Equipment Rental Hire Agreement Terms and Conditions
Prepared by: Mario Lopez Authorised by: Kayne Begbie Created: 05/01/2015 ID: ENQIP-EH-0016 Version: 2.4
In these Terms and Conditions “ENQIP” means Enqip and “the Customer” means the individual or organisation renting or hiring the equipment.
1. RENTAL PERIOD
The rental period commences on the date indicated on the rental order Hire Contract and is terminated on the day the equipment is returned to ENQIP. Equipment returned after 2:00pm will incur an additional hire cost for that day.
- Daily rental rate is based on 24 hour period;
- Weekly rental rate is based on a 5 week day period; and
- Monthly rental rate is based on a 4 week period.
Minimum rental period is one day. An extension of the hire period must be approved by ENQIP.
2. FREIGHT CHARGES & CONDITIONS
ENQIP will invoice the Customer freight/handling charges for delivery of the equipment. The Customer must, at their own cost, organise the delivery and return of the equipment during ENQIP normal business hours. Any loss or damage to equipment during shipment from the Customer to ENQIP is the responsibility of the Customer. ENQIP must be notified immediately should any shipment problems occur.
3. RISK, DAMAGE OR LOSS AND INDEMNITY
3.1 The Customer bears all risk in respect of the equipment from (and during) delivery to the Customer (or as directed by the Customer) until the equipment is returned to the ENQIP premises and during such period the equipment will be deemed to be in the Customer’s possession.
3.2 If any of the equipment is damaged, lost, abandoned or destroyed while in possession of the Customer, ENQIP may, in its absolute discretion elect to repair, retrieve and/or replace the equipment (with new equipment if deemed necessary by ENQIP) and the Customer will indemnify ENQIP, from and against any and all losses(including loss of revenue), damages, and expenses incurred by ENQIP due to the above mentioned events including but not limited to the full cost to replace, repair or retrieve the equipment and any associated duties, taxes or transportation charges.
4. REPLACEMENT OF MALFUNCTIONING EQUIPMENT
In the event of equipment malfunction or failure the Customer must notify ENQIP immediately. If the problem cannot be rectified easily, a replacement will be shipped. The Customer must return malfunctioning equipment immediately to ENQIP.
5. INSTRUMENT CALIBRATION
All ENQIP equipment is subject to calibration/accuracy check testing prior to dispatch. However the Customer is responsible for ensuring appropriate calibration prior, during and following the use of the equipment. ENQIP under no circumstances will be responsible for the validity of instrument readings.
6. EQUIPMENT REPAIRS & CLEANING
Prior to dispatch ENQIP examines, checks and cleans all equipment to ensure effective performance. The Customer is to abide by the instrument instruction manuals provided by ENQIP. Any failure to decontaminate or clean equipment may incur an additional charge. The Customer will at their own expense keep the equipment in good order and condition and facilitate repair (if required) in a state equal to that of which the equipment was provided to the Customer.
ENQIP under no circumstance is liable for any damage, including financial losses, instrument losses, and associated damage to other equipment replacement charges or down time. ENQIP is not responsible or liable for any loss or damage of a Customer’s business, property, injury or death. ENQIP is indemnified by the Customer from any claims arising from and associated with the hiring of equipment, including legal fees and charges.
8. PAYMENT TERMS
Payment terms are either in advance or on account, net 14 days from date of invoice. ENQIP reserves the right to suspend shipment of equipment to Customers whose accounts are overdue.
9. CUSTOMER COVENANTS
The Customer agrees with ENQIP that:
- The equipment shall remain the property of ENQIP unless otherwise agreed in writing.
- The Customer shall not sell, charge, pledge or part with possession of the equipment.
- The Customer shall use the equipment in a careful and proper manner and not interfere or tamper with the equipment or let any other person/persons do so.
- The Customer shall notify ENQIP immediately if any judgment or order is levied against the Customer or the property of the Customer or if a petition is presented for the liquidation of the Customer or a receiver is appointed or a scheme of arrangement is proposed.
- The Customer shall permit ENQIP or its agents to enter the premises where the equipment is located at all reasonable times in order to inspect the equipment and carry out repairs to the equipment.
- The Customer requires and will use the equipment for business purposes only.
- The Customer accepts full responsibility to guard the equipment against theft, damage or negligence until it has been retuned to ENQIP
- In relation to theft, damage or loss of equipment the Rental/Hire of the equipment shall continue until the item has been repaired by ENQIP or the replacement is paid by the Customer.
10. LONG TERM HIRE
The Customer agrees that if a hire rate discount has been provided for long term hires and the Customer returns the equipment prior to the nominated end date ENQIP reserves the right to charge the Customer full value for the period of hire.