Hire drive agreement
EDC HIRE AGREEMENT:
1) EDC (SCOTLAND) LTD. Herein known as EDC agrees to let and the hirer agrees to take on hire the equipment described in the schedule hereto upon and subject to the terms and conditions set out below.
2) A The hirer shall pay to EDC during the hire period the rentals plus VAT set out in the schedule hereto. EDC reserves the right to charge a minimum rental which is a sum equal to one month’s rental charge of the VSD on hire. The hire period shall commence and the first payment of rental shall be due on delivery of the equipment to the hirer’s premises, or the collection of the equipment from EDC’s premises by or on behalf of the hirer, and shall end on the day the equipment is returned to EDC’s premises during normal working hours, or where the equipment is lost or damaged on the date of EDC being notified of such loss or damage
2) B EDC shall be entitled to vary the rental by giving not less than 28 days’ notice in writing of the variation to the hirer.
2) C The hirer shall, if so required by EDC, pay a deposit not exceeding £200.00 at the commencement of the hire period.
3) A Title in the equipment shall never pass to the hirer and the hirer’s interest in the equipment shall only be and remain that of the hirer.
3) B The hirer shall not agree to sell, offer for sale, assign, manage, charge or sublet the equipment or this agreement or the letting hereunder, nor hold itself out as the owner of the equipment and shall not create or allow to be created any lien or other encumbrance on the equipment.
3) C EDC shall be entitled to assign its interest in this agreement and the equipment whether absolutely or by way of charge and whether wholly or in part to any person.
3) D The hirer shall affix to and maintain upon the equipment such plates or identification marks as EDC shall require showing that the equipment is the property of EDC.
4) Should the hire period extend beyond 6 months, EDC shall be entitled to charge a fee of £100.00 net + vat plus travel costs to attend the hirer’s site to service the drive and ensure it is operating correctly and being maintained by the hirer in a proper manner.
5) As between EDC and the hirer the equipment shall remain personal moveable property and shall continue in the ownership of EDC notwithstanding that the same may have been affixed to any land or building. The hirer shall be responsible for any damage caused to any such land or building by the affixing to or removal there from the equipment (whether the same be affected by EDC or the hirer) and shall indemnify EDC against such claim made in respect of such damage.
6) A The hirer shall, unless otherwise agreed with EDC be responsible for the collection and return of the equipment from and to EDC’s premises.
6) B EDC will, at the request of the hirer, procure delivery of the equipment to the hirer’s premises subject to payment by the hirer of EDC’s charge for delivery.
6) C EDC will use all reasonable endeavours to make the equipment available on the day required by the hirer but shall not be liable for any costs or claims arising as a result of delay.
6) D EDC shall be entitled to make a reservation charge in respect of equipment reserved by the hirers and the hire shall, unless otherwise agreed, be deemed to commence on the reservation date.
6) E The hirer shall not cause or permit the equipment to be removed from the hirer’s possession without the prior written consent of EDC.
6) F EDC shall be entitled to charge the hirer for the non-return of any box or container in which the equipment was supplied.
7) A The hirer shall ensure that the equipment is operated in a skilful and proper manner by persons competent to operate the same and in all respects in accordance with all instructions and any operations manual provided by EDC for the use of the equipment and shall ensure that such directions and instructions are fully understood and will be observed by all persons operating the equipment.
7) B The hirer shall ensure that the equipment will be operated safely and without risk to health and safety and shall comply in all respects with any notices of regulations under the health and safety at work act 1974 or any statutory modifications of re-enactment for the time being thereof.
7) C The hirer shall take all reasonable proper care of the equipment and keep the same in good and serviceable condition (reasonable fair wear and tear expected) and shall indemnify EDC against loss of or damage to the equipment howsoever caused and shall give EDC immediate notice of any such damage.
7) D The hirer shall carry out periodical maintenance inspections and requirements of the equipment prescribed by EDC’s written instructions with all due care in accordance with those instructions and at their recommended time or times.
8) The hirer shall assume the entire risk of damage or loss of the equipment or any part thereof and fully insure against the risk whilst in their possession.
