Terms & Conditions of Hire
1.1 This Agreement is made between the
Company and the Hirer whereby the Company agree to let to the Hirer
and the Hirer agrees to take on hire the Goods described overleaf
on the terms set out below and overleaf for the period specified
overleaf commencing on the date of this Agreement.
1.2 The laws of England shall apply to this Agreement.
2.1 The Hirer shall pay the security
deposit at the commencement of this agreement.
2.2 The Hirer shall pay the installation fee as per the terms of this agreement.
2.3 The Hirer shall pay to the company the First Rental when the equipment is delivered.
2.4 The Hirer shall make punctual payment (without previous demand) to the Company of all Rentals shown overleaf by their due dates and pay all other sums payable under this Agreement without deduction, counterclaim or set-off to the Company by Direct Debit. Prompt payment is of the essence of this agreement. Any payments made by post shall be at the Hirer's risk.
3. Use and maintenance of the goods
3.1 The Hirer must ensure that the
equipment is are used in a skilful and proper manner in accordance
with the manufacturer's recommendation.
3.2 The Hirer must maintain the equipment in good order and condition, at the Hirer's expense. The Hirer is responsible for all loss or damage to the Goods, except for any due to fair wear and tear, even if caused by acts or events outside the Hirer's control. The Hirer shall be responsible for replacing consumable items, such as, but not limited to LCD lamps and filters.
3.3 Except with the prior written consent of the Company, the Hirer shall not remove the equipment from the address given as the address of the Hirer as set out on the front of this agreement.
3.4 The Hirer may not permit any lien to arise over the equipment or use the equipment as security for any of the Hirer's obligations.
3.5 The Hirer must allow the Company or their agents access to inspect the equipment at any time and to affix nameplates to them.
3.6 The Hirer may not sell or part with possession of the Goods except for the purpose of their maintenance or repair.
4. Ownership of the equipment
4.1 The equipment shall remain the Company's property at all times and the Hirer shall have no right or interest in the Goods otherwise than as a bailee.
5. Insurance of the goods
5.1 The Hirer indemnifies the Company
against any loss or damage to the equipment and against any loss,
damage or injury caused by the equipment (except for any caused by
the Company's own negligence) in so far as it is not covered by
insurance of the equipment.
5.2 The Hirer must insure and keep the equipment insured under a fully comprehensive policy at the Hirer's expense to their full replacement value with a reputable insurer chosen by the Hirer, with the Company's consent, which consent may not be unreasonably withheld. Insurance must include cover against the risk of loss or damage by fire, theft, accident and other risks, including third party risks, as are normally insured against in the case of equipment of the type to which this Agreement relates.
5.3 The Hirer must have the Company's interest noted on the policy. The Hirer will produce to the Company on demand evidence of the insurance cover and of the payments of premiums under the insurance policy.
5.4 The Hirer must notify the Company promptly of any loss of or damage to the equipment and hold any insurance monies received by the Hirer in trust for the Company.
5.5 The Hirer irrevocably authorises the Company to negotiate with the insurers to settle any insurance claim and to receive the insurance moneys.
5.6 Any loss of or damage to the equipment shall not affect the continuance of this Agreement.
5.7 If the Hirer fails to pay any insurance premium the Company may, but shall not be obliged to, pay the same and the Hirer will reimburse the Company on demand.
6. Termination of Agreement
6.1 At the end of the minimum Hire Period,
this agreement will terminate, but only if the Hirer has given at
least 90 days notice to the Company of his desire to terminate. In
the absence of such notice, the hire will continue for a further
period of 12-months on the terms and conditions herein set out and
after the expiry of that 12-month period, the hire will continue
indefinitely until the expiry of 90 days notice from the Hirer of
his desire to terminate. Upon termination the Hirer shall forthwith
return the equipment to the company.
6.2 The Hirers intention to terminate must be sent by first class post to Associated Industries Limited, at its current address.
7.1 The Hirer shall be in default of and
the Company shall be entitled to terminate this Agreement with
immediate effect if the Hirer:
7.1.1 breaks any of the terms of this Agreement;
7.1.2 allows any distress or execution to be levied against any of its assets or the Goods;
7.1.3 petitions for bankruptcy or suffers a bankruptcy petition to be presented against the Hirer;
7.1.4 enters into or takes steps to enter into a composition with creditors or calls a meeting of creditors;
7.1.5 in Scotland, becomes insolvent or suffers sequestration or a receiver, judicial factor or trustee is appointed over any of the Hirer's estate or effects or arrestment, charge, pounding or diligence to be issued or levied on any of the Hirer's estate or effects or suffers any exercise or threatened exercise of a landlord's hypothec.
7.2 On the happening of any event referred to in Clause 7.1, the Company may, after sending a default notice:-
7.2.1 end this Agreement;
7.2.2 repossess the equipment and under an order of the Court or with the Hirer's consent given at that time enter any premises where the Goods are or are believed to be; and
7.2.3 recover from the Hirer:-
(a) all arrears of Rentals, interest and other sums payable under this agreement up to the date of termination; and
(b) all costs and expenses incurred in repossessing, repairing, storing, insuring and selling the Goods, delivering them to a buyer and any sales commission paid in connection with their sale; and
(c) as compensation, and/or liquidated damages for breach of this agreement, a sum equal to the aggregate of all Rentals which would, but for termination of this Agreement, have become due and payable under this Agreement from the date of termination to the date of expiry of the minimum Hire Period less a discount for accelerated payment calculated at the rate of 5% on each Rental from the date of termination to the dates on which the Rental would have become payable but for termination, less the net proceeds of sale of the equipment, if repossessed and sold or their value as determined by the Company, if not sold.
8. Expenses and default interest
8.1 The Hirer must pay to the Company any
expenses the Company may incur in enforcing its rights under this
8.2 If any sum payable under this Agreement is not paid by its due date, without prejudice to the Company' other rights, the Company may require the Hirer to pay to it default interest at the rate of [5%] above Finance House Base Rate from time to time, from the due date of payment until such sum is received by the Company.
9. Acknowledgement and exclusions
The Company do not make or give any representation, warranty, stipulation or undertaking, express or implied, written or oral whether by statute, common law or otherwise in respect of the Goods other than the conditions and warranties which are incapable of exclusion at law.
10.1 Any notice under this Agreement may
be given by delivery, post or facsimile addressed to the relevant
party at such party's address stated in this Agreement or such
party's last known address or facsimile number. Notices sent by
first-class post shall be deemed to have been received 48 hours
after posting, and notices sent by facsimile on dispatch.
10.2 Either party shall immediately notify the other of a change of his address.
10.3 The Company may assign their rights and transfer their obligations under this Agreement but not so as to affect any provision of this Agreement or any of the Hirer's rights to his detriment. The Hirer may not assign his rights.
10.4 Where more than one person has signed this Agreement as the Hirer, each shall be jointly and severally liable for the Hirer's obligations and liability under this Agreement. This means that each of the Hirers can be made fully liable for the other Hirer's indebtedness to the Company under this Agreement.
10.5 No relaxation or indulgence which the Company may grant the Hirer shall affect the Company' rights under this Agreement.
IMPORTANT - YOU SHOULD READ THIS CAREFULLY:
The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, the Company cannot enforce the agreement against you without a court order.
If you would like to know more about the protection and remedies provided under the Act, you should contact either your local Trading Standard Department or your nearest Citizens' Advice Bureau.