Hire Agreement
Terms & Conditions
This Agreement will be subject to these Conditions to the exclusion of all other terms and conditions (including any terms that the Customer purports to apply). No variation to these Conditions shall be binding unless agreed in writing between the parties and signed by a director of Zenkki.
The headings to the paragraphs in these Conditions are for ease of reference only and do not affect their interpretation.
1 DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, the following words and expressions shall have the following meanings:-
“Zenkki” or "The Company" refers to Zenkki Ltd (company registration number 12962059).
“Goods” the Furniture, Accessories and Fittings as specified in the Order to be supplied by Zenkki which includes all replacements and renewals and all accessories and additions.
“The Customer” refers to any company or organisation to which "The Company" is contracted to supply goods and/or services.
"The Contract" is any written or verbal agreement between the customer and the company for the latter to provide goods and/or services.
2. HIRE
2.1 Each order for the Goods shall be deemed to be an offer by the Customer to hire the Goods subject to these Conditions. Orders placed by the Customer's employees or agents will be binding if it is reasonable for Zenkki to accept that such individuals have the authority to place such orders.
2.2 No order placed shall be deemed to be accepted by Zenkki until a written acknowledgement of a set delivery date is issued by Zenkki or (if earlier) Zenkki delivers the Goods to the Customer.
2.3 Goods remain the property of the Company at all times.
2.4 The hire period will commence from the time of delivery and will terminate following the Goods' collection.
2.5 The company reserves the right to substitute alternative goods of a comparative or superior quality subject to availability.
2.6 The company will make every effort to deliver and collect goods at the times specified by the customer, however it will not, under any circumstances, accept liability for any expense borne by the customer for any delay in delivery or collection.
2.7 Prior to delivery and as part of the account opening process the Company might undertake a credit check and reserves the right to not accept orders.
2.8 Private consumers, may cancel their purchase within 14 calendar days from receipt of the goods and we will refund the price paid. The Customer must inform Zenkki by email of their intent to return the Goods. To be eligible for an exchange or return, the item must be unused, in the same condition and original packaging as when received. Where an exchange is not possible, Zenkki has the right to arrange for a refund instead. If the return is accepted, Zenkki will arrange to pick up the items. Items sent back without first requesting a return may not be accepted.
2.9 A collection fee may be incurred, per each separate collection if items are requested to be collected separately, to our discretion based on the size of the order.
2.10 Zenkki cannot accept returns on:
- Personalised, custom-made or bespoke items.
- Items damaged through normal wear and tear (unless the items were already damaged, incomplete or not-as-described).
- Items where you were aware of a fault when you bought the item;
- Items that you used, damaged or altered whilst in your possession, including by trying to repair the item.
2.11 If any delay in delivery is caused by the Customer due to access restrictions to the Property, security or lack of reasonable storage space, and less than 2 working days notice has been given to Zenkki, then Zenkki reserves the right to charge for any costs incurred due to such delay.
2.12 In cases where the Company is kept waiting onsite beyond specified delivery and collection times, the company reserves the right to invoice the customer at a rate of £40 per hour.
2.13 The Customer shall be responsible for inspecting the Goods upon delivery and shall note any defects in fit, finish or performance to specification of the Goods as appropriate immediately via email within 48 hours to hello@zenkki.co.uk.
2.14 Unless otherwise stated, goods are supplied used and as such may display signs of use.
2.15 The Customer (if onsite at time of delivery) acceptance of the Goods shall constitute evidence of the their acceptance of responsibility for the Goods as listed therein. If the Customer is not onsite at time of delivery and fails to raise any queries within a period of three days, the Goods will be deemed to have been delivered in accordance with the Order.
2.16 It is the customer's responsibility to inform the company in writing when goods are ready for collection, via the Customer Portal or via email. The company undertakes to effect a collection within 10 working days of the notice.
