EQUIPMENT RENTAL AGREEMENT
Penguin Hot Tubs Ltd (“THE COMPANY”) requires all persons renting (“THE CLIENT”) equipment to have read and understood the contents of this agreement before signing. If you do not understand the information contained within this document, Please contact Penguin Hot Tubs Ltd directly on 0800 112 3886 or email email@example.com. It should be noted that once payment has been received you have accepted the equipment as outlined below and have read/understood all points highlighted within the terms and conditions.
1. DEFINITION OF TERMS
1.1. “The Company” is Penguin Hot Tubs Ltd, whose registered office is at Thornhome House Yieldshields, Carluke, ML8 4QD.
1.2. “The Client” means the legal entity with whom the Contract is made by the Company.
1.3. "Contract" means the Contract between the Company and the Client for the supply and rental of the Equipment.
1.4. “Equipment” used herein shall refer to all such equipment except as otherwise expressly agreed by the Company and Client in writing.
1.5. “The Venue” References to the Venue include, but not limited to, Festivals, roof gardens, campsites, fields and private addresses.
2. MASTER AGREEMENT
2.1. The Client of this Rental Agreement and the Company acknowledge and agree that the Terms and Conditions contained in this agreement shall govern the rental of any and all equipment by the Client from the Company.
2.2. In the event of a conflict between the Terms and Conditions contained in this agreement and any Terms and Conditions set out in any purchase order, acceptance or other document the Client and the Company agree that the Terms and Conditions set out in this agreement shall govern.
3. RENTAL PERIOD
3.1. The rental period with respect to the Equipment shall commence on and include the actual day of delivery of the Equipment to the Client’s confirmed Venue.
3.2. The rental period shall end on and include the day of pickup of the Equipment by the Company.
3.3. The Client is responsible for the Equipment until it has been removed from the Client’s venue.
3.4. Rental rates are based on a rate schedule as highlighted on confirmation of booking email or via the company’s website.
3.5. The hire period will be deemed to continue until such time as any damaged equipment is repaired or any equipment that is lost, stolen or damaged beyond repair is replaced provided that the amount of any additional hire charge payable as a direct result of the theft, accidental loss or damage to the equipment shall not exceed 13 weeks rental.
4. TERMS OF PAYMENT
4.1. The Rentals due under this Rental Agreement shall be paid in full in advance either (1) Online via the companies’ website or (2) by contacting the company directly via telephone.
4.2. The Company reserves the right to deny delivery of equipment in the event of failure to pay the Rental by the Client.
4.3. A valid credit card pre-authorisation will be kept on file for the duration of the rental in case of loss or damage associated with vandalism, malicious mischief, theft or conversion of the equipment; and/or ii) All loss or damage associated with Equipment being overloaded, operated above rated capacity or if operating instructions are not followed. as a security.
5.1. The booking becomes binding once;
5.1.1. The company has received payment for equipment.
5.1.2. The Company has confirmed the dates of the Clients hire period.
6. VENUE BOOKING
6.1. The Client is responsible for ensuring the chosen Venue is reserved in the Clients name for the dates and times specified on the booking form. The Company is not liable for any issues or errors regarding Venue booking.
6.2. The Company requires full access to the Clients chosen Venue.
6.3. The Client must surrender the equipment a minimum of two hours prior to the Venue’s specified departure time to allow the Company time to dismantle the equipment. More time may be required for multiple equipment hired. Please note any additional venue costs incurred for late departure must be paid in full by the Client.
6.4. The Client must ensure any venue fees are paid in full prior to departure.
6.5. The Company is not responsible for the Venue in any way including, but not limited to, its facilities, location or access. Any issues with the Venue must be addressed with the Venue owners by the Client.
6.6. The Company is not responsible for any instances where the Venue prevents the Company from erecting the equipment including lack of booking and being prevented access from the premises and will not offer refunds.
7. CONNECTION TO MAINS SERVICES
7.1. Connection and disconnection to mains services on site are the responsibility of the Client and must be performed by a competent operative.
8. ELECTRICAL EQUIPMENT
8.1. Any electrical Equipment should be used with plugs and/or sockets as fitted.
8.2. No Equipment shall be modified without prior written consent from the Company.
8.3. The Client shall be responsible at all times to arrange a proper supply of electricity for use with the Equipment and ensure that the Equipment shall at all times be properly earthed. Damage to equipment from incorrectly connected or disrupted supply will be charged.
9. CANCELLATION OF CONTRACT
9.1. The following shall apply should the Client cancel the contract: -
9.1.1. - In the event of cancellation 28 days before the beginning of hire there will be no charge to the Client;
9.1.2. - In the event of cancellation 21 days before the beginning of hire, 25% of the rental shall be due;
9.1.3. - In the event of cancellation 14 days before the beginning of hire, 50% of the rental shall be due.
