HOUSE PARTY SUPPLIES KENYA LIMITED (the Company) agrees to allow the person, firm, organisation or company noted in the Schedule (the Customer) the short term use of the party product(s) (the Product(s)) listed in the Schedule and available at the Company’s store located on the first floor at the Waterfront Mall in Karen (the Store) subject to the following terms and conditions:
1. In consideration of the Company allowing the Customer the use of the Product(s) for the period of rental specified in the Schedule (the Term), the Customer agrees to:
- Pay to the Company a sum equal to 75% of the full replacement value of the Product(s) provided in the Schedule as a security deposit (the Deposit) against breach, loss or damage beyond fair wear and tear, which Deposit shall be refunded to the Customer following return to the Company of the Product(s) and inspection of the same but subject to any deduction in respect of any damage beyond normal wear and tear caused to the Product(s) or any amounts due to the Company and unpaid by the Customer under this Agreement.
- Pay to the Company the rental due as provided in the Schedule (the Rental).
- Collect the Product(s) from the Store on the date scheduled for collection and return the Product(s) to the Store on the date scheduled for return.
- At the end of the Term, where any amounts payable to the Company exceed the Deposit, pay to the Company the net amount on the date of return of the Product(s). This shall apply for all liabilities to the Company including any excess of damages over and above the Deposit paid.
- Pay to the Company the cost to the Company of any damages to the Product(s) or deterioration of the Product(s) beyond normal wear and tear caused by the Customer due to accident, negligence, overuse or misuse, etc.
2. This Agreement is for the duration of the Term only and any extension to it shall be made by the Company in writing at the Store. In the event an extension of the Term is agreed by the Company, pay to the Company additional Rental due in respect of any agreed extension to the Term at the rate specified in the Schedule.
3. Risk in the Product(s) shall pass to the Customer upon collection of the Products from the Store into the care and control of the Customer and shall cease when the Product(s) is delivered back to the Store into the care and control of the Company.
4. In the unfortunate event where remedial of the Product(s) is deemed necessary by the Company, the Company may assess the full extent of damage and submit a schedule of the remedial costs involved to the Customer. The Company's decision regarding assessment of damage will be final and the Company shall have the right to commence with any remedial work necessary within 2 days of submission of its quote/invoice, whether or not the Customer accepted the quote/invoice.
5. It is hereby agreed by the Customer that if for any reason whatsoever the Product(s) is not returned to the Company within seven (7) days of the date scheduled for return (Delayed Return Period) then the Company shall upon expiry of the Delayed Return Period be entitled to retain the Deposit as liquidated damages for the breach of this Agreement by the Customer and the Product(s) shall thereafter be considered sold to the Customer provided always that the Company shall be entitled to charge the penalty set out in the Schedule for every day the Customer fails to return the Product(s), which penalty shall be paid to the Company on the date of return (if such return is made before expiry of the Delayed Return Period).
6. The Product(s) shall comprise only the item(s) specified in the Schedule. The Company does not undertake to provide any additional tools, dies, drawings or specifications etc. The supply of any such additional materials or information shall be at the discretion of the Company and may be at extra cost subject to quotation.
7. This Agreement is not an offer by the Company to sell the Product(s) to the Customer. Title in the Product(s) shall always remain vested in the Company unless considered sold in accordance with Clause 7 above.
8. The Customer hereby acknowledges that any payment made by the Customer to the Company in respect of the Product(s) by way of mobile money, credit card or debit card shall attract a surcharge of 3%.
9. In cases of dispute the standard terms and conditions of sale of the Company shall apply subject only to amendments in accordance with this Agreement.
10. This Agreement shall be governed and construed in accordance with the laws of Kenya.