2.17 Zenkki may terminate the Hire on giving one month’s notice in writing at any time; or
2.17.1 at any time without notice if the Customer defaults in the payment of the charges or any other sums due to Zenkki under this Agreement or the Customer fails to observe and perform the terms and conditions of this Agreement
3. DUTIES OF THE CUSTOMER
3.1 The Customer shall during the continuance of this Agreement:-
3.1.1 take reasonable care of the Goods and use them for their proper purpose;
3.1.2 take such steps as are necessary to ensure the Goods are kept safe and not exposed to risk or damage;
3.1.3 not, in the opinion of Zenkki, to jeopardise the Goods or to permit them to be placed in jeopardy;
3.1.4 maintain the Goods in good and substantial repair and condition (fair wear and tear excepted)
3.1.5 keep the Goods in his possession or control at the Property address provided to Zenkki
3.1.6 not alter the Goods in any way or seek to make repairs or to reconfigure or modify the layout of the Goods without the previous written consent of Zenkki
3.1.7 not re-hire, sell, mortgage, pledge, underlet, lend or otherwise deal with the possession of the Goods or any part thereof without the previous consent in writing of Zenkki
3.1.8 permit Zenkki its servants and agents subject to reasonable notice to have access to the Goods for the purposes of inspection or repair at all reasonable time
3.1.9 notify Zenkki immediately of any material loss of or damage to the Goods
3.1.10 yield up the Goods to Zenkki on the termination of this Agreement in a condition equal to that as at the commencement of the hire (fair wear and tear excepted).
3.2 During the Hire Period, the Goods will be at the entire risk of the Customer and they shall be liable to Zenkki for any and all loss or damage to the Goods or any part thereof from any cause whatsoever (fair wear and tear excepted).
4 CHARGES
4.1 For the duration of the Hire, the Customer shall pay to Zenkki in advance the charges as specified in the Order, at such consecutive intervals as are specified in the Order without prior demand by Zenkki.
4.2 Zenkki shall not be obliged to make any delivery of the Goods until all charges have been paid in full.
4.3 Thereafter the invoices will be raised once each month and will cover the next full month’s hire. This will continue until the end of the hire and/or the furniture is removed.
4.4 Any changes in furniture (additional items, exchanges or returned items) will be reflected in the next month’s invoice.
4.5 Charges will cease on the month following the removal of the item.
4.6 Any queries relating to invoices must be raised within ten days of receipt of invoice and if no query is raised within such period, the Customer shall be deemed to have accepted such invoice.
4.7 The company reserves the right to charge interest at the rate of 3% per month above the Bank of England base rate on overdue accounts
4.8 Invoices are payable upon receipt and any requests for extended payment terms must be made in writing.
4.9 Payment is accepted by recurring credit card payment, cheque or bank transfer. All payments made direct to our bank account should be made out to:
Zenkki Ltd
Sort code: 04-06-05
Account number: 14715992
or to such other account as Zenkki may notify to the Customer in writing from time to time.
4.10 Zenkki reserves the right to require that the Customer provide a deposit, bond, guarantee or other such instrument of security in respect of Customers’s payment obligations under this Agreement.
4.11 We reserve the right to charge the cost of repair or replacement to your credit card in the event of unreasonable damage or loss of goods.
5 INDEMNITY
5.1 The Customer shall indemnify Zenkki in respect of:
5.1.1 all and any third party claims in connection with or arising out of the use or possession of the Goods by the Customer together with all costs and expenses relating thereto;
5.1.2 all loss or damage to the Goods that may occur during the Hire (fair wear and tear excepted)
5.1.3 The obligations of the Customer under this Clause 5 shall survive the termination of this Agreement.
6 WARRANTIES AND LIABILITY
6.1 The Customer acknowledges that Zenkki is not the manufacturer of the Goods and that accordingly Zenkki gives no warranty or guarantee as to the quality of the Goods, their fitness for purpose or otherwise. Zenkki shall, where possible, assign to the Customer the benefit of any warranty or guarantee given by the manufacturer or supplier of the Goods to Zenkki.
6.1 Zenkki warrants that:
6.2 it is the beneficial owner of the Goods and has the authority to enter into this Agreement in respect of the Goods; and
6.2.2 unless identified specifically as being of a Contract standard, all Goods comply with the current Regulations for Domestic use only.
6.3 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
6.4 The following provisions set out the entire liability of Zenkki (including any liability for the acts and omissions of its employee’s agents or sub-contractors) to the Customer in respect of:
6.4.1 any breach of its contractual obligations arising under this Agreement; and
6.4.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.
