Definitions
The owner means NWR Hygiene Group of 33a Number One Industrial Estate, Consett, Co. Durham, DH8 6SZ.
The hirer means the customer referred to overleaf, though where the hirer is more than one person (eg. a partnership) all obligations under this contract are joint and several obligations. The units mean any machines, equipment or other items hired by the owner to the hirer.
It is hereby agreed as follows:
1. The owner hereby hires to the hirer the units set out on the face of this document upon the terms and subject to the conditions hereafter appearing.
Contract Period
2. The hiring of the units will occur on the commencement date and shall continue for the contract period (unless terminated – see clauses 5-10). It will then be renewed, indefinitely until the hirer gives the owner three months prior written notice to terminate the agreement on the anniversary of the commencement date.
Invoicing/Price Increase
3. The hirer shall, during the continuance of the hiring, pay the owner, (without previous demand), by way of rent of the price per units per annum plus V.A.T. Payment of the agreed charge will be due when the invoice is rendered or from the date on which the service is first provided.
4. The Total Price per Annum stated overleaf may be increased on the anniversary of the commencement date by a percentage. The percentage during the period of the initial contract hire period will not exceed the annual rate of inflation as shown in the Retail Prices Index (R.P.I).
Termination
5. If the hirer is not a Limited Company then termination of this contract is covered by the Consumer Credit Act 1974.
6. In the event of the removal of the units from the premises the hirer shall be responsible for all costs, claims and demands in respect to the reinstatement of the premises.
7. The hirer, during the continuance of the hiring, shall not sell or offer for sale, lend, assign, pledge, underlet or otherwise deal with or part with possession of the units and shall not remove the units from their premises without obtaining the owners prior written consent.
8. The units shall at all times remain the property of the owner and the hirer shall have no right to the units other than as hirer. The termination of the hiring constituted by this agreement shall not affect any right of the owner or liabilities of the hirer subsisting at the date of termination.
9. The owner reserves the right to terminate this agreement, at any time, by notice in writing to the hirer. Upon termination of this agreement for any reason; the hirer shall no longer be in possession of the units with the owner’s consent. The owner, or its authorised representatives, may, at any time after such termination, without notice, retake possession of the Equipment and for such purpose enter upon any premises belonging to or in the occupation or control of the hirer.
10. If the hirer shall fail to pay the rental or other sums payable under the agreement on the due date (whether demanded or not) the owner may charge interest on the rental at the rate of 2% per month. Such interest will run from the due date until payment whether before or after judgement or if the hirer shall commit a breach of the other terms and conditions whether express or implied of this agreement and the owner may thereupon or at any time within thereafter by notice in writing to the hirer for all purposes forthwith terminate this hire agreement.
Repair and Maintenance
11. Upon any fault occurring to the units or if for any reason the units become a health or safety hazard, the hirer shall immediately inform the owner who shall without delay repair or replace the units free of charge as soon as reasonably practicable PROVIDED THAT the hirer shall keep the owner indemnified against any loss suffered as a result of damage caused to the Units by negligence, vandalism or wilful misuse of the units or by failure to notify the owner in accordance with this clause.
12. The hirer shall permit the owner and his/her employees at all reasonable times to have access to the units for the purposes of inspection, repair or maintaining the units.
Insurance
13. The hirer shall during the continuance of the hiring keep the units insured with an Insurance Company of good repute or with Lloyds Underwriters against loss or damage from all risks (including fire, theft and vandalism). The hirer shall notify its insurers that the units are on hire from the owner and request the Insurers to endorse a note of such interest on the Policy of Insurance naming the owner as loss payee. The hirer shall indemnify the owner against any loss or damage to the units not recoverable under the Policy of Insurance.
14. The hirer shall be solely responsible for and hold the owner fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by the owner as a result of any act or omission involving the units (other than death or personal injury resulting from the negligence of the owner, his/her employees or agents).
Warranties
15. The owner does not hire the units to the hirer subject to any condition of warranty express, implied or statutory in connection with the fitness for any purpose or age of the units and conditions or warranties are hereby expressly excluded in so far as permitted by statute (save for the owners liability for death or personal injury caused by the negligence of the owner, its employees or agents). The owner will not be responsible for any liability, claim, loss, damage or expenses of any kind caused directly or indirectly by the units or their use.
16. Although the owner will use all reasonable endeavours to discharge its obligations under this agreement in a prompt and efficient manner, he/she does not accept responsibility for any failure or delay caused by circumstances beyond its control.
17. The owner shall be free to assign the benefit of this agreement to any person, firm or company.
18. If the owner is to provide any services in respect of the units details of which are set out overleaf, than the Terms and Conditions covering those services are deemed to be incorporated into this agreement. Copies of those conditions can be obtained from the owners’ registered office on written request.
19. These conditions, the details set out overleaf and the details of the services referred to in Condition 18, form the entire agreement between parties.
20. No forbearance, indulgence or relaxation on the part of the owner shown or granted to the hirer in respect of any of the provisions of this agreement shall in any way affect, diminish, restrict or prejudice the rights or powers of the owners under this agreement or operate as or to be deemed to be a waiver of any breach by the hirer of the terms and conditions of this agreement.
21. The hirer hereby waives all and any future claims and rights of set-off against any installment of rental or any payment due here under or otherwise and agrees to pay the rental and other amounts here under or otherwise regardless or any equity, set-off or cross claim on the part of the hirer against the owner.
22. Any notice here under shall be in writing and may be served by sending it by facsimile copy or pre-paid first class letter post or delivery to the address stated herein, and in any other case the last known address of the addressee.
23. Given the low value involved in each transaction, both parties agree that it is not practical to obtain signatures for services performed and therefore the customer that the computerised records, kept by NWR Hygiene Group, or service provided, will be adequate proof of service.
24. This hire agreement shall be governed by and construed in accordance with the Laws of England.