Owner rents Hirer and Hirer rents from Owner, the equipment as described on the invoice. Hirer agrees to pay the specified rental charges, monthly in advance by bank transfer, standing order or cheque during the time hereof. Time of payment shall be of the essence.
Hirer agrees to pay both the delivery charge to site and the collection charge from site, in full together with the first month’s rental.
Hirer shall not encumber the rental or the equipment, nor permit the equipment to be removed from the address stated and agreed, nor permit any others to use the equipment without Owner’s written consent.
Hirer agrees to care for the equipment properly, to use it within its rated capacity, restrict its use to Hirer’s qualified personnel, to prohibit anyone other than Owner’s authorised personnel to repair or adjust the equipment and to notify Owner immediately of accidents, disabilities, failures or any like information concerning the equipment. Hirer further agrees to pay for all damage to the equipment resulting from improper use or abuse of the equipment, within the time specified on the repair invoice from Owner. Hirer shall take care of the normal and specific needs of the equipment, including a daily check of its general condition, supplying fuel, checking oil levels and cooling system, topping-up the battery with deionised water and charging correctly. Tyres and forks to be replaced according to wear and Hirer to be invoiced accordingly. Owner will service and maintain the equipment and Hirer agrees to make it available for servicing by Owner at reasonable times during Owner’s business hours.
Hirer agrees that Owner shall not be liable to Hirer, nor the rental be impugned, for Owner’s failure to repair the equipment if disabled, or furnish substitute equipment for any reason whatsoever and Owner in no event shall be liable for special or consequential damage of any nature. Hirer shall not be entitled to make any deductions from the agreed rental in respect of any set-off or counterclaim unless the validity and the amount thereof have been expressly admitted by Owner in writing.
The equipment is rented ex Owner’s depot and Hirer agrees not to remove equipment to any location other than that stated and agreed without prior written consent of Owner.
Hirer agrees at the expiration of the hire to return the equipment to Owner in the same condition as when received by Hirer, reasonable wear and tear excepted.
Hirer assumes all risk and liability for and agrees to indemnify, save and hold Owner harmless from all claims and liens, all loss or damage all to the equipment and all loss, damage, claims, penalties, liability and expenses, including legal fees, howsoever arising or incurred because of the equipment or the storage use or operation thereof. Hirer at its own expense shall carry adequate public liability insurance against bodily injury including death, against theft, against fire and against property damage. Hirer shall keep all equipment insured at its full insurable value against all forms of public liability, notify its insurer that the equipment is the property of Owner, and produce the certificate of insurance to Owner promptly.
If Hirer fails to pay any rental or other sum payable hereunder when due, or if Hirer becomes subject to insolvency, bankruptcy, receivership or similar proceedings, or if Hirer shall default in any term of this rental, Owner may immediately terminate the rental to Hirer and in any such event, it shall be lawful for Owner, its servants, officers, or representatives, to enter upon the premises of Hirer and repossess all items and equipment wherever they may be found. Hirer shall nevertheless remain liable for all sums then due and unpaid plus a reasonable amount of legal fees and such expenses as may be expended in the repossession of the equipment. The remedies provided herein in favour of Owner shall not be deemed exclusive, but shall be cumulative and shall be in addition to all remedies in Owner’s favour.
This is a rental only and nothing conveys to Hirer any right, title or interest in or to the equipment except Hirer.
In the absence of an agreed rental period, Hirer is required to provide one month’s written notice to return the equipment, starting at the end of the current month’s hire.
If any term herein is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.