TERMS AND CONDITIONS OF HIRE
1. OWNERSHIP OF THE GOODS
THIS IS A HIRE AGREEMENT. THE GOODS WILL REMAIN OUR PROPERTY AT ALL TIMES AND MUST NOT BE SOLD OR DISPOSED OF
2. PERIOD OF HIRE
THE GOODS ARE ON HIRE UNTIL THE END OF THE MINIMUM HIRE PERIOD STATED OR UNTIL THE EXPIRY OF NOTICE GIVEN UNDER CLAUSE 11, WHICHEVER IS THE LATER
3. CONDI[TION OF GOODS
BY ACCEPTING THE GOODS THE HIRER ACKNOWLEDGES THAT THE GOODS HAVE BEEN EXAMINED BY THE HIRER AND THE HIRER IS SATISFIED THAT THEY ARE IN GOOD ORDER AND CONDITION.
4.PAYMENTS
BEFORE OR ON DELIVERY THE ADVANCE RENTAL SHOWN ON THE AGREEMENT MUST HAVE BEEN PAID AND THE SUBSEQUENT PAYMENTS MUST BE PAID ON THE SPECIFIED DATES TO US OR TO ANY PERSON OR ADDRESS NOTIFIED BY US IN WRITING. PUNCTUAL PAYMENT IS ESSENTIAL. IF PAYMENT IS MADE BY POST THE HIRER DOES SO AT THEIR OWN RISK
5. VARIATIONS OF RENTALS
WE RESERVE THE RIGHT TO VARY THE RENTALS PAYABLE AFTER THE END OF THE MINIMUM HIRE PERIOD BY GIVING ONE MONTHS NOTICE IN WRITING EXPIRING AT OR AFTER THE END OF THAT PERIOD
6. FAILURE TO PAY ON TIME
WE RESERVE THE RIGHT TO CHARGE INTEREST AT THE RATE OF 3% ABOVE BARCLAYS BANK BASE RATE PER ANNUM ON ALL OVERDUE PAYMENTS UNDER THIS AGREEMENT. THIS INTEREST WILL BE CALCULATED ON A DAILY BASIS FROM THE DATE THE AMOUNT FALLS DUE UNTIL IT IS RECEIVED AND WILL RUN BOTH BEFORE AND AFTER ANY JUDGEMENT.
7. PLACE WHERE GOODS ARE KEPT
THE GOODS MUST BE KEPT SAFELY AT THE ADDRESS NOTIFIED TO US AT THE COMMENCEMENT OF HIRE AND MUST NOT BE MOVED ELSEWHERE WITHOUT FIRST OBTAINING OUR WRITTEN CONSENT AND PROVIDED OUR CARRIERS ARE USED AND ALL THE DELIVERY CHARGES ARE PAID BY THE HIRER.
8. CARE OF THE GOODS
THE GOODS MUST BE USED IN A CAREFUL AND PROPER MANNER AND NOTHING MUST BE DONE WHICH MAY CAUSE DAMAGE TO THE GOODS
9. INSURANCE AGAINST LOSS OR DAMAGE
THE HIRER IS RESPONSIBLE FOR ALL LOSS OR DAMAGE OF THE GOODS (EXCEPT FAIR WEAR AND TEAR) EVEN IF CAUSED BY ACTS OR EVENTS OUTSIDE THE HIRER S CONTROL. THE GOODS MUST BE PROPERLY INSURED AGAINST LOSS OR DAMAGE AND WE WILL REQUIRE EVIDENCE OF COVER.
