Dealer Terms | copy-of-elsecarantiq

Dealer Terms and Conditions

1. Licence Fees.

(a) Stands/Cabinets are to be let for a licence period of one month with one months notice required to be given.

(b) One months licence fee plus one months deposit in advance before occupation with future payment to be paid by standing order monthly in advance.

2. Commission Charges.

For payments we take on your behalf there is no charge.

3. Insurance.

Elsecar Antique Centre (EAC) is responsible for public liability insurance but is not responsible for insurance of the contents of the occupants stands/cabinet. The occupier brings articles into the centre entirely at their own risk and it is strongly recommended that they insure the contents of their own stand/cabinet.

4. Occupiers Undertakings

(a) Strictly no reproduction or new goods.

(b) The Occupier is to exhibit for sale by retail only such antiques of a nature as shall be consistent with the carrying on of an antiques centre, and to carry on the business hereof in a business like manner. The owner reserves the right to exclude any article which in its absolute discretion it considers to be unsuitable for sale within the premises.

(c) The Occupier shall at all times display a substantial stock of items suitable for carrying on the business and undertakes that the stand/cabinet shall be kept in a clean and tidy condition at all times.

(d) All articles sold by the Occupier shall comply with any representations given by the occupier and must be labelled with an accurate description and price details and any details of damage or restoration. Dealer number (plus stock code if required) together with trade discount if applicable.

(e) The Occupier shall not do or permit or suffer anything to be done in the said building or any part thereof which may be or become a nuisance to the Owners or other occupiers or their servants, customers or visitors.

(f) The Occupier shall not at any time exceed the area designated as his stand/cabinet and in particular shall not obstruct the passageway around the said stand/cabinet nor physically alter in any way the stand/cabinet without the consent of the owner.

(g) The Owner at all times reserves the right to refuse admission to the premises to any person or persons whatsoever in his absolute discretion.

4. Occupiers Undertakings cont.

(i) The Occupier is to indemnify and keep indemnified the Owner from and against any and all loss, damage or liability (whether criminal or civil) suffered and legal costs incurred by the Owner resulting from a breach of these terms and conditions by the Occupier including

(i) Any act or default of the Occupiers employees or agents

(ii) Breaches resulting in any successful claim by a third party.

5. General.

(a) Not to impede in any way the Owner or its offices, servants, agents in the exercise of the Owners rights of possession or control of the premises and every part of the premises.

(b) This licence does not create a relationship of landlord and tenant between the Owner and Occupier and possession and control of the premises and out buildings generally shall at all times remain vested in the Owner and the Occupier shall not have any estate of interest in them or in any part of them.

(d) The licence shall determine on 24 hours notice given by the Owner at any time following any breach by the Occupier of its obligations contained in clauses 2 and 4 or for any other reason at the reasonable discretion of the Owner.

(e) Any notice to be served on either of the parties by the other shall be deemed to have been received by the addressee within 48 hours of posting or at the time of delivery if hand delivered.

(f) The Owner reserves the right to move any stand/cabinet to any part of the premises which they in their absolute discretion deem fit.

(g) The failure by either party to enforce at any time or for any period any one of more of the terms and conditions of this licence shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this licence.

(h) The Owners reserve the right to dispose of any goods left on the stand/cabinet after the expiration of this licence.

(i) Each party acknowledges that these terms and conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by other or its employees or agents.

6. Exclusion of Liability.

The Owner shall not be liable to the Occupier nor shall the Occupier have any claim against the Owner in respect of:

(a) Any interruption in any of the services supplied to the premises or any part thereof by reason of the carrying out of works of repair or maintenance of the installations or apparatus or damage thereof by fire, water, Act of God or other cause beyond the Owners control or by reason of mechanical or other defect or breakdown or frost or other inclement conditions or unavoidable shortage of fuels, materials, water or labour or by any reason of their servants.

(b) Loss or destruction of or damage to stock whilst in the premises by fire, storm, theft or malicious persons.