Terms and Conditions
TERMS AND CONDITIONS OF EQUIPMENT RENTAL AGREEMENT
“Lessor” means IROCO Design Limited.
“Lessee” means individual person, company, firm, corporation to whom Lessor provides rental of Equipment.
“Equipment” means any items, decoration, goods, products owned by Lessor.
“Order” means the instruction containing the quantity and the specific items that Lessee has ordered from Lessor for the rental of these Equipment, which includes the rate and the length of the rental duration.
“Leased Equipment” means Equipment that is not brand new and has been leased previously.
“Lease Charges” means each article of Equipment leased at the rate mutually agreed by the Lessor and Lessee.
“HKSAR” means the Hong Kong Special Administrative Region.
“Show” means any use of Leased Equipment of a minimum of one day and a maximum of 7 days.
“Total Payment” means the 100% upfront payment for the leased furniture which shall be payable upon confirmation of the order.
“Normal Working Hours” means Monday to Friday, from 8.00 a.m. to 8.00 p.m.
THE TERMS AND CONDITIONS OF THE EQUIPMENT RENTAL AGREEMENT (“Agreement”) here below stated, made between Lessor and Lessee, constitute a binding legal document between Lessor and Lessee.
1. ORDER TERMS 1.1 Any Order, which is placed by Lessee, can be made by ways of letter, facsimile, email, telephone or Lessor’s official website shopping cart or whatever feasible means. 1.2 The Order is deemed confirmed or valid provided that Lessee has settled 100% of upfront Total Payment, which is preceded by written confirmation by way of invoice issued by Lessor. 1.3 Order confirmation is subject to the availability of the ordered Equipment. 1.4 Lessor endeavors to make every effort to ensure that the colour on the screen is as close to the real colour as possible. Nevertheless, the Lessor cannot guarantee that the colour is exactly the same as on the item when viewed through a digital image.
2. PAYMENT 2.1 The Total Payment shall be payable prior to the event and no order shall be confirmed until receipt of Total Payment by transferring the full amount due into the bank account of the Lessor. 2.2 The Lease Charges will be charged and calculated per Show. Any rental of Leased Equipment in excess of 7 days will be negotiated as a separate agreement. 2.3 Any delay in the Total Payment prior to the start of the event, for whatever reason, will give rise to the payment of a penalty interest at a rate of 3 % above the prevailing prime rate used by the Hong Kong Shanghai Banking Corporation. All time is chargeable including Saturdays, Sundays and Public Holidays and payable on demand. 2.4 Lessor reserves the right to make changes to pricing and is protected by price rises out of its control such as distributor price rises, new taxes or other similar reasons.
3. DELIVERY AND INSPECTION 3.1 A Delivery and Set Up and Pick Up charge will be confirmed at the time of the Order. Any extra charge, including but not limited to extra labour, set-up or breakdown, will be applied for delivery outside the Normal Working Hours. 3.2 Either the Lessee or his/her representative shall be present at delivery and pickup of the material. In case neither the Lessee nor his/her representatives are present at delivery, the Leased Equipment will be returned to the storage of Lessor. 3.3 Lessor is obliged to supply Lessor with the details of delivery including the address, time, contact name and contact number. Lessor will not be liable for any claims, damages or compensation for failure of delivery owing to the faults or negligence of Lessee including but not limited to providing wrong address. 3.4 Inspection of the delivered Equipment is to be performed upon delivery and the Equipment is deemed to be duly delivered and accepted by the Lessee in good working order unless otherwise raised by the Lessee. Lessor shall sign a confirmation of Delivery of Goods slip on delivery of goods. Any replacement or substitute of the Equipment will be under the discretion of Lessor.
