1.1. FANCY AFFAIRS (the lessor) rents the items described on the client’s (the lessee’s) invoice, which is subject to these terms and conditions.
1.2. The rented items remain the property of FANCY AFFAIRS.
1.3. The client will be held liable for any items lost or damaged during the stipulated rental period, at a replacement price.
1.4. The client is aware of the purpose for which the item(s) are intended and shall use the items for such purpose only.
1.5. Please note that once the client has received the items, the risk and insurance of such items passes to the client. The client hereby undertakes to fully insure such items or take the necessary steps to ensure that the full replacement value of the items can be provided to FANCY AFFAIRS should the item(s) be damaged or destroyed by any peril whatsoever.
1.6. This contract constitutes an ongoing agreement between FANCY AFFAIRS and the client, to the extent that signing this document once binds both parties to the terms contained in this document, each time goods are hired.
2. RENTAL PERIOD
2.1. The rental period is stated on the quotation or invoice.
2.2. Any additional period in which the client has the items in his/her possession will be charged at the rates of the price list until the item(s) are returned by the client or collected by FANCY AFFAIRS.
3. BOOKING & PAYMENT
3.1. A quotation provided by FANCY AFFAIRS is an estimate and the final booking cost will be provided to the client on signature of the quotation and payment of 50% of the quotation price as a deposit.
3.2. On receipt of the signed quotation and 50% deposit, FANCY AFFAIRS shall provide a finalised quotation that will secure the items on behalf of the client at the final quotation price.
3.3. The items quoted in the initial estimated quotation are subject to availability on signature of the quotation and payment of the 50% deposit.
3.4. The payment of the full balance must be made at least 72 hours prior to delivery of the items by FANCY AFFAIRS.
3.5. Should a client’s booking be made within 72 hours of required delivery of the items, 100% of the quoted amount will be required as payment to secure the booking.
3.6. Payments are to be made by Electronic Funds Transfer (EFT).
3.7. No steps may be taken for the collection of items by the client until full payment has been made in terms of 3.4 or
3.8. The quotation and booking will include a refundable breakage deposit.
3.9. Alterations to quotes/bookings must be done in writing, via email. It is at the sole discretion of FANCY AFFAIRS to allow alterations to the booking, including the application of any discounts or refunds to the client.
3.10. Any increase in items will be subject to availibility.
4. DELIVERY & COLLECTION BY FANCY AFFAIRS
4.1. FANCY AFFAIRS delivers and collects at a fee, depending on the area and availability of transport.
4.2. Any deliveries involving stairs, elevators, paths with large obstacles, or excessive distances from our truck will be charged at an additional rate.
4.3. Items must be ready for collection in the same place and manner that they were delivered; chairs must be stacked, cushions must be packed in plastic bags, linen must be dry and all other items must be in their original packaging.
4.4. If the client fails to comply with clause 4.3, he/she will be charged an additional fee for breakdown of items and chairs.
4.5. Should the items not be returned in the same packaging they were delivered in, the client will be liable for the replacement cost of such packaging.
4.6. Delivery and collection dates are stipulated on quotes, bookings, contracts and invoices. It is the client’s responsibility to ensure that these dates are correct and that items can be stored in a safe and sheltered place until collection, as per clause 6.
4.7. On delivery by FANCY AFFAIRS, the client or a person designated by the client must check all the items and sign the delivery note.
4.8. If the client or another person designated by the client fails to sign the delivery note, FANCY AFFAIRS will not be held liable for any discrepancies as to the items delivered.
4.9. Normal transport fees apply from Monday to Friday. Additional transport fees are charged on Saturdays, Sundays, pubic holidays and late nights.
4.10. FANCY AFFAIRS will not be held liable or responsible for the client’s failure to notify FANCY AFFAIRS regarding changes in delivery and collection dates and times. Clients will be subject to cancellation of the order without refund and/or penalties may be applicable.
4.11. Clients have 12 (twelve) hours after delivery of items to contact FANCY AFFAIRS in writing via email for any discrepancies. Thereafter FANCY AFFAIRS is under no obligation to rectify the mistake or accept any discrepancies.
4.12. The client will be subject to FANCY AFFAIRS checking the items collected or received from the client and the client will be held liable for any discrepancies.
4.13. If a client does not declare items missing, the client will be subject to FANCY AFFAIRS’ evaluation of the items. Clients will be held liable for shortages or damaged items, as per clause 6.
4.14. If a client declares missing items, the client is still subject to FANCY AFFAIRS’ evaluation of the items and will be liable for the declared and undeclared missing and damaged items.
4.15. Any changes to the agreed time and/or date of delivery and/or collection may be subject to additional fees.
5. PICK-UP AND RETURN BY CLIENT
5.1. The client must collect and return the items on the dates stipulated on the booking:
5.1.1. Items must be collected on the pick-up date before 17:00.
5.1.2. Items must be returned on the return date by 12:00.
5.2. If the client does not return the entire order of items by 12:00 on the specified return date (and has not appropriately notified FANCY AFFAIRS), the client will lose the refundable breakage deposit and agrees to pay half the daily hire fee for the first additional day and the full daily charge for each day thereafter, until all of the items are returned.
5.3. Clients will be charged the replacement cost for item(s) not returned on the specified return date.
5.4. FANCY AFFAIRS reserves the right to decline a transportation service or method elected to be used by a client.
5.5. Should the items not be returned in the same packaging they were delivered in, the client will be liable for the replacement cost of such packaging.
