Pop Goes The Weasel LTD
Terms and Conditions
- The ‘Customer’ refers to the person or persons, firm, company or organisation entering into or intending to enter into a purchase or hire contract Pop Goes The Weasel LTD
- The ‘Company’ refers to Pop Goes The Weasel LTD including its employees, servants, agents and/or authorised representatives.
- ‘Purchase’ refers to items purchased by the Customer from the Company
- ‘Hire Period’ refers to the period commencing when the Customer holds the goods on hire and ends when the items are returned to the Company’s possession, either by return from the customer or collection by the Company.
- ‘Force Majeure’ means any event outside a party’s reasonable control including but not limited to Acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
1. 1. Basis of Contract:
1.i Goods are supplied by the Company either via hire or purchase to the Customer at a time required by the Customer and as agreed in the Hire/Purchase agreement (confirmed with the Customer’s signing of The Provisional Order Form and by the Company via invoice once the Provisional Order Form is received and a deposit is paid.)
1.ii The Supplier will not be liable for any loss suffered by the Customer as a result of the Hire/Purchase Goods being unavailable for hire/delivery due to circumstances beyond the Supplier’s control.
1.iii Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer. Where the Customer is acting as a consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts, have no force or effect. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.
2.i The Customer is required to pay Deposit/Balance/compensations for any products in accordance with times/terms stipulated by the Company in the contract. Hire/Purchase items are not booked until a deposit is required.
2.ii The Company accepts no responsibility for assumptions made by the Customer that items are booked when a deposit has not been paid. Similarly, the Company is not obliged to ‘hold’ or ‘reserve’ items without a deposit.
2.iii The Customer is required to pay the total hire/purchase amount 14 days prior to the date the items are required. Payment shall not be deemed paid until the Company has received either cash or cleared funds. If full payment is not received, The Company is under no obligation to supply any/all items listed in the order.
2.iv The Company’s prices are, unless otherwise stated, inclusive of VAT.
2.v *If the Customer fails to make any payment in full on the due date the Supplier may charge the Customer interest (both before and after judgment/decree) on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the rate of 4% above the base rate from time to time of the Supplier’s bank whichever is higher.
2.vi The Customer shall pay all sums due to the Company under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
2. vii By the payment of a deposit, the Customer accepts the Company’s Terms and Conditions.
3. Risk and Insurance
2.i Risk regarding and Hire Goods or other products supplied by the company will pass immediately to the Customer once outside the possession of the Company and shall only return to the Company once all items have been returned/collected by the Company. This is applicable if the Company choose to cease charging for rental.
2.ii Purchased goods, once received by the customer, will belong to the Customer and will cease to be the responsibility of the Company.
2.iii Ownership of hired items remains at all times with the Company. The Customer may not deal with ownership or hold interest in the Hire Goods. The Customer may re-hire the Hire Goods to a third party if prior written consent has been given by the Supplier.
2.iv The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.
4. Delivery, Collection & Services.
4.i In the majority of orders, the Company will arrange delivery and collection, for which a charge will be applicable.
4.ii Goods will be delivered to an address specified by the Customer and where required, will be set up as per the agreement made with the Customer when booking. While the Company will make every effort to deliver/collect items at a time/date requested by the Customer, the Company cannot be responsible for changes of delivery/collection due to other factors, including but not limited to, vital maintenance to equipment required, transport, late return of goods from previous hire, acts of God or other factors outside the control of the Company. In the case of Popcorn and/or candy floss, the Company will arrive 15 mins prior to service to set up. If the Client requires the Company to set up earlier and wait before service, an extra charge will be applicable.
4.iii The Company is under no obligation to supply goods on a different date/time if these changes are made by the Customer after booking.
4.iv The Customer will be required to sign a form upon receipt to indicate they are satisfied with the goods as delivered. Any problems should be reported to the Company before the form is signed. Problems/issues reported after representatives of the Company have left may incur further transportation/maintenance costs.
4.v The Company accepts no responsibility for goods delivered by courier or Post. Recorded/tracked delivery will be available at additional cost. The Company accepts no responsibility for lost or damaged goods.
4.vi Where the Company agrees for the Customer to collect hire goods in person, a cash deposit applicable to the value of the items hired will be required and held by the Company for the duration of the hire period. This deposit will be refunded to the Customer when all items are returned to the Company in the condition they were hired. The Company will withhold some or all of the deposit as compensation for any items lost or damaged while in the possession of the customer. In the case of damage/Loss equating to more than the initial deposit, the Customer will be liable to pay the full cost of replacing the item(s).
4.v Whilst every effort will be made to avoid damage to the property of the Customer/site address, the Company will not be responsible for any damage accidentally caused during delivery and collection. The Company reserves the right to refuse delivery to sites/positions if deemed to be contrary to Health and Safety of its employees.
4.vi The Customer will allow/arrange sufficient access to and from the relevant site and provide full details of loading space, facilities, electrical points (where applicable) and access. Where goods need to be carried over a distance deemed unreasonable by the Company, additional charges may apply.
