Terms & Conditions
PROP HOUSE
Terms & Conditions
- Definitions:
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 Unit E2, Network Enterprise Park, Kilcoole, County Wicklow A63 TY77.
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 communication between the Company and the Customer that relates 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 the 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 the Customer.
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 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 three days, 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 include 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.
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 the 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, and 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 before 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 Unit E2, Network Enterprise Park, Kilcoole, County Wicklow A63 TY77.
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 these terms:
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 reserves 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, drawings 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 a 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 of the product.
7.2 The Company retains the copyright of its 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.
- Usage:
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 the 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 the 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, an 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.
- Confidentiality
10.1 The Customer will keep in strict confidence all technical or commercial know-how, specifications, drawings, quotations, inventions, processes or initiatives which are confidential 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 are 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.
10.4.5 Our site may require the use of cookies
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.
- Interpretation:
11.1 The Contract shall be interpreted in accordance with the laws of Ireland.