HIRE TERMS & CONDITIONS

This agreement is between THE CUSTOMER (referred to as “the customer/the wearer” noted on the front hereof, and Steve Johnston T/A Dunvegan Kilts and Tartans (referred to as “the company/we/us/our”.)

TERMS AND CONDITIONS

1. DEFINITIONS:
In this agreement, front and back, except where the context indicates otherwise, the following words shall bear the following meanings:

1.1 “BROCHURE” means any pamphlets and rates sheets published by us, whether printed or electronic, containing our current tariffs from time to time;
1.2 “THE CUSTOMER” means the PERSON named as such on the face hereof whether acting personally or in a representative capacity, jointly and severally;
1.3 “THE COMPANY” means Steve Johnston T/A Dunvegan Kilts and Tartans;
1.4 “DAMAGE/S” means all DAMAGES to our garments of whatsoever nature and howsoever arising caused by me or the wearer through the negligent wearing or use of our garments or otherwise and includes but is not limited to DAMAGES which are economical or uneconomical to repair;
1.5 “ORDER PERIOD” means the period after the ORDER DATE requested by you and agreed to by us prior to the DELIVERY DATE;
1.6 “ORDER” means your commitment to purchase the items listed on the face hereof at the agreed prices listed on the face hereof by the date noted as the delivery date on the face hereof.
1.7 “GARMENT” means the clothing referred to on the face hereof, hangers, suit bags and all accessories supplied with the GARMENT or any substitution GARMENT in terms hereof;
1.8 “PERSON” includes any juristic and natural PERSON, the singular includes the plural and one gender includes the other were applicable;
1.9 “WAIVER” means a reduction of liability in the event of an accident/theft and/or loss of the GARMENT.
1.10 “EQUIPMENT” hangars, suit bags and any dress accessories.
1.11 “DELIVERY” means handing over any garment or portion thereof to the CUSTOMER on the date, time and place noted on the face hereof.

 

INTRODUCTION
We hire and you rent (as the case may be) the GARMENTS for the ORDER at the rate as stipulated on the face hereof or if no rate is stipulated then in accordance with the BROCHURE rate on the terms here below, or quoted.

2. AUTHORISED PURCHASE:
By your signature hereto, you confirm that the CUSTOMER on the face hereof is authorised to commit to this sales agreement.

3. PAYMENT:
3.1 You agree to pay, on demand:
3.1.1 the price as stipulated on the face hereof and/or in accordance with an agreed rates sheet or as per the BROCHURE;
3.1.2 additional charges as described on the face hereof and/or as stated in the rates sheet/BROCHURE;
3.1.3 all and any costs, (including but not limited to) losses or DAMAGES incurred by the CUSTOMER in procuring the return of the GARMENTS to our office described on the face hereof, or such other location as determined by us in our sole discretion any DAMAGES or losses suffered by us due to any fault of the CUSTOMER, including but without limiting the generality of the foregoing, all amounts which would have been payable by me in terms of this agreement if the ORDER PERIOD had been validly extended to the actual date of delivery of the GARMENTS;
3.1.4 pay to us all DAMAGES and any other losses sustained by us, as provided for in this agreement;
3.1.5 for all costs to deliver and collect a GARMENT to or from a pre-determined place of delivery or collection at the agreed rate or as per the BROCHURE;
3.1.6 a claim administration fee in accordance with our rates sheet/rates BROCHURE which will be charged in the event of the GARMENT being DAMAGED/lost and/or stolen while in the CUSTOMERS care.
3.2 All payments are due by you on the sooner of a demand by us, or immediately prior to collection or delivery. You shall not set-off or withhold payment of any amounts due by you in terms of this agreement for whatever cause.
3.3 All costs incurred by us for the redistribution (collection and delivery) of GARMENTS due to incorrect ordering such as but not limited to, incorrect sizes and GARMENT descriptions on the face hereof, except where the fault lies with us
3.4. Payment is considered to be full and final only after any clearance periods have expired and the funds reflect as “cleared” into the COMPANY’s bank account.

 

4. DELIVERY:
4.1 you shall take delivery of the GARMENT at the place specified on the face hereof. You shall have no claim against us if the GARMENT is not available for delivery, except for a refund of any amount paid.
4.2 On delivery by us or collection by you, the GARMENTS shall be deemed to be in good order, condition and repair, free of all damages.
4.3 We may refuse delivery by us or collection by you if an advance payment or deposit is not made.
4.4.1 The GARMENTS shall be at the CUSTOMERS sole risk from the date and time of delivery by us or collection by you.
4.4.2 The GARMENT is by my signature on the face hereof deemed to be delivered to me or collected by me free of any DAMAGE of whatsoever nature and in good order and repair (unless such DAMAGE is recorded in writing and signed by both parties on the face hereof.) the GARMENTS shall be at your sole risk of loss or DAMAGE until we have recorded the return thereof.
4.5 We acknowledge that failure to pay for the GARMENTS in terms of this agreement shall constitute illegal possession by you and we may repossess the GARMENTS wherever same may be found and from whom so ever is in possession thereof.

