Terms and Conditions of Hire

  1. You, the Hirer, are entering into a Contract with Morris Angel & Son Limited, Angels, for the hire of costumes and accessories, Costumes.
  2. These are the terms & conditions of the Contract. These and all relevant written correspondence relating to specific terms & conditions about the Contract, form the entire Contract between us. Any other terms & conditions that you use yourself, do not apply.
  3. These terms & conditions can only be changed if we both agree and the changes are put in writing by Angels.
  4. The Period of Hire begins immediately the Costumes are ready for you to collect at our premises. The Period of Hire ends when everything you have hired, is returned to our premises. All Hire Charges are quoted based on a weekly hire period.
  5. Our charges are based on the purpose for which the Costumes are hired and the Period of Hire. We will charge you up to an additional 30% of our standard charges if you use the Costumes for another purpose unless we have written to you allowing this before you do it.
  6. You are responsible for the Costumes all the time they are not in our premises. You must let us know where the Costumes are at all times. You must take good care of the Costumes and keep them in your possession throughout the Hire Period and any extension. You are liable for all loss or damage caused to the Costumes in their full replacement cost or value whichever is the higher. You must tell us in writing of any loss of or damage to the Costumes without delay and you will pay to Angels the full cost of the replacement or repair of the Costumes. We will assess the charges in our absolute and unfettered discretion and our decision will be final and binding on the Hirer in the absence of manifest error. You may not alter or modify the Costumes in any way.

    In the event that a specified replacement valuation is given at the time of the hire, the Hirer shall pay this figure if the specified Costumes are damaged such that a reasonable repair will not return them to their original condition or they are not returned.
  7. If the Costumes are held beyond the agreed Period of Hire, they remain in your possession without our consent. We will charge you for this as well as for any damages for breach of this Contract if this causes loss to Angels.
  8. You can only use our Costumes for the specified production in the professional entertainment industry that you told us about. You cannot use our Costumes for any other purpose without our prior written permission. You cannot let anyone else use the costumes.
  9. Unless agreed otherwise you will pay all charges arising out of this Contract before you take the Costumes. You will pay other invoices for additional charges within the date specified on each invoice. If you do not pay our invoices on this basis we will charge you interest on a daily basis at an annual rate of 4% above the Royal Bank of Scotland base lending rate for sterling from the due date and as well after as before any judgement until actual payment.
  10. As well as the hire and other charges the Hirer will pay a deposit of 20% of the total Contract value before the costumes leave our premises. At the end of the Contract a charge of 4% of the total Contract value will be taken from this deposit for dry cleaning and laundering the Costumes. You may not arrange cleaning yourself unless we have agreed this in writing. We can use the deposit to pay for anything else you owe us; examples of this are extension of hire period, unpaid invoices or for damage to and replacement of Costumes.
  11. Angels will use all reasonable efforts to ensure the Costumes are supplied clean and in a wearable condition. The Hirer must notify us of any damage or discrepancy within 24 hours of receiving the Costumes. Failure to notify us means that you have accepted the Costumes in the quantity and condition in which they were received.
  12. All carriage clearance charges import export duties or taxes and any charges relating to the transportation of the Costumes and their return to Angels will be paid by the Hirer even if arrangements for the delivery are made by us on your behalf. You are responsible for the delivery of the Costumes from and to Angels and we shall not be responsible for any delay or non-delivery due to the default of the carriers even if arrangements for the delivery are made by us on your behalf. The Hirer acknowledges that the carrier does not act as agent for Angels.
  13. You will arrange and pay for the Costumes to be insured to their full replacement cost or value whichever is the higher and in an amount not less than the value we have indicated. You will keep them insured on this basis for all the time the Costumes are away from our premises; this time includes transit to and from Angels and any extension of hire period. All monies paid out by the insurers or the damaging party in a claim belong to Angels and you will make up any shortfall between the monies paid out and the replacement charges.
