Hire Period. 5.1 Where hire of the Hire Goods is to a Customer who is an individual (whether a consumer or otherwise) or relevant recipient of credit as defined under Article 60L of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 e.g. (a). a partnership consisting of two or three persons not all of whom are bodies corporate, or (b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership(‘Relevant Individual’), the Hire Period shall commence on the date [specified out in writing by the Supplier] (‘Hire Start Date’) and shall end on the earlier of (i) [the date specified in the Commercial Terms Schedule]; or (ii) the last day of the 3 month period commencing on the Hire Start Date (‘Option 1 Hire End Date’). For the avoidance of doubt, as the Hire Period to Relevant Individuals is no longer than 3 months, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974. 5.2 Where the Customer is not a Relevant Individual, the Hire Period shall commence on the Hire Start Date and shall end on the date specified in the Commercial Terms Schedule (‘Option 2 Hire End Date’). 5.3 On the Option 1 Hire End Date or the Option 2 Hire End Date (as applicable), the Customer shall: (i) physically return the Hire Goods into the Supplier’s possession; or (ii) make the Hire Goods available for physical repossession or collection by the Supplier [in a location specified by the Supplier], as applicable. 5.4 For the avoidance of doubt, the Hire Period shall automatically end on the Option 1 Hire End Date or the Option 2 Hire End Date, as applicable and the Customer shall not be required to pay the Rental in respect of any period in which the Hire Goods are in the Customer’s possession or control outside the Hire Period. 5.5 Notwithstanding clause 5.4, If the Customer fails to comply with its obligations in this clause 5, then it shall be liable for any financial loss which this causes the Supplier [and shall indemnify the Supplier in full and on demand in respect of any costs, liabilities, losses and expenses (including legal fees) incurred as a result].
Appears in 3 contracts
Hire Period. 5.1 Where hire The Hire Period in respect of a Container begins from the Hire Goods is to a Customer who is an individual (whether a consumer or otherwise) or relevant recipient of credit as defined under Article 60L of the Financial Services time Delivery occurs and Markets Act 2000 (Regulated Activities) Order 2001 e.g. continues until:
(a). a partnership consisting of two or three persons not all of whom are bodies corporate, or (b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership(‘Relevant Individual’), the Hire Period shall commence on the date [specified out in writing by the Supplier] (‘Hire Start Date’) and shall end on the earlier of (i) [the date specified in this Hire Agreement or otherwise recorded in documentation provided by Container Works; or
(b) the Commercial Terms Schedule]; or date the earliest of the following occurrences:
(i) the date the Container is returned by the Hirer to the premises of Container Works, provided that the Hirer has given notice under clause 13.1. If the Hirer has not given notice under clause 13.1, the Hirer is deemed to have given notice under clause 13.1 on the date the Container is returned by the Hirer and the Hirer is liable to pay the Hire Charge until the expiry date of that notice period;
(ii) the last day expiry date of the 3 month notice period commencing on in clause 13.1 of the Hire Start Date Agreement being the date this Hire Agreement is cancelled; or (‘Option 1 Hire End Date’). For iii) the avoidance of doubtdate the Container is removed by Container Works pursuant to clause 13.2, as provided that in all instances Container Works reserves the Hire Period will not end until such time as the Container is available for hire to Relevant Individuals is no longer than 3 months, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974a third party.
5.2 Where the Customer is not a Relevant IndividualThe Hirer will, subject to clause 6.3, at expiry of the Hire Period Period:
(a) with express agreement from Container Works, deliver the Container to Container Works premises (or to such other location as instructed by Container Works);
(b) arrange for removal of the Container from the Hirer’s premises to Container Works’ premises (and otherwise in consultation with Container Works);
(c) obtain Container Works’ written consent to the continuation of hire (in which case the Hirer shall commence on the Hire Start Date and shall end on the date specified in the Commercial Terms Schedule (‘Option 2 Hire End Date’pay additional hire charges, at a rate determined by Container Works, for such continued hire period).
5.3 On the Option 1 Hire End Date or the Option 2 Hire End Date (as applicable), the Customer shall: (i) physically return the Hire Goods into the Supplier’s possession; or (ii) make the Hire Goods available for physical repossession or collection by the Supplier [in a location specified by the Supplier], as applicable.
