MAKE YOUR FREE Equipment Rental Agreement

Equipment Rental Agreement

This contract for the hire of equipment for use for  (the Agreement) is made on the date of last signature below between:

PARTIES

1. , the party that is providing the equipment (the Provider); and
2. , the party that is hiring the equipment (the Customer); together the Parties and each a Party.

AGREEMENT

Meanings

3. In this Agreement, the following words are defined:

   Data Protection Laws	any applicable law relating to the processing of Personal Data, including but not limited to the GDPR and the Data Protection Act 2018;
   Equipment	;
   Exchange Location	;
   GDPR	the UK General Data Protection Regulation (2016/679);
   Purpose	the reason for the provision of the Equipment for use by the Customer, i.e. ;
   Working Day	any day other than a Saturday, Sunday or public holiday in England and Wales.

4. In this Agreement, unless the context requires a different interpretation:
   1. The singular includes the plural and vice versa;
   2. References to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this Agreement;
   3. A reference to a person includes firms, companies, government entities, trusts and partnerships;
   4. “Including” is understood to mean “including without limitation”;
   5. Reference to any statutory provision includes any modification or amendment of it; 
   6. The headings and sub-headings do not form part of this Agreement; and
   7. "Writing" or "written" will include fax and e-mail unless otherwise stated.

Hire of Equipment

5. This Agreement governs the provision of the Services to the Customer by the Provider. The Services include:
   1. The provision of the Equipment to the Customer for the Purpose.
6. The Customer will hire the Equipment  (the Hire Period). They may use the Equipment during this time in accordance with the rules set out within this Agreement.
7. Provision and return of the Equipment shall be determined by the relevant dates, methods, and locations established by this Agreement and any changes to these must be agreed on by both parties in writing.

Fees to be Paid for the Services

12. In exchange for the Services, the Customer will owe the Provider
13. The Fees are due.
14. Unless explicitly agreed otherwise in this Agreement or elsewhere, the Customer is not responsible for any additional charges that the Provider incurs in carrying out the Services, including but not limited to utility costs, council tax or rent payments, taxes, materials and equipment costs, licensing costs, and legal fees or payments due to third parties being impacted by delivery of the Services; except where such are incurred due to the Customer behaving in breach of this Agreement.  
15. The Provider and the Customer shall pay all amounts due under this Agreement in full without any deduction except regarding any deductions required by law. Neither Party shall be entitled to assert any credit, set-off, or counterclaim against the other in order to justify withholding payment of any amount due, in whole or in part. 

Provider's Obligations

21. The Provider is responsible for ensuring that the Equipment is appropriately safe for use by the Customer (including for any people that will be at the Equipment in connection with the Purpose, including any staff members, contractors, or others engaged by the Customer). This includes but is not limited to the Provider abiding by all applicable obligations under health and safety, product liability, and general negligence laws.
22. The Provider is responsible for ensuring that the Equipment is suitable for use in the manner provided for in this Agreement. This includes but is not limited to:
    1. Ensuring that the Provider has the authority to allow the Customer to use the Equipment for the Purpose (e.g. by holding ownership rights in the Equipment and any necessary permissions from any other parties holding rights in the Equipment);
    2. Except as provided otherwise elsewhere in this Agreement, obtaining, maintaining, and ensuring the suitability of any necessary licences to enable the Equipment to be used (e.g. an operator's licence where the Provider is providing their own staff for use of the Equipment);
    3. Ensuring the Equipment is suitable for the Purpose and of satisfactory quality for this Purpose;
    4. Ensuring the Equipment has all necessary features to enable it to be safely used (e.g. emergency stop devices) in accordance with this Agreement by the Customer;
    5. Ensuring the Equipment has been sufficiently maintained, inspected (where the Equipment may be subject to deterioration), and examined in accordance with statutory examination requirements (e.g. lifting equipment must undergo a 'thorough examination' by a competent person).   
23. The Provider is responsible for abiding by the law in all regards in the course of their provision of the Services, including but not limited to responsibility for infringements of third parties' rights except where such are due to the conduct of the Customer in contradiction of this Agreement. This includes but is not limited to advertising, data protection, criminal, human rights, anti-bribery and corruption, employment, and personal injury law.
24. The Provider commits to providing the Services with reasonable skill and care.
25. The Provider commits to providing the Services in accordance with any description of the Services represented by the Provider upon entering and/or prior to entering this Agreement.
26. Where the Equipment has been hired in reference to a sample, the Provider commits to providing the Equipment in accordance with any sample quality and without defect which would not be reasonably apparent on the sample.
27. The Provider will provide the relevant safety procedure instructions and guidance on safety measures for the use of Equipment.
28. The Provider must maintain appropriate business insurance with regard to the Equipment and the Services more broadly. 

