ST AIDAN’S CIO JCR
EQUIPMENT HIRE TERMS AND CONDITIONS
General
1. The equipment to be hired (“the Equipment”) is listed in the hire
confirmation/invoice.
2. The Equipment is to be hired by the person or organisation stated in the hire
confirmation/invoice (“the Hirer”) from St Aidan’s JCR Charitable Incorporated
Organisation (“the Owner”)(“the Hiring Agreement”)
3. The hire commences on the start date stated on the hire confirmation/invoice
and will continue until the end date or for the duration stated on the hire
confirmation/invoice (“the Hire Period”).
4. The payment for hire of the Equipment (“the Hire Fee”) will be as stated on the
hire confirmation/invoice and the Hire Fee will be paid as stated in the hire
confirmation/invoice.
5. The Hirer shall not assign any interest in the Hiring Agreement.
6. The Hirer is entitled to the protection and remedies available to them under the
Consumer Credit Act 1974
Use of Equipment
7. The Hirer will use the Equipment in a good and careful manner and will comply
with all of the Manufacturer’s requirements and recommendations respecting the
Equipment and with any applicable law applying to use of the Equipment.
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.
Repair and Maintenance of Equipment
10. The Hirer will, at the Hirer’s own expense, keep the Equipment in good repair,
appearance and condition, normal and reasonable wear and tear excepted. The
Hirer will supply all parts that are necessary to keep the Equipment in such a
state.
11. If the Equipment is not in good repair, appearance and condition when it is
returned to the Owner, the Owner may arrange for repairs to be made as are
necessary to put the Equipment in a state of good repair and the Hirer will
reimburse the Owner for the actual expense of the repairs.
Loss , Damage and Injury
12. To the extent permitted by law, the Hirer will 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 notify the Owner at the
earliest opportunity and reimburse the Owner for any costs associated with the
loss or damage, including the cost of recovering and/or replacing the Equipment.
14. To the extent permitted by law, the Hirer will be responsible for any injury to
third parties or damage to property caused by the Equipment or the use of the
Equipment.
15. If there is any injury to third parties or damage to property caused by the
Equipment or the use of the Equipment the Hirer will notify the Owner at the
earliest opportunity and reimburse the Owner for any costs associated with the
injury or damage, including any claims made against the Owner by third parties
which are not the result of failings on the part of the Owner.
Insurance
16. The Hirer will, during the whole of the Hire Period and for as long as the Hirer
has possession of the Equipment, take out, maintain and pay for insurance
against loss of and damage to the Equipment for the full replacement value of the
Equipment and will name the Owner as the loss payee.
17. The Hirer will, during the whole of the Hire Period and for as long as the Hirer
has possession of the Equipment, take out, maintain and pay for comprehensive
general liability insurance against claims for bodily injury, including death, and
property damage or loss arising out of the use of the Equipment. The insurance
policy will have limits of at least £5,000,000.
18. Upon written demand by the Owner, the Hirer will provide the Owner with an
original policy or certificate evidencing the required insurance.
19. If the Hirer fails to maintain and pay for such insurance, the Owner may, but is
not obligated to,obtain such insurance, but if the Owner does obtain such
insurance, the Hirer will pay to the Owner the cost of such insurance upon
notification from the Owner of the amount.
Default and Remedies
20. The occurrence of any one or more of the following events will constitute an
event of default (“Event of Default”) :
a. The Hirer fails to pay any part of the Hire Fee when such amount is due or
otherwise breaches the Hirer’s obligations under this Agreement.
b. 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.
c. A writ of attachment or execution is levied on the Equipment and is not released
or satisfied within 10 days.
21. On the occurrence of an Event of Default, the Owner will be entitled to pursue
any one or more of the following remedies:
a. Declare the entire amount of the Hire Fee for the Hire Period immediately due
and payable without notice or demand to the Hirer.
b. Apply any Deposit toward any amount owing to the Owner.
c. Commence legal proceedings to recover the Hire Fee and other obligations
accrued before and after the Event of Default.
d. Take possession of the Equipment, without demand or notice, wherever it 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.
e. Terminate the Hiring Agreement immediately upon written notice to the Hirer.
f. Pursue any other remedy available in law or equity.