5.4 For the avoidance of doubt, the Hire Period shall automatically end on the Option 1 Hire End Date or the Option 2 Hire End Date, as applicable and the Customer shall not be required to pay the Rental in respect of any period in which the Hire Goods are in the Customer’s possession or control outside the Hire Period.
5.5 Notwithstanding clause 5.4, If the Customer Hirer fails to comply with its obligations in this clause 55.2, then it shall the Hirer will be liable for any financial loss which this causes the Supplier [and shall indemnify the Supplier in full and on demand in respect of any costsadditional charges or Service Charges (if applicable) as determined by Container Works, liabilitiesacting reasonably including without limitation, losses and expenses (including legal fees) incurred as a result].any
Appears in 1 contract
Samples: Hire Agreement
Hire Period. 5.1 Where 4.1 The Customer’s hire of the Hire Goods is to a Customer who is an individual (whether a consumer or otherwise) or relevant recipient of credit as defined under Article 60L of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 e.g. (a). a partnership consisting of two or three persons not all of whom are bodies corporate, or (b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership(‘Relevant Individual’), the Hire Period Equipment shall commence on the date [specified out in writing Commencement Date and shall continue for the Minimum Hire Period. The Customer shall be entitled to terminate this Contract at the end of the Minimum Hire Period by providing no less than 5 Business Days’ notice prior to the expiry of the Minimum Hire Period (the ‘Off-Hire Notice’).
4.2 Following the expiry of the Minimum Hire Period and provided the Customer has not issued the Off-Hire Notice, the Equipment shall remain on hire by the Supplier] Customer (the ‘Continued Hire Period’).
4.3 Together the Minimum Hire Period and the Continued Hire Period shall be the ‘Hire Start DatePeriod’.
4.4 Unless agreed otherwise, the Hirer shall continue to invoice the Customer every four weeks, in advance (in accordance with clause 5) and shall end on the earlier of (i) [the date specified in the Commercial Terms Schedule]; or (ii) the last day of the 3 month period commencing on the expiry of the Minimum Hire Start Date Period.
4.5 The Continued Hire Period shall continue unless and until terminated by the Customer on providing 5 days prior, written notice to the Hirer (the ‘Option 1 Continued Hire End DateTermination Notice’). On termination of the Hire Period and/or the Renewed Hire Period, clause 14 shall apply.
4.6 If the Customer issues the Continued Hire Termination Notice to terminate the Continued Hired Period prior to the expiry of the given month, the Rental Payment shall be calculated on a pro- rata basis as accrued up to the date of the expiry of the notice period set out in clause 4.5.
4.7 The Hirer shall, following receipt of the Off-Hire Notice and/or the Continued Hire Termination Notice (as the case may be), arrange for the Collection of the Equipment from the Delivery Address.
4.8 The Customer warrants that it shall facilitate the de-installation and Collection of the Equipment from the Delivery Address by the Hirer on the date of de-installation and Collection and shall allow access to the Delivery Address for this purpose and shall deliver up all of the Equipment. For the avoidance of doubt, as the Hire Period to Relevant Individuals is no longer than 3 months, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.
5.2 Where the Customer is not a Relevant Individual, the Hire Period shall commence on the Hire Start Date and shall end on the date specified in the Commercial Terms Schedule (‘Option 2 Hire End Date’).
5.3 On the Option 1 Hire End Date or the Option 2 Hire End Date (as applicable), the Customer shall: (i) physically return the Hire Goods into the Supplier’s possession; or (ii) make the Hire Goods available for physical repossession or collection by the Supplier [in a location specified by the Supplier], as applicable.
5.4 For the avoidance of doubt, the Hire Period date and time for de-installation and Collection of the Equipment shall automatically end be subject to clause 4.9 and an estimate only. The date and time for de-installation and/or Collection may be subject to change by the Hirer. Time for de-installation and Collection shall not be of the essence.
4.9 Unless the Hirer (in its sole and absolute discretion) has agreed that the Customer may de-install the Equipment prior to Collection, the Hirer shall de-install the Equipment on or prior to Collection. The Hirer makes no guarantee that the Equipment shall be Collected on the Option 1 day of de- installation and Collection may be arranged after de-installation. Without prejudice to clause 4.8, the times and dates of Collection and de-installation shall be subject to the Hirer’s availability and as communicated by the Hirer to the Customer.. The cost of de-installation shall not be included in the Rental Payment and shall be chargeable separately by the Hirer at the cost notified by the Hirer to the Customer from time to time.
