Hire agreement

1. insurance of the Equipment to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as the Lessor may from time to time nominate in writing;
2. insurance for such amounts as a prudent owner or operator of the Equipment would insure for, or such amount as the Lessor may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Equipment; and
3. insurance against such other or further risks relating to the Equipment as may be required by law, together with such other insurance as the Lessor may from time to time consider reasonably necessary and advise to the Lessee.

1. ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner in accordance with any operating instructions provided by the Lessor;
2. make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment and ensure that no work is carried out to the Equipment other than by an approved service agent;
3. keep the Lessor fully informed of all material matters relating to the Equipment;
4. keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without the Lessor’s prior written consent;
5. permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
6. not, without the prior written consent of the Lessor, part with control of, sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
7. not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;
8. not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
9. not use the Equipment for any unlawful purpose;
10. ensure that at all times the Equipment remains identifiable as being the Lessor’s property;
11. deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement and to allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
12. not do or permit to be done anything which could invalidate the insurances referred to in clause 6.

1. the Lessee notifies the Lessor of any defect in writing within ten Business Days of the defect occurring or of becoming aware of the defect;
2. the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than the Lessor’s authorised personnel; and
3. the defect is directly attributable to defective material, workmanship or design or fair wear and tear.
   In the event that the Equipment is exchanged or replaced and the faults or defect is an Excluded Fault or the provisos at (a) (b) or (c) above are not satisfied then the Lessee shall be charged for labour, call out and parts at the Lessor’s current rates and price list.

• The time and temperature controls.
• Re-setting or Re-pressuring of a sealed system
• Replacement of decorative parts.
• Any domestic water supply from the hot water cylinder or gas appliance to any outlet including taps.
• Drainage
• Any defect or inadequacy attributable to the original design of the gas central heating system
• The fabric of the building or pipe work buried in it
• Any defect or damage occasioned by fire, lighting, explosion, flood, storm, tempest, frost, impact, or other extraneous causes.
• Any defect or damage occurring from a failure of the electricity, water supply or gas supply.
• Descaling and any work arising from hard water scale deposits or from damage caused by aggressive water or system sludge
• Any galvanized tanks or pipe work

1. either party’s liability for death or personal injury caused by its own negligence;
2. either party’s liability for fraud or fraudulent misrepresentation; or
3. any other liability which cannot be excluded by law.

1. loss of profit;
2. loss of revenue
3. loss of business; or
4. indirect or consequential loss or damage,

in each case, however caused, even if foreseeable.

1. the other party fails to pay any amount due under this agreement on the due date for payment;
2. the other party commits a material breach of any other term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 10 days after being notified in writing to do so;
3. the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
4. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
5. the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of the other party;
6. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company);
7. an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company);
8. the holder of a qualifying floating charge over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
9. a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
10. a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party’s assets and such attachment or process is not discharged within 14 days; or
11. the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.

1. the Lessor’s consent to the Lessee’s possession of the Equipment shall terminate and the Lessor may, by its authorised representatives, on giving the Lessee not less than 3 months’ written notice, retake possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located; and
2. without prejudice to any other rights or remedies of the Lessee, the Lessee shall pay to the Lessor on demand:
   (i) all Rental Payments and other sums due but unpaid at the date of such demand together with any interest accrued pursuant to clause 4.4;
   (ii) any costs and expenses incurred by the Lessor in recovering the Equipment and/or in collecting any sums due under this agreement (including any storage, insurance, repair, transport, legal and remarketing costs).

1. to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 13; and
2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

1. delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
2. sent by fax to its main fax number;
3. or by email.

1. if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
3. if sent by fax, at 9.00 am on the next Business Day after transmission
4. if sent by email at 9.00 am on the next Business Day after transmission.