4.vii The Supplier shall have no Liability to the Customer for any delay and/or non performance of a Contract to the extent that such delay is due to any Force Majeure events.
4. viii Dry Hire. With all dry hire products (i.e. items collected from the Company and returned to the Company) a cash deposit (minimum £50) be required upon collection. The deposit amount will be calculated by the Company based on the value of the goods to replace and potential loss of hire revenue while replacements are sought. When items are returned to the company and adjudged to be undamaged/ in the condition at which they were hired, the deposit will be returned either in full to the customer. In the case of damage/loss of goods, the Company is entitled to withhold the sum of/part of the deposit.
5. Care of Hire Goods
5.i The Customer shall not tamper with, remove labels from or interfere with the Hire Goods or their parts and shall take reasonable care of the items in accordance with safety/operating information supplied by the Company.
5.ii The Customer is obliged to notify the Company immediately after any breakdown, loss or damage to the hire goods.
5.iii The Customer is liable to pay for any loss or damage to the goods and will be billed accordingly.
5.iv The Customer is responsible for all expenses, including loss of rental, and/or damages incurred by the Company in the event of the Customer’s negligence, misdirection, loss or misuse of Hire Goods.
5.v In the case of breakdown, if possible, the Company will endeavour to repair on site. However, the Company accepts no responsibility for goods that cannot be used due to damage/breakdown that cannot be repaired or replaced. However, allowance will be made in relation to the rental for any non-use of goods due to an inherent fault or natural wear and tear if the Customer has informed the Company at the time of the breakdown.
5.vi The Customer will not repair or attempt to repair any hire goods supplied by the Company.
5.vii The Hire Goods must be returned by the Customer in good working order and clean condition (fair wear and tear excepted) together with relevant paperwork relating to the Goods.
5.viii The Customer will be liable to pay for any repair or cleaning costs incurred by the Company if the goods are returned in a state adjudged to be beyond that of normal wear and tear/inherent fault or general usage.
5.ix The Customer is liable to pay any rental lost on hire goods that have been damaged from the time of the damage until the time they are replaced. In accordance with this, the Company will endeavour to replace the items as swiftly as possible from the date of the damage.
6. Electrical specifications.
6.i In the case of Hire items requiring electrical power, it is the responsibility of the Customer to ensure that a suitable power socket is available near to the location where the hire item is required. The Customer must notify the Company in advance if an extension lead will be required.
6.ii A minimum output 3kva generator is required for events where electrics are not readily available. Due to the dual elements present in the Benchmark Popcorn Machine, sensitive RCDs may be triggered. Plug sockets without individual RCDs are preferable.
6.iii Where electrical items are hired, a minimum serving space of 2 x 1m must be arranged by the customer, in an area that presents no risks to the representatives of the Company, the venue, the Customer or anyone in the vicinity.
6.iv The Company accepts no responsibility for the failure of any of its electrical items to either function or produce sufficient confectionery where the Customer has failed to adhere to the minimum specifications detailed in 6.i, 6.ii, 6iii. Where machines fail to function due to sensitive RCDs, the Company will endeavour to resolve the problem where possible. The Customer must accept that weather, air moisture and other factors may impede production of confectionery, in particular candy floss.
6.v In the instance of machine failure, where the Customer has adhered to the conditions above and where neither the Company nor the Customer are at fault, the Company may choose to offer the Customer a refund for a percentage of the hire cost only after the Company has deducted costs. Delivery and Collection charges will not be refunded. Refunds will not exceed more than 50% of the hire value of electrical items only, not the full value of the order. Where some or nearly all of the order has been fulfilled, the Company is under no obligation to offer any refund.
7. Practical Implementation of Hire
7.ii The Customer must notify the Company of any adverse conditions which may jeopardise the safety/stability of the hire items including, but not limited to, uneven flooring, outside venues, ground effected by recent flooding, faulty electrical fixtures and fittings.
7.iii. In the case of Chair Covers, it is the Customer’s responsibility to check that the chairs they intend to cover are a suitable size to accommodate the covers. It is also the Customer’s responsibility to inform the venue that chair covers are to be supplied by an outside company and to ensure they do not object to this.
7.iv Chair Covers/sashes must not be removed from chairs by the Customer unless previously arranged with the Company.
7.v A replacement cost of £5.00 per chair cover and 50p per sash is applicable on items lost or damaged. The Company may choose to take a damage deposit prior to the event to be returned to the Customer upon the safe return of all goods. Any required replacements will be deducted from this amount.
7.vi In the case of hire goods supplied with additional parts (i.e. Sweet Cart with glassware and canopy) all parts either fixed or otherwise should be returned with the hire items. The Customer will be liable to pay for any missing parts/accessories.
7.vii naked flames are not permitted for use on, in or near the hire items including but not limited to the Sweet Cart, Wishing tree, bay trees, bird cages and chair covers.
