1.1 This agreement (“Agreement”) is entered into in consideration of the mutual promises and covenants set out herein, including evidence of the existence of the Insurance Policies (as defined in clause 9.6 below), and in consideration of £1 paid by each party to the other, the receipt and adequacy of which is hereby acknowledged.
2.1 Hi-Ten LTD (“Hi-Ten LTD”) shall hire to the Client the equipment (“Equipment”) as detailed in the Quote provided to the Client, in accordance with the dates set out in the Quote (“Hire Period”) or as otherwise agreed in writing.
2.2 All costs of collection and/or delivery of the Equipment shall be met by the Client.
2.3 The Client’s Nominated Representative for liaising and coordinating with Hi-Ten LTD in respect of this Agreement shall be as set out in the Quote.
3.1 The cost of the hire of the Equipment is set out in the Quote. The Quote is based on the information provided by the Client prior to the date of this Agreement.
3.2 The Client shall pay Hi-Ten LTD the Quote by bank transfer using the information provided by Hi-Ten LTD, on or prior to the collection of the Equipment. Hi-Ten LTD reserves the right to accept payment in full within 30 days at Hi-Ten LTD’s sole discretion. No cash payments will be accepted. Late payments will incur interest at 10% above the base rate of the Royal Bank of Scotland or the Bank of England, whichever is higher, from time to time calculated from the due date until payment is made.
3.3 All payments are exclusive of VAT. VAT invoices will be issued by Hi-Ten LTD.
3.4 Payments must be made in full without any deductions unless required by law.
4.1 The Client must confirm any changes to the Equipment and/or Hire Period in writing as soon as possible.
4.2 If changes result in an increased Quote or amended Hire Period or Payment Schedule, the Client must pay any increase within 24 hours of notification. The Agreement will be amended accordingly upon receipt of payment.
4.3 Cancellations within 24 hours prior to the Hire Period will require full payment of the Quote.
4.4 Cancellations after the commencement of the Hire Period are non-refundable, and any outstanding amounts must be paid immediately. Additional verifiable costs incurred by Hi-Ten LTD may also be charged.
5.1 Hi-Ten LTD will make the Equipment available for collection upon approval of the Client’s identification, from the location set out in the Quote.
5.2 Equipment will be available for collection from 1500hrs on the business day prior to the Hire Period.
5.3 The Client has to inspect the equipment on collection and notify Hi-Ten LTD of any defects or damage. If defect or damage is found, Hi-Ten LTD will repair or replace the Equipment. If the equipment cannot be repaired or replaced by Hi-Ten LTD, then Hi-Ten LTD will provide a discounted service for the rental in question. If no notice is received within this period, the Equipment is deemed accepted.
5.4 If the Client does not report any defects or damage upon first inspection, the Client will assume full responsibility for any defects or damage subsequently discovered. The Client will be liable for all costs associated with the repair or replacement of the Equipment and additionally any ‘loss of hire.
5.5 In case of dispute over a defect, an independent expert may be appointed to arbitrate. Costs may be assigned based on the expert’s decision.
6.1 The Client must protect the health and safety of all persons using the Equipment and implement a suitable health and safety policy.
6.2 The Client is responsible for obtaining and correctly installing any additional materials necessary for safe use of the Equipment.
7.1 Hi-Ten LTD warrants that:
8.1 The Client warrants that:
8.2 The Client will indemnify Hi-Ten LTD against any liability arising from the Client’s breach of warranties.
9.1 The Equipment remains Hi-Ten LTD’s property.
9.2 The Client assumes risk upon taking possession of the Equipment.
9.3 Hi-Ten LTD is not liable for:
9.4 Hi-Ten LTD’s liability is limited to the Quote amount paid, except in cases of death, personal injury, or fraud.
9.5 Hi-Ten LTD is not responsible for failure to fulfil obligations due to circumstances beyond its control.
9.6 The Client must obtain insurance for the Equipment and loss of hire, covering replacement value and a minimum of 8 weeks’ loss of hire.
9.7 The Client must purchase insurance from a reputable third party and provide evidence of said insurance to Hi-Ten LTD.
9.8 When third-party insurance is purchased:
10.1 Hi-Ten LTD may terminate the Agreement if the Client:
10.2 Upon termination:
11.1 Neither party is liable for failure to perform obligations due to circumstances beyond their control.
12.1 No delay or failure in exercising rights under this Agreement constitutes a waiver.
12.2 Rights and remedies are cumulative and not exclusive.
12.3 Neither party may assign or transfer rights under this Agreement without the other’s consent.
12.4 Notices must be in writing and delivered by hand, post, or email.
12.5 Headings do not affect interpretation.
12.6 Invalid provisions do not affect the validity of the remaining terms.
12.7 Third parties have no rights to enforce this Agreement.
12.8 The Agreement does not create an agency, partnership, or joint venture.
13.1 This Agreement is governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction.
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Hi-Ten Ltd Hire Agreement Terms & Conditions.
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