4. WARRANTY OF LESSEE 4.1 Lessee shall, at his own expense, maintain the Leased Equipment and its appurtenances in good repair and operative condition, and return it in such condition to Lessor, ordinary wear and tear resulting from proper use thereof alone expected. 4.2 Lessee warrants using the Leased Equipment in a careful and proper manner. 4.3 Lessee acknowledges that in case of delivery of a multitude of components and that inspection is impossible at pick-up, the final count and inspection is conducted at the storage of Lessor. 4.4 During the rental duration, Lessee will be held responsible for all damages but not exclusively for those which result from improper use, operating error, negligent behavior of the Lessee, incorrect assembly, non-observance of the assembly and connection instructions or changes on the delivered leased object regardless whether the damage of the Leased Equipment was caused by the Lessee or a third party. 4.5 Any breakdown or any unsatisfactory working of the Leased Equipment must be immediately notified to Lessor. Under no circumstances must Lessor repair or attempt to repair the Leased Equipment unless authorized by the Lessor. Lessor must notify Lessee immediately if the Leased Equipment is involved in any accident resulting in damages to the Leased Equipment or to other property, or injury to any person. 4.6 Lessee will be held liable for any malfunctioning or defects of the Leased Equipment found by Lessor within 48 hours of the collection of the Leased Equipment provided that such malfunctioning or defects of the Leased Equipment is/are caused during the rental duration. Lessee shall pay to Lessor the current replacement cost of any repairs necessary to place the Leased Equipment in this condition required by the Agreement. 4.7 Lessee authorizes Lessor, for inspecting, testing, repair or repossessing the Leased Equipment, to enter any land or premises. 4.8 In the case that electricity be required whatsoever, it will be Lessee’s full responsibility to arrange a suitable supply of electricity for use with Leased Equipment. Lessee shall ensure that such use is to comply with and conform to all ordinances and regulations. 4.9 Lessee warrants being solely responsible for arranging for the supply of electricity which may be required with the use of the Leased Equipment and any charges incurred for the use of such.
5. WARRANTY OF LESSOR 6.1 Lessor warrants to adhere to the Order to the best of its capability but any failure to enforce any or all the terms contained herein shall not amount to or be interpreted as a waiver of any rights of Lessor. 5.2 Lessor endeavors to collect the Leased Equipment at the time indicated by Lessee. Under no circumstances should Lessor be liable for any expenses incurred from delay in collecting the Leased Equipment. 5.3 Any failure by Lessor to enforce any or all the Warranty shall not amount to, or be interpreted as, a waiver of any of rights of Lessor.
6. FAILURE TO RETURN/DELAY IN RETURNING If the Lessee fails to return any goods leased by him/her at the end of the agreed leased period, the Lessee shall pay to the Lessor the current replacement cost of the items which have not been returned regardless whether the loss of the Leased Equipment was caused by the Lessee or a third party.
7. CANCELLATION Lessee is entitled to terminate, subject to paying the charges hereunder, the Agreement in writing after reservation and before the commencement of the lease duration. Notice of days to the Lessor Amount to be charged
15 days or more – 25% of the total amount of the Order
6 days to 14 days – 50% of the total amount of the Order
5 days or less – 100% of the total amount of the Order
8. INTELLECTUAL PROPERTY RIGHTS 8.1 Lessor shall always retain all the copyrights, trademark, patent, sole and exclusive proprietary rights in all the leased Equipment. Lessee shall have no right, title or ownership whatsoever to the Leased Equipment. 8.2 All material photos, designs, texts and advertising are property of Lessor. The material may be downloaded but may not be used for commercial purposes, published in magazines and or websites without the consent of Lessor.
9. LIABILITY Lessee shall be liable to Lessor against all the claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable legal costs, arising out of Lessee’s use of the Leased Equipment, including without limitation the possession, use, operation, or return of the Leased Equipment. Lessee shall further indemnify Lessor, and hold Lessor harmless from all loss and damage to the Equipment during the lease period.
10. FORCE MAJEURE In the event of typhoons, black rain, collective actions, riots, official measures and miscellaneous unpredictable and inevitable events exempt Lessor for the duration and in the extent of the interference of his contractual obligations. This applies also if the aforementioned events occur when Lessor is behind schedule. In such cases both contracting parties commit to adapt their respective agreements on the basis of the principle of utmost good faith.
11. DEFAULT 11.1 An event of default shall occur if Lessee fails to pay any Lease Charges or other amount herein provided within 7 days after the same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Agreement, Lessor shall have the right to exercise any one or more of the following remedies: 11.1.1. To declare the entire amount of Lease Charges hereunder immediately due and payable without notice or demand to Lessee; 11.1.2. To sue for and recover all fees, interest or any sums as stipulated in Clause 2.3. 11.1.3. To pursue any other remedy at law or in equity. Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Agreement.
12. CHOICE OF LAW This Agreement is governed by and will be construed in accordance with the laws of Hong Kong and the parties hereto submit to the exclusive jurisdiction of the Hong Kong courts in the determination of any dispute arising under this Agreement.
13. CONFIDENTIALITY Unless required by applicable laws and regulations or authorities, both parties agree to use other party’s confidential information solely for the purpose related to this Agreement, and shall not disclose such information to any third parties without written consent of the other party.
14. ASSIGNMENT Neither party shall have the right to assign the benefit (or transfer the burden) of this Agreement without the written consent of the other party.