Terms and Conditions - Rental
Renter Important Safety Warning
The Renters attention is drawn to the following;
YOU, THE RENTER MUST ENSURE THAT YOU ARE PROPERLY COVERED BY INSURANCE IN RESPECT OF ANY LIABILITY FALLING ON YOU UNDER THIS CONTRACT
1. The Renter must ensure that all users of the equipment have been instructed in the safe use and operation of the equipment and that such use is in accordance with any relevant operating and safety instructions supplied with the equipment.
(a) All electrical equipment is used in accordance with any operating and safety instructions supplied with the equipment or as instructed by the supplier
(b) All electrical equipment is connected to the correct supply with suitable plugs and sockets. Where a temporary change in plugs or sockets is required, then this must be carried out by a competent person who must also reinstate the equipment to its original condition.
(c) All electrical equipment is correctly earthed and insulated
(d) All 240v electrical equipment must be protected by an electrical circuit breaker
1.1 The owner is Nursing Hygiene Group and includes its successor in title
1.2 The Renter is the company, firm, person, corporation or public authority taking the Owner’s equipment on rental and includes their successors or personal representatives.
1.3 Equipment means plant, machinery, equipment and accessories thereto which the owner agrees to rent to the Renter under this contract.
1.4 Unless otherwise agreed in writing, the length of the rental period shall commence from the time the equipment leaves the Owner’s depot and continues until the equipment is received at the Owner’s premises, evidence of which shall be a signed and dated receipt by the Owner.
2. EXTENT OF CONTRACT
2.1 No alteration or addition to or exclusion of these conditions or any part thereof shall be effective unless agreed in writing by the Owner.
2.2 These conditions have effect in substitution for and to the exclusion of any conditions put forward by the Renter.
2.3 This contract shall be governed by and construed in accordance with the Law of England.
3. MAXIMUM PERIOD OF CONTRACT
3.1 There is a minimum chargeable rental period of 1 week but no maximum period of rental.
3.2 At the completion of any period of Rental there is a mandatory cleaning and decontamination fee for any equipment that has been rented.
4. DELIVERY IN GOOD ORDER
4.1 The equipment shall be supplied in good working order and fit for the purpose for which equipment of that kind is normally used.
4.2 The Owner does not warrant that the equipment shall be fit for any special purpose
4.3 The Renter shall satisfy himself as to the condition of the equipment supplied at the time of acceptance of the equipment by the Renter, his agent or employee.
4.4 Unless notice to the contrary is received by the Owner within twenty four hours of the supply of the equipment, the equipment shall be deemed to be supplied in good order, except for defects which could not have been discovered by reasonable examination.
5. TRANSPORTATION, LOADING AND UNLOADING
5.1 The Renter shall be responsible for the preparation and packaging and identification of the equipment for collection by the Owner as specifically required for that particular piece of equipment.
5.2 When the Renter requires the Owner to transport the equipment outside of the normal delivery schedules for that area then the transport costs shall be at the Renters expense unless otherwise agreed at the time of booking.
5.3 Any person supplied by the Owner to assist in the unloading or loading shall be deemed to
be under the Renter’s control and shall comply with all the directions of the Renter who alone shall be responsible for any damage caused to the equipment as a result of such loading and unloading.
6. UNAUTHORISED CHANGE OF SITE
6.1 The equipment must not be moved from the site to which it was delivered, or when equipment is collected by the Renter, without the written authority of the Owner.
7. UNAUTHORISED RE-RENTAL OF EQUIPMENT
7.1 The equipment, or any part thereof, shall not be re-rented, sublet, or lent to any third party without the written consent of the owner.
8. MAINTENANCE, OPERATION AND USE OF EQUIPMENT
8.1 The Renter shall ensure that before use of the equipment he will make himself fully aware of any instructional and safety literature that may be provided by the Owner and ensure that anyone using the equipment has also read such literature.
8.2 The Renter shall at all times keep himself acquainted with the state and condition of the equipment and ensure that it remains safe, serviceable and clean.
8.3 The Renter shall not use, or permit the use of the equipment for any purpose beyond its capacity or in a manner likely to result in excessive wear.