10. MAINTENANCE
(A) THE GOODS MUST BE MAINTAINED IN GOOD WORKING ORDER AND CONDITION AND ALL MISSING DAMAGED OR BROKEN PARTS MUST BE REPLACED WITH PARTS OF EQUAL QUALITY IN A PROPER AND WORKMANLIKE MANNER TO OUR REASONABLE SATISFACTION. (B) ACCESS MUST BE ALLOWED TO OURSELVES OR TO OUR DULY AUTHORISED REPRESENTATIVE AT LEAST ONCE IN EVERY 6 MONTH PERIOD AT REASONABLE TIMES ON NOTICE FOR THE PURPOSE OF TUNING AND EXAMINING THE STATE OF THE CONDITION OF THE GOODS. THE COST OF TUNING IS THE RESPONSIBILITY OF THE HIRER AT THE TIME OF TUNING ANY APPOINTMENT FOR TUNING IS CHARGEABLE UNLESS CANCELLED AT LEAST 24 HOURS BEFORE THE APPOINTMENT
11. RIGHT TO END THE AGREEMENT
THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY GIVING ONE MONTH S NOTICE IN WRITING EXPIRING AT OR AFTER THE END OF THE HIRE PERIOD THE GOODS MUST BE AVAILABLE FOR COLLECTION BY US AT REASONABLE TIMES
12. OUR FURTHER RIGHT TO END THE AGREEMENT
THIS AGREEMENT MAY BE TERMINATED FORTHWITH, IF AT ANY TIME (A) ANY PAYMENT REMAINS OUTSTANDING WITHIN 14 DAYS OF ITS DUE DATE OR THERE IS A BREACH OF OTHER OBLIGATIONS UNDER THIS AGREEMENT; (B) AN ACT OF BANKRUPTCY (SUCH AS FAILING TO PAY A DEBT ORDERED BY A COURT) OR HAVE A RECEIVING ORDER OR A WINDING UP ORDER MADE AGAINST THE HIRER OR THE HIRER MAKES A FORMAL COMPOSITION WITH OR CALLS A MEETING OF CREDITORS OTHER THAN FOR THE PURPOSES OF AMALGAMATION OR RECONSTRUCTION; (C) EXECUTION IS LEVIED OR ATTEMPTED AGAINST ANY OF THE HIRER S ASSETS OR INCOME, (D) THE LANDLORD OF THE PREMISES WHERE THE GOODS ARE KEPT, THREATENS OR TAKES ANY STEP TO DISTRAIN ON THE GOODS, (E) THE HIRER HAS GIVEN FALSE INFORMATION IN CONNECTION WITH THE ENTRY INTO THIS AGREEMENT; (F) THE GOODS ARE DESTROYED OR THE INSURERS TREAT A CLAIM UNDER THE POLICY FOR THE GOODS ON A TOTAL LOSS BASIS.
13. THE HIRER'S LIABILITY IF WE END THE AGREEMENT
IF WE END THIS AGREEMENT THE HIRER MUST PAY US ALL RENTALS UP TO DATE WHEN THIS AGREEMENT
COMES TO AN END. IF THIS AGREEMENT IS TERMINATED UNDER CLAUSE 12 BEFORE THE EXPIRY
OF THE MINIMUM HIRE PERIOD THE HIRER MUST ALSO PAY A SUM EQUAL TO THE RENTALS FOR
THE PERIOD REMAINING TO THE END OF THE MINIMUM HIRE PERIOD LESS ANY RENTALS OBTAINED
BY US DURING THIS PERIOD BY RE-
14.EXPENSES
THE HIRER MUST REPAY ON DEMAND OUR EXPENSES AND LEGAL COSTS FOR: (A) FINDING THE ADDRESS OF THE GOODS IF CHANGED WITHOUT CONSENT. (B) TAKING STEPS, INCLUDING COURT ACTION, TO RECOVER THE GOODS OR TO OBTAIN PAYMENT FOR THEM FOR ARREARS OF RENTAL BREACH OF ANY OF THE HIRER S OBLIGATIONS UNDER THIS AGREEMENT.
15. GENERAL PROVISIONS
(A) THE WORD GOODS INCLUDES ANY REPLACEMENTS, RENEWALS OR ADDITIONS MADE TO THEM BY US OR BY THE HIRER WITH OUR PRIOR WRITTEN CONSENT. (B) NO RELAXATION OR INDULGENCE WHICH WE MAY GRANT TO THE HIRER SHALL AFFECT OUR STRICT RIGHTS UNDER THIS AGREEMENT. C) WHERE TWO OR MORE ARE NAMED AS THE HIRER, THE LIABILITY UNDER THIS AGREEMENT WILL BE JOINT AND SEVERAL. D) WE MAY TRANSFER OUR RIGHTS UNDER THIS AGREEMENT. (E) ANY NOTICE REQUIRED OR PERMITTED UNDER THIS AGREEMENT WILL BE DEEMED TO HAVE ARRIVED IF POSTED IN A PREPARED FIRST CLASS ENVELOPE WITHIN 48 HOURS ADDRESSED TO THE PLACE WHERE THE GOODS ARE TO BE KEPT OR THE HIRER S REGISTERED OFFICE ADDRESS
16. WHEN THIS AGREEMENT TAKES EFFECT
THIS AGREEMENT WILL TAKE EFFECT ONCE SIGNED BY THE HIRER