9) EDC or its authorised representatives may enter at all times during normal business hours at any premises to inspect the equipment and upon termination to repossess the equipment.
10) The hirer agrees to indemnify and keep indemnified EDC against all liabilities, actions, claims, damages, costs and demands suffered or incurred by EDC as a result of a claim made by a third party arising out of the state, condition or use of the equipment or in any way out of its hiring hereunder.
11) EDC may terminate this agreement forthwith on giving written notice to the hirer and re-take possession of the equipment in the event of -:
(i) Any material breach of this agreement by the hirer which has not been immediately remedied (if capable of remedy) following a written demand by EDC.
(ii) If any order is made, proceedings are commenced, or a resolution is passed for the liquidation or winding - up of the hirer.
(iii) If a distress or execution is levied against any property of the hirer.
(iv) If a liquidator or receiver or administrator is appointed in respect of the undertaking or any property or asset of the hirer.
(v) If the hirer ceases or threatens to cease to carry on its business or is unable to pay its debts as they fall due or enters in any arrangements with creditors generally.
(vi) If EDC reasonable believes that its rights in the equipment are in jeopardy.
12) Upon the termination of this agreement before the end of the hire period the hirer shall pay to EDC on demand the aggregate of-:
(i) All rentals and other sums due or in arrears at the date of the termination under this
(ii) As agreed damages a sum equal to the aggregate rentals that would have become due hereunder during the minimum period had this agreement not been terminated, less a discount for accelerated payment of 4% per annum compounded on (and at the frequency of) each rental period outstanding.
13) On termination of this agreement for whatever reason the hirer shall immediately return the equipment or make the same available for collection by EDC and shall grant EDC all necessary access to repossess the same.
14) A EDC will either repair or replace in each case free of charge to the hirer any equipment which is found by EDC to be defective or not capable of obtaining the published specification as a result of faulty design, manufacture or workmanship. The hirer shall give EDC written notice of any claim made hereunder as soon as reasonable practicable and in any even within twenty four hours after the alleged defect has come to the hirer’s knowledge. It is expressly agreed between the parties that EDC may be absolved from all liability under this condition if the equipment has been modified in any way by the hirer or if it has been used for any other purpose or in any manner other than that for which it was designed or if it has in any way otherwise been misused.
14) B Subject only to the provisions of paragraph 14A above, all warranties, conditions, representatives or stipulations whether expressed or implied and whether arising hereunder or under any prior agreement or statement or by statute or common law or hereby expressly excluded insofar as the law allows. Specifically (but without imitation) EDC does not accept responsibility for any consequential, indirect or economic loss or damage arising from the hire or use of the vsd.
15) The hires shall pay EDC on demand interest (as well after as before any judgement) on any sums due to EDC under the terms of this agreement calculated from the date on which those sums were due until receipt of the same by an immediately available funds. Interest payable at a rate equal to 5% per annum above Bank of Scotland base rate from time to time.
16) If EDC has supplied equipment on negotiated terms for a hire period, EDC shall, unless otherwise agreed be entitled to payment of all rentals due up to the end of the agreed hire period notwithstanding the earlier return of the equipment to EDC.
17) No indulgence or other relaxation which EDC may from time to time grant to the hirer shall effect any of EDC’s rights hereunder.
18) Any notice to be given under this agreement shall be deemed to be duly served when delivery of it is recorded (in the case of first class recorded delivery post) or when delivered (in the case of personal delivery).
19) This agreement contains all the terms agreed between EDC and the hirer. The hirer has not relied on any representation of warranty by EDC except as expressly stated or referred to in this agreement. No variation of this agreement shall be effective unless it is in writing and signed by or on behalf of EDC.
20) This agreement shall be governed by Scottish Law and the parties hereto submit to the jurisdiction of the Scottish Courts.
21) Addendum - all cabling associated with the installation remains the property of EDC (Scotland) Ltd and should be returned to EDC at the end of the hire period. EDC reserves the right to charge for cabling (in full) which has been lost/ damaged/ is missing as part of the hire agreement.
Signed in agreement by the client………………………………………………………….
Fax back to EDC on 0141 812 7023