TERMS AND CONDITIONS FOR THE HIRE OF PRANGSTA COSTUMES
These are the Terms and Condition under which Prangsta Costumiers Limited, Prangsta, agrees to let on hire the costumes and accessories, to the named Hirer.
Commencement
1. The Hire Period begins on the date shown on receipt and continues for the period specified on receipt unless otherwise determined as provided in this Agreement.
2. At the end of the noted Hire Period the Hirer shall immediately return the Costumes to Prangsta at this address: Prangsta Costumiers 304 New Cross Road London SE14 6AF
3. If the Hirer fails to do so Prangsta shall be entitled to retake possession of the Costumes; and the Hirer shall on demand pay to Prangsta rental in respect of the Costumes at the rate of one half of the normal weekly Hire Charge or at such other rate if specified overleaf, for each week or part week from the date of expiry of the Agreement to the date of repossession.
Payment
4. The Hirer shall pay on time to Prangsta the charges set out on the receipt and always before the Costumes leave Prangsta’s premises.
5. Once the Hirer removes the Costumes from Prangsta premises the Hire Fee cannot be refunded.
Deposit
6. The payment of a deposit is always required before the Costumes leave Prangsta’s premises unless otherwise discussed and agreed with Prangsta.
7. Prangsta shall be entitled to take from the deposit any amounts due to them from the Hirer as a result of non payment, loss or damage to the Costumes and Costumes being returned after the due return date.
8. Where an amount is to be taken from the deposit, Prangsta shall notify the Hirer at the address stated on the receipt by the Hirer.
Insolvency
9. In the event of the Hirer becoming insolvent or committing an act of bankruptcy this hiring shall come to an end without notice and the Costumes shall no longer be in the Hirer's possession with the consent of Prangsta and Prangsta shall be entitled to enter upon the Hirer's premises or any other premises where the Costumes are held in order to retake possession of the Costumes. All costs and expenses reasonably incurred in connection with such recovery shall be paid by the Hirer.
Covenants of the Hirer
10. The Hirer agrees with Prangsta as follows:
a) to be solely responsible for the Costumes to their full replacement value or to the value as specified at the time of hire, at all times from the moment the Costumes leave the premises of Prangsta until their return to Prangsta’s premises or as Prangsta shall direct;
b) to take proper care of the Costumes and to take responsibility for all loss and damage to the Costumes howsoever caused during the period of hire;
c) to be responsible for the delivery of the Costumes from and to Prangsta’s premises. The Hirer remains responsible for delivery where Prangsta makes arrangements for delivery as agent on behalf of the Hirer;
d) to use the Costumes for the purpose expressly indicated to Prangsta at the time of the order and not for any other purpose except by agreement with Prangsta;
e) not to damage the Costumes or permit them to be damaged in any way;
f) not to make any amendments, modifications or additions to the Costumes or alter them in any way;
g) to permit Prangsta and any person duly authorised by Pransgta at all reasonable times to inspect the Costumes and for the purposes of carrying out the same, to have access to any premises where the Costumes may be situate;
h) to keep the Costumes at all times in his possession and control and not to remove or permit the removal of the same from the UK without the consent in writing of Prangsta;
i) to notify Pransgta immediately of any change of address and, upon the request of Prangsta, to notify Prangsta of the location of the Costumes;
j) not to sell, assign, let, pledge, mortgage, charge, encumber, part with possession of or otherwise deal with the Costumes or any interest therein nor to assign the benefit of this Agreement nor to create or to permit the creation of any lien on the Costumes;
k) to keep the Costumes free of any distraint, distress, execution or other legal process;
l) to insure the Costumes to their full replacement value with a reputable insurance company against loss or damage by accident, fire and such other risks, if any, against which it is usual to insure the Costumes;
m) to notify Prangsta immediately of any loss, or damage to the Costumes and to pay Prangsta the full cost of the replacement or repair of the Costumes.
Termination
11. Upon termination of this Agreement:
a) the Hirer shall return the Costumes in good condition to Prangsta at the Address specified above or to such other place as Prangsta shall appoint. If the Hirer fail to do this Prangsta shall be entitled without notice to take repossession of the Costumes
b) the Hirer shall pay to Prangsta immediately or on demand all arrears of rentals, interest and any other sums payable under this Agreement up to the date of termination including the costs of all repairs required to be done to the Costumes in order to put them in good condition as well as the replacement costs of any item that cannot be repaired or is not returned.
Retentions
12. When Prangsta agrees to retain for the Hirer particular Costumes until a specified date, the Hirer agrees to pay the retention charges agreed between Prangsta and the Hirer: retention charges cannot be refunded.
Liabilities
13. Upon the return of the Costumes, Prangsta will as soon as practicable check the Costumes within their Returns Department. The Hirer is entitled to be present at the checking in procedure at a time and date stipulated by Prangsta, but in the event that the Hirer is not present then the decision of Prangsta as to the accuracy of the checking in procedure is final and binding on the parties. Any discrepancy will be communicated in writing to the Hirer as soon as practicable.
Force Majeure
14. Prangsta shall not in any way be liable for any loss arising directly or indirectly by events over which Prangsta has no control including but no limited to, act of God or the Queen's enemies invasion exceptionally inclement weather strikes whether official or unofficial lock-outs or civil commotion or prohibitions imposed by Law or any Government or competent Authority including also neglect or default on the part of the carriers or from any consequential damage or loss resulting from such delay in or failure of delivery or otherwise.
General
15. These terms and conditions shall form the basis of the entire Agreement between the parties and no variations or additions shall be made unless agreed between the parties in writing.
16. This Agreement is made in England and is governed by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts as regards any claim, dispute or matter arising out of or relating to this Agreement.