Hire Agreement - lake district bike hire
14600
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DATED:

PARTIES

  1. Ollie Colman T/a Lake District Bike Hire  of 26 Brow Crescent, Windermere, LA23 2EZ  (Supplier); and
  2. of (Hirer)

BACKGROUND

  1. This Agreement is made so that the Hirer can hire the Equipment from the Supplier and to record the agreement between them about the Equipment and the terms of the hire.
  2. The Hirer is hiring the Equipment for the leisurely purposes.

 

  • Definitions & Interpretation

 

In this Agreement the following words and expressions have the meanings specified in this clause unless state expressly to the contrary.

 

  • Definitions

 

Deposit
Equipment
  1. amount reasonably required, normally being the replacement value of the Equipment, which may be used to set off against any monies due.
Group
  1. a group as defined in section 42 Landlord & Tenant Act 1954;
Hire Fee
Hire Period
  1. the period beginning on                                    and ending on                                ;
Interest
  1. 4% percentage points above the base rate for the time being of Barclays Bank plc (before as well as after judgment);
Delivery Delivery Location
  1.                                           ;
Primary Period
  1.                                            ;
VAT
  1. value added tax under the Value Added Tax Act 1994 and any similar tax that is imposed in addition to or replacement for it; and
Working Day
  1. any day that is not Christmas Day, Good Friday, Saturday, Sunday, bank or other public holiday.

 

 

  • Interpretation

 

        1. Words of one gender include the other genders.
        2. References to legislation include Acts of Parliament, statutory instruments, bye-laws, regulations, and all other delegated legislation, as well as directives of the European Union that have direct effect in England & Wales.
        3. References to legislation are to that legislation as it has been re-enacted or amended at the time when its construction is relevant and are not to the legislation as originally brought into force or as at the date of this Agreement.
        4. References to the Equipment include all the components and parts, records, logbook, manual and handbook for it, and all replacements, renewals of, additions to and substitutions for it.
        5. References to the Supplier include its successors in title to the Equipment so that the obligations of the Supplier are made by the Supplier on behalf of its successors in title to the Equipment as well as for itself.
        6. If at any time the Supplier is more than one person then the obligations of the Supplier are to bind each of those persons jointly and severally.
        7. If at any time the Hirer is more than one person then the obligations of the Hirer are to bind each of those persons jointly and severally.
        8. The obligations of the Supplier under this Agreement are to apply throughout the Hire Period.
        9. The Supplier will remain liable after the end of the Hire Period for any breaches of the obligations of the Supplier that have occurred during the Hire Period.
        10. The obligations of the Hirer under this Agreement are to apply throughout the Hire Period.
        11. The Hirer will remain liable after the end of the Hire Period for any breaches of the obligations of the Hirer that have occurred during the Hire Period.
        12. The obligations and rights of each of the Supplier and the Hirer under this Agreement include those
          1. expressly in this Agreement;
          2. implied in this Agreement; and
          3. arising by law because of the hiring of the Equipment.
        13. ‘Include’ and its cognates mean ‘include without limitation’.
        14. ‘Dispose’ and its cognates include sell, assign, mortgage, charge, pledge, lend, hire and part with possession.
        15. References to the Equipment include a reference to each thing that comprises the equipment and to each component or part of those things.
        16. ‘Write’ and its cognates does not include email.
        17. For the avoidance of doubt:
          1. where the Supplier or the Hirer is a company or other corporation aggregate references to its doing something are references to its doing that thing by its agent or representative and so include its procuring their being done; and
          2. where the Supplier or the Hirer is an individual references to his doing something include references to his doing that thing by his agent or representative and so include his procuring their being done.

 

  • Hire and quiet enjoyment

 

      1. The Supplier hires the Equipment to the Hirer for the Hire Period.
      2. The Supplier agrees that while the Hirer pays the Hire Fee and performs the Hirer’s obligations under this Agreement, the Hirer may keep possession of the Equipment and may use it without interruption from the Supplier or persons claiming possession of the Equipment through the Supplier.

