Terms & Conditions of Sale Document
In these terms and Conditions, unless the context otherwise permits or requires, the following
expressions shall have the following meanings: 1.1 “The Company” refers to Prop House, which encompasses Prop House,
Planning & Marketing. The offices of the company are situated at Deansgrange Road, Blackrock, Co Dublin.
1.2 “The Customer” means any person or company requesting the company to
produce, supply or provide a product or service and includes any servant, agent or
subcontractor of the customer.
1.3 “In Writing” means any communications between the Company and the Customer
that is relating to the hire of a good or service by the Customer through the use
of facsimile transmission, email, postal or comparable means of communication.
1.4″The Hirer” refers to any person requesting the Company to produce, supply or
provide a product.
- Acceptance of Terms and Conditions:
2.1 Any business undertaken by the Company or any information, advice or service
supplied by the Company (whether charged for or not), is undertaken or provided
subject to these Terms and Conditions and shall be the terms of any contract for
supply of goods or services between the Company and the Customer.
2.2 These Terms and Conditions (subject to and together with any variation agreed in
writing between the Company and the Customer) shall constitute the entire contract
between the Company and the Customer. It shall override or supersede any previous
agreement or arrangement between the Company and the Customer and in particular
it shall operate to the exclusion of any Terms and Conditions at any time imposed by
2.3 The Customer acknowledges that it has not entered into this Agreement relying
upon any representation made by or on behalf of the Company and without prejudice
to the generality of the aforementioned, the Company has not relied upon any
correspondence, statement or sales literature issued by or on behalf of the Company.
2.4 The Hirer’s acceptance of the delivery or collection of the goods shall be conclusive
evidence that the hirer has examined the goods and found them to be complete in
accordance with the Contract and that the hirer found the equipment in a good working
order, condition and fit for the purpose for which they are required.
- Payment & Charges:
3.1 All prices quoted, unless otherwise stated are prices of stock and works from Prop
House at the offices situated in Blackrock. These prices are subject to an additional
charge for packaging and carriage. Prices are subject to the addition of Value Added Tax at the
current rate of 23% where applicable.
3.2 The basic hire charge is based on a three day period, covering supply on one working day,
use on the next day and return on the third working day. If the hire is for use on the weekend, the
hire period would be from Friday to Monday.
3.3 The hire charges includes cleaning but all items (excluding linen) must be rinsed and free from
surplus food and debris. Failure to do so may incur a wash-up charge. Items must be returned in
the same condition as they went out in.
3.4 On confirmation of the order credit/debit card details are required to secure the order and
payment will be taken from this card.
3.5 When payment is made by credit/debit card, such credit/debit card number will be held and
used against losses/additional costs/damages.
3.6 The Customer shall pay a deposit for the Services as set out in the Acknowledgement to
cover the risk value of the Services (“Deposit”). Such Deposit shall be repaid to the Customer
if and to the extent that it returns the Props on or before the relevant Return Date in the same
condition as on the Commencement Date.
3.7 Proof of identity may be required on larger hires. Acceptable identification includes Driving
Licence, Passport and a recent utility bill for security purposes.
3.8 Payments must be made before goods are dispatched unless credit terms are agreed
in writing. Settlement of credit accounts should be made within the first fourteen days
of the month during which the goods are shipped or finally invoiced.
3.9 When using Prop House, the Company must be informed immediately of
any extension in the hire period and the hirer shall be charged accordingly.
3.10 Rental goods must be available for collection at the delivery address, unless otherwise
agreed. All deliveries and collections will be charged for. Any extra expenses incurred
where subsequent journeys are made necessary will be charged accordingly.
- Supply of Goods:
4.1 The contract shall require the Customer to give particulars sufficient to
enable the Company to deliver at the time(s) or within the period specified.
4.2 The Customer shall ensure that the Venue is suitable for the Services including
but not limited to the size of the Venue, and the technical facilities available to
accommodate provision of the Services by Prop House.
4.3 If the Customer is arranging collection of the Props from Prop House’s premises,
the Customer shall ensure that suitable transportation is provided. Prop House reserves
the right to refuse to release the props if in its reasonable opinion such transport is deemed
unsuitable or inadequate.
4.4 In the case of Installation Services, the Customer must provide a safe and suitable
Access point of delivery, preferably ground floor.
4.5 The Customer shall ensure that the Props are:
4.5.1 only used indoors unless otherwise stated or agreed in writing in advance by Prop House.
4.5.2 kept away from direct heat sources and the Customer acknowledges and agrees
that flammable materials may have been used in the production of the Props.
4.6 In the case of Installation Services the Customer will provide Prop House with full
and accurate technical details, safe and reasonable access to the Venue including all
fire, health and safety regulations. To make available such facilities including power
supply where necessary. The Customer will ensure that any Props of an electrical nature are
tested prior to use and only used in conjunction with a Residual Current Device.
4.7 The Customer acknowledges that Props are not new and may have signs of reasonable
wear and tear.
4.8 Where Prop House stock is hired, all equipment remains the
property of the Company at Deansgrange Road, Blackrock, Co. Dublin.
4.9 During the period of hire from Prop House, the Hirer is solely responsible for the hired goods.
4.10 Any person not the Customer, who signs a collection note must be authorised
to do so in writing by the hirer and will be deemed to be so.