5. RISK.
5.1 Risk passes to the CUSTOMER on Delivery, whether temporary or permanent

6. TITLE
6.1 Ownership and title passes to the CUSTOMER after complete, full and final payment.
6.2 The COMPANY will acquire and retain a Lien over any items not collected within 14 days of the delivery date on the face hereof or where monies are still outstanding.

7. YOUR OBLIGATIONS:
7.1 The onus is on the CUSTOMER to ensure that the correct sizes and GARMENT descriptions are ordered prior to confirming the order.
7.2 By your signature hereto, you confirm that the sizes, measurements and GARMENT descriptions recorded on the face hereof are accurate and correct.
7.3 Every reasonable effort will be made to ensure the measurements are correct, the CUSTOMER chooses to forego any measurements by us at the CUSTOMERS own risk.
7.4 To notify us of any changes to the order at the earliest possible opportunity
7.5 Any changes or alterations during the ORDER PERIOD may result in additional expenses for which the CUSTOMER will be liable to pay on demand.
7.6 Any unforeseen cost occurring during the ORDER PERIOD such as but not limited to customs duties, exchange control, exchange rates, procurement prices of raw materials and fabrics, will be for the CUSTOMERS expense and payable on demand from us.

8. DAMAGE AND LOSS WAIVERS:
8.1 DAMAGE AND LOSS WAIVERS – DECLINED

9. EXEMPTION:
We shall not be liable for any DAMAGE or loss, whether direct or indirect, arising out of any defect or the safety of the GARMENT or the use thereof or caused by any negligence or fault or otherwise of ours, or that of our agents or our servants, nor for any direct or indirect loss, consequential DAMAGES, loss of profits or special DAMAGES arising out of any of the aforegoing and/or for any breach by us of this agreement. No warranties as to the condition, state of repair or anything else concerning the GARMENT are given by us.

 

10. EXTENSION OF AGREEMENT:
10.1 You will only be entitled to orally extend this agreement by calling our offices on 084 580 4200 or 083 415 8714 (all hours). Any extension noted on our system shall be regarded as an extension of the original agreement.
10.2 The onus to prove an oral extension shall lie with you, failing which the hire agreement may be considered a late return at our discretion.

11. RETURNS, ALTERATIONS and CANCELLATIONS
11.1 No ORDER may be cancelled once the COMPANY has committed to the manufacturing process.
11.2 Cancellations, where permitted, may result in cancellation charges or the forfeit of any deposit paid, whichever in the greater.
11.3 Alterations will be underwritten by the COMPANY only where it is determined to be the fault of the COMPANY, any other Alterations may be charged for and payable on demand.
11.4 Unless authorised by the Company, The cost of collection and return for alterations is for the CUSTOMERS expense and payable on demand.
11.5 We reserve the right to not offer refund or accept returns on items that we suspect have been worn or tampered with in any way.
11.6 ALL items must be returned in their original condition, including but not limited to the original packaging and containers/boxes/hangers, documentation and tags.
11.7 No items bought on sale, clearance or special discounted prices may be returned.
11.8 Returns must be lodged with the COMPANY within 7 days of delivery.

12. GENERAL:
12.1 All notices and legal processes in terms hereof shall:
12.1.1 be given to you at the address set out on the face hereof (Your chosen Domicilium Citandi et Executandi). Any notice posted to you shall be deemed to be received 7 days after posting, unless you prove the contrary;
12.1.2 be given to us at our head office at our appointed Domicilium Citandi et Executandi at 18 St. Patrick rd, Hurlyvale, Edenvale.
12.2 You hereby consent to the jurisdiction of the Magistrate’s Court having jurisdiction over its person in respect of any proceeding arising from this agreement even if the amount in issue would otherwise exceed the jurisdiction of such court. This consent shall not however, prejudice us in respect of our right to proceed in any court of competent jurisdiction.
12.3 The English version of this agreement will prevail in the event of a dispute.
12.4 This is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by you and us.
12.5 We may claim and recover from you on demand all costs and expenses incurred by us in consequence, directly or indirectly, of any breach by you of this agreement, including attorney-and-own-client costs, collection commission and any costs of tracing you or the GARMENT.
12.6 A provision of this agreement which is invalid or unenforceable for any reason shall be severable from the rest of this agreement and shall not affect the validity thereof.
12.7 This agreement shall be governed by the laws of the Republic of South Africa.
12.8 By your signature hereto, you accept all the charges charged by us in terms of this agreement, including any charges relating to loss and DAMAGE to the GARMENT.
12.9 By your signature hereto, you hereby authorise us to conduct ITC checks on you, if necessary.
12.10 By my signature hereto, I as the CUSTOMER/WEARER/authorised representative undertake personal liability for and on behalf of the customer as surety and co-principal debtor in solidum.