The conditions set out below shall apply to the hiring of the equipment more particularly described on page 1 of this document ("the equipment"), owned by the supplied named on page 1 of this document ("the company"), and agreed by the company to be hired to the Hirer named on page 1 of this document ("the hirer"). These conditions shall not be modified, amended, waived in whole or in part, except by written agreement signed by both parties.
1. In consideration of the hire charge more particularly set out on page 1 of this document, received by the company from the hirer, the company agrees to hire the equipment to the hirer and the hirer agrees to take the equipment on hire from the company, subject to the conditions set out in this document.
3. The hire period begins from the time the equipment leaves the company's premises and runs until the equipment is returned or this hire agreement is terminated pursuant to Clause 12 or Clause 13 of this document.
4. The equipment shall be at the risk of the hirer for the whole of the hire period, provided that the company shall not be entitled to make claim against the hirer in respect of fair wear and tear.
5. It is hereby agreed that any person other than the hirer and other than an employee of the company who takes possession of the equipment for the purpose of delivery of the equipment into the possession of the hirer shall be deemed to be the servant or agent of the hirer.
6. At the end of any period of hire in respect of which the company has received payment from the hirer, the hirer will have the option to re-hire the equipment at the same rate of hire. Exercise of this option will be deemed to have been effected upon notification to the Company from the hirer, whichever is earlier. This option will also be deemed to have been exercised if the Company has not received notification of the hirer's intention to terminate the hire at least two days before the completion date of the hire period. The hirer hereby agrees that, in the absence of such notification, the hirer will be charged a further one monthly hire fee by the company in addition to any other charges and / or fees which become payable by the hirer. Any extensions of the hire period shall in all respects, be subject to the conditions of this Agreement as expressed in this document including this option to re-hire the equipment.
7. In the event that the hirer does not wish to exercise the option expressed in paragraph 6 above, the hirer hereby expressly warrants that he / she is aware it remains the hirer's responsibility to ensure the return of the equipment to the company and the hirer shall be responsible for further hire payments at the rate of hire (as well as any other charges which may be applicable) for any period or part thereof that the equipment shall not be redelivered into the possession of the company.
8. The Company may take action as necessary to retake possession of the equipment. Accordingly, the hirer grants the Company or will procure that the Company is granted an irrevocable right and authority to enter at any time on to any place where the equipment is situated or thought to be situated to remove the equipment.
9. The hirer shall: -
a. notify the owner immediately if the equipment is lost or damaged and shall follow any reasonable request by the Company; and
b. take proper and reasonable care of the equipment and return the equipment in good order and condition; and
c. satisfy themselves that the equipment is suitable for the intended use;
d. use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment; and
e. immediately notify the Company by telephone if the equipment breaks down; and
f. except as permitted by the Consumer Guarantees Act 1993, not bring or threaten to bring claim against the Company for loss or damage incurred or threatened against a hirer or arising directly or indirectly from the hirer's use of the equipment; and
g. indemnify the Company against any claim made by any person against the company for any loss suffered or liability incurred arising directly or indirectly out of the hirer's use or possession of the equipment.
10. The hirer warrants that the equipment shall be used in the manner it was designed to be used, and that all persons who use the equipment shall follow any directions from the Company or from the manufacturer of the equipment relating to the use and safety of the equipment, and shall comply with all obligations in relation to the use and control of the equipment and comply with the Health and Safety in Employment Act 1992 and all other relevant legislation.
11. The hirer hereby warrants and undertakes that he / she will, in the event of moving to a new place of residence (or in the case of a company, to a new place of business), notify the company prior to such change, whereupon the company shall have the option to forthwith cancel this agreement and be entitled to immediate redelivery or possession of the equipment
12. The hirer hereby warrants and undertakes that he/ she will not move the equipment from the address of the hirer shown on page 1 of this document for a period in excess of seventy two (72) hours without having first obtained the consent of the Company, in writing, prior to moving said equipment.
