Terms and Conditions

IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the Equipment to the Hirer, and the Hirer leases the Equipment from the Owner on the following terms:
Definitions
1.The following definitions are used but not otherwise defined in this Agreement:
i. “Casualty Value” means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
ii. “Equipment” means «Type» which has an approximate value of £ «Value»
iii. “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.
Lease
2. The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set out in this Agreement.
Term
3.The Agreement commences on «Date» and will continue in accordance with the hire term overleaf (the “Term”).
Rent and Deposit
4.The rent will be £ «Price» paid every PERIOD in advance, beginning on «Date» and will be paid on the same day of each succeeding PERIOD throughout the Term (the “Rent”).
Delivery of Equipment
The Owner will deliver the Equipment to the Hirer at «Address» , «Post_Code» on the DATE unless agreed otherwise by both parties.
Use of Equipment
7.The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and with any applicable law respecting the use of the Equipment, including, but not limited to environmental and copyright law.
8.The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
9.Unless the Hirer obtains the prior written consent of the Owner, the Hirer will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
Warranties
10.The Equipment will be in good working order and good condition upon delivery.
Loss and Damage
12.To the extent permitted by law. the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
13. If the Equipment is lost or damaged, the Hirer will continue paying Rent, will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
14. In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.
Ownership, Right to Lease and Quiet Enjoyment
15. The Equipment is the property of the Owner and will remain the property of the Owner.
16. The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
17. The Owner warrants that the Owner has the right to lease the Equipment
according to the terms in this Agreement.
18. The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Hirer’s quiet and peaceful possession of the Equipment or the Hirer’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.
Surrender
19. At the end of the Term or upon earlier termination of this Agreement, the Hirer will make the Equipment available for pick up at «Address» , «Post_Code» there are no refunds for early termination of the contract. If the Hirer fails to make the Equipment available for pick up before the next billing cycle the Hirer will pay for the next hire cycle to the Owner plus any unpaid Rent for the previous cycle. If the equipment is not made available when demanded back by the owner at the end of the term or the end of a billing cycle whichever is later the Hirer will pay the Casualty Value of the Equipment plus 30% of the Casualty Value not exceeding the new value of the equipment, at which point ownership of the Equipment will pass to the Hirer.
Insurance
20. No insurance coverage for the Equipment is required under this Agreement.
Default
21. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:
i. The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.
ii. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of the United Kingdom or another competent jurisdiction.
iii. A writ of attachment or execution is levied on the Equipment and is not
released or satisfied within 10 days.
Remedies
22.On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the “Remedies”):
i. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
ii. Apply any Deposit toward any amount owing to the Owner.
iii. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
iv. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.
v. Terminate this Agreement immediately upon written notice to the Hirer.
vi. Pursue any other remedy available in law or equity.
23. The Hirer is entitled to the protection and remedies available to them under the Consumer Credit Act 1974.
THE HIRER WILL NOT ASSIGN THIS AGREEMENT, THE HIRER’S INTEREST IN THIS AGREEMENT OR THE HIRER’S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE OWNER.
25. If the Hirer assigns this Agreement, the Hirer’s interest in this Agreement or the Hirer’s interest in the Equipment without the prior written consent of the Owner, the Owner will have recourse to the Remedies and will be entitled to all damages caused by the assignment.
Address for Notice
26. Service of all notices under this Agreement will be delivered by email to the following enquiries@yorkshirecarebedhire.co.uk
Recovery costs, Debt Collection and Interest
27.The following cost will be applicable in the event of outstanding debts
i. Interest payable on any overdue amounts under this Agreement will be at a rate of 9.99% per annum or at the maximum rate allowed under applicable legislation, whichever is lower.
ii. For every letter relating to the recovery of debts a charge of £15 will be
add to the outstanding balance.
iii. For every failed collection attempt an amount of £50 will be added to the
outstanding balance.
Governing Law
28. This Agreement will be construed in accordance with and governed by the laws of England and the Parties submit to the exclusive jurisdiction of the English courts. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
29. Time is of the essence in this Agreement.
This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
30. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.
Notice to Hirer
31. This is a lease. You are not buying the Equipment. Do not sign this Agreement
before you read it. You are entitled to a completed copy of this Agreement when you sign it.
IN WITNESS WHEREOF has duly affixed its signature under hand and seal and Yorkshire Care Bed Hire has affixed its signature by a duly authorised officer under seal on this date of «Date» Yorkshire Care Bed Hire.