4.10 The Customer shall not be entitled to make use of the Equipment following the expiry of the Off- Hire End Date or Notice and/or Continued Hire Notice and before the Option 2 Hire End DateEquipment is Collected. However, as applicable and the Customer shall not be required to pay the Rental in respect of charged for any period in which that the Hire Goods are in Equipment remains on the Customer’s possession or control outside Site whilst Collection is being arranged by the Hire PeriodHirer.
5.5 Notwithstanding clause 5.4, If the 4.11 The Customer fails to comply with its obligations in this clause 5, then warrants that it shall be liable for any financial loss which this causes maintain in effect all insurance, pursuant to clause 9, until such time that the Supplier [and shall indemnify Equipment is actually Collected by the Supplier in full and on demand in respect of any costs, liabilities, losses and expenses (including legal fees) incurred as a result]Hirer from the Customer’s Site.
Appears in 1 contract
Samples: Equipment Hire Agreement
Hire Period. 5.1 Where hire of the Hire Goods is to a Customer who is an individual (whether a consumer or otherwise) or relevant recipient of credit as defined under Article 60L of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 e.g. (a). a partnership consisting of two or three persons not all of whom are bodies corporate, or (b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership(‘Relevant Individual’), the Hire Period shall commence on the date [specified out in writing by the Supplier] (‘Hire Start Date’) and shall end on the earlier of (i) [the date specified in the Commercial Terms Schedule]; or (ii) the last day of the 3 month period commencing on the Hire Start Date (‘Option 1 Hire End Date’). For the avoidance of doubt, as the Hire Period to Relevant Individuals is no longer than 3 months, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.
5.2 Where the Customer is not a Relevant Individual, the Hire Period shall commence on the Hire Start Date and shall end on the date specified in the Commercial Terms Schedule (‘Option 2 Hire End Date’).
5.3 On the Option 1 Hire End Date or the Option 2 Hire End Date (as applicable), the Customer shall: (i) physically return the Hire Goods into the Supplier’s possession; or (ii) make the Hire Goods available for physical repossession or collection by the Supplier [in a location specified by the Supplier], as applicable.
5.4 For the avoidance of doubt, the Hire Period shall automatically end on the Option 1 Hire End Date or the Option 2 Hire End Date, as applicable and the Customer shall not be required to pay the Rental in respect of any period in which the Hire Goods are in the Customer’s possession or control outside the Hire Period.
5.5 Notwithstanding clause 5.4, If the Customer fails to comply with its obligations in this clause 5, then it shall be liable for any financial loss which this causes the Supplier [and shall indemnify the Supplier in full and on demand on
6.1 Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in respect the Hire Goods except the right to possession and use of the Hire Goods subject to the terms and conditions of the Contract.
6.2 The Customer must not deal with the ownership or any costsinterest in the Hire Goods. This includes but is not limited to selling, liabilitiesassigning, losses mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. However, the Customer may re-hire the Hire Goods to a third party provided that it has the prior written consent of the Supplier.
6.3 Risk in the Hire Goods will pass immediately to the Customer when the Hire Goods leave the physical possession or control of the Supplier. The Hire Goods shall remain at the sole risk of the Customer during the Hire Period and expenses any further term during which the Hire Goods is in the possession, custody or control of the Customer (including legal fees‘Risk Period’) incurred until such a time as a result]the Hire Goods are redelivered back into the physical possession of the Supplier.
6.4 During the Hire Period and the Risk Period, the Customer shall, at its own expense, obtain and maintain the following insurances:
Appears in 1 contract
Samples: Contract
Hire Period. 5.1 Where
4.1 The Customer’s hire of the Hire Goods is to a Customer who is an individual (whether a consumer or otherwise) or relevant recipient of credit as defined under Article 60L of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 e.g. (a). a partnership consisting of two or three persons not all of whom are bodies corporate, or (b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership(‘Relevant Individual’), the Hire Period Equipment shall commence on the date [specified out in writing Commencement Date and shall continue for the Minimum Hire Period. The Customer shall be entitled to terminate this Contract at the end of the Minimum Hire Period by providing no less than 5 Business Days’ notice prior to the expiry of the Minimum Hire Period (the ‘Off-Hire Notice’).
4.2 Following the expiry of the Minimum Hire Period and provided the Customer has not issued the Off-Hire Notice, the Equipment shall remain on hire by the Supplier] Customer (the ‘Continued Hire Period’).
