equipment hire agreement
This equipment hire agreement for the day of hire
between:
Susan Hooper of 36 Jerrys Lane, Erdington, Birmingham B23 5NX
(the “Owner”)
OF THE FIRST PART
– AND –
The hirer
OF THE SECOND PART
(the Owner and Hirer are collectively the “Parties”)
IN CONSIDERATION OF the mutual covenants and promises in this agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the Equipment to the Hirer, and the Hirer leases the Equipment from the Owner on the following terms:
- Definitions The following definitions are used but not otherwise defined in this Agreement:
- “Casualty Value” means the market value of the Equipment at the end of the hire or when in relation to Total Loss, the market value of the Equipment would have had at the end of the Hire but for the Total Loss.
- “Equipment” means any of the items listed on the web site that is available for hire which has various values of up to £1,500
- “Total Loss” means any loss of damage that is not repairable or that would cost more to repair than the market value of the Equipment.
- Lease The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set out in the Agreement.
- Term The Agreement commences on the day of the event until the end agreed between the Owner and Hirer.
- Rent The rent of the Equipment will be set out in the order. The deposit will be paid before the hire can be confirmed. If the term starts within 14 days of the hire, the full amount will be paid in full. Any remainder will be paid prior to the Hirer taking possession of the Equipment in cash on the day of the term.
- Delivery of Equipment The Owner will, deliver the Equipment to the Hirers desired venue at your event if the venue is within the Birmingham, Walsall, Wolverhampton and Solihull areas. There is a standard delivery fee of £12 to cover the cost of dropping equipment off and picking it back up. If any equipment is required where a member of staff will remain with it, the delivery charge is waivered.
- Use of Equipment The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or government respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
- The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
- Unless the Hirer obtains prior written consent of the Owner, the Hirer will not altered, modified or attach anything to the Equipment and thereby damaging the functional capabilities or economic value of the Equipment.
- Warranties The Equipment will be in good working order and good condition upon delivery.
- The Equipment is of merchantable quality and is fit for the purposes it was ordinarily used.
- Loss and Damage To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage and destruction to the Equipment from and and every cause.
- If the Equipment is lost of damaged, the Hirer will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
- In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment.
- Ownership, Right to Lease and Quiet Enjoyment The Equipment is the property of the Owner and will remain the property of the Owner
- The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
- The Owner warrants that the Owner has the right to lease the Equipment according to the terms of this Agreement.
- Surrender At the end of the Term or upon earlier termination of the Agreement, the Hirer will make the Equipment available to pick up at the venue. If the Hirer fails to make the Equipment available for pick up, the Hirer will pay to the Owner any further Rent until the Equipment is recovered plus 10% of the Casualty Value.
- Indemnity The Hirer will indemnify and hold harmless the Owner against and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys fess and costs, arising out of or related to the Hirer’s use of the Equipment.
- Default The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement.
- The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.
- Any damage caused to any Equipment.
- Remedies On the occurrence of an Event of Default, the owner will be Entitled to pursue any one or more of the following remedies (the “Remedies”)
- Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
- Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
- Take possession of the Equipment, without demand or notice, wherever any same may be located, without any court order or other process of law.
- Terminate this Agreement immediately upon written notice to the Hirer.
- Pursue any other remedy available in law or equity.
- Payment All pound amounts in this Agreement refer to pounds sterling, and all payments required to be paid under this Agreement will be paid in Pound Sterling unless the Parties agree otherwise.
- General Terms This Agreement may be executed in counterparts, Facsimile signatures and checking the Hire Terms Agreement via the web site are binding and are considered to original signatures.
- Notice to Hirer NOTICE TO THE HIRER: This is a lease. You are not buying the Equipment. Do not Agree to this Agreement before your read it. You are entitled to a complete copy of this Agreement after agreeing.