 

  • Supplier’s promises about the Equipment

 

      1. The Supplier promises the Hirer that the Equipment:
        1. substantially conforms to specification of it given by the Supplier;
        2. is of satisfactory quality; and
        3. is fit for any purpose held out by the Hirer as the purpose for which it wanted the Equipment.
      2. The promises in clause 3.1 are warranties and are not conditions in this Agreement so that breach of them will not allow the Hirer to treat the Agreement as having been repudiated by the Supplier but will entitle the Hirer to claim damages.

 

  • Payment of Hire Fee

 

      1. Payment of the Hire Fee on entering into this Agreement is a condition of this Agreement
      2. Deposit balances are to be refunded to the Hirer upon the return of the Equipment in a good condition.

 

  • Payment and Refunding of the Deposit

 

      1. Payment of the Deposit on entering into this Agreement is a condition of this Agreement
      2. Deposit balances are to be refunded to the Hirer upon the return of the Equipment in a good condition.
      3. If the hire for each item of equipment is the less than one day, an administration charge of £1.00 will be debited from a credit or debit card.
      4. If the Hirer pays the deposit by credit/debit card, supplying credit/debit card details to the Supplier (electronically or otherwise) he/she authorises the Supplier to debit the amount due from the credit/debit card company for settlement for monies due. The Hirer may be charged 4% to cover the credit card company’s commission.

 

  • Inspection

 

      1. The Hirer promises the Supplier that the Hirer will:
        1. inspect the Equipment on delivery of it to the Hirer or on the Hirer’s taking possession of it;
        2. notify the Supplier in writing and as soon as reasonably practicable of any defect in the Equipment; and
        3. allow the Supplier (on reasonable notice) at any time access to inspect the Equipment.
      2. If the Hirer does not give notification under clause 6.1.1 then the Hirer will be conclusively deemed to accept that the Equipment is:
        1. complete;
        2. in good order and condition;
        3. fit for the purpose for which the Hirer requires it; and
        4. in every way satisfactory to the Hirer.

 

  • Delivery of the Equipment

 

      1. The Supplier will use reasonable endeavours to deliver the Equipment to the Hirer at the Delivery Location on                                                       ;
      2. The Supplier and the Hirer will:
        1. be present at the delivery of the Equipment;
        2. if required by the Supplier, the Hirer will sign a receipt confirming that the Hirer has
          1. inspected the Equipment,
          2. found the Equipment to be:
            1. in good condition;
            2. complete; and
            3. fit in every way for the purpose for which the Hirer intends it.

 

  • Use of the Equipment

 

      1. The Hirer promises the Supplier that the Hirer will:
        1. use the Equipment:
          1. in a skilful and proper manner,
          2. in accordance with any operating instructions issued for it, and
          3. in accordance with any relevant legislation; and

 

  • Repair of the Equipment

 

      1. The Hirer promises the Supplier that the Hirer will:
        1. keep the Equipment:
          1. in good repair, condition, and working order;
          2. properly serviced and maintained; and
          3. fitted with any appropriate new parts when repair of any part is not reasonably practicable;

 

  • Record keeping

 

      1. The Hirer promises the Supplier that the Hirer will:
        1. maintain accurate and complete records about the Equipment, and its:
          1. use;
          2. operation;
          3. maintenance;
          4. servicing;
          5. repair; and
          6. replacement,
      2. allow the Supplier to inspect and take copies of the records maintained under clause 10.1.1.
      3. Give to the Supplier at the end of the Hire Period the originals of the records maintained under clause 10.1.1.

 

  • The Business of the Hirer

 

      1. The Hirer promises the Supplier that the Hirer will:
        1. not do anything that leads any person to attempt to seize, distrain, take possession of, or to attempt to execute any civil recovery or judgement on the Equipment; and

 

  • Insurance

 

