Terms & Conditions
TEMPORARY HIRE TERMS & CONDITIONS
BACKGROUND
This Agreement sets out the terms and conditions which Creative Venue Stylists Ltd shall provide the customer with Venue Styling Products by the way of hire.
1. Definitions
“Agreement” This Agreement and each customer order, together with any documents expressly referred to in either of them.
“Cancellations” Shall Follow the rules in Clause 4
“Customer Order” an order submitted by the Customer (whether by email, verbally over the telephone, or by any other verbal, written or electronic means) identifying the terms set out at the top of this agreement.
“Venue Delivery or set up Address”
unless specified otherwise in a Customer Order, the address of the Venue
“Event Date or Delivery Date”
the date on which the hire of the Products starts, as specified by the Customer
“Deposit” a deposit of such amount as is specified in an Order Confirmation.
“End Date” the date on which the hire of the Products ends, as specified by the Customer and agreed by Creative Venue Stylists Ltd.
“Products” the table cloths, napkins chair covers, table centres, backdrops, aisle carpets and/or other goods provided by Creative Venue Stylists Ltd to the Customer by way of hire, as specified in a Customer Order.
“Order Confirmation” each and every order confirmation sent by Creative Venue Stylists Ltd to the Customer (whether by email, fax or otherwise) confirming the terms of a Customer Order.
“Use Period” the period from the Set Up or Delivery Date to the End Date.
“Working Day” Mondays to Fridays, except bank and public holidays in England.
2.
2.1 The Customer may from time to time submit a Customer Order for the hire of Venue styling Products.
2.2 Creative Venue Styling Ltd shall send an Order Confirmation to the Customer following receipt of a Customer Order, and use its reasonable endeavours to do so within one (1) Working Day of receipt of such Customer Order.
2.3 A Customer Order shall not be binding on either party in any respect or to any extent until a
Quote has been Electronically signed and accepted By the Customer
2.4 In the event of any conflict between a term of a Customer Order and a term of an Order
Confirmation, the term of the Order Confirmation shall prevail.
3.
3.1 Subject to the timely payment by the Customer of the Charges, Creative Venue Stylists Ltd shall provide the Customer with the Products by way of hire throughout the Use Period. In the event that the Product specified in the Order Confirmation is not available, Creative Venue Stylists Ltd reserves the right to substitute items which are in all material respects similar to such Product. Creative Venue Stylists Ltd shall use its best endeavours to notify the Customer prior to making any such substitution.
3.2 The Customer shall pay to Creative Venue Stylists Ltd the Charges in accordance with clause 5.
3.3 The Customer shall throughout the Use Period:
(a) Take reasonable care of the Products and to use the Products for its proper purpose;
(b) Notify Creative Venue Stylists Ltd immediately of any loss of or damage to any Products; and
(c) Keep the Products free from any distrait, distress, execution or other legal process.
3.4 The Customer shall at the end of the Use Period:
(a) procure that all Products are available for collection at the agreed time on the End Date (or, if earlier, on termination of the Customer Order), and thereafter during all normal business hours for a period of not less than seven (7) days from a ground-level
(b)Arrange and Ensure that all Linen is packed in separate linen bags by type without limitation, ensuring that soiled kitchen ware is not packed in the same bag as chair covers, table cloths and napkins); and hazardous substances that have been in contact with Linen.
(c) Forthwith notify Creative Venue Stylists Ltd in writing prior to the return of the Linen of any toxic hazardous substances that have been in contact with Linen.
3.5 The Customer shall reimburse Creative Venue Stylists Ltd on demand and in full for the cost of replacing any Products which is missing or which is, in Creative Venue Stylists Ltd reasonable opinion, damaged (fair wear and tear excepted). The replacement cost any Product is available on written request from Creative Venue Stylists Ltd. The Customer shall be entitled to inspect damaged Products during a period of five (5) Working Days following notification by Creative Venue Stylists Ltd that the Customer will be charged for the replacement of such Products, after which period Creative Venue Stylists Ltd shall be entitled to dispose of such Products without liability to the Customer.
4. Cancellation of a Customer Order
4.1 Once a deposit is paid to secure a customer order this deposit is non refundable and non transferable to another event, changes to date will be at the discretion of Creative Venue Stylists Ltd and subject to availability of the chosen décor items.
4.2 If a customer wishes to cancel an order the following rules apply subject to the discretion of Creative Venue Stylists Ltd.:
(a) if the Customer cancels a Customer Order more than 12 Months before the Date of an Event the Monies paid including deposit is non refundable
(b) if the Customer cancels a Customer Order within Less than 12 Months of the Event Date the Monies paid including deposit is non refundable
(c) if the Customer cancels a Customer Order within Less than 9 Months of the Event Date The Monies paid including deposit is non refundable as well as 50% of the total balance being due to Creative Venue Stylists Ltd Within 7 Days of the Cancellation,
(d)if the Customer cancels a Customer Order within Less than 6 Months of the Event Date The Monies paid including deposit is non refundable as well as 75% of the total balance being due to Creative Venue Stylists Within 7 Days of the Cancellation,
(e)if the Customer cancels a Customer Order within Less than 3 Months of the Event Date The monies paid including deposit is non refundable as well as the total balance remaining being due to Creative Venue Stylists Ltd Within 7 Days of the Cancellation,
4.3 Once a deposit is paid to secure a customer order the following products are non cancel able:
Fairy light Backdrops, Flower Wall, Sequin Table Linen, Ceiling Drapes, Table Centres, LOVE SIGN, Ceremony Package or Aisle carpet, Up lighters, Dance Floor
4.4 The Customer acknowledges and agrees that the Cancellation Fee’s payable under clause 4.2 constitutes a reasonable pre-estimate of the loss that Creative Venue Stylists Ltd is likely to incur as a result of the cancellation of a Customer Order prior to the Event Date.