8.4 The Renter shall not make any alterations or modifications to the equipment.
8.5 The Renter acknowledges that the Renter, his agent or employee has been instructed in the safe use and operation of the equipment supplied and undertakes to ensure that any other user of the equipment will also be accordingly instructed.
9. FITTING OF ACCESSORIES
9.1 When the equipment requires the fitting or re-fitting of any accessory (which term includes, but is not confined to, patient slings, bed extensions, lifting poles and battery packs), it shall be the responsibility of the Renter to ensure that such accessory is correctly fitted in a manner so as not to render the equipment unsafe to the user and that any legislation relating to the fitting or use of such accessory is complied with.
9.2 The Renter shall be responsible for any injury or damage to persons or property arising from the incorrect or unsafe fitting or use of the accessory.
9.3 When fitting or re-fitting any accessory to the equipment the Renter undertakes to comply with the procedure to be adopted and the safety requirements to be observed when carrying out such fitting or re-fitting.
10. ACCESS BY OWNER FOR SERVICING AND INSPECTION OF THE EQUIPMENT
10.1 The Renter shall at all reasonable times allow the Owner, his agent, employees and insurers to have access to the equipment to inspect, test, repair or replace the equipment.
11. BREAKDOWN OF EQUIPMENT
11.1 Any breakdown or unsatisfactory working of the equipment must be notified to the owner immediately by the quickest means.
11.2 No rental charge will be made to the Renter from the time and date when notification is received by the Owner in respect of stoppage due to the breakdown of the equipment caused by the development of a fault not discovered by reasonable examination.
11.3 The owner accepts no liability or responsibility for any loss or damage arising from any stoppage due to the breakdown of the equipment from any cause whatsoever.
11.4 The Renter shall not repair or attempt to repair equipment unless authorized to do so by the Owner.
11.5 In the event of a breakdown in the equipment which is not readily repairable the Owner shall be entitled to substitute equipment of a similar type. If the Owner is not able to do so, the rental shall be terminated from the date of notification of the breakdown.
11.6 Where breakdown of the equipment arises from a cause other than through development of a fault not discovered by reasonable examination, all costs incurred by the Owner in repairing the equipment, including transport, shall be chargeable to the Renter.
12. NOTIFICATION OF ACCIDENTS
12.1 If the equipment is involved in any accident resulting in damage to the equipment or to other property or injury to any person the Owner must be notified immediately.
13. RENTERS RESPONSIBILITY FOR LOSS OF, OR DAMAGE TO, EQUIPMENT
13.1 During the continuance of the rental period the renter shall be liable to the Owner for the cost of all loss or damage to the equipment for any cause whatsoever, except for fair wear and tear.
13.2 In the event of loss or damage to the equipment, rental charges shall continue until such time and date as the renter pays for the cost incurred by the owner in respect of such loss or damage.
14. RENTER TO INDEMNIFY OWNER AGAINST THIRD PARTY CLAIMS
14.1 The Renter shall at all times indemnify the Owner in respect of all claims by any person whatsoever for injury to person or property by, or in connection with, or arising out of, the use of the equipment, and in respect of all costs and charges in connection therewith.
15. CONSEQUENTIAL LOSS
15.1 The Owner shall not be liable for any consequential loss or damage arising from this contract.
16. TERMINATION OF CONTRACT
16.1 When the rental is for fixed period, it shall terminate on the date that period expires. When the rental is not for a fixed period or when it is continued after the expiry of a fixed period, without any new period being agreed, either party may terminate the rental by giving to the other seven days notice in writing.
17. RETURN OF EQUIPMENT ON COMPLETION OF HIRE
17.1 The Renter shall be responsible for returning the equipment on completion of the rental in a condition equal to that at commencement of the rental, fair wear and tear excepted.
17.2 When equipment is returned a charge shall be made for the cleaning and restoration of the equipment to its condition as at the commencement of the rental. If the equipment has been exposed to MRSA, Clostridium Difficile or any other type of acquired infection, then a statement to this effect must be made on the return documents and the equipment must be sealed in a RED plastic bag. The Owner accepts no responsibility for the consequences of the Renter failing to comply with this requirement.