4.11 The hire of any goods from the company shall be deemed to continue until
the goods are made available to the owner or returned to their possession.
In the case of a late return of hired goods a hire charge equivalent to the
daily hire rate will be made. At all times during the hire, the Customer
shall be responsible for insuring all of the rented goods.
4.12 Any goods lost or damaged will be charged to you at a replacement rate.
- Limitation of Liability:
5.1 Prop House’s liability for any of the following is not excluded or limited by
5.2 Prop House shall not be liable for any consequential loss of the Customer of
whatever nature arising from any breach of Contract on the part of the Company.
5.2.1 Insofar as the Company is liable for any costs claim or demand whatsoever
of the Customer, the liability of the Company shall be limited (at the discretion of
the Company) to:
* Replacing the defective goods
* Making good the defect
* Allowing a part or full credit for the cost of the defective goods; or work done on
them by the Company.
5.3 The Company reserve the right to cancel a Contract or an order if the Customer
breaches any terms of any contract with the Company or enters into receivership or
liquidation or commences legal proceedings involving the Customer’s solvency.
5.4 The owner shall not be responsible for any injury or damage to persons or
property arising from the use of equipment under hire from Prop House.
5.5 The Customer agrees that Prop House shall be entitled to charge all loss and/or
damage (including costs of cleaning if relevant) to the Props to the Customer’s
credit card number provided by the Customer during the order process and, in
the case of Hire, be immediately entitled to retain the Deposit towards such charge.
5.6 The Company is under liability where parts, materials or equipment not
manufactured by the seller; in respect of which, the buyer shall only be
entitled to the benefit of any such warranty or guarantee as is given by the
manufacturer to the seller.
5.7 The Customer shall not without prior written consent of Prop House assign or
transfer the Contract or any part of it to any other person.
- Ownership of Intellectual Property Rights
6.1 Prop House reserves all rights in its intellectual property of any nature whatsoever
including without limitation copyright, and design rights and the Customer shall not
be entitled to any intellectual property rights arising out of the provision of the Services.
The Customer shall not release photographs, designs, quotations, drawing and
recordings to any third party for any commercial purpose without the prior written
consent of Prop House.
- Design & Production:
7.1 The Company does not guarantee to supply an exact replica of a Customer’s
design or colour scheme, but will use its best endeavours to produce a fair
representation within the acceptable limitations of design & production, fabric
colours, paints & inks available. The Customer therefore accepts any variations
from the specific shades caused by the application to the product.
7.2 The Company retains copyright of its own designs and accepts no responsibility
for infringement of patent or copyright or registered design of any third party
incurred in carrying out the Customer’s directions.
8.1 The Company does not accept responsibility for the suitability or any particular
end use of the goods supplied unless previously agreed by the Company in writing.
The Customer acknowledges the limitations of products supplied.
8.2 It is the Customer’s responsibility to ensure that the use to which any
merchandise supplied by the Company is put, complies with requirements of local
planning authorities and other interested departments and that in the event of there
being any infringement thereof the Customer will not be entitled to compensation for
any breach of contract of sales.
- Force Majeure:
9.1 If Prop House is prevented or delayed in the performance of any of its obligations under
the Contract by any cause which arises from or is attributable to acts, events, omissions or
accidents beyond its reasonable control including but not limited to strikes, lock-outs or other
industrial disputes, unavailability of raw materials, act of God, war, riot, civil commotion,
malicious damage, compliance with any law or government order, rule, regulation or direction,
accident, breakdown of plant or machinery, transport disruption, fire, flood, storm, terrorist attack,
nuclear, chemical or biological contamination or sonic boom, then it shall have no liability in
respect of the performance of such of its obligations as are prevented by those events.
10.1 The Customer will keep in strict confidence all technical or commercial know-how,
specifications, drawings, quotations, inventions, process or initiatives which are of a
confidential nature and which have been disclosed to the Customer by Prop House or its
agents and any other confidential information concerning Prop House’s business or its
products which the Customer may obtain. The Customer will restrict disclosure of such
confidential information to such of its employees, agents or subcontractors as need to know
the same and will ensure that such employees, agents or subcontractors are subject to
equivalent obligations of confidentiality as bind the Customer.
10.2 Your privacy and security is of paramount importance at Prop House. Personal information
and payment details are securely held.
10.3 We will not collect any information about individuals, except where it is specifically
and knowingly provided by them. The information collected will be used to send you the
information you have requested
10.4 We collect anonymous visitor information like IP addresses, browser types (such as
Internet Explorer or Netscape), referring pages and pages visited. We collect non-personally
Identifiable information for the following purposes:
10.4.1 To provide anonymous statistical analysis of web page traffic patterns for our website
10.4.2 To administer our website and servers
10.4.3 To allow for auditing of our services by third parties
10.4.4 To improve our website
We may share non-personal aggregate statistics (group) data about our site visitors’ traffic
patterns with partners of other parties. However, we do not sell or share any information
about individual users.
10.4.6 In addition to the Group’s safeguards, personal data is protected in Ireland and the UK
by the various Data Protection Acts.
11.1 The Contract shall be interpreted in accordance with the laws of Ireland.