5. Charges, Payment and Deposit
5.1 Creative Venue Stylists Ltd shall, within 12 weeks of the event date invoice the Customer
for the Charges, and the Customer shall pay such invoice no later than 8 weeks before the event date. Time for payment shall be of the essence.
5.2 All payments by the Customer shall be made in full and without any deductions or set offs by electronic bank transfer to the bank account specified by Creative Venue Stylists Ltd (the details of which shall be stated on Creative Venue Stylists Ltds’ invoice or otherwise provided by Creative Venue Stylists Ltd to the Customer)
5.3 If the Customer fails to make any payment on the due date then, without prejudice to any
other rights or remedies available to Creative Venue Stylists Ltd, Creative Venue Stylists Ltd may take the following step
(a) Terminate any current Customer Order(s);
6. Ownership and Risk
6.1 All Products remains the exclusive property of Creative Venue Stylists Ltd at all times.
6.2 Without prejudice to clause 6.1, the Customer shall at all times throughout the Use Period be solely responsible for the risk in the Products at all times during the Use Period.
7. Limitation of liability
7.1 Except as expressly stated in clause 7.2:
(a) Creative Venue Stylists Ltd liability, whether under this Agreement or otherwise, for loss of or damage to the Customer’s tangible property caused by the negligence of The Creative Events Group, its officers, employees, contractors or agents, shall not exceed £1,000,000 in respect of one incident or in respect of any series of incidents arising from a common cause in a 12-month period. Save as provided in this clause 8.1(a), Creative Venue Stylists Ltd hereby excludes all liability for negligence;
(b) Creative Venue Stylists Ltd shall have no liability for any losses or damages which may be suffered by Customer (or any person claiming under or through the Customer), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories:
(i) Special damages even though Creative Venue Stylists Ltd was aware of the
(ii) Loss of profits, anticipated savings, business opportunity or goodwill.
8. Customer Indemnity
The Customer shall indemnify the Owner in respect of all claims by any person whosoever for any accident or damage caused by, or arising from the use of the Products, and in respect to all costs or
8.1 In addition to the cancellation of a Customer Order by the Customer pursuant to clause 4, a Customer Order may be terminated:
(a) forthwith by either party, if the other party is in material breach of any term of this
(b) forthwith by either party, if the other party shall convene a meeting of its creditors or if
Agreement which (if capable of remedy) is not remedied within 14 days of receiving
written notice thereof; or a proposal shall be made for a voluntary arrangement within Part I of the Insolvency Act 1986 or a proposal for any other composition scheme or arrangement with (or assignment for the benefit of) its creditors or if the other party shall be unable to pay
its debts within the meaning of section 123 of the Insolvency Act 1986 or if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a
meeting is convened for the purpose of considering a resolution or other steps are
taken for the winding up of the other party or for the making of an administration order
(otherwise than for the purpose of an amalgamation or reconstruction); or not less than seven (7) days’ prior written notice.
(c) By Creative Venue Stylists Ltd for any reason, subject to Creative Venue Stylists Ltd giving to the Customer
8.2 Termination of a Customer Order shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of such party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. For the avoidance of doubt, termination of a specific Customer Order shall not affect any other Customer Order(s) which have not been terminated.
9. The Agreement
9.1 This Agreement shall be capable of being varied only by a written instrument signed by a duly authorised representative of Creative Venue Stylists Ltd and an authorised representative of The Customer.
9.2 Creative Venue Stylists Ltd shall be entitled to use subcontractors in connection with its obligations under this Agreement, provided that Creative Venue Stylists shall remain responsible for the acts and omissions of such subcontractors.
9.3 This Agreement constitutes the entire agreement and understanding of the parties with
respect to its subject matter and supersedes (i) any previous agreement between, any prior
verbal or written understandings, communications, and representations between the parties
and (ii) any terms or conditions set out in any order forms, acknowledgement of order forms,
invoices or other documents provided by Creative Venue Stylists Ltd or the Customer (including,
without limitation, any terms and conditions printed on, or otherwise purporting to be incorporated in, the Customer’s purchase order). The parties acknowledge that nothing in this clause shall limit or exclude any right or liability of either party in respect of any fraudulent act, omission or representation.
9.4 This Agreement is severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of this Agreement.
9.5 The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.
9.6 Creative Venue Stylists Ltd may refer to the Customer as being a customer of Creative Venue Stylists Ltd, and use the Customer’s name, in its advertising, written sales promotions, press releases, public announcements, website and other promotional, marketing or publicity material.
9.7 Any notice to be given by either party to the other shall be in writing and delivered to the other party, in the case of Creative Venue Stylists Ltd at its registered office or, in the case of the Customer, at the Invoice Address (or at such other address as either party may notify the other party in writing). Notice may be served by personal delivery (in which case it will be deemed to be effective at the time of delivery), or may be sent by pre-paid recorded post (in which case it will be deemed served at the time of delivery), or may be sent by email to info@creativevenuestyling.co.uk (in which case it will be deemed served upon confirmation of receipt being received by the sender).
9.8 This Agreement is made solely and specifically between and for the benefit of the parties and is not intended to be for the benefit of and shall not be enforceable by any person who is not named at the date of this Agreement as a party to it under the Contract (Rights of Third
Parties) Act 1999 or otherwise and neither party may declare itself a trustee of the rights under it for the benefit of any third party.
9.9 This Agreement shall be governed by and construed in accordance with the laws of England.
Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with this Agreement.