    1. The Hirer promises the Supplier that the Hirer will:
      1. keep the Equipment insured:
        1. for its replacement value;
        2. against all risks on a comprehensive policy without restriction or excess;
      2. ensure that the insurance is for the higher of:
        1. the amount stipulated by the Supplier from time to time;
        2. an amount that is prudent in all the circumstances; and
      3. ensure that the insurance policy provides that any payment made under it be made directly in or towards satisfaction of the claim in respect of which such payment is made; and
      4. produce the insurance policy (with proof that the premiums have been paid) to the Supplier on request;
    2. If the Hirer does not comply with the obligations in this clause 12 then:
      1. the Supplier may (but without any obligation) effect the insurance; and
      2. the Hirer will reimburse the Supplier on demand the cost of doing so.
    3. If there is a total loss of the Equipment (whether actual, constructive, or arranged) then 5 Working Days after such period as is appropriate to enable a claim to be made to the insurers the Hirer will pay to the Supplier:
      1. any arrears of the Hire Fee (including an apportionment of the Hire Fee for any period during which the Equipment is broken);
      2. all the Hire Fee the Hirer agreed to pay until the end of the Primary Period (less a discount for accelerated payment at the rate of 4% a year);
      3. any damages for any breach of this Agreement; and
      4. the proper costs and expenses (including legal fees) incurred by the Supplier in or towards enforcing its rights under this Agreement;

less any insurance proceeds that have been received by the Supplier before the end of that period; and, where appropriate, less a proper allowance for the value of such of the Equipment that remains after the total loss as agreed by the Supplier and the Hirer.

      1. If there is loss or damage to the Equipment that is not a total loss to the Equipment then the Hirer will:
        1. notify the Supplier in writing as soon as reasonably practicable;
        2. apply the insurance moneys in making good the loss and damage; and
        3. on written request by the Supplier absolutely assign to the Supplier all the benefit of the Hirer under the insurance policy.
      2. The Hirer will indemnify the Supplier against all loss or damage to the Equipment that happens before the Supplier has retaken physical possession of the Equipment to the extent that the Supplier is not indemnified by the insurance money.

 

  • Possession of the Equipment

 

      1. The Hirer promises the Supplier that the Hirer will keep the Equipment in its own possession and must not be removed from the United Kingdom.

 

  • Dealings with the Equipment

 

      1. The Hirer promises the Supplier that the Hirer will:
        1. not dispose of the Equipment;
        2. offer to dispose of the Equipment;
        3. attempt to dispose of the Equipment; or
        4. purport to dispose of the Equipment.

 

  • Indemnity

 

      1. The Hirer will indemnify the Supplier against:
        1. all loss, actions, claims, demands, proceedings (whether criminal or civil), costs, legal expenses (on a full indemnity basis), insurance premiums and calls, liabilities, judgements, damages or other sanctions whenever arising, directly or indirectly from the Hirer’s failure or alleged failure to perform its obligations under this Agreement;
        2. any loss, injury or damage suffered by any person (including without limitation the Supplier) because of the presence of the Equipment;
        3. the delivery, possession, hiring, transportation, condition, use, operation, removal or return of the Equipment;
        4. the sale or disposal by the Supplier of the Equipment;
        5. any defect in the Equipment or its design, manufacture, testing, maintenance or overhaul; and
        6. the Supplier’s exercising any right in respect of the Equipment, its ownership, or its hiring.

 

  • Return of the Equipment

 

      1. The Hirer promises the Supplier that the Hirer will:
        1. deliver the Equipment to the Supplier at the end of the Hire Period:
          1. in a condition that complies with the full performance of the Hirer’s obligations under this Agreement;
          2. at such address in Great Britain as the Supplier has then notified to the Hirer; or
        2. if so notified in writing by the Supplier, allow the Supplier to collect the Equipment from the Delivery Location; or

 

  • Exclusions

 