4.3 Together the Minimum Hire Period and the Continued Hire Period shall be the ‘Hire Start DatePeriod.’
4.4 Unless agreed otherwise, the Hirer shall continue to invoice the Customer every four weeks, in advance (in accordance with clause 5) and shall end on the earlier of (i) [the date specified in the Commercial Terms Schedule]; or (ii) the last day of the 3 month period commencing on the expiry of the Minimum Hire Start Date Period.
4.5 The Continued Hire Period shall continue unless and until terminated by the Customer on providing 5 days prior, written notice to the Hirer (the ‘Option 1 Continued Hire End DateTermination Notice’). On termination of the Hire Period and/or the Renewed Hire Period, clause 14 shall apply.
4.6 If the Customer issues the Continued Hire Termination Notice to terminate the Continued Hired Period prior to the expiry of the given month, the Rental Payment shall be calculated on a pro- rata basis as accrued up to the date of the expiry of the notice period set out in clause 4.5.
4.7 The Hirer shall, following receipt of the Off-Hire Notice and/or the Continued Hire Termination Notice (as the case may be), arrange for the Collection of the Equipment from the Delivery Address.
4.8 The Customer warrants that it shall facilitate the de-installation and Collection of the Equipment from the Delivery Address by the Hirer on the date of de-installation and Collection and shall allow access to the Delivery Address for this purpose and shall deliver up all of the Equipment. For the avoidance of doubt, as the Hire Period to Relevant Individuals is no longer than 3 months, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.
5.2 Where the Customer is not a Relevant Individual, the Hire Period shall commence on the Hire Start Date and shall end on the date specified in the Commercial Terms Schedule (‘Option 2 Hire End Date’).
5.3 On the Option 1 Hire End Date or the Option 2 Hire End Date (as applicable), the Customer shall: (i) physically return the Hire Goods into the Supplier’s possession; or (ii) make the Hire Goods available for physical repossession or collection by the Supplier [in a location specified by the Supplier], as applicable.
5.4 For the avoidance of doubt, the Hire Period date and time for de-installation and Collection of the Equipment shall automatically end be subject to clause 4.9 and an estimate only. The date and time for de-installation and/or Collection may be subject to change by the Hirer. Time for de-installation and Collection shall not be of the essence.
4.9 Unless the Hirer (in its sole and absolute discretion) has agreed that the Customer may de-install the Equipment prior to Collection, the Hirer shall de-install the Equipment on or prior to Collection. The Hirer makes no guarantee that the Equipment shall be Collected on the Option 1 day of de- installation and Collection may be arranged after de-installation. Without prejudice to clause 4.8, the times and dates of Collection and de-installation shall be subject to the Hirer’s availability and as communicated by the Hirer to the Customer. The cost of de-installation shall not be included in the Rental Payment and shall be chargeable separately by the Hirer at the cost notified by the Hirer to the Customer from time to time.
4.10 The Customer shall not be entitled to make use of the Equipment following the expiry of the Off- Hire End Date or Notice and/or Continued Hire Notice and before the Option 2 Hire End DateEquipment is Collected. However, as applicable and the Customer shall not be required to pay the Rental in respect of charged for any period in which that the Hire Goods are in Equipment remains on the Customer’s possession or control outside Site whilst Collection is being arranged by the Hire PeriodHirer.
5.5 Notwithstanding clause 5.4, If the 4.11 The Customer fails to comply with its obligations in this clause 5, then warrants that it shall be liable for any financial loss which this causes maintain in effect all insurance, pursuant to clause 9, until such time that the Supplier [and shall indemnify Equipment is actually Collected by the Supplier in full and on demand in respect of any costs, liabilities, losses and expenses (including legal fees) incurred as a result]Hirer from the Customer’s Site.
