MODU TERMS AND CONDITIONS FOR HIRE
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In the Agreement the following words and expressions shall have the following meaning:
“Modu ” means, Modu Exhibitions Ltd;
“Charges” means the charges applicable to the Hire of Equipment and any delivery installation and collection charges listed in the quotation;
“Equipment” means the items of equipment to be hired by the Hirer as identified in MODU’s quotation
“Force Majeure” means: circumstances beyond the reasonable control of the parties including a) act of God; b) war, insurrection, riot, civil commotion, act or threat of terrorism; c) lightning, earthquake, fire, flood, storm, or extreme weather condition; d) theft, malicious damage; e) strike, lockout, industrial dispute;
“Hire Period” means the period of hire of the Equipment;
“Hirer” means the person or company hiring the equipment;
“Site” means the location where Equipment is to be delivered in accordance with the Quotation;
- Ownership of Hire Equipment
The Equipment remains at all times the property of MODU and title and ownership shall not pass to the Hirer. The Hirers only right is to use the Equipment subject to these terms and conditions during the Hire Period.
3.1 The Equipment shall be of satisfactory quality and in accordance with industry standards.
3.2 The Hirer shall immediately notify MODU of any loss, accident, damage or defect in the Equipment.
3.3 During the Hire Period Hirer shall:
3.3.1 Not make any alteration to the Equipment and shall not remove any existing components from the Equipment;
3.3.2 Only use the Equipment for its proper purpose in a safe and correct manner;
3.3.3 Not part with possession of the Equipment and take all reasonable measures to protect the Equipment from theft, damage and/or other risks.
3.3.8 Not dispose or otherwise assign or transfer any of the Equipment or any interest in any of the Equipment, or hire it to third parties
- Delivery and Collection
4.1 Risk in the Equipment shall pass to the Hirer on delivery and will revert to MODU on the date of collection of the Equipment.
4.2 The Hirer shall make the Equipment available for collection by MODU on the date and time agreed between the parties at the end of the Hire Period.
4.3 If the Hirer does not make the Equipment available for collection on the date for collection agreed between the parties the Hire Period shall be extended automatically until the Equipment is collected and Charges will apply to this this extended period.
- Charges and Payment
5.1 The Hirer shall pay the Charges for the hire of equipment as follows:
5.1.1 20% of the Charges will be paid on acceptance of MODU’s quotation.
5.1.2 80% of the Charges will be payable two weeks before the hire period commences
5.2 Any delay in payment shall entitle MODU to simple interest at 4% per annum above the base lending rate from time to time of Santander Bank plc.
6 Limitation of Liability
6.1 Neither party excludes its liability for death or personal injury resulting from its negligence or for any fraudulent misrepresentation.
6.2 Subject to clause 6.1 MODU’s maximum aggregate liability for loss of damage of any nature arising out of or in connection with Hire Contract, shall be limited to the Charges receivable by MODU under this agreement.
- Applicable Law & Disputes Resolution
This Agreement shall be governed by and interpreted in accordance with English law. Any dispute arising out of or in connection with the Agreement shall be referred to arbitration. Either part may at any time apply to the President for the time being of the Chartered Institution of Arbitrators for the appointment of an Arbitrator. The Arbitrators decision shall be final and binding.
Supplementary Clauses where erection or dismantling work is also involved.
SC1 “Site” means the place or places where installation work is to be carried out.
SC2 Workmanship and materials
All work will be carried out using reasonable skill and care.
SC3 Safety precautions
In carrying out the work MODU shall observe all applicable laws, regulations, industry good practice regarding safety on the Site.
SC4 Access to and possession of the Site
You shall at reasonable times grant us access to and non-exclusive possession of the Site.
We shall provide such suitably qualified, experienced and competent personnel as are required to ensure the completion of the work.
MODU will at all times ensure that it is insured against liability to third parties for any death or personal injury and loss of or damage to any physical property arising out of or in connection with the performance of the Contract. On reasonable by you we shall provide evidence of the maintenance of insurance.