9.1.4. - In the event of cancellation 7 days before the beginning of hire the full rental shall be due.
9.1.5. - Postponement of an agreed date shall be regarded as a cancellation.
10.1. Before the Equipment is delivered to the Client, the Company shall inspect and clean the Equipment to ensure it is in satisfactory condition prior to operation.
10.2. If the Client does not inspect the Equipment upon delivery, the Company is conclusively deemed to have accepted that the Equipment is in good condition and working order, without broken or worn out parts and in clean and unmarred condition.
10.3. The Client shall at all times allow the Company to have reasonable access to the Equipment to inspect, test, replace or repair.
11. MAINTENANCE, OPERATION AND REPAIRS
11.1. The Client shall not remove, alter, disfigure or cover up any numbering, lettering or insignia displayed upon any Equipment, and shall ensure that no Equipment is subjected to careless or needlessly rough usage and shall, at the Clients own expense, maintain and ultimately return to the Company the Equipment and its appurtenances, together with any tools and accessories pertaining thereto, the whole in good repair and operating order.
12. LOSS OR DAMAGE TO EQUIPMENT
12.1. The Client shall indemnify and hold harmless the Company against all loss and damage to the Equipment during the rental period and the appraisal for any such loss or damage shall be based upon the replacement cost of the Equipment without deduction or depreciation together with any additional hire charge calculated in accordance with Clause 3.5.
12.2. The Client shall be liable for all resulting loss or damage to the Equipment and expense of the Company to the extent that it: a) results from the gross negligence of the Lessee which included, but is not limited to, the use or operation of the equipment in a reckless or abusive manner or, intentional damage to the Equipment by the Lessee or by the Lessee’s permission or, b) occurs under either of the following circumstances: i) All loss or damage associated with vandalism, malicious mischief, theft or conversion of the equipment; and/or ii) All loss or damage associated with Equipment being overloaded, operated above rated capacity or if operating instructions are not followed.
13. COMPANY’S AND CLIENTS LIABILITIES
13.1. Where in these Terms and Conditions the liability of the Company in respect of any loss or damage is excluded or modified in any way, the Company does not intend to seek or purport thereby to exclude restrict or modify its liability for the death or personal injury to any person resulting from negligence as defined in Section 1 of the Unfair Contract Terms Act 1977 and these conditions shall have effect accordingly.
13.2. Nothing in these Terms and Conditions is intended to exclude restrict or modify liability on the part of the Company for any breach of the obligations arising from Section 12 of the Sale of Goods Act 1893 or Section 8 of the Supply of Good Implied Terms Act 1973 and these Terms and Conditions shall have effect accordingly.
13.3. While the Company shall make every effort to assist the Client with technical know-how and experience and shall provide general advice and service the Company shall not guarantee that the Client will achieve his intended result by the use of hired equipment and services.
13.4. The Company shall not be liable in any way for any loss, damage, loss of profits or of contracts or of any other consequential loss of any kind suffered by the Client or any third party or for any delay, late delivery, defect or deficiency of or relating to any equipment or ancillaries there to or for any delay in any equipment or ancillaries being available or for any failure error or mistake by technicians or other staff or for any failure error or mistake by any technicians or other staff of any nature provided by the Company.
13.5. The Company shall not be liable for any delay or other breach resulting from wars strikes lock-out restrictions non-availability of goods materials or labour or owing to any other cause whatsoever beyond its control.
13.6. Time is not of the essence in any contract with the Client and the Company shall not be liable for any delays in the supply of equipment materials and services by it or for any losses whatsoever due to any such delays howsoever caused.
13.7. All equipment and materials entrusted to the Company and all equipment and materials and services supplied by the Company are entirely at the Clients risk. The Company shall not in any circumstances be liable for loss or damage of any kind, howsoever caused, even where such loss or damage shall have been caused or contributed to by the negligence of the Company.
13.8. The Company shall not be liable for any costs incurred in getting replacement equipment to the Client in the event of the breakdown of that equipment even where such a breakdown shall have been caused or contributed to by the negligence of the Company.
13.9. If it is proved to the satisfaction of the Company its directors or its managers that any equipment hired by the Client has broken down through the fault of the Company its directors or its employees the Company will not make charges for that equipment from the time it breaks down until the time it is replaced or repaired provided that in the event of the equipment being replaced the Client returns the faulty equipment within 24 hours of the faulty equipment being replaced otherwise a charge will be made commencing 24 hours from the time the replacement equipment is provided and ending once the faulty equipment has been returned to the Company.
