Terms and conditions of hire

Our Terms and Conditions of hire are available as a PDF download, see ICON below. Our Terms and Conditions are also laid out below


Together with the Declarations overleaf these are the Terms and Condition under which Secrets Of, agrees to let on hire the Products , listed overleaf to the Hirer named overleaf.

Commencement
1 The Hire Period begins on the date shown overleaf and continues for the period specified overleaf unless otherwise determined as provided in this Agreement.
2 At the end of the noted Hire Period the Hirer shall immediately return the Products to Secrets Of at the address overleaf.
3 If the Hirer fails to do so Secrets Of shall be entitled to retake possession of the Products; and the Hirer shall on demand pay to Secrets Of rental in respect of the Products at the rate of one half of the normal weekly / Daily 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 Secrets Of the charges set out overleaf and always before the Products leave Secrets Of premises.
5 Once the Hirer removes the Products from Secrets Of premises the Hire Fee cannot be refunded.

Deposit
6 The payment of a deposit is always required before the Products leave Secrets Of premises.
7 Secrets Of 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 Products and Products being returned after the due return date.
8 Where an amount is to be taken from the deposit, Secrets Of shall notify the Hirer at the address stated overleaf by the Hirer.

Interest
9 Interest is payable by the Hirer on overdue installments and on all other sums payable or which become payable under this Agreement which are unpaid by the due date.
10 Interest is calculated from the due date to the date of payment at a rate of 4% above the National Westminster Bank base lending rate for sterling from time to time prevailing.
11 Any interest payable under clause 9 above shall run from day to day and shall be accounted for after as well as before any judgments.

Insolvency
12 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 Products shall no longer be in the Hirer's possession with the consent of Secrets Of and Secrets Of shall be entitled to enter upon the Hirer's premises or any other premises where the Products are held in order to retake possession of the Products. All costs and expenses reasonably incurred in connection with such recovery shall be paid by the Hirer.

Covenants of the Hirer
13 The Hirer agrees with Secrets Of as follows:
a: to be solely responsible for the Products to their full replacement value or to the value as specified at the time of hire, at all times from the moment the Products leave the premises of Secrets Of until their return to Secrets Of premises or as Secrets Of shall direct;
b: to take proper care of the Products and to take responsibility for all loss and damage to the Products howsoever caused during the period of hire;
c: to be responsible for the delivery of the Products from and to Secrets Of premises. The Hirer remains responsible for delivery where Secrets Of makes arrangements for delivery as agent on behalf of the Hirer;
d: to use the Products for the purpose expressly indicated to Secrets Of at the time of the order and not for any other purpose except by agreement with Secrets Of;
e: not to damage the Products or permit them to be damaged in any way;
f: not to make any amendments, modifications or additions to the Products or alter them in any way;
g: to permit Secrets of and any person duly authorised by Secrets Of at all reasonable times to inspect the Products and for the purposes of carrying out the same, to have access to any premises where the Products may be situate;
h: to keep the Products 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 Secrets Of;
i: to notify Secrets Of immediately of any change of address and, upon the request of Secrets Of, to notify Secrets Of of the location of the Products;
j: not to sell, assign, let, pledge, mortgage, charge, encumber, part with possession of or otherwise deal with the Products 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 Products;
k: to keep the Products free of any distraint, distress, execution or other legal process;
l: to insure the Products 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 Products;
m: to notify Secrets Of immediately of any loss, or damage to the Products and to pay Secrets Of the full cost of the replacement or repair of the Products.

Termination
14 Upon termination of this Agreement:
a: the Hirer shall return the Products in good condition to Secrets Of at the Address specified above or to such other place as Secrets Of shall appoint. If the Hirer fails to do this Secrets Of shall be entitled without notice to take repossession of the Products.
b: the Hirer shall pay to Secrets Of 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 Products 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
15 When Secrets Of agrees to retain for the Hirer particular Products until a specified date, the Hirer agrees to pay the retention charges agreed between Secrets Of and the Hirer: retention charges cannot be refunded.

Liabilities
16 Upon the return of the Products, Secrets Of will as soon as practicable check the Products within their Returns Department. The Hirer is entitled to be present at the checking in procedure at a time and date stipulated by Secrets Of, but in the event that the Hirer is not present then the decision of Secrets Of 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
17 Secrets Of shall not in any way be liable for any loss arising directly or indirectly by events over which Secrets Of 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 
18 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.
19 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.
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Updated on: 18th July 2008

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Please view Terms and Conditions for Hire or Sale or email us at INFO@SECRETSOF.CO.UK

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