      1. The Hirer agrees that:
        1. the Supplier will not be liable (in contract or tort or in any other way) to the Hirer for any loss, injury, or damage that arises because of any defect (whether latent or apparent) in the Equipment; and
        2. the exclusion in this clause does not apply to:
          1. death or personal injury caused by negligence on the part of the Supplier; or
          2. fraud on the part of the Supplier.
      2. The Hirer agrees that it has not relied on any statement made by any person on behalf of the Supplier except:
        1. any made in writing by the Supplier to the Hirer before the date of this Agreement; and
        2. any made by employees or directors of the Supplier.
      3. The Hirer acknowledges that only the directors and employees of the Supplier had any authority to act on behalf of the Supplier.
      4. The Hirer acknowledges that the Supplier will not have any liability to the Hirer:
        1. for any loss because the Equipment is unusable;
        2. to supply any replacement Equipment during any period when it is unusable;
        3. for any loss because of the Supplier’s lawfully terminating the hiring or retaking possession of the Equipment after breach of this Agreement by the Hirer.
      5. The Hirer agrees that:
        1. the Supplier does not represent of warrant that:
          1. the Equipment does not infringe the rights of confidentiality or intellectual property rights of any other person;
          2. that the Hirer’s use of the Equipment will not infringe the rights of confidentiality or intellectual property rights of any other person;
          3. or confidential information or intellectual property rights, owned or possessed by any third party; and
        2. the Supplier will not be liable to the Hirer for any loss suffered by the Hirer because of any such infringement.

 

  • Default or breach

 

      1. The Supplier may terminate the hiring under this Agreement on the occurrence of any of the following events:
        1. the Hirer does not pay money any under this Agreement at the times and in the manner required by this Agreement;
        2. any breach of:
          1. any of the Hirer’s obligations under this Agreement;
          2. any condition of this Agreement;
          3. any other agreement between the Supplier and the Hirer;
          4. any agreement between the Supplier and any company that is a member of the same Group as the Hirer;
          5. any agreement between any company that is a member of the same Group as the Supplier and the Hirer; and
          6. any agreement between any company that is a member of the same Group as the Supplier and any company that is a member of the same Group as the Hirer.
        3. any of these things happening to the Hirer:
          1. death;
          2. bankruptcy;
          3. liquidation;
          4. winding up;
          5. made the subject of:
            1. a petition for winding up;
            2. a resolution for voluntary winding up (otherwise than for a bona fide solvent reconstruction);
            3. a petition for the appointment of an administrator, or
            4. the appointment of either or both a receiver or administrative receiver;
            5. a meeting of its creditors;
            6. a deed of assignment or arrangement or other compounding between the Hirer and its creditors;
            7. distress;
            8. civil recovery;
            9. execution; or
            10. anything similar in any jurisdiction that is not England & Wales.
          6. if the Hirer abandons the Equipment.

 

  • Consequences of termination

 

      1. On termination under clause 18:
        1. the Supplier’s consent to the Hirer’s possession of the Equipment will determine immediately; and
        2. the Supplier will have the rights to take possession of the Equipment wherever it may be.
      2. On termination under clause 18 the Hirer will pay to the Supplier:
        1. any arrears of the Hire Fee (including an apportionment of the Hire Fee for any period during which the Equipment was broken);
        2. all the Hire Fee the Hirer agreed to pay until the end of the Primary Period (less a discount for accelerated payment at the rate of 4% a year);
        3. any damages for any breach of this Agreement; and
        4. the proper costs and expenses (including legal fees) incurred by the Supplier in or towards enforcing its rights under this Agreement;
        5. less a proper allowance for the value of the Equipment as agreed by the Supplier and the Hirer.

 

  • Hirer’s right to terminate

 

      1. The Hirer may terminate the hiring of the Equipment at any time.
      2. On terminating the hiring of the Equipment the Hirer must as soon as reasonably practicable return the Equipment to the Supplier.

 

  • Cancellation of Booking(s)

 

      1. On receiving a confirmed order by email or other method, the terms of cancellation are:
        1. up to 24 hours before the hire period is due to start full refund of fees paid, minus administration fee of £5.00;
        2. After 24 hours before the hire period is due to start you will be charged the first 24 hour rental fee. This fee is non refundable. Other rental days will be refunded no administration fee applied.

 

  • Ownership

 

      1. The Hirer acknowledges that:
        1. The Supplier will at all times retain the ownership of the Equipment;
        2. The Hirer will have no right of ownership in the Equipment;

 

  • No waiver

 

      1. No delay or failure of the Supplier to exercise any right or remedy will constitute a waiver of it.
      2. Any of the Supplier’s rights or remedies may be enforced separately or concurrently with any other right or remedy at any time.