Customer's Obligations 

31. The Customer must abide by any reasonable instructions or requests issued by the Provider or anybody acting on behalf of the Provider, when such are issued for the purpose of enabling the Provider to meet their obligations under the law in relation to ensuring the safety of people or property.
32. The Customer must only use the Equipment in accordance with the Purpose. Any conduct that would not reasonably be expected in relation to the Equipment is not permitted.
33. The Customer is responsible for any harm that is caused to the Equipment and any features or parts of it (except for fair wear and tear) by anybody that the Customer has allowed to be present whilst the Equipment is in use, including staff members, contractors, or others engaged by the Customer. 
34. Except as qualified elsewhere in this Agreement, the Customer  at the end of the Hire Period in the same condition (except for fair wear and tear) it was in at the start of the Hire Period.
35. The Customer must maintain any business insurance that's reasonably necessary for them to hold with regard to their use of the Equipment. 
36. The Customer will abide by the following rules and requirements regarding their use of the Equipment, and is responsible for ensuring that anybody that they allow to use the Equipment does not act in breach of these rules:
    1. The Customer must ensure the correct safety procedures and measures are followed and the appropriate safety equipment or protective clothing is worn by anyone that the Customer allows to use the Equipment.  
    2. The Customer must ensure that anyone that the Customer allows to use the Equipment does so in accordance with the relevant instructions and guidance given to the Customer by the Provider.
    3. The Customer will be responsible for obtaining, maintaining, ensuring the suitability of, and providing evidence to the Provider of any qualifications, training, or licences needed by the Customer or anyone other than the Provider that the Customer engages to enable their safe use of the Equipment. For example, an operator's licence to operate goods vehicles.
    4. The Equipment must not be altered in any way that will persist after the end of the Hire Period. 
    5. If the Customer (or anyone the Customer engages to use the Equipment) would like to use additional features which have been personally sourced (ie not provided by the Provider) in, on or with the Equipment, the Customer must notify the Provider at least 7 Working Days ahead of the day on which the Hire Period begins and the Provider must grant permission for these.

Ending the Agreement 

1. This Agreement shall continue until the Parties' obligations under the Agreement are discharged unless it is terminated earlier in accordance with the following clauses of this section (i.e. the section headed “Ending the Agreement”).
2. Either Party may terminate this Agreement immediately by giving written notice to the other Party if that other Party:

   1. Does not pay any sum due to it under the Agreement within 14 Working Days of the due date for payment; 

   2. Commits a material breach of the Agreement which, if capable of remedy, it fails to remedy within 7 Working Days after being given written notice specifying full particulars of the breach and requiring it to be remedied;

   3. Persistently breaches any term(s) of the Agreement;

   4. Is dissolved, ceases to conduct substantially all of its business, or becomes unable to pay its debts as they fall due;

   5. Undergoes a change of control (within the meaning of section 1124 of the Corporation Tax Act 2010); or

   6. (If that Party is an individual) dies or, as a result of illness or incapacity, becomes incapable of managing their own affairs.

3. The Customer may terminate this Agreement immediately by giving written notice to the Provider if the Provider:
   1. Is a company over any of whose assets or property a receiver is appointed;
   2. Makes any voluntary arrangement with its creditors or (if the Provider is a company) becomes subject to an administration order (within the meaning of the Insolvency Act 1986); 
   3. (If the Provider is an individual or firm) has a bankruptcy order made against it or (if the Provider is a company) goes into liquidation; or
   4. Is convicted of any criminal offence.
4. Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.  

   1. Such causes include, but are not limited to: power failure, Internet Service Provider failure, acts of God, epidemic, pandemic, civil unrest, fire, flood, droughts, storms, earthquakes, collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental action, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota, or prohibition, or any other event that is beyond the control of the Party in question.  

   2. The Party affected by a circumstance beyond its control shall use all reasonable endeavours to mitigate the effect of the force majeure upon the performance of its obligations. 

   3. The corresponding obligations of the other Party will be suspended to the same extent as those of the Party affected by a force majeure event.

   4. If the delay continues for a period of 14 days, either Party may terminate or cancel the Services to be carried out under this Agreement.

5. All sums owed to the Provider under this Agreement shall become due immediately on the Agreement's termination, except where provided otherwise within the Agreement.
6. Termination or expiry of the Agreement shall not affect any rights, remedies, obligations, or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
7. Other than as set out in the Agreement, neither Party shall have any further obligation to the other under the Agreement after its termination or expiry.