  14. Title in the Costumes never passes to the Hirer and the Hirer holds the Costumes as Angels' bailees; the Hirer shall keep the Costumes separate from those of the Hirer and third parties and properly stored and protected. The Costumes remain the property of Angels at all times and the Hirer has no right or interest in them and shall never do or permit to be done any act which might prejudice or jeopardise the rights of Angels in the Costumes. If the Costumes are sold to the Hirer by written agreement title passes from Angels to the Hirer when the purchase price and all monies owing by the Hirer to Angels in relation to the Costumes being purchased are paid in full.
  15. Angels shall not in any way be liable for any loss arising directly or indirectly from non-delivery or delay in delivery caused by events over which we have no control including but not limited to, act of God or the Queen's enemies, invasion, exceptionally inclement weather, strikes whether official or unofficial, lock-outs, riots or civil commotion, prohibitions imposed by Law or any Government or competent Authority, acts of terrorism neglect or default on the part of carriers of the Costumes.
  16. Angels shall not be liable for indirect or consequential loss or damage or loss of profit or loss of business resulting from delay in or failure of delivery or however otherwise caused.
  17. Our maximum aggregate liability to the Hirer under this Contract shall be limited to £10,000 or the amount of the total Hire charges under this Contract whichever is the greater. Nothing in these Terms shall exclude any liability in respect of death or personal injury resulting from our negligence.
  18. Unless it is for the designated filming purposes notified to us before making the Contract or for any authorised purpose ancillary or related to such specified purpose, you may not copy or duplicate either physically, electronically or digitally any item of the Costumes so that they appear simultaneously or otherwise more than once. If you do this, you will pay additional charges based on the standard hire charge for each item of the Costumes and the number of copies or duplications made by you.
  19. You acknowledge that the copyright design right and all intellectual property rights in each item of the Costumes remain vested in Angels and by virtue of this Contract you shall have a non-exclusive licence to use each item of the Costumes for the specified designated purpose and during the Hire Period or for any authorised purpose ancillary or related to such specified designated purpose and for no other purpose or use.
  20. Where suppliers are credited on screen in titles, a credit of similar appearance and prominence shall be displayed for Angels using the following words: "Angels The Costumiers" but we will waive this requirement if no suppliers are given credit in any of the titles of the production.
  21. If you cancel the Contract before we despatch the Costumes you will pay in full a cancellation charge. The cancellation charge will not be more than the anticipated hire charges or purchase price.
  22. This Contract will immediately terminate without notice if you:-
    • - do not pay any sums due to Angels and you do not immediately rectify this when it is brought to your attention.
    • - materially, or in the case of minor breaches, persistently fail to observe and perform the terms of this Contract and where remedy is practicable you fail to remedy such breach within 14 days of demand; or
    • - suffer any distress or execution to be levied against you or make or proposes to make any arrangement with your creditors or, being a Company, go into receivership administrative receivership or liquidation (other than a membersí voluntary liquidation for reconstruction purposes) or undergo equivalent procedure in another jurisdiction; or
    • - do or cause to be done or permit or suffer any act or thing whereby our rights in the Costumes may be prejudiced.
    If this Contract is terminated under this Clause, we will be entitled to retake possession of the Costumes and for that purpose you grant us license to enter into any premises where the Costumes may be.
  23. The termination of the Contract under Clause 21 does not affect our right to recover from you any monies due under this Contract or damages for breach of this Contract. You shall become immediately liable to pay us an amount comprising the aggregate of:
    • - all arrears of Hire charges and other monies accrued due and unpaid under the Contract
    • - any costs and expenses incurred by Angels in locating, repossessing, recovering or restoring the Costumes or collecting any payments due under these Conditions
    • - all losses or damage to the Costumes.
  24. Any notice or other communication to any party shall be in writing. A written notice includes a notice by facsimile, electronic mail or other electronic means of transmission
  25. The rights of Angels shall not be prejudiced or restricted by any indulgence or forbearance extended to the Hirer and no waiver of any breach shall operate as a waiver of any other breach of the same or any other term of the Contract
  26. This Contract is deemed to have been made in England and is governed by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts as regards any claim, dispute or matter arising out of or relating to this Contract.