5.6. Pick-up and return dates are stipulated on quotes, bookings, contracts and invoices. It is the client’s responsibility to ensure that these dates are correct and that items can be stored in a safe and sheltered place until collection, as per clause 6.
5.7. FANCY AFFAIRS will not be held liable or responsible for the client’s failure to inform FANCY AFFAIRS about changes in pick-up and return dates and times. Clients will be subject to cancellation of the order without refund, and/or penalties may be applicable.
5.8. FANCY AFFAIRS cannot be held responsible for any damages incurred when clients use their own transportation or a courier company and any damages to items during transportation will be governed by clause 7. Clients will be held liable for any damages or losses occurred during their own transportation and/or that of a courier company.
5.9. Clients using a courier company accept that items leave FANCY AFFAIRS premises in good condition. The manner in which items arrive at the client’s premises or venue is not the responsibility of FANCY AFFAIRS.
5.10. Clients using a courier company to return items are subject to FANCY AFFAIRS’ verification of the condition of the items as per the inspection terms in clause 7. In such a case, the only valid count of items shall be that of FANCY AFFAIRS and clients will be held liable for any damages or losses, as per clause 6.
5.11. On delivery by a courier or FANCY AFFAIRS, the client or a person designated by the client must check all the items and sign the delivery note.
5.12. Should the client or another person designated by the client fail to sign the delivery note, FANCY AFFAIRS will not be held liable for any discrepancies as to the items delivered.
5.13. Should the client or another person designated by the client fail to sign the collection note, the client will be liable for any damages or losses suffered when FANCY AFFAIRS checks the collected items, as per clause 7.
5.14. The client will be subject to FANCY AFFAIRS’ evaluation of the items collected or received from the client and the client will be held liable for any discrepancies.
5.15. If a client does not declare items missing, the client is subject to FANCY AFFAIRS’ evaluation of the items and clients will be held liable for shortages or damaged items, as per clause 7.
5.16. If a client declares missing items, the client is still subject to FANCY AFFAIRS’ evaluation of the items and will be liable for the declared and undeclared missing and damaged items.
5.17. Any changes to the agreed time and/or date of pick-up and return dates shall be subject to additional fees.
5.18. FANCY AFFAIRS will not be held liable for late or non-delivery of items as a result of a supervening impossibility.
6. CARE OF ITEMS
6.1. Dishes, cutlery and glassware must be placed in the containers provided.
6.2. Linen should be dry and placed in plastic bags.
6.3. If linen is returned with non-removable stains, mould, tears or burns, the client will be charged the full replacement cost, as per clause 7.
6.4. If linen is returned with excessive wax that requires more than one wash to remove, the client will be charged a washing fee.
6.5. All hired property of FANCY AFFAIRS, including furniture, linen, carpets and décor, must be stored in a safe and sheltered location when not in use.
6.6. If the client fails to comply with the terms in clause 6, he/she will be liable for any damages or losses suffered by FANCY AFFAIRS.
7. DAMAGED ITEMS
7.1. A refundable deposit is required to ensure coverage of any shortages or damages should they occur. The amount of this deposit is determined at the discretion of FANCY AFFAIRS and will be refunded to the client within 7 days of the hired items being checked and declared in good order. It is the client’s responsibility to email FANCY AFFAIRS the banking details for the refundable deposit.
7.2. Any shortages or damages will be deducted from the refundable deposit at the replacement price.
7.3. If the shortage or damage exceeds the refundable deposit, the client will be liable for the full amount of the replacement cost. The balance is due for payment 2 days after client receives the shortages/damages invoice.
7.4. In the event that either the client or FANCY AFFAIRS ascertains that any item(s) has been damaged, a joint inspection of the items must take place by the client and FANCY AFFAIRS, to determine the identity and extent of the item(s) damaged.
7.5. The inspection should take place on the day following the function at the venue of the function by FANCY AFFAIRS and the client. If such an inspection is not possible, FANCY AFFAIRS will collect the items and store them separately on FANCY AFFAIRS premises until the inspection can take place. In the event that such an inspection does not take place, FANCY AFFAIRS will determine whether the item(s) are repairable or damaged beyond repair and the client will be charged to repair or replace the item(s) accordingly.
7.6. If any item(s) are damaged, the client can choose whether to accept the damaged item(s) and pay FANCY AFFAIRS the cost to replace these item(s), or to pay FANCY AFFAIRS the cost to repair such items, if repair is possible.
8.1. Cancellation of an item:
8.1.1. 50% of the total amount of the item is non-refundable.
8.2. Cancellation of a booking:
8.2.1. 25% of the total amount on the quotation is non-refundable on cancellation.
8.2.2. Should a cancellation take place between 14 (fourteen) and 8 (eight) calendar days prior to pick-up or
8.2.3. Should a cancellation take place 7 (seven) or fewer calendar days prior to pick-up or delivery (collection)
8.3. FANCY AFFAIRS shall be entitled, but not obliged, to cancel all existing agreements with the client without notice, and shall be entitled to the immediate return of all items on hire.
9. The client furthermore agrees to be liable for all of the FANCY AFFAIRS legal costs for the attorney/client scale, including collection commission, in respect of any proceedings instituted by FANCY AFFAIRS for the recovery of any amounts owed by the client in terms of the agreement.
10. These terms and conditions are binding on payment.
11. This agreement constitutes the entire agreement between both parties. No alterations, amendments or variations to this agreement shall be regarded as valid and binding unless reduced to writing and signed by both parties. No relaxation or indulgence shown by any party to the other shall be regarded as a waiver of that party’s rights as contained in this agreement.