6.5 The Supplier's liability to the Client for:
6.5.1 death or injury or liability therefore resulting from the Supplier's own or its employees', agents' or sub-contractors' negligence; and
6.5.2 all damage or liability incurred by the Client as a result of any fraudulent misrepresentation by the Supplier shall not be limited by any provision of these Conditions.
6.6 Subject to the provisions of Clause 6.4 above Zenkkis’s entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the aggregate of the charges paid by the Customer under this Agreement.
6.7 Subject to Clause 6.4 above Zenkki shall not be liable to the Customer in respect of any Event of Default for any type of:-
6.7.1 special, indirect or consequential loss (even if such loss was reasonably foreseeable or Zenkki had been advised of the possibility of the Customer incurring the same);
6.7.2 loss of profit; and/or
6.7.3 loss of business and/or goods; and/or
6.7.4 loss of contract; and/or
6.7.5 loss of goodwill; and/or
6.7.6 loss of use; and/or
6.7.7 any damage relating to the procurement by the Customer of any substitute services.
6.8 If Zenkki are required to hang prints, mirrors, headboards or any other items that require fixing to the property, it is the Customers’s responsibility to ensure that the appropriate authority is gained from the landlord and to conduct any remedial works necessary to make good upon removal.
7 CONFIDENTIALITY
7.1 It is expressly required, given the sharing of data, expertise, ‘know-how’ and information is an investment between the parties to this Agreement and that a strict code of confidentiality must be maintained. Zenkki undertakes that it shall not divulge any information in respect of the Customer's business including that information within the terms of this Agreement. Similarly, it is a requirement of Zenkki that the Customer may not share with or disclose to any other parties any information in respect of this Agreement.
8 DATA PROTECTION
8.1 We collect information, including your personal data or the personal data of others for the purpose of providing you with our services. We also use this data to administer our business, for forecasting and financial planning purposes and to identify other services that you may be interested in. This data will also be used to manage future communications between ourselves. Where you have agreed, or in circumstances where to do so will be in our mutual interests, your data will be used to provide you with further information about our wider products and services. You can opt out from receiving such communications by emailing hello@zenkki.co.uk.
8.2 We will only use your data for the purpose for which it was collected. We will only grant access to or share your data within our firm with other authorised third parties and where we are entitled to do so by law under lawful data processing.
8.3 The Data Protection Act 2018 provides data subjects with Access Rights that allow subjects to gain an understanding on the data being processed, who we share it with, for what purpose, why we need to retain it and retention periods, to object to the processing and to place restrictions on the processing, to request copies of personal data we are processing about them and to request the deletion of their data personal data. If you require further information on how we process personal data or wish to exercise your rights, please contact us at hello@zenkki.co.uk. Further information is available in our Privacy Policy.
9 INFORMATION WE SHARE AND RECEIVE
You should understand we will share and receive personal data relating to you from / with affiliated companies and other third parties. The sharing of information allows us:
9.1 To process client requests which includes affiliated delivery partners where name, delivery address and contact telephone numbers are shared,
9.2 To market our services when we may use a mailing house to mail brochures etc. providing your name and address,
9.3 To research and analyse our client base to provide the best possible service using past data of when/where and what and how our clients have used our services in the past.
When purchasing our services and depending on your payment method, we may share your personal data with credit reference agencies. This is necessary to safeguard our commercial interests. These checks may use automated decision making technologies that will confirm financial status, place of residence, county court judgements and solvency.
10 GENERAL
10.1 A notice required or permitted to be given by either party to the other under this Agreement shall be in writing, and addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
10.2 No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.3 This Agreement is personal to the Customer who shall not assign his rights or obligations hereunder without the prior consent of Zenkki.
10.4 If any provision of these Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
10.5 The parties to this Agreement do not intend that any terms of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
In the case where a customer sends photographs to the company, the company reserves the right to use the photos on their website and/or social media at any time.
11 LAW
11.1 This Agreement shall, in all respects, be governed by English law and the parties agree to submit any dispute or claim under it to the exclusive jurisdiction of the English Courts.