The Black Poppy

The Black Poppy Terms and conditions of Hire Agreement

Throughout this Agreement
‘we’, ‘us’ and ‘our’ means The Black Poppy of Lindens, St. Michaels Chase, Copford Green, Colchester, CO6 1EF
‘you’ or ‘your’ means the person identified in the contract as the hirer of the Goods
‘the goods’ means those items set out in the delivery note
‘the term’ means the period set out in the delivery note
‘location’ means the location where you agree to keep the Goods as in the delivery note

In consideration for payment of the sum specified in the delivery note we agree to hire to you the Goods for the Term.

Your obligations

You agree / jointly agree and severally to:

Pay punctually (and in any event within 14 days of demand) and without counterclaim or set-off all sums payable to us under the terms of this Agreement.

Inspect the Goods on delivery to you or collection and notify us immediately in writing of any defect in the Goods. If no such notification is given it shall be conclusively presumed that the Goods are complete and in good order and condition and fit for the purpose for which they are required by and are satisfactory to you.

Allow us or our duly authorised agent or representative upon reasonable notice at any time access to inspect the Goods.

You shall supply by means of security, credit card details to The Black Poppy in respect of the hire. The Black Poppy reserves the right to present these details at any time for payment of any sums due in respect of damage, loss, additional cleaning charges or extended hire.

Subject to the limitation of law to indemnify us against all loss actions claims demands proceedings (civil or criminal) costs legal expenses (on a full indemnity basis) insurance premiums and calls liabilities judgments damages or other sanctions arising directly or indirectly from your failure or alleged failure to carry out the terms of this Agreement or by reason of any loss injury or damage suffered by any person (including you) from the presence of the Goods or the delivery possession hiring transportation condition use removal or return of them or any defect in the Goods or the design manufacture testing or maintenance of them.

At the end of the Term or such earlier determination provided for under this Agreement return the Goods to us maintained and in good condition. In the event that the Goods are returned to us in a damaged condition or if you fail to return the Goods to us you agree to pay to us the full retail price less the hire charge.
Failure to return the goods on time or be unavailable for collection will result in charges of 50% hire charge per day over the agreed hire period.

Not to any time to part with possession of the Goods.

Termination

Without prejudice to our right to arrears of rental we may terminate the hire under this Agreement on the occurrence of any of the following events:

if you do not pay any of the rentals or any of the sums agreed to be paid by you to us under this Agreement or
if you do or allow to be done any act or thing that may prejudice or endanger our rights in the Goods or
if you die or
if you have a bankruptcy order made against you or
in the case of a company if you have are liquidated or wound up or have a petition for winding up presented against you or pass a resolution for voluntary winding-up or
if a petition for the appointment of an administrator is presented against you or if you have a receiver or administrative receiver appointed or
if you convene any meeting of your creditors or make a deed of assignment or otherwise compound with your creditors or
if any step is taken to levy a distress or execution or if a distress or execution is levied or threatened to be levied upon any chattels in your possession or
if you abandon the Goods

Whereupon our consent to your possession of the goods shall determine immediately and we may take possession of the Goods wherever they may be.

Consequences of Termination

Upon the hiring of the Goods being determined, if this Agreement is then terminated upon repudiation by you accepted by us you shall pay to us

All arrears of rental including any apportioned period of rental and damages for any breach of this Agreement and all expenses and costs incurred by us in re-taking possession of and/or re-hiring the Goods or attempting to re-hire the Goods and/or enforcing our rights under this Agreement.

Interest

If any of the rentals or any other sums payable under this Agreement shall not be paid when due you shall pay to us interest on any outstanding sum calculated on a daily basis from the date due until payment at the rate of 4% above the base rate from time to time.

Generally

We at all times retain ownership of the Goods and you shall have no interest in the Goods save as is provided by this Agreement.
Caution should be exercised in particular with candles and direct heat. They should at all times be kept away from naked flames.
Any delay or failure by us to exercise any right or remedy shall not constitute a waiver of it or them and any of our rights or remedies may be enforced separately or concurrently with any other right or remedy now or in the future accruing to us to the effect that such rights are cumulative and not exclusive of each other.
This agreement with the respective delivery note contains all the terms to include period of hire and cost of hire agreed between the parties except for such variations in writing as shall be agreed by the parties. We may assign our rights without your consent. You may not assign your rights or obligations under this Agreement.
All sums payable under this Agreement shall be paid together with the addition of such VAT as is legally payable from time to time on those sums.
The Contracts (Rights of Third Parties) Act 1999 is excluded from applying to this Agreement and nothing herein confers or purports to confer on any third party any benefit or any right to enforce any term of this Agreement
This Agreement shall be governed and construed according to the law of England and Wales.