Equipment Hire Agreement
Overview of Terms and Conditions
1.1 The Owner
Shall mean GYM2YOU LIMITED
1.2 The Renter
Shall mean the Company entering into the Hire Agreement
1.3 The Hire Start Date
Shall mean the date of agreement or the date of delivery of the Equipment whichever is the latter
1.4 The Hire End Date
Shall mean the date upon the expiry of the Rental Period or the agreed date of collection by the Owner of the Equipment subject to any agreed extensions in accordance with clause 4.2 below.
1.5 The Rental Period
Shall mean the agreed period of weeks from the date of the Agreement
1.6 Rental Rate
Shall mean the amount of payable as agreed and detailed in the Agreement payable in advance from the date of the agreement throughout the Rental Period until the Hire End Date
1.7 The Equipment
Shall mean the list of equipment as agreed in advance and detailed on the Agreement
1.8 Delivery Costs
Shall mean the amount payable upon delivery of the Equipment as detailed in the Agreement
1.9 Additional Charges
Shall mean the additional charges applied for extras requested or required by the Owner or the Renter for example, floor protection mats or installation costs as detailed in clause 3.6 below.
1.10 The Agreement
Shall mean the agreement entered into by the Owner and the Renter in accordance with these terms and conditions.
2.1 The Owner agrees to lease to the Renter the Equipment for the Rental Period in accordance with the terms of the Agreement.
2.2 The Renter acknowledges that they do not own the Equipment and have no rights over the Equipment other than those provided for in the Agreement.
2.3 The Renter shall not encumber the Equipment in any way.
2.4 During the Rental Period the Renter will ensure that there is adequate insurance covering the equipment against loss and damage for the full replacement value and will name the Owner as the loss payee.
2.5 The Owner may terminate the Agreement early should the Renter breach any of the terms of the Agreement or for any reason they shall require giving one weeks notice.
2.6 The Renter may terminate the Agreement early requiring the Owner to collect the Equipment as soon as reasonably practicable.
2.7 The Renter shall not be entitled to any refund of Rental Rate paid in advance on early termination at the Renter’s request. The Owner may at its absolute discretion offer a reduction on any future Rental Rates on early termination by the Owner in view of the circumstances.
3.1 The Renter agrees to pay the Rental Rate upon commencement of the Agreement. Should the Renter and the Owner agree for a payment plan to be put in place the Rental Rate shall be paid in weekly instalments.
3.2 Should the Renter fail to make payments of the Rental Rate the Owner is entitled to terminate the Agreement immediately and recover from the Renter all Equipment from the agreed premises.
3.3 Should the Renter fail to make payments of the Rental Rate the Owner is entitled to apply interest to the Rental Rate at a rate of 5% per annum accrued at a daily rate.
3.4 The Renter agrees to pay all reasonable legal costs and any other fees and or losses incurred as a result of the Renter’s failure to pay the Rental Rate and or the recovery of any outstanding amounts due under the Agreement and the recovery of the Equipment.
3.5 The Delivery Costs shall be paid by the Renter to the Owner upon delivery of the Equipment to the agreed location.
3.6 Any Additional Charges shall be agreed upon between the Owner and the Renter in advance of the Agreement becoming binding ans shall be detailed in the Agreement.
3.7 A deposit as agreed in advance and detailed in the Agreement is to be paid by the Renter to the Owner for the Equipment. This shall be returned to the Renter on the return of the Equipment provided that it is in good repair in accordance with clause 5 of the Agreement.
4.1 The Renter shall not remove the Equipment from the agreed address of the Renter as defined above without prior written approval of the Owner. The Renter will immediately inform the Owner upon demand of the location of the equipment and shall cover any additional recovery costs incurred as a result of the Equipment not being retained at the Renter’s address.
4.2.1 The Renter shall confirm to the Owner in writing prior to the Hire End Date any requirement for an extension to the Rental Period.
4.2.2 Any extension granted by the Owner must be in writing and shall not be unreasonably refused.
4.2.3 The Owner shall not agree to any extension if the Rental Rate is in arrears or there are any amounts outstanding under the Agreement.
4.2.4 Any extension granted shall be on the same terms as the Agreement.
4.2.5 Agreed extension periods are to be recorded in Schedule 1 to the Agreement.
4.3 The Owner makes no warranty of any kind regarding the Equipment except that the Owner shall replace the Equipment with identical or similar equipment if the Equipment fails to operate in accordance with the manufacturers specifications and operation instructions. Such replacement shall be made as soon as is practicable after the Renter returns the non-conforming equipment.
4.4 Before using the Equipment, the Renter must read the Equipment’s user manual, operational instructions and safety instructions set by the manufacturer and ensure that anyone using the Equipment during the Rental Period has also read such instructions.
4.5 The Renter must at all times use the Equipment in accordance with the manufacturers specifications and operation instructions, including any requirement to seek medical advice before using the Equipment and only for the use it was intended. The Owner is not liable for any injury or harm that comes to the Renter as a result of their failure to use the Equipment in line with such specifications and instructions.
4.6 The Renter will, for the full Rental Period and for as long as the Renter has possession of the Equipment ensure that they take out and maintain at their own expense comprehensive general liability insurance against claims for bodily injury including death and property damage or loss as a result of using the Equipment. Such insurance should be in the joint names of the Renter and the Owner to ensure that the Owner is also protected from liability
4.7 Upon written demand the Renter will produce to the Owner the full policy details of the required insurance as detailed in clause 4.6 above.
5.1 The Owner warrants that the Equipment will be in good working order upon the commencement of the Rental Period
5.2 The Renter shall keep and maintain the Equipment during the Rental Period at their own cost to the standard as it was provided to the Renter by the Owner.
5.3 If the Equipment is not in good repair, appearance and condition when it is returned to the Owner the Owner may make such repairs or may cause such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance and condition, normal and reasonable wear and tear expected. The Owner will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Renter written notice of an invoices for the said repairs. Upon the receipt of such invoices, the Renter will immediately reimburse the Owner for the actual expense of those repairs.
5.4 If the Equipment is subject of a manufacturer’s warranty, the Renter may enforce any such warranty to effect the repairs.
5.5 Other than with the prior written consent of the Owner, the Renter will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
5.6 To the extent permitted by law, the Renter will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
5.7 If the Equipment is lost or damaged the Renter will continue to pay the Rent and will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable effect such repairs.
5.8 In the event of total loss the Renter will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Rental Period.
6.1 The Agreement shall constitute the entire agreement between the Parties and any prior understanding or representation of any kind preceding the date of the Agreement will not be binding on either party except to the extent incorporated in the Agreement.
NOTICE TO RENTER
This is a LEASE. You are not buying the Equipment. Do not sign this agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.
THE AGREEMENT SHALL BE ENTERED INTO AS A DEED BY THE PARTIES THERETO.