of the Contract.
- On termination of the Contract for whatever reason, all Neon Lighting at such time in the possession of the Hirer shall immediately become due for return to Love Inc. Ltd
- Love Inc. Ltd shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Hirer’s quiet possession of the Neon Lighting during any Hire Period.
- The Hirer shall immediately notify Love Inc. Ltd of any loss, accident, damage or defect in the Neon Lighting or if the Hirer considers that the Neon Lighting may cause damage to the Hirer’s property.
- The Hirer shall grant or shall
procure that Love Inc. Ltd or its authorised representative is granted access
to the venue at all such reasonable times on Love Inc. Ltd giving the Hirer
reasonable notice to:
- inspect the Neon Lighting and ensure the Hirer’s compliance with its obligations under the Contract; and
- carry out any inspections or repairs of the Neon Lighting as provided for under the Contract.
Condition, Use and Storage of the Neon Lighting
- The Hirer:
- shall keep the Neon Lighting in good condition and the Hirer shall not repair or allow any third party to repair the Neon Lighting and shall notify Love Inc. Ltd immediately if any repair is necessary;
- (d) shall not make any alteration to the Neon Lighting
- (g) shall not do or permit to be done anything which could invalidate Love Inc. Ltd insurances
- (h) is responsible for the security of the Neon Lighting whilst in the Hirer’s possession; and will take all appropriate measures to secure the Neon Lighting at the venue when not in use and will pay Love Inc. Ltd for any Neon Lighting which is lost, stolen or in Love Inc. Ltd reasonable opinion or the opinion of its insurer(s), damaged beyond repair at full replacement value of such Lighting, such value to be confirmed to the Hirer by Love Inc. Ltd, subject to supporting documentation. Replacement value shall be determined as the manufacturer’s retail price at the time of loss, plus all ancillary costs, including but not limited to administration costs and lost hire time costs.
- Love Inc. Ltd shall during the Hire Period ensure that the Neon Lighting shall be of satisfactory quality, comply with any description provided by the Hirer and shall be fit for its intended purpose.
- Love Inc. Ltd will investigate any defective Neon Lighting and, on request, will provide the Hirer with a written report of this investigation.
Damage to or Loss of the Neon Lighting
- The Hirer shall be responsible
to Love Inc. Ltd for:
- All costs and expenses in respect of: (i) rectifying any damage to the Neon Lighting which occurred during the period in which the Neon Lighting was at the Hirer’s risk. Such costs and expenses shall be confirmed to the Hirer by Love Inc. Ltd, subject to supporting documentation.
- The Replacement Cost in respect of lost or stolen Neon Lighting and/or which is beyond economic repair and the Hirer will continue to pay the Charges until the Replacement Cost has been received by Love Inc. Ltd
- When Neon Lighting is hired free of charge but the lighting is damaged / lost / stolen etc. Replacement value shall be determined as the manufacturer’s retail price at the time of loss, plus all ancillary costs, including but not limited to administration costs and lost hire time costs. This is payable by the hirer.
- The Hirer shall become liable to pay the delivery & collection charges.
- Love Inc. Ltd shall use reasonable efforts to deliver the Neon Lighting to the agreed delivery location(s) during Working Hours on the date or within the period specified in the Order.
- If there is a delay in delivery or non-performance by Love Inc. Ltd, the Hirer may cancel the Contract if the Hirer has given 24 hours’ notice to Love Inc. Ltd requiring the delivery and/or performance to be made and Love Inc. Ltd has not fulfilled the delivery and/or performance within that period.
- If the Hirer cancels the Contract, then:
- Love Inc. Ltd will refund to the Hirer any sums which the Hirer has paid to Love Inc. Ltd in respect of the Contract or part of the Contract which has been cancelled; and
- The Hirer will not be required to make any further payments in respect of the Contract or part of the Contract which has been cancelled.
- The Hirer shall at its sole expense provide sufficient access to and from the venue
- Additional Charges shall apply for any redelivery or attempted redelivery
- Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Neon Lighting shall pass to the Hirer on delivery. Risk in the Neon Lighting will return to Love Inc. Ltd once it is loaded onto the collection vehicle.
- The Hirer shall grant access to the venue to Love Inc. Ltd to allow the collection of the Neon Lighting and make the Neon Lighting available for collection by Love Inc. Ltd on the date and time agreed between the parties at the end of the Hire Period
- If Love Inc. Ltd is unable to deliver or collect the Neon Lighting on the dates agreed it may charge the Hirer reasonable Additional Charges in respect of such inability to deliver or collect including additional delivery charges for any re-delivery of the Neon Lighting (including any third party costs) and any storage charges. In addition: (i) in the event of a failed delivery, the Hirer will pay to Love Inc Ltd compensation equal to the value of the Charges which would have been payable had the Neon Lighting been delivered on the agreed delivery date, such amount shall accrue and be payable from the agreed delivery date to the date of actual delivery; and (ii) in the event of a failed collection, the Hirer will pay to Love Inc. Ltd compensation equal to the value of the Charge which would have been paid had the Neon Lighting been re-hired to the Hirer at the Charges payable prior to the agreed collection date, such amount shall accrue and be payable from the agreed collection date to the date of actual collection.
Charges and Payment
- The Hirer shall become liable to pay the Charges from the date of delivery
- The Hirer shall pay the Charges and any Additional Charges for the hire of the Neon Lighting in accordance with these Terms and Conditions.
- Love Inc. Ltd may, prior to the hire of the Neon Lighting, require the Hirer to pay such deposit as is considered appropriate by Love Inc. Ltd as notified to the Hirer at the time the Lighting is ordered. The Deposit shall be a deposit against default by the Hirer of payment of any Charges or any loss of or damage caused to the Neon Lighting including any Replacement Cost and shall not act as a limitation of the Hirer’s liability in respect of unpaid Charges, Additional Charges, damage or loss to the Neon Lighting or any Replacement Cost.
- Any Deposit sum shall be refundable at the end of the Hire Period.
- Any sum payable under the Contract is exclusive of VAT (and any other similar or equivalent taxes, duties, fees and levies) which shall be payable in addition to that sum in the manner and at the rate prescribed by law from time to time.
- The Charges are exclusive of any Additional Charges. Where Charges are quoted on a daily basis, these shall include any and all weekends and public and bank holidays which fall within the Hire Period.
- The Charges will be payable by the Hirer to Love Inc. Ltd for the duration of the Hire Period.
- Unless otherwise agreed by the parties in writing or in the Contract, all invoices submitted by Love Inc. Ltd shall be paid by the Hirer with immediate effect and before delivery of the Neon Lighting.
- If any Charges or Additional Charges are to be paid during the hire period these too need to be settled with immediate effect.
- Save as otherwise expressly provided in the Contract or required by law, all payments to be made by either party under the Contract shall be made in full and without any deduction or withholding including on account of any counter-claim.