 

  • Entire Agreement

 

This Agreement:

      1. Is the entire agreement between the Supplier and the Hirer about its subject matter; and
      2. Replaces any earlier agreement between them about its subject matter.

 

  • Variations

 

No variation to this Agreement is to be deemed to be effective unless it has been made in writing and signed on behalf of each of the Supplier and the Hirer.

 

  • Notices

 

Any written communication from the Supplier to the Hirer:

      1. Will be sufficiently served if sent by prepaid post or letter or delivered by hand either to:
        1. the address of the Hirer:
          1. in the parties clause of this Agreement; or
          2. in the United Kingdom notified by the Hirer in writing to the Suppler after the date of this Agreement; or
        2. the registered office of the Hirer.
      2. If sent by post or letter will be deemed to have been received by the Hirer
        1. 48 hours after the time of posting; or
        2. at the date of delivery if delivered other than by post.

 

  • VAT

 

      1. VAT will be payable by the Hirer.
      2. All monies specified in this Agreement are exclusive of VAT.

 

  • Cost of the Hirer

 

The obligations of the Hirer under this Agreement are to be discharged at the Hirer’s cost and expense.

 

  • Third parties

 

      1. A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of this Agreement. This does not affect any right or remedy of such a person that exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.

 

  • Proper law and jurisdiction

 

      1. This Agreement is to be governed and construed according to the law of England & Wales.
      2. The Courts of England & Wales are to have exclusive jurisdiction over this Agreement and the Equipment.

 

  • Use of confidential information

 

      1. The Supplier may use information it obtains from the Hirer under or in relation to this Agreement or from any credit reference or fraud prevention agencies:
        1. to assess the Hirer’s application, manage the Hirer’s account and provide the Supplier’s services and to carry out market research;
        2. to recover debts, prevent fraud, and to detect money laundering activity;
        3. to develop, improve and market the Supplier’s products and services;
        4. for credit scoring and statistical and analytical purposes.
      2. The Supplier may:
        1. use a credit scoring or other automated decision making system;
        2. add to the Hirer’s record with any credit reference agency details of this Agreement and any default or failure to keep to its terms;
        3. may check the details with fraud prevention agencies;
        4. share record with other organisations to:
          1. help make decisions about credit and credit related services such as insurance for the Hirer and members of the Hirer’s household;
          2. trace debtors;
          3. recover debt;
          4. prevent money laundering and fraud; and
          5. manage the Hirer’s accounts.

 

  • Other organisations may include any organisations which:

 

        1. introduced the Supplier;
        2. act on the Hirer’s;
        3. act on the Supplier’s behalf;
        4. banks, hirers and funders of equipment;
        5. have a legal right to such information;
        6. may be considered by the Supplier as potential or actual transferees of its rights and under any agreement it may have with the Hirer;
        7. may be considered by the Supplier as potential or actual agents for the exercise of its rights or the discharge of its duties under this Agreement or in relation to the Equipment.
      1. For these purposes the Supplier or other organisations may make further searches. which will be added to the Hirer’s record but which will not be shared with other persons.

 

  • Rights of the Hirer about information

 

      1. The Hirer should write to the (specify) or telephone phone (number) if the Hirer wants to have details of the credit reference and fraud prevention agencies from whom the Supplier obtains and to whom the owner passes information about the Hirer.
      2. The Hirer has a legal right to these details.
      3. The Hirer has a right to receive a copy of the information the Supplier holds about it if the Hirer applies to the owner in writing.
      4. A fee will be payable.

 

  • Severance

 

    1. If any court or competent authority finds that anything in this Agreement is invalid, illegal, or unenforceable then:
      1. that thing is to be deemed to be deleted;
      2. the validity, legality, and enforceability of the other things in this Agreement will not be affected; and
      3. if it would be valid, enforceable and legal if some part of it were deleted then it is to apply with the minimum modification necessary to make it legal, valid, and enforceable.

 

Signed by: ………………………………………………………….

Supplier

 

Signed by: ………………………………………………………….

Hirer