Terms and Conditions of hire

Equipment Hire Agreement

This Equipment Hire Agreement (this “agreement”) dated this day  (As email time stamp)

Between:

LC Candy Cartz of 1 Greenwood Place, Steeple Claydon, MK18 2NX

(the “Owner”)

of the first part

And

__________________________ of ________________________________

(the “Hirer”

of the second part

(the owner and the hirer are collectively the parties)

In Consideration Of the mutual covenants and promises in this agreement, the receipt and sufficiency which of consideration is hereby acknowledged,the Owner leases the Equipment to the Hirer, and the Hirer leases the Equipment from the Owner on the following terms:

Definitions

1/ The following definitions are used but not otherwise defined in this Agreement.

1.”Casualty Value” means the market value of the equipment at the end of the term or when in relation to a Total Loss, the market value the equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the equipment.

2.“Equipment” means Candy Cart, Accessories, Gazebo and/or any additional items hired  which has an approximate value of not less than £600.00 and not greater than £1,200.00

3.“Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the equipment.

Lease

2. The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the owner in accordance with the terms set out in this Agreement.

Term

3. The agreement commences on delivery of the Equipment to the Hirers designated location of hire and will continue until collection from said place by the Owner

Rent and Deposit 

4. The rental will be paid in full no less than 10 working days in advance of rental date.

5. The Hirer will pay a returnable deposit of £50.00 per cart upon confirmation of booking, the Owner will refund the deposit to the hirer at the end of the term provided that the hirer has performed all of the hirer’s obligations under this Agreement.

6. Delivery/collection of Equipment 

The Owner will at the the owners risk and for the delivery fees notified on the order, deliver the equipment to the hirers designated location at a time to be specified a minimum of 5 days prior to the event, the owner will collected the equipment from the said location at the end of the rental term at a the pre agreed time.

The hirer will ensure adequate access for delivery and collection of the Equipment

7 Use of Equipment

The Hirer will use the Equipment in a good and careful manner and will comply with all of the Owners requirements and recommendations respecting the Equipment and with any applicable law, whether local or state respecting the use of the Equipment, including but not limited to, environmental and copyright law.

8. The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.

9. Unless The hirer obtains the prior written consent of the owner, the hirer 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.

Warranties

10 The equipment will be in good working order qand good condition upon delivery.

11 The equipment is of merchantable quality and is fit for the purposes it is ordinarily used.

Loss and Damage

12 to the extent permitted by la, the hirerwill be responsible for risk of loss, theft, damage or destruction to the equipment from any and every cause.

13 if the equipment is lost or damaged, the hirer will provide the owner with prompt verbal and written notice of such loss or damage and will if the equipment is repairable, put or cause the equipment to be put in a state of good repair appearance and condition.

14 In the vent of of total loss of the equipment, the hirer will provide the owner with prompt verbal and written notice of such loss and will pay to the owner all unpaid rental fees plus  the casualty value of the equipment within 7 working days, at which point ownership of the equipment shall pass to the hirer.

Ownership, Right to Lease and Quiet Enjoyment

15 The equipment is the property of the owner and will remain the peoperty of the owner.

16 The hirer will not encumber the equipment or allow the equipment to be encumbered or pledge the equipment as security in any manner.

17 The owner warrants that the owner has the right to lease the equipment according to the terms of this agreement.

18 The owner warrants that as long as no Event of Default has occurred, the owner will not disturb the hirers quiet and peaceful possession of the equipment or the hirers unrestricted use of the equipment for the purpose for which the equipment was designed.

Surrender

19 At the end of the term or upon earlier termination of this agreement, the hirer or their third party representative will make the equipment available for pick up at the event address,

If the hirer fails to make the equipment available for pick up, the hirer will pay to the owner any unpaid rental fees, plus the casualty value of the equipment plus 10% of the casualty value, at which point the equipment will pass to the hirer.

