Terms and Conditions of Hire
These Terms and Conditions (“Conditions”) apply to all hire agreements between Strings Centre Limited (company no. 16344239), trading as Bass Bags, whose registered office is at Park House, Park Road, Ripley, Derbyshire, DE5 3EF (“Company”, “we”, “our”, or “us”), and any person, firm, company, or organisation hiring goods from us (“Customer”, “you”, or “your”).
By placing an order for hire, you agree to be bound by these Conditions.
1. Definitions
- “Goods” means the musical instruments, accessories, cases, or other equipment supplied on hire.
- “Hire Period” means the period from delivery or collection of the Goods until return and acceptance by us in accordance with clause 3.4.
- “Charges” means the hire fees payable by you as agreed in writing at the time of order.
- “Deposit” means any refundable sum taken as security against loss or damage.
- “Contract” means the hire agreement between us and you incorporating these Conditions.
2. Formation of Contract
2.1 A Contract is formed when we confirm your hire order in writing (including by email).
2.2 These Conditions apply to the exclusion of any other terms unless expressly agreed in writing by a director of the Company.
3. Delivery, Collection and Risk
3.1 Delivery is arranged using our own staff and vehicles due to the delicate nature of the instruments. Delivery is treated as a separate service from the hire of Goods and is agreed with you in advance.
3.2 By requesting delivery, you expressly agree that the delivery service will be carried out before the end of the statutory 14-day cancellation period. Once delivery has been completed, the delivery charge is non-refundable, even if you cancel the hire within the cooling-off period.
3.3 Failed Delivery or Collection. It is your responsibility to ensure that someone is available at the agreed delivery or collection address and time. If we are unable to complete delivery or collection because no one is present, or the Goods are not available for collection, we reserve the right to charge an additional fee for a repeat delivery or collection. This fee will reflect our reasonable costs incurred, including staff time and mileage.
3.4 Risk in the Goods passes to you upon delivery or collection. Goods are only regarded as “returned” once they have been received, inspected, and formally accepted by us. Until such acceptance, you remain responsible for the Goods.
3.5 Ownership of the Goods. This Contract is strictly a hire agreement. It is not, and shall not be construed as, a hire purchase, conditional sale, credit agreement, or any other arrangement under which ownership of the Goods could pass to you. The Goods always remain the sole property of the Company. You shall have no right, title, or interest in the Goods other than the right to possess and use them during the Hire Period in accordance with these Conditions. Ownership will only transfer if a separate written sales agreement is entered into and paid for in full.
4. Use of the Goods
4.1 You agree to:
- use the Goods only for their intended purpose;
- keep them in your possession and control;
- not lend, sub-hire, or otherwise permit third parties to use the Goods without our written consent;
- not take the Goods outside mainland Great Britain without our prior written consent;
- not modify, repair, or alter them without our consent; and
- return them in the same condition (fair wear and tear excepted).
4.2 You must comply with all applicable laws, regulations, and statutory provisions relating to the use of the Goods. We accept no liability for consequences arising from your failure to comply.
5. Charges and Payment
5.1 Hire Charges are payable as agreed at the time of order. Charges are based on the full agreed Hire Period, regardless of whether or not the Goods are used.
5.2 Unless otherwise stated, all Charges are inclusive of VAT.
5.3 We may require a Deposit which may be up to the full replacement value of the Goods. We may also require prepayment of the full hire charge before delivery.
5.4 Any Deposit will be refundable upon safe return of the Goods, less any deductions for damage, loss, or unpaid charges.
5.5 Late return may incur additional daily charges at the standard weekly rate divided by seven.
5.6 Business-to-consumer (B2C) hires. Unless otherwise agreed, B2C hires are open-ended and run on a rolling monthly basis until terminated in accordance with these Conditions. We will issue an invoice each month in advance. Invoices are normally issued approximately one month before the hire period to which they relate. Payment is due no later than the day before the start of the relevant hire period. Hire must therefore always be paid in advance and not in arrears.
5.7 Business-to-business (B2B) hires. Unless otherwise agreed, B2B hires are on a fixed-term basis. The full hire charge for the agreed hire period is payable in advance.
5.8 Late payment and recovery costs. If you fail to make any payment when due, we may charge interest on the overdue amount at 4% per annum above the Bank of England base rate (or the statutory rate if higher for business-to-business customers), from the due date until payment is made in full. We may also recover our reasonable costs of recovering payment, including debt collection agency fees, legal costs, and court fees.
