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.
The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
Unless the Hirer obtains the prior written consent of 360 Event Hire, 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.
The Equipment will be in good working order and condition upon delivery.
The Equipment will be of satisfactory quality and is fit for the purpose it was designed for.
The Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
If the Equipment is lost or damaged, the Hirer will continue paying Rent and will inform 360 Event Hire with prompt written notice of such loss or damage and will, if the Equipment is repairable, return the Equipment in the state, appearance and condition it was delivered in.
In the event of Total Loss of the Equipment, the Hirer will provide 360 Event Hire with prompt written notice of such loss and will pay 360 Event Hire all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.
The Equipment is the property of 360 Event Hire and will remain the property of 360 Event Hire.
The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
As long as no Event of Default has occurred, 360 Event Hire will not disturb the Hirer’s quiet and peaceful possession of the Equipment or the Hirer’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.
The Hirer will, during the whole of the Term 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.
The insurance will be in the joint name of 360 Event Hire and the Hirer so that both the Owner and the Hirer will be protected from liability and will provide primary and non-contributing coverage for the Owner. The insurance policy will have a provision that it will not be modified or cancelled unless the insurer provides the Owner with thirty (30) days written notice stating when such modification or cancellation will be effective.
Upon written demand by the Owner, the Hirer will provide the Owner with an original policy or certificate evidencing such insurance.
The Hirer will report and pay all taxes, fees and charges associated with the Equipment, with the use of the Equipment, and with revenues and profits arising out of the use of the Equipment, including, but not limited to, sales taxes, property taxes, and licence and registration fees. The Hirer will pay any and all penalties and interest for failure to pay any tax, fee or charge on or before the date on which the payment is due. The Hirer will pay any and all penalties and interest for failure to report required information to any taxing authority with jurisdiction over the Hirer or the Equipment. If the Hirer fails to do any of the foregoing, the Owner may, but is not obligated to, do so at the Hirer’s expense.
The occurrence of any one or more of the following events will constitute an event of default:
a. The Hirer fails to pay any amount provided for in this Agreement within 7 days after
same is due or otherwise breaches the Hirer’s obligations.
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 under the bankruptcy law of the United Kingdom or another competent jurisdiction.
c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
On the occurrence of an Event of Default, 360 Event Hire will be entitled to pursue any one or more of the following remedies:
a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
b. Apply the Deposit toward any amount owing to the Owner.
c. Commence legal proceedings to recover the Rent and other obligations accrued before and after the 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 hire Agreement immediately upon written notice to the Hirer.
f. Pursue any other remedy available in law or equity.
Interest payable on any overdue amounts under this Agreement will be at a rate of 5.00 percent per annum or at the maximum rate allowed under applicable legislation, whichever is lower.
The Hire Agreement will be construed in accordance with and governed by the laws of Scotland and the Parties submit to the exclusive jurisdiction of the Scottish courts.
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/or any other cause beyond the reasonable control of the Party whose performance is affected.
All our equipment prices are based on renting the Equipment. You are not buying the Equipment.