17.3 When equipment (or any part of the equipment) cannot be returned to the Owner at the completion of the rental owing to the loss, destruction or theft of the equipment (or such part) whether or not due to any fault of the Renter, his agent or employee, the renter shall pay to the Owner the Manufacturers current recommended selling price of that equipment (or part of the equipment) or if the machine is no longer in production, the manufacturers suggested equivalent model.
18. PAYMENT OF CHARGES
18.1 Equipment shall be rented for minimum of 1 week, which for these purposes means seven (7) days, unless specifically agreed otherwise in writing at the time of the booking.
18.2 All rental charges are payable on demand
18.3 Rental charges shall continue until such time as the equipment is returned to the Owner or until payment has been made by the Renter as described in clause 17.3
18.4 If any rental charge remain unpaid after the date on which they become payable, the Owner will be entitled to charge interest on the amount which is overdue at 4% over the base rate at the time at Lloyds Bank plc.
19. CONSUMABLE ITEMS
19.1 Any item, when supplied as a separate item by the Owner shall be paid for by the Renter in accordance with the owner’s price scale prevailing at the time of rental.
19.2 Consumable items supplied by the Owner to the Renter for use with the rented equipment shall be deemed to have been sold to the Renter at the time of supply, but the Owner, at his discretion, may refund to the Renter the price of any consumable items which have been unused and which are returned to the Owner in a suitable condition for taking back into stock.
19.3 When items are supplied for sale they remain the property of the Owner until such times as they are paid for in full to the Owner.
20. OWNERS NAME PLATES
20.1 The Renter shall not remove, deface or cover up at any time, identification or numbers on the equipment or any safety or warning notice displayed on the equipment, nor shall he put any mark on the equipment which might indicate or suggest that the equipment is not the property of the Owner.
21.2 If, at the end of the period of rental, the Owner (whose decision shall be final and binding) shall deem it necessary to replace any nameplate, identification plate, or any safety warning notice displayed on the equipment, the cost thereof shall be the sole responsibility of the Renter.
21. RENTER NOT TO DISPOSE OF EQUIPMENT
21.1 The Renter shall not sell, mortgage, charge, pledge or part with possession of, or otherwise deal with the equipment except with the written permission of the Owner.
21.2 The Renter shall protect the equipment against distress, execution or seizure.
21.3 The Renter shall indemnify the Owner against all losses, damage, costs, charges and expensesarising as a result of any failure to observe and perform the terms and conditions of this clause.
22. TERMINATION FOR BREACH OF CONTRACT
22.1 This contract of rental shall immediately be terminated without any notice of, or other action, on the part of the Owner if the Renter:
(i) defaults in payment of any sums due to the Owner for the rental of equipment or other charges; or
(ii) fails to observe and perform the terms and conditions of this contract; or
(iii) suffers any distress or execution to be levied against him or makes or proposes to make any arrangement with his creditors or, being a company goes into liquidation (other than a members voluntary liquidation); or
(iv) does, or causes to be done or permits or suffers any act or thing whereby the Owner’s right in the equipment may be prejudiced.
22.2 If this contract is terminated under this clause, it shall be lawful for the Owner to re-take possession of the equipment and, for that purpose, to enter into, or upon, any premises where that equipment may be for which purpose the Renter grants the Owner specific license.
22.3 The termination of the contract under this clause shall not affect the right of the Owner to recover from the Renter any monies due under this contract, or damages for breach of this contract.
22.4 The waiver by the Owner of any breach of any term or condition of this contract shall not prevent the subsequent use of that term or condition and shall not be deemed a waiver of any subsequent breach.
23.1 When a deposit has been paid by the Renter, the Owner shall retain the whole or part of the deposit for the purpose of setting off the same against any liability of the Renter under this contract.
24. REPAIR CHARGE
24.1 Repair to or replacement of any supplementary equipment, tools and accessories accidentallydamaged whilst in the custody or control of the Renter is chargeable to the Renter.
NHG | Aug 2014