13.10. The Client shall at all times keep the Company its directors employees servants agents and licensees fully indemnified against all actions, proceedings, expenses, costs, charges, claims and demands whatsoever which may be brought against the Company its employees servants agents or licensees by any third party in respect of any alleged injury, loss, damage or expense arising out of or in connection with equipment or services provided by the Company or for breach of copyright or any other proprietary or other rights of third parties generally resulting from compliance with the Clients instructions even where such injury, loss, damage or expense is caused wholly or in part by the negligence or breach of contract of the Company its directors servants or agents.
13.11. The Client shall further compensate the Company for any loss which the Company may suffer as a result of variation of any order for the supply of equipment materials or services or failure to return any hired equipment to the Company’s premises at the termination of the agreed hire period in good condition fair wear and tear excepted or for any breach by the Client of these Conditions.
14. THE CLIENTS INSURANCE
14.1. Without specific written agreement to the contrary prior to the commencement of the hire period the Client shall affect its own insurance on the equipment. The Client shall ensure that the Company’s interest is noted by the insurers and shall notify the Company accordingly and give such other details of the policy or policies as the Company may require. The Clients policy shall provide cover for all loss or damage whatsoever to the equipment including, but not limited to, the full replacement value of the equipment, the full cost of repairing any damage and the continuing hire charges detailed in clause 3.5) above. Particulars of replacement values, repair costs and daily rates for continuing hire will be supplied by the Company on request as appropriate.
15. FAILURE TO RETURN GOODS/DAMAGED GOODS
15.1. The Client shall pay to the Company the full replacement value of hired equipment not returned or the full cost of repairing any damage together with any additional hire charge calculated in accordance with Clause 3.5 of these Conditions due to loss or damage.
16. LATE RETURNS
16.1. Equipment returned late will be charged at the single agreed daily rate for each calendar day or part thereof irrespective of any reduction or discount that may have been negotiated on the original booking.
17.1. All equipment on hire shall at all times remain the absolute property of the Company and no proprietary or other interest in the said equipment shall vest in or pass to the Client who shall for all purposes be deemed the Bailee of the said equipment.
17.2. Clients must not sell loan assign pledge encumber part with possession or suffer any lien to be created over hired equipment and the Company may terminate any hiring forthwith and without notice in the event of a Client making any attempts to do so or doing any act or omitting to do any act which in the opinion of the Company jeopardises the Company’s rights to the equipment or becoming the subject of any bankruptcy or liquidation proceedings or becoming insolvent or allowing any judgement or well-founded claim to remain unsatisfied or failing to pay any hire charge or other sum due to the Company or failing to comply with these Conditions.
17.3. The Client agrees that a representative of the Company may enter upon any premises upon which hired equipment may be kept or reasonably believed to be kept for the purpose of its recovery at the termination of any hiring period, and where such equipment is on premises not occupied or under the control of the Client, the Client shall undertake to secure for the Company permission to enter for such purposes and the Client shall compensate the Company for any costs incurred in repossessing the hired equipment.
18. SUBLETTING AND LOCATION
18.1. The Client shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Equipment and shall protect against distress, execution or seizure and shall indemnify the Company against all damages, losses, costs, charges and expenses that may be occasioned by failure to observe and perform this condition except in the case of government requisition.
18.2. The Client shall not assign his rights hereunder nor sub-let or lend the Equipment or any parts thereof to a third party without the prior express consent of the Company
18.3. The Equipment shall be used at the location where delivered to by the Company
19.1. The Company makes no warranties, either expressed nor implied, as to any matter whatsoever, including, without limitation, the condition of the Equipment, its merchantability or fitness for a particular purpose or, that it is suited for the Client’s intended use. The aggregate liability of the Company hereunder, if any, shall be limited to the amount paid to it by the Client under this lease. This represents the entire agreement between the parties with respect to the Equipment.
19.2. The Company reserves the right to refuse service to any person(s) without warning, reason or cause at any time.
20. FORCE MAJEURE
20.1. You agree that Penguin Hot Tub Ltd will not be held liable for any: Act of God including tempest, fire, flood, storm or natural disaster; War, civil war, sabotage or act of terrorism; Government sanction, embargo, import or export regulation or order; Labour disputes, including strikes, lockouts, boycotts or other industrial action; Failure in the transportation of equipment, machinery or personnel or in the provision of any utility including power, gas, water, or communication services.
21. ELECTRONIC SIGNATURES.
21.1. Each party agrees (the client and the company) that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the worldwide web), by electronic mail in portable document format (.pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
22. CHOICE OF LAW
22.1 This contract will be governed by and construed in accordance with Scots Law. Each of the parties to this Agreement irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Scotland.
UPDATED: FEBRUARY 2019