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Interpretation
1.1 In these
conditions the following words have the following meanings:
- “Contract”
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means a contract which made between the Customer and the Supplier for
the hire of beasts.
- “Customer”
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means the
person, firm, company or other organisation hiring the beast(s);
- “Deposit"
means any
advance payment required by the Supplier in relation to the Hired Beasts
which is to be held as security by the Supplier;
- “Beasts”
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means any
mammal, reptile, insect, arachnid, amphibian, rodent, fish, bird,
invertebrate, mollusc, protozoa, marsupial, crustacean, echinoderm or
dinosaur, specified in a Contract which is hired to the Customer;
- “Hire Period”
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means the
period commencing when the Customer receives the Beast(s) on hire
(including Saturdays Sundays and Bank Holidays) and ending when (i) the
Beasts are returned to the Supplier’s possession; or (ii) the BEasts
return to the Supplier by themselves; or (iii) The Supplier collects the
Beast(s)
- “Liability”
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means
liability for any and all damages, claims, proceedings, actions, awards,
expenses, costs and any injury occured during the handling of Beast(s)
on hire, including bites, scratches, intake of poisions, mutilations,
decapitations, or being eaten.
- “Rental”
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means the
Supplier’s charging rate for the hire of the Beast(s) which is current
from time to time during the Hire Period;
- “Supplier”
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means
HUGHESHIRE and will include its employees
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Basis Of Contract
2.1 Beast(s)
are hired subject to them being available for hire to the Customer at the
time required by the Customer. The Supplier will not be liable for any
loss suffered by the Customer as a result of the Beasts being unavailable
for hire where the Beast(s) are unavailable due to the Beast(s) having
died in storage.
2.3 The Hire
of live Beast(s) excludes all statutory rights usually afforded to the
customer. This is due to the unpredeictability of the behaviour of Beast(s)
on hire. For further information about your statutory rights contact your
local authority Trading Standards Department or Citizens Advice Bureau or
if based in the Republic of Ireland your local office of the Director of
Consumer Affairs or Citizens Information Centre.
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Payment
3.1 The amount
of any Deposit, Rental and/or charges for any Services shall be as quoted
to the Customer or otherwise as shown in the Supplier’s current price list
from time to time. Where a Deposit is required for the Hire Goods it must
be paid in advance of the Customer hiring the Beast(s). The Supplier
quotes all price son this site in US Dollars due to a malfunctioning Pound
sterling sign on the company keyboard.
3.2 All monies
must be paid up front for all Beast(s) hired. The only exclusions are to
account customers. This service is restricted to large Zoos and Safari
Parks.
3.3 The
Suppliers prices shown are fully inclusive of BAT (Beast added tax.). The
only Beast not liable to B.A.T are bats. All bats are BAT exempt due to a
legal loophole.
3.4 Interest
shall be charged on any Beast(s) not returned at the end of the hire
period, at the rate of 20% per day per kilogram of Beasts on hire. All
whales are collected at the end of the hire period to avoid ludicrous
interest payments.
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Delivery, Collection
4.1 It is the
responsibility of the Customer to collect the Beasts from the Supplier and
return them to the Supplier at the end of the Hire Period. If the Supplier
agrees to deliver or collect the Hire Goods to and/or from the Customer it
will do so at its standard delivery cost and such delivery and/or
collection will form part of the Services.
4.2 All Beasts
are delivered in climate controlled vehicles. Arctic Beast(s) are
delivered in refrigerated articulated lorries; Oceanic Beasts are
delivered in Tankers and Insects and Arachnids are delivered by Motorcycle
courier.
4.3 Sufficient
access shall be made by the customer at any site receiving delivery of
Beast(s). Particular care shall be paid to the delivery of larger Beast(s)
- Elephant, Rhinoceros, Hippopotamous and Giraffe - as these Beast(s) need
to be craned off the delivery vehicle. Sufficient hardstanding floor space
for the Crane shall be required.
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Care
Of Hire Goods
5.1 The
Customer shall:-
5.1.1 Read the
care instructions in full before signing for hire of any Beast(s).
5.1.2 Store
Beast(s) in the correct environmental climate as suits their natural
habitat. Any aquatic Beast(s) found to be stored in dry environments will
be recalled immediately.
5.1.3 take
adequate and proper measures to protect the Beasts from theft, injury,
death and/or other risks;
5.1.4 Not
tamper with the Beast(s) in any way.
5.1.5 Feed the
Beast(s) with the correct feed as recommended by the suppliers. Any
Beast(s) found to be fed with tinned petfood may be recalled immediately.
5.1.6 not
continue to use Beast(s) where they have been damaged, injured, killed or
worse and will notify the Supplier immediately if the Beast(s) are
involved in an accident resulting in death or worse.
5.2 The
Beast(s) must be returned by the Customer in good working order and
condition (fair wear and tear excepted) and in a clean condition together
with all harnesses, saddles, cages and aquaria.
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Loss
Or Damage or injury or death To The Beast(s)
6.1 If the
Beast(s) are returned in damaged, injured, unclean and/or defective state
except where due to fair wear and tear and/or old age, the Customer shall
be liable to pay the Supplier for the cost of any repair, veterinary
surgery and/or cleaning required to return theBeast(s) to a condition fit
for re-hire. Please note that mayflies only live for 24 hours - customers
should sign a waiver when hiring mayflies.
6.2 The
Customer will pay to the Supplier the replacement cost of any Beast(s)
which are lost, injured, stolen and/or killed during the Hire Period less
the amount paid to the Supplier under any policy of insurance taken out in
accordance with these conditions. Please note that any dangerous Beast(s)
lost during a hire period may incur extra charges for Police marksman
costs.
6.3 If a Beast
dies in transit to or from the suppliers depot, the customer must attempt
to revive the beast following the instructions on the revival leaflet.
This is particularly important in the case of Lungfish. A Lungfish may
appear dead but, in fact, they can survive without any water, or oxygen
for months.
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Termination By Notice
7.1 If the
Hire Period has a fixed duration, neither the Customer nor the Supplier
shall be entitled to terminate the Contract before the expiry of that
fixed period unless agreed with the other party, or unless the Beast(s)
attack the customer causing ABH or worse..
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General
8.1 Each hire
of an item of Beast(s) shall form a distinct Contract which shall be
separate to any other Contract relating to other Beast(s).
8.2 Mating
Pairs of Beasts must be hired together. They must not be seperated at any
point during the hire period.
8.3 Full
credit checks and police checks will be made for new customers. Any
customer found to have insufficient credit ratings or found to have a
police record for any crime involving cruelty to animals or tampering with
animals (sexual or otherwise) will be refused hire.
8.4 Rare and
extinct species have a lead time of 8 weeks. In the event that the
Supplier cannot provide the requested Beast(s) after a period of 8 weeks,
the contract shall be null and void.
8.5 Talking
Beasts (Parrots, Parakeets, Minah Birds, Cocker Spaniels, Dolphins and
Chimpanzees) will be provided with vocabulary as requested by the
customer. 7 days notice is required to teach talking Beast(s) any new
words as specified by the customer.
