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HIRE AGREEMENT
NOTE TO CUSTOMERS:
This Agreement is a claim for payment under the Building and Construction Industry Security of Payment Act 1999.
1. Interpretation of Words in this Agreement:
Charges - All of the amount listed in Clause 3.2
Commencement - The latter of the date set out in Schedule 1 hereto on the front page or the time of delivery of the Unit to the Customer.
Our products- The Unit, The shower, The Dual Deluxe.
The Unit - The Trailer, being described as Make “Ensuite”, Model No. VAN04A, Variance VAN, Shape VNT.
The Shower- The Portable Shower
The Dual Deluxe- The Dual Deluxe Toilets, being described as Make "Monome", Model no. TTT, Shape TTT.
Hire Fees – The amount referred to in Clause 3.1.
Hire Period - The period from Commencement until the Unit is returned to the Hirer.
NOTE TO CUSTOMER : You are responsible for the Unit, The Shower or The Dual Deluxe(whichever is applicable) until:
The Hirer - The Company listed in Schedule 1 of this Agreement.
The Property – The address or location at which the Customer wishes the Hirer to install the Unit.
The Customer – the person hiring the Unit from the Hirer.
2. The Hirer's Obligations
The Hirer will;
2.1 provide the Unit to the Customer clean and in good working order;
2.2 arrange accident damage insurance. That insurance will NOT cover the customer for any deliberate, malicious or negligent damage caused by the customer, members of the customers family, their servants or agents,
2.3 subject to clause 3.2 be responsible for repairing any damage to the Unit caused by the ordinary use of the Unit by the Customer.
2.4 re-supply or repair the Unit if it fails to operate properly;
2.5 collect the Unit within 5 days of being requested to do so by the Customer.
2.6 The Unit will be disinfected and cleaned out by the Hirer on site before removal. Only the Hirer can remove all Electrical leads and any fittings.
3. Payment by the customer to the Hirer
3.1 On or before Commencement (or as provided in any Customer's Credit Application with the Hirer), the Customer will pay the Hire Fees, as set forth in the Schedule.
3.2 Immediately on request by the Hirer, the Customer will pay;
(a) the new list price of any Unit which is for whatever reason not returned to the Hirer (NOTE TO CUSTOMER: You are responsible for loss or theft of the Unit).
(b) all costs incurred in cleaning the Unit, only if the customer has rendered the Unit excessively dirty in the Hirer's reasonable opinion,
(c) the cost of repairing any damage to our products caused by the negligence of the Customer or the Customer's agent, or otherwise arising from any breach of this Agreement by the Customer.
(d) the amount not covered by the insurance referred to in clause 2.2
(e) stamp duties, Goods and Services Tax, any other taxes or duties and all tolls, fines, penalties, levies or charges payable in respect of this Agreement and the hiring,
(f) all costs incurred by the Hirer in delivering and recovering possession of our products,
(g) a late payment fee calculated daily at 10% per month on all unpaid Charges.
(h) any expenses or legal costs (including commission payable to a commercial agent) incurred as a result of the failure of the Customer to pay any Charges when due,
4. Other Obligations of the Customer
The Customer will:
4.1 it is the customers responsibility to ensure that there is enough room for the installation of all our products. If the products are delivered and there is not sufficient room for installation the fee of delivery plus one week hire of thew product will be charged to cover costs.
4.2 satisfy itself at Commencement that our products are suitable for its purposes,
4.3 operate our products safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer's instructions whether supplied by the Hirer or posted on or in our products.
4.4 Indemnify the Hirer for all damage caused to persons and property in relation to our products and its operation and have insurance cover for any legal liabilities incurred as a result of the use of our products.
4.5 ensure that all persons operating our products are suitably instructed in its safe and proper use.
4.6 comply with all occupational health and safety laws relating to our products and its operation.
4.7 fair wear and tear excepted , be absolutely responsible for any damage done to our products whilst in their possession. And additionally must pay for any loss of income associated with downtime while our products are unavailable for rental due to said damage.
The Customer will NOT:
4.8 tamper with, damage or repair our products,
4.9 remove any electrical leads, hose fittings or like accessories from our products at the site of the Customer upon which the Customer has used our products.
4.10 lose possession of our products,
4.11 rely upon any representation relating to our productsor its operation other than those contained in this Agreement,
4.12 dispose of or flush down the toilet of our products any sanitary product.
4.13 move our products nor allow his agent nor any other person to move our products for any reason whatsoever. Should our products need to be moved, or otherwise relocated then the Customer shall notify the Hirer who will within five working days organise and complete the removal or relocation within the property described in the Rental Agreement. The cost of any such relocation shall be at the expense of the customer.
4.14 will not allow the introduction to the plumbing system in our products materials other than water, human waste, soap, shampoo, toilet paper, tissues and detergent. Specifically no sanitary products or like matter shall be introduced to the plumbing system. To do otherwise may block, damage or destroy the Macerator pumping systems within our products. Any costs associated with the repair or replacement of the macerator pump or incidental thereto shall be solely the responsibility of the Customer.
4.15 The Customer will not claim and cannot recover from the Hirer compensation for any damages (including for consequential loss) arising in respect of this Hire Agreement or the hiring or the use of our products.
5. Breach of Hire Agreement by Customer
If the Customer breaches any clause whatsoever of this Agreement, or becomes bankrupt or insolvent or ceases business, then:
5.1 The Hirer shall be entitled to
(a) terminate this Agreement, and/or
(b) sue for recovery of the Charges, and/or
(c) repossess our products(and is authorised to enter the Customer's premises to do so)
5.2 The Customer must pay for any repairs to our products despite Clause 2.4
6. No Warranties
All warranties and conditions are excluded to the full extent permitted by law and the Hirer's only obligation resulting from a breach by it of any condition or warranty is limited to the supplying of our products again or to the repair of our products.
7. Disputes
If a dispute arises relating to this Agreement, the hiring or the use of our products(except in regard to the payment of Charges), the parties agree to negotiate to settle the dispute before any litigation is commenced.
8. Privacy
The Hirer will comply with the National Privacy Principles in all dealings with customers.
9. Notices
Unless otherwise notified and acknowledged in writing, any notice will be sufficiently served if posted to or left at the address set forth in the Schedule.
10. No waiver or variation of the terms of this Agreement shall be of any effect unless and until the same has been duly acknowledged in writing by both the Parties hereto.
11. The Hirer reserves the right to sub-hire any other companies services to service our clients/hiree if any or all of our products are out on hire.
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Terms & Conditions
