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Lens Lab Equipment Hire agreement
Start date (First day of hire) End Date (Last day of hire). Known here as (the Term)
Agreed fee: (the Fee) Deposit taken: (the Deposit)
Equipment hired: (the equipment)
This agreement is made between Lenslab Ltd of 22 Stamford House, Haywards Heath, RH16 1FH (Owner) and the person or organisation (Renter)
1. Fees and Deposit: The Hiring Party agrees to pay Owner the Fee and the Deposit as shown above. Owner agrees to return the Deposit on return of the Equipment in satisfactory condition.
2. Location of Equipment. During the Term, Equipment shall not leave the UK, unless expressly agreed otherwise in writing by Owner.
3. Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with instructions or manuals. Equipment should not be used in rain or near water risks (unless Equipments is specifically designed to do so such as an underwater housing).
4. Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including but not limited to labour, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
9. Restrictions on Use. Renter shall not: a) permit the Equipment to be used by any person who is not authorized to use such Equipment; b) operate or use the Equipment or permit it to be operated or used in violation of law; c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
8. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment. Owner may use the Deposit to cover such Loss or Damage. If no deposit is taken Owner reserves the right to charge Renter for the cost of repair or replacement of the Equipment and any lost revenues.
9. Condition of Equipment. The Condition of Equipment Checklist attached is hereby incorporate by reference. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Return of Equipment. Renter shall return Equipment on the date specified above in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment to the agreed return location. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment. A fee of twice the daily rental fee will be charged for each day that the rental is late. Owner may take this fee from Renters card payment method without any further notice.
11. Termination. This Agreement shall terminate when the Equipment is returned to the Owner. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
12. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including solicitors fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Ownership. Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
14. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
15. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
16. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
17. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
18. Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
19. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
