1) Term and Termination
This is a lease of the equipment and accessories (collectively referred to as 'equipment') described to the attached form and not a sale, conditional or otherwise. Rentee acknowledges that it has examined the equipment and it is in good working condition. Renter guarantees all equipment to be operational when it leaves its premises and Renter cannot be responsible for Rentees failure to operate the equipment properly. If Rentee fails to return the equipment by the return date specified on the reverse for any reason, Rentee shall be liable for the daily cost of the equipment until returned or, if lost, replaced. Deposits and Payment will be agreed upon prior to rental and outlined in the quote given
2) Authorized Use. Rentee agrees that the equipment shall be used only by duly qualified employees and/or agents of Rentee. The equipment will be used in strict compliance with standard operating procedures prescribed for the equipment and only for the purpose or production contemplated. Except in those circumstances where labour is supplied by Rentor, Rentee shall keep the equipment in its sole custody and control.
3) Alterations. Rentee shall not make any alterations, additions or improvements to the equipment without the written consent of Rentor.
4) Maintenance - Lessor shall be responsible for any and all routine maintenance required by the Leased Equipment during the term of this Agreement. Any such required maintenance shall be performed at the location where (ORGANISATION NAME) is using the Leased Equipment.
5) Insurance - Rentee hereby agrees to insure the equipment with an insurance carrier for the full value thereof; and shall name Rentor as an additional insured and loss payee on their liability and equipment policies and shall provide Rentor with a Certificate of Insurance upon demand by Rentor or upon hire of the equipment. The insurance shall cover loss or damage in Ireland or abroad, in transit or otherwise. Rentee must notify Rentor of Rentees intention to use equipment outside Ireland and gain their permission to do so. For rentals outside the Ireland, Rentee is responsible for prepayment of all customs duties, excise taxes, brokerage charges, shipping fees and taxes and/or other charges that may be imposed by any country. Any additional equipment rentals needed; due to impound or delays in shipping or customs are the responsibility of the Rentee. Rentee hereby acknowledges that daily rental charges shall accrue for time in transit, including time equipment may be in the hands of customs and are the responsibility of Rentee. Should Rentee fail to procure or pay cost of maintaining in force the insurance specified in the terms of his Agreement, or to provide the Rentor upon hire of the equipment with satisfactory evidence of insurance, the Renter may, but shall not be obligated to, procure the insurance and Rentee shall reimburse the Rentor on demand for its cost. Lapsed or cancellation of the required insurance shall be an immediate and automatic breach of this agreement. Rentee shall also be liable for any loss or damage sustained by Rentor including but not limited to the daily rental value of the equipment from the pick-up date until return, repair, and/or replacement, during the rental term. This indemnification shall continue in full force and effect during and after the term of the rental for causes arising during the term of the rental.
6) Loss and Damage. In addition to the insurance, Rentee shall be responsible for any loss or damage to the equipment from any cause whatsoever occurring after delivery to Rentee and Rentees acceptance of the equipment and before possession of the equipment is returned to Renter. In the event of theft, Rentee agrees to immediately report loss to Rentor and file a police report. Rentee shall keep the equipment in its and tear excepted. In the event the equipment is lost, stolen, missing, destroyed or not returned for any reason, the Rentee shall be responsible for the cost to replace the same item with the closest comparably equipped model, at current retail priced less any discounts available, without deduction for depreciation. If the equipment is damaged, broken or returned incomplete, the Rentor will make a determination of the extent of the damage and the required repairs. You and/or your representative(s) will have a reasonable amount of time to inspect the damage. In determining whether equipment shall be replaced or repaired, the Renters judgment shall be conclusive upon Rentee. Should Renter determine that the equipment must be replaced, Rentee will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation. Rentee shall be responsible and shall pay Rentor the repair or replacement cost of any equipment damaged, lost, stolen, missing, broken or otherwise.
a) This document constitutes the entire agreement between the parties, and supersedes any earlier statement or understanding. No changes or additions to the terms of the Agreement shall be valid unless in writing and signed by both parties.
b) If there is any dispute concerning the performance of this Agreement that cannot be settled by negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the ............................. (Name of Arbitration entity). Thereafter, any remaining controversy shall be settled by arbitration in accordance with the ...................... Arbitration , and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in ....................., or in such other location mutually agreed to by the parties.