Insurance

20 No insurance coverage for the equipment is required under this agreement.

Indemnity

21 The hirer will indemnify and hold harmless the owner against any and all claims including any by third parties, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys fees and costs arising out of or related to the hirers use of the equipment.

Default

22 The occurrence of any one or more of the following events will constitute an event of default (Event of Default) under this Agreement.

1 The hirer fails to pay any amount provided for in this agreement when such amount is due or otherwise breaches the hirers obligation sunder this agreement.

2 The hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of the United Kingdom or another competent jurisdiction.

3 A writ of attachment or execution is levied on the equipment and is not released or satisfied within 10 Days.

Remedies

23 On the occurrence of an event of default, the owner will be entitled to pursue any one or more of the following remedies (the “Remedies”)

1 Declare the entire amount of the rent for the term immediately due and payable without notice or demand to the hirer.

2 Apply the deposit toward any amount owing to the owner.

3 Commence legal proceedings to recover the rent and other obligations accrued before and after the Event of Default.

4 Take possession of the equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The hirer waives any and all damage occasioned by such taking of possession.

5 Terminate this ~Agreement immediately upon written notice to the hirer.

6 Pursue any other remedy available in law or equity.

24 The hirer is entitled to the protection and remedies availble to them under the consumer credit act 1974.

Assignment

25 The Hirer will not assign this agreement, the hirers interest in this agreement or the hirers interest in the equipment without the prior written consent of the owner.

26 If the hirer assigns this agreement, the hirers interest in this agreement or the hirers interset in the equipment without the prior consent of the owner, the owner will have recourse to the remedies and will be entitled to all damages caused by the assignment.

27 The owner will not assign this agreement, the owners interest in this agreement or the owners interest in the equipment without the prior written consent of the hirer, the owner  will not assign or transfer the owners right to collect rent or any other financial obligation of the hirer.

28 If the owner assigns this agreement, the owners interest in this agreement or the owners interest in the equipment without the prior written consent of the hirer, the hirer will be entitled to terminate this agreement without penalty.

Entire Agreement

29 This Agreement will constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this agreement will not be binding on either party except to the extent incorporated in this agreement.

Address For Notice

30 Service of all notices under this agreement will be delivered personally, electronically (email) or sent by registered post or courier to the following address:

Owner

lccandycartz@gmail.com

1 Greenwood Place, Steeple Claydon, Mk18 2NX

Hirer

Email:

31 Payment

All Pound amounts in this agreement refer to Pounds sterling (GBP) and all payments required to be paid under this agrreement will be paid in pound sterling unless the parties agree otherwise.

Interpretation

32 Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this agreement.

Words in the singular mean and include the plural and vice versa.

Words in the masculine mean and include the feminine and vice versa.

Governing Law

33 This agreement will be construed in accordance with and governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts

Severability

34 If there is a conflict between any provision of this agreement and the applicable legislation of England (the “Act”) the Act will prevail and such provisions of the agreement will be amended or deleted as necessary in order to comply with the Act. Further any provisions that are required by the Act are incorporated into this agreement.

35 In the event that any of the provisions of this agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to to be valid and enforceable as though the invalid or unenforceable parts had not been included in this agreement and the remaining provisions had been executed by both parties subsequent to the expungement of the valid provisions.

General Terms

36 This Agreement may be executed in counterparts. Facsimile (Email) signatures are binding and are considered to be original signatures for the purpose of this agreement.

37 Time is of the essence in this agreement.

38 This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns as the case may be, of each party to this agreement.

39 Neither party will be liable in damages or have the right to terminate this agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including but not limited to Acts of God, Government restrictions, Wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/orany other cause beyond the reasonable control of the party whose performance is affected.

Notice to Hirer

40 Notice To Hirer: 

  This is a lease. You are not buying the equipment.

Do not sign this agreement before reading it.

Once signed you are bound by the terms and conditions contained herein.

You are entitled to a completed copy of this agreement when you sign it (either personally or electronically)

Signature of owner (party of the 1st part)

Signed for LC Candy Cartz

Signature of Hirer (party of the 2nd part)