7.viii Goods will only be supplied to a legitimate fixed address or venue. Storage facilities, mobile homes and caravans cannot be classified as fixed addresses nor be billed as such.
7.ix With regard to stationery and other custom-made products, Pop Goes The Weasel LTD will endeavour to complete the order within a period of 3 weeks from receipt of payment. Requests for an earlier completion date may be agreed between the Company and Customer. Earlier completion requests may result in an additional charge.
7.x The Company accepts no responsibility for orders delayed due to, but not limited to, force majeure, failure of a supplier to supply materials, illness or inability to deliver.
7.xi The Company will not begin stationery or other custom-made orders until payment is received. The Company accepts no responsibility for orders completed after the desired date if this delay was due to late payment.
7.xii All stationery designed and created by Pop Goes the Weasel LTD remains the artistic property of the Company and therefore may be replicated as samples without prior permission from the Customer.
7.xiii The Customer accepts that while the Company will endeavour to create uniform stationery, all items are handmade and therefore open to slight differences in size, shape and presentation.
8. Termination by Notice.
8.i Where the hire period has a fixed duration, subject to the provisions of Section 8, neither the Company nor the Customer will be entitled to terminate the contract before the expiry of the fixed period unless mutually agreed.
8.ii Where the hire period does not have a fixed duration, both the Company and Customer may terminate the contract upon providing the other party with an agreed notice period of no less than 14 days. If the Customer elects to terminate early, they must return all goods to the Company.
The Customer will be in default if :
9.i He/she fails to make an arranged payment without due cause or is in breach of the contract and incapable of remedy.
9.ii persistently breaches the terms of the Contract;
9.iii supplies incomplete, inaccurate or misleading facts and/or information in connection with the Contract.
9.iv is a company who enters into voluntary or compulsory liquidation or administration or applies bankruptcy. Or appear reasonably to the Company to be in danger of any of the aforementioned events.
9.v Pledges the Company’s hire goods as value to creditors
In the case of default the Company may:
9.vi except where the Customer is acting as a consumer, repossess from site any or all hire goods without prior notice.
9.vii Withhold services or goods, including those ordered for purchase by the Customer, and cease any services in progress under the contract.
9.ix Suspend or terminate the contract without liability.
9.x *claim all remaining monies owed by the Customer to the Company.
Upon termination of the Contract the Customer shall immediately:
9.xi Return the Hire Goods to the Supplier or make the goods available for collection.
9.xii pay any outstanding amounts owed according to the Contract
10. Limitations of Liability
10.i *If the Company is found to be liable for any loss or damage to the Customer’s property or their venue, the extent of the Company’s Liability will be limited to the retail cost of the replacement/repair of the damaged property.
10.ii Defective or damaged items supplied by the Company must be returned to the Company for inspection before the Company will have any liability for the defect. The Company will not accept liability for any defects caused by the Customer or other third party and may request further payment before a replacement is supplied.
10.iii All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or capability are excluded to the fullest extent permitted by law.
10.iv *The Company shall have no liability to the Customer if, without just cause, has failed to pay the balance of the order in full by the due date.
10.v The Company’s liability for any damage, loss, liability, claims or expenses will desist if the Customer continues to use a defective item after initial detection of the defect.
10.vi The Customer shall allow reasonable time for the Company to remedy any matter for which it is liable before the Customer incurs any costs to remedy the matter. If the Customer does not allow reasonable time, the Company shall have no liability.
10.vii *The Company shall have no liability to the Customer or third parties where it has been arranged that the Customer will provide a policy of insurance arranged as a result of the contract. Furthermore, the Customer will ensure their insurer waive any and all rights of subrogation they may have against the Company.
10.viii The Company shall have no liability for the following: economic/similar losses, special damages and indirect losses, business interruption, loss of business, contracts or opportunity, *consequential losses (inc. Loss of profits/damage of goodwill).
10.ix *The Company’s total Liability to the customer in relation to any contract shall not exceed 5 times the hire/purchase and charges for the services under the contract or the sum of £1000 (or equivalent is other currencies) – depending on which is higher. To the extent that any liability of the Company to the Customer would be met by any insurance of the Company then the aforementioned insurance shall be extended to the extent that such liability is met by such insurance.
10.x Each/All limitations and/or exclusions in this contract shall be deemed to be repeated and apply as a separate provision for each of: - Liability for breach of contract, *Liability in tort/delict (including negligence) and *Liaibity for breach of statutory/common law duty except in reference to 9.ix which shall apply once in respect of said types of liability.
10.xi This contract shall not exclude or limit liability of the Company for death or personal injury caused by negligence nor exclude any other liability not permissible for exclusion by Law.
11.i Upon termination of the Contract all due monies and relevant liabilities will be applicable unless otherwise stated.
11.ii * All third party rights are excluded and no third parties shall have any rights to enforce the Contract. This Contract is governed by and interpreted in accordance with the law of the country where the Company is located and that country will have exclusive jurisdiction in relation to this Contract.
Copyright Pop Goes The Weasel LTD 04.01.2015