13. This agreement to hire may be terminated by the Company at any time by notice in writing posted to the address of the hirer shown on page 1 of this document. The Company shall be entitled to retake possession of the equipment immediately upon delivery of such notice in writing. In the event of the cancellation of this agreement by the Company pursuant to this paragraph, the Company will undertake to refund, on a pro rata basis, such proportion of the periodic hire rates as shall apply to the unused period of hire.
14. In the event of the hirer being in default of payment of any hire charges, any other charges or fees or any condition hereof, the Company shall be entitled to retake possession of the equipment. In the event of the cancellation by the Company of this agreement pursuant to this paragraph, the hirer shall forfeit to the company any hire charges with respect to any unused period of hire.
15. The Company shall be entitled to retain out of any deposit paid by the hirer such amounts as the Company may, in its discretion, decide shall be sufficient to compensate the Company for any loss, damage or inconvenience occasioned to the equipment or the Company pursuant to this agreement.
16. The minimum period of hire shall be ten (10) weeks, unless otherwise expressly agreed by the Company.
17. In the event of (i) the hirer being in default in payment of any hire charges (ii) equipment is returned in a damaged condition which is not the same as to the condition at the time of possession to the hirer fair wear and tear expected or (iii) the equipment is destroyed, stolen or permanently removed then in such case or cases the hirer expressly agrees to pay all charges, all and any costs of repair or the full retail replacement cost of the equipment, and the Company is hereby authorised to sue the hirer's Credit Card Debit authority to pay all amounts due under this agreement and the hirer agrees that such amounts will be charged to that Credit Card Account.
a. Hire of equipment may create a security interest in the equipment. If so, the provisions of the Clause 19 have the meaning given in the Personal Property Securities Act 1999 and section references are references to sections of the Personal Property Securities Act 1999.
b. On the request of the Company, the hirer shall promptly execute any documents, provide all necessary information and do anything else required by the Company to ensure that the security interest created under this contract constitutes a perfected security interest in the equipment and the proceeds which will have priority over all other security interests in the equipment.
c. The hirer will pay to the Company all fees and expenses incurred by the Company in relation to the filing of a financing statement in connection with this contract.
d. The hirer agrees that nothing in sections 133 and 134 of the Personal Properties Securities Act 1999 applies to this contract.
e. To the extent they are applicable to the hirer, the hirer waives the hirer's rights to:
i. Receive a Notice under Sections 114 (1)(a)
ii. Receive a statement of accounts under Section 116
iii. Receive a surplus distributed under Section 117
iv. Recover any surplus under Section 119
v. Receive notice of any proposal of the Company to retain the collateral under Section 120 (2)
vi. Object to any proposal of the Company to retain collateral under section 121
vii. Not have goods damaged in the event that the Company was to remove an accession under Section 125
viii. Receive notice of the removal of an accession under Section 123
ix. Apply to the court for an order concerning the removal of an accession under Section 131
x. Redeem collateral under Section 132
xi. Receive a copy of any verification statement.
19. Except where the Company is in breach of a Guarantee in terms of the Consumer Guarantees Act 1993, the hirer in entering into this contract acknowledges that in all other circumstances whatsoever, the Company shall not be liable for direct or consequential damage, loss or expense whatsoever and however arising (whether in contract or in tort) including that resulting from the negligence of the Company or arising by operation of law and whether suffered by the hirer and / or third party for any amount that exceeds the amount actually paid by the hirer to the Company pursuant to this contract.
20. If the hirer is acquiring the services for the purpose of a business as defined in the Consumer Guarantees Act 1993, the provisions of the Act do not apply
21. If the hirer is not an individual, the person who signs this contract on behalf of the hirer warrants that they have authority to bind the hirer and will, in any event, be personally liable for the performance of the obligations of the hirer.
22. If there shall be any inconsistency between these terms and the provisions of the Consumer Guarantees Act 1993, then the provisions of the Consumer Guarantees Act shall prevail.