6. Refunds, Cancellations and Early Returns
6.1 Cooling-off period (Consumers only). If you are a consumer and cancel within 14 days of receiving the Goods, you will receive a refund of any hire charges paid in advance, less:
- a proportionate amount for the period you had use of the Goods; and
- any non-refundable delivery charges in accordance with clause 3.2.
6.2 After the 14-day cooling-off period, no refunds will be given for early return of Goods before the end of the agreed Hire Period, including any minimum hire period stated at the time of order.
6.3 Delivery charges are non-refundable once delivery has taken place.
6.4 If you cancel before delivery/collection, we may charge a reasonable cancellation fee to cover costs incurred.
7. Care, Damage and Loss
7.1 You are responsible for the Goods during the Hire Period and must take reasonable care to prevent loss or damage.
7.2 You must notify us of any damage, defect, or failure within 24 hours of occurrence, and confirm in writing within 3 days. Failure to do so may result in you being held liable for repair or replacement costs.
7.3 You are liable for the full cost of repair or replacement (up to the replacement value of the Goods) unless damage is due to fair wear and tear.
7.4 Any Deposit may be applied towards repair or replacement costs.
7.5 Loss or Theft. If you fail to return the Goods when required, we may treat the Goods as lost or stolen. In such circumstances you will be liable to pay us the full replacement value of the Goods in addition to any outstanding hire charges and our reasonable costs of recovery.
7.6 Instrument Care and Damage Guide. Examples of what constitutes fair wear and tear versus chargeable damage (including case contamination such as tobacco smoke, damp, or mould) are set out in our Instrument Care and Damage Guide, available on our website or on request. This guide is for clarification but does not limit our rights under these Conditions.
8. Insurance
8.1 Unless otherwise agreed, you are responsible for insuring the Goods against “all risks” including loss, theft, or damage during the Hire Period to their full replacement value.
8.2 Proof of insurance may be requested.
9. Our Liability
9.1 Nothing in these Conditions excludes or limits liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law.
9.2 Subject to 9.1, we shall not be liable for:
- loss of profits, business, or indirect/consequential loss; or
- any damage arising from your misuse or unauthorised repair of the Goods.
9.3 Our total liability shall not exceed the total Charges paid under the Contract.
9.4 Goods are supplied in normal working order. Our liability for any defect or failure arising from normal use is limited to rectifying that defect or failure. We accept no liability for delays caused by third-party couriers or carriers.
10. Substitution
If the Goods ordered are not available due to circumstances beyond our control, we reserve the right to substitute Goods of equivalent quality for all or part of the Hire Period.
11. Termination and Repossession
11.1 We may terminate the Contract and require immediate return of the Goods if:
- you fail to pay Charges when due;
- you breach these Conditions; or
- you become insolvent or bankrupt.
11.2 Termination does not affect any accrued rights or remedies.
11.3 If Charges remain unpaid, we reserve the right to repossess the Goods and shall not be liable for any loss you may suffer as a result.
11.4 If we repossess the Goods due to non-payment or breach of these Conditions, you will be liable to reimburse us for our reasonable costs incurred in doing so. Such costs may include, but are not limited to, staff time, travel expenses, legal costs, and the fees of external debt collection agencies or enforcement officers. We will only recover costs that are reasonable and proportionate.
12. Force Majeure
We shall not be liable for any delay or failure to perform our obligations where such delay or failure is due to events beyond our reasonable control, including (without limitation) acts of God, fire, flood, pandemic, industrial action, or transport disruption.
13. Data Protection
13.1 We will process your personal data in accordance with the UK GDPR and Data Protection Act 2018.
13.2 Our Privacy Policy (available on our website) explains how we collect, use, and store your data.
14. Complaints and Dispute Resolution
14.1 We aim to resolve complaints promptly. Please contact us in the first instance.
14.2 If we cannot resolve a complaint, you may be entitled to use an alternative dispute resolution (ADR) scheme. Details are available on request.
14.3 If you booked online, you may also access the European Commission’s Online Dispute Resolution (ODR) platform at http://ec.europa.eu/odr.
15. General
15.1 The Customer is responsible for informing us of the location of the Goods during the Hire Period, and of any change in such location.
15.2 No information or data contained in any catalogue, website, or price list shall form part of the Contract. Such information is provided for general description only.
16. Governing Law and Jurisdiction
These Conditions are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