Liability

1. Nothing in this Agreement limits or excludes either Party's liability in any way for:
   1. Death or personal injury caused by its negligence;
   2. Fraud or fraudulent misrepresentation;
   3. Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
   4. Any other losses which cannot be limited or excluded by applicable law.
2. Except for as set out in the first clause of this section (i.e. the section headed “Liability”) or as a direct consequence of any breaches of the commitments provided by the Parties in the sections headed “Provider's Obligations” and “Customer's Obligations”, neither Party shall have any direct or indirect liability to the other Party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:

   1. Loss of profits;

   2. Loss of revenue;

   3. Loss of sales or business;

   4. Loss of agreements or contracts;

   5. Loss of savings or discounts (actual or anticipated);

   6. Loss of or damage to goodwill or to reputation;

   7. Loss of use or corruption of software, data or information;

   8. Any indirect, special or consequential loss.

3. The Provider shall not have any liability for loss or damage to property belonging to the Customer or a third party that is present at the Premises by the Customer's election, unless such loss or damage is due to the Provider's negligence or the negligence of the Provider's agents, sub-contractors, consultants, employees, or others working on its behalf.
4. Except for as set out in the first clause of this section (i.e. the section headed “Liability”), the total liability of the Provider for any loss experienced by the Customer in respect of any one event or series of connected events due to the Provider's breach of the Agreement shall not exceed £.
5. Except for as set out in the first clause of this section (i.e. the section headed “Liability”), the total liability of the Customer for any loss experienced by the Provider in respect of any one event or series of connected events due to the Customer's breach of the Agreement shall not exceed £.
6. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.

Communication Between the Parties

1. The best method of contacting the Provider is via email at . The Customer will as soon as is reasonably practicable and not more than 12 hours following the end of the Hire Period notify the Provider via this communication method of any issues that occur during the Hire Period with regard to the Equipment. Any issues with or concerns about the Services provided will be made known to the Provider as soon as reasonably practicable via this communication method. 
2. The best method of contacting the Customer is. Any issues with or concerns about the Customer's use or planned use of the Premises will be made known to the Customer as soon as reasonably practicable via this communication method. 
3. Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered by pre-paid first class post to or left by hand delivery at the other Party's registered address or place of business, sent by email to its main business email address, or sent by fax to its main fax number. Notices:
   1. Sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second Working Day and, where posted from or to addresses outside the United Kingdom, on the tenth Working Day following the date of posting;
   2. Delivered by hand will be deemed to have been received at the time the notice is left at the proper address; 
   3. Sent by email will be deemed to have been received on the next Working Day after sending, provided they were sent to the correct email address and no notice of delivery failure is received; and
   4. Sent by fax will be deemed to have been received on the next Working Day after transmission.

Privacy

1. Each Party commits to complying with Data Protection Laws with regard to Personal Data it receives from the other Party in the course of delivery of the Services. Where one Party supplies the other with Personal Data relating to that Party or to any other individual (including but not limited to contractors and staff members) in the course of the provision of the Services, the recipient Party will comply with the obligations imposed by Data Protection Laws and with that Party's own Privacy Policy and/or data protection procedures. 
2. For the purposes of this Agreement, 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

General 

1. This Agreement contains the whole agreement between the Parties relating to its subject matter and supersedes all prior discussions, arrangements, or agreements that might have taken place in relation to the Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
2. Neither Party may assign, transfer, sub-licence, or sub-contract to any third party the benefit and/or burden of the Agreement or of any of the rights under this Agreement without the prior written consent (not to be unreasonably withheld) of the other Party.
3. No variation of the Agreement will be valid or binding unless it is recorded in writing and signed by or on behalf of both Parties.
4. The  does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement.
5. Unless otherwise agreed, no delay, act, or omission by a Party in exercising any right or remedy available in relation to this Agreement will be deemed a waiver of that, or any other, right or remedy.
6. A provision which by its intent or terms is meant to survive the termination of the Agreement will do so.
7. If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.
8. Unless specifically provided by the Parties, nothing in the Agreement will establish any employment relationship, partnership, or joint venture between the Parties, or mean that one Party becomes the agent of the other Party, nor does the Agreement authorise any Party to enter into any commitments for or on behalf of the other Party.
9. Nothing in the Agreement should be construed as granting the Customer any ownership rights in the property that constitutes the Equipment or in any part of such. They are only granted a temporary right to use the Equipment for the duration of the Hire Period and only on the terms set out in this Agreement. 

Jurisdiction

1. Except where an exception applies as required by law (e.g. in relation to disputes under consumer law): 
   1. This Agreement will be governed by and interpreted according to the laws of England and Wales.
   2. All disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

The Parties have signed this Agreement on the date(s) below: