Terms & Conditions -Hiring

                                                                                              

                                                                                     

TERMS & CONDITIONS DÉCOR HIRE

  1. INTRODUCTION AND AGREEMENT
    • The hire of bespoke event décor and furniture from Weddings & Functions by Jackie is subject to these terms and conditions of hire.
    • The Client agrees that by making payment of the agreed upon booking fee detailed in 3.1 below, that they have read, accepted and agree to be bound by these terms and conditions.
    • Should there be any clause in these terms and conditions that the Client does not understand, then the onus is on the Client to ask the Service Provider to explain the relevant clause before accepting the terms and conditions by making payment.
  2. DEFINITIONS AND INTERPRETATION
    • In these terms and conditions, the following expressions, unless otherwise stated, bear the following meanings:
      • ‘Agreement’ - these terms and conditions of hire of bespoke wedding décor and/or furniture;
  • ‘Client’ means the business or individual who would like to engage Wedding & Functions by Jackie for décor and/or furniture hire services
  • ‘Goods’ the hired décor items and/or furniture hired by the Client from the Service Provider and as more fully indicated on http://www.byjackie.co.za;
  • ‘Parties’ the parties to this Agreement, or any one of them as the context indicates;
  • ‘Rental Period’ means the period between the date when the hired Goods are collected by the Client, or delivered by the Service Provider, and the return date and time as specified on the quote from the Service Provider;
  • ‘Service Fee’ means the full fee payable, by the Client to the Service Provider, for the hire of the Goods as set out in paragraph 3 below;
  • ‘Service Provider’ means Weddings & Functions by Jackie, represented by Jackie Davidson, or such other person as may be designated by Jackie Davidson from time to time;
  • Words importing one gender will include references to all other genders and vice versa; words importing the singular will include the plural and vice versa.
  • PAYMENT AND BOOKING FEE
    • The Client agrees to pay the Service Fee, as detailed in the Service Providers quote and/or invoice as follows:
  • 50% of the Service Fee, as a booking fee, on acceptance of this Agreement;
  • the final 50% of the Service Fee at least two weeks prior to the collection or delivery.
    • In order to secure the Goods, the booking fee as per 3.1 above, must be paid by the Client to the Service Provider into the bank account below:

Name:                        Weddings & Functions By Jackie (Pty) Ltd

Bank:                         First National Bank

Account Number:         62808723391

Branch Code:              210835

Reference:                  Bride / Client Name & Function Date

Proof of payment must be e-mailed to jackie.j.sullivan@gmail.com.  

  • No Goods will be delivered or released until the full Service Fee has been paid into the bank account in paragraph 3.2 above.
  • No cash or cheques will be accepted unless the Parties agree thereto in writing.
  • Interest of 2% will be charged monthly, on ALL invoices 30 days and over.
  • RISK, DELIVERY AND RETURN
    • The Goods will be at the Clients sole risk from the date and time of delivery and/or collection, until the Goods are collected by, or returned to and received by the Service Provider. The Client undertakes to return the hired Goods in the same condition that they were received.
    • The Service Provider accepts no responsibility, for any delay, loss or damage, in the event that inaccurate information has been provided regarding the delivery place, or collection / delivery time, or any other relevant information pertaining to the delivery / collection, and further accepts no responsibility for loss or damage for late or non-delivery in the event of a supervening impossibility.
    • It is the Clients responsibility to check the Goods on collection or delivery. No discrepancies about quantities, loss, damage or shortages will be accepted after acceptance by the Client of the Goods.
    • The Client accepts that they will return all hired Goods, on the expiry date of the Rental Period. A late return fee will be charged at full rental fee per every 3 days its outstanding.
    • The Client acknowledges that failure to return hired Goods in terms of this Agreement will constitute a breach of this Agreement and illegal possession by the Client, and the Service Provider may report the Goods stolen.
  • PACKAGING, CARE AND CLEANING
    • Before dispatch, all hired Goods are packaged with protective wrap and placed in crates or other containers for maximum care. The Client acknowledges and accepts that after use, all hired Goods are to be carefully repackaged, using the protective wrap and placed in the supplied crates or containers. 
    • The Client accepts that all hired Goods must be returned in an acceptable conditioned before being returned or collected. Failure to do so, will result in an additional cleaning surcharge, the cost of which is excluded from the Service Fee.
    • The Client agrees to ensure that all hired cutlery and crockery is wiped with a damp cloth immediately after the event to remove any traces of food. The Client acknowledges that cutlery and crockery must not be washed with soap or any other detergent.
    • The Client acknowledges that no abrasives, sponges containing metal fibres, harsh wash cloths, aggressive chemicals and polish may be used to clean the hired Goods.
  • REPLACEMENT AND/OR DAMAGES TO GOODS
    • If applicable, the Client will be held liable for any and all damage or loss to Goods hired and/or used in terms of this Agreement. This includes any damage or loss that may be incurred in the transportation by the Client, storage by the Client or use of any items provided in terms of this Agreement.
    • The Goods will be inspected by the Service Provider once returned:
      • in the event an item is damaged, but capable of repair, the Client will be liable for the entire repair amount, plus reasonable expenses;
      • in the event an item is lost or damaged beyond economical repair, the Client will be liable for the full replacement cost of the item, plus reasonable expenses.
    • The election as to whether to replace or repair any item will be made by the Service Provider provided that the most cost effective option is be chosen.
    • The Client expressly agrees to pay the full repair and or replacement costs within 5 working days of receipt of written notification from the Service Provider.
  • CANCELLATION AND CHANGES TO SERVICES
    • In accordance with section 17 of the Consumer Protection Act 68 of 2008, the Client is entitled to cancel this Agreement at any time before the hired goods are to be collected and/or delivered, but subject to the Service Provider charging a reasonable cancellation fee.
    • The Parties agree and acknowledge that in the wedding and events service industry and specialist décor industry, bookings are taken far in advance of the actual event, and on average over 9 - 12 months from the date the event takes place. The Service Provider will do everything possible to accommodate a date change, but given the advanced nature of bookings, and the likely loss the Service Provider will incur (by turning down other future events or bookings), a date change (for whatever reason, howsoever arising) will be treated the same as a cancellation of the booking.
    • Each cancellation will be reviewed on its own merits and according to its own unique circumstances to determine the applicable cancellation fee. As a guideline, the cancellation fee will be dependent on the proximity of the Client’s termination with the date on which the Goods are to be delivered and/or collected – the guidelines below serve as an illustration:
  • More than 9 months’ notice from date of the collection – 5% of the Service Fee
  • 9 months’ notice from date of the collection – 20% of the Service Fee
  • 8 months’ notice from date of the collection – 25% of the Service Fee
  • 7 months’ notice from date of the collection – 30% of the Service Fee
  • 6 months’ notice from date of the collection – 35% of the Service Fee
  • 5 months’ notice from date of the collection – 40% of the Service Fee
  • 4 months’ notice from date of the collection – 60% of the Service Fee
  • 2 months’ notice from date of the collection – 70% of the Service Fee
  • 1 months’ notice from date of collection – 80% of the Service Fee
  • 16 to 30 days’ notice from date of collection – 90% of the Service Fee
  • Less than 15 days’ notice from date of collection – 100% of the Service Fee.
  • LIMITATION OF LIABILITY AND INDEMNITY
    • While every reasonable effort will be made to deliver an exceptional service, the entire liability of the Service Provider to the Client for any claim or loss arising out of this Agreement will be limited to the Service Fee amount paid by the Client.
    • The Service Provider will not be held liable in the event of destruction, delay, loss or damage caused by a force majeure or supervening impossibility. In such an event, the Service Provider will notify the Client, and at the Service Provider’s discretion will either cancel this Agreement and return all amounts paid (less a reasonable fee for work already performed and time already spent at an hourly rate of R1500.00; or alternatively, the Service Provider will delay rendering the services until after the force majeure  
    • In the event that a décor piece and/or furniture item and/or other item chosen by the Client is not available, the Service Provider will inform the Client and at the Service Providers own discretion, replace the item with the closest available alternative.
    • The Client indemnifies the Service Provider from all liability, claims and expenses, arising from the Client’s unlawful conduct.
    • The Client indemnifies the Service Provider from all liability, claims and expenses, arising from any damage, injury or loss to the Client and/or Clients guests’ that may arise out of this Agreement.
    • The Service Provider does not undertake to guarantee any specific outcome, style or design and the Client uses the Goods and/or services of the Service Provider at his or her own risk.
  • NOTICES (DOMICILIUM)
    • Any notice or other document to be served under this Agreement to a party may be to be served at its address set out below:
    • The Service Provider’s Legal Notices:

Attention:          Jackie Sullivan

E-mail:             jackie.j.sullivan@gmail.com

  • All notices given in terms of this Agreement must be in writing and any notice given by one party to the other which is sent by e-mail to the addressee’s e-mail address will be deemed to have been received by the addressee on the 1st (first) business day after the date of transmission thereof.
  • Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice or communication actually received by one of the parties from the other including by way of e-mail shall be adequate written notice or communication to such party.
  • BREACH
    • If any Party breaches any provision or term of this Agreement and fails to remedy such breach within five (5) business days of receipt of a written notice from an aggrieved Party requiring it to do so, then the aggrieved Party will be entitled without notice, at its option:
      • to seek immediate specific performance of any of the defaulting Party's obligations under this Agreement, whether or not such obligation is then due; or
      • to cancel this Agreement, in which case written notice of the cancellation shall be given to the defaulting Party and the cancellation shall take effect on the giving of the notice;
      • and in either event the aggrieved Party shall be entitled to claim any damages it has suffered.
    • The aggrieved Party's remedies in terms of this clause are without prejudice to any other remedies to which the aggrieved Party may be entitled at law.
  • GENERAL
    • Neither Party may cede its rights or delegate its obligations under this Agreement without the prior written consent of the other Party.
    • This Agreement contains the entire agreement between the Parties in regard to its subject matter. Neither Party will be bound by any express or implied term, undertaking, representation, warranty, promise or the like not included or recorded in this Agreement, whether it induced the contract and/or whether it was negligent or not.
    • No variation, amendment or consensual cancellation of this Agreement or any term hereof will be binding or have any force and effect unless reduced to writing and signed by or on behalf of the Parties.
    • Any extension of time or waiver or relaxation of any of the terms of this Agreement will be construed as relating strictly to the matter in respect of which it was made or given and will not operate as an estoppel against either Party in respect of its rights under this Agreement. Moreover, no failure by either Party to enforce any term of this Agreement will constitute a waiver of such term or affect in any way such Party’s right to require the performance of such term at any time in the future, nor will a waiver of a subsequent breach nullify the effectiveness of the term itself.
    • If any term or part of any term of this Agreement is for any reason whatsoever, including a decision by any court, any legislation or any other requirement having the force of law, declared or becomes unenforceable, invalid or illegal, the remainder of this Agreement shall not be affected and the invalid provision or part shall be replaced or amended, so far as it is necessary to maintain the purpose and continuity of this Agreement.
    • The Parties acknowledge that they have been free to secure independent legal, tax and other advice as to the nature and effect of all the terms of this Agreement and that they have either taken such independent legal and other advice or dispensed with the necessity of doing so.
    • This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same agreement.
    • This Agreement shall be governed in all respects by and will be interpreted in accordance with the laws of the Republic of South Africa.