Appears in 1 contract
Samples: Equipment Hire Agreement
Hire Period. 5.1 Where hire The Hire Period in respect of a Container begins from the Hire Goods is to a Customer who is an individual (whether a consumer or otherwise) or relevant recipient of credit as defined under Article 60L of the Financial Services time Delivery occurs and Markets Act 2000 (Regulated Activities) Order 2001 e.g. continues until:
(a). a partnership consisting of two or three persons not all of whom are bodies corporate, or (b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership(‘Relevant Individual’), the Hire Period shall commence on the date [specified out in writing by the Supplier] (‘Hire Start Date’) and shall end on the earlier of (i) [the date specified in this Hire Agreement or otherwise recorded in documentation provided by Container Works; or
(b) the Commercial Terms Schedule]; or date the earliest of the following occurrences:
(i) the date the Container is returned by the Hirer to the premises of Container Works, provided that the Hirer has given notice under clause 13.1. If the Hirer has not given notice under clause 13.1, the Hirer is deemed to have given notice under clause 13.1 on the date the Container is returned by the Hirer and the Hirer is liable to pay the Hire Charge until the expiry date of that notice period;
(ii) the last day expiry date of the 3 month notice period commencing on in clause 13.1 of the Hire Start Date Agreement being the date this Hire Agreement is cancelled; or
(‘Option 1 Hire End Date’). For iii) the avoidance of doubtdate the Container is removed by Container Works pursuant to clause 13.2, as provided that in all instances Container Works reserves the Hire Period will not end until such time as the Container is available for hire to Relevant Individuals is no longer than 3 months, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974a third party.
5.2 Where the Customer is not a Relevant IndividualThe Hirer will, subject to clause 6.3, at expiry of the Hire Period Period:
(a) with express agreement from Container Works, deliver the Container to Container Works premises (or to such other location as instructed by Container Works);
(b) arrange for removal of the Container from the Hirer’s premises to Container Works’ premises (and otherwise in consultation with Container Works);
(c) obtain Container Works’ written consent to the continuation of hire (in which case the Hirer shall commence on the Hire Start Date and shall end on the date specified in the Commercial Terms Schedule (‘Option 2 Hire End Date’pay additional hire charges, at a rate determined by Container Works, for such continued hire period).
5.3 On the Option 1 Hire End Date or the Option 2 Hire End Date (as applicable), the Customer shall: (i) physically return the Hire Goods into the Supplier’s possession; or (ii) make the Hire Goods available for physical repossession or collection by the Supplier [in a location specified by the Supplier], as applicable.
5.4 For the avoidance of doubt, the Hire Period shall automatically end on the Option 1 Hire End Date or the Option 2 Hire End Date, as applicable and the Customer shall not be required to pay the Rental in respect of any period in which the Hire Goods are in the Customer’s possession or control outside the Hire Period.
5.5 Notwithstanding clause 5.4, If the Customer Hirer fails to comply with its obligations in this clause 55.2, then it shall the Hirer will be liable for any financial loss which this causes the Supplier [and shall indemnify the Supplier in full and on demand in respect of additional charges or Service Charges (if applicable) as determined by Container Works, acting reasonably including without limitation, any costs, liabilities, losses and expenses (including legal fees) incurred charges payable as a result]result of the delay in the return of the Container.
Appears in 1 contract
Samples: Hire Agreement
Hire Period. 5.1 Where hire of the Hire Goods is to a Customer who is an individual (whether a consumer or otherwise) or relevant recipient of credit as defined under Article 60L of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 e.g. (a). a partnership consisting of two or three persons not all of whom are bodies corporate, or (b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership(‘Relevant Individual’), the Hire Period shall commence on the date [specified out in writing by the Supplier] (‘Hire Start Date’) and shall end on the earlier of (i) [the date specified in the Commercial Terms Schedule]; or (ii) the last day of the 3 month period commencing on the Hire Start Date (‘Option 1 Hire End Date’). For the avoidance of doubt, as the Hire Period to Relevant Individuals is no longer than 3 months, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.
5.2 Where the Customer is not a Relevant Individual, the Hire Period shall commence on the Hire Start Date and shall end on the date specified in the Commercial Terms Schedule (‘Option 2 Hire End Date’).
5.3 On the Option 1 Hire End Date or the Option 2 Hire End Date (as applicable), the Customer shall: (i) physically return the Hire Goods into the Supplier’s possession; or (ii) make the Hire Goods available for physical repossession or collection by the Supplier [in a location specified by the Supplier], as applicable.
5.4 For the avoidance of doubt, the Hire Period shall automatically end on the Option 1 Hire End Date or the Option 2 Hire End Date, as applicable and the Customer shall not be required to pay the Rental in respect of any period in which the Hire Goods are in the Customer’s possession or control outside the Hire Period.
5.5 Notwithstanding clause 5.4, If the Customer fails to comply with its obligations in this clause 5, then it shall be liable for any financial loss which this causes the Supplier [and shall indemnify the Supplier in full and on demand in respect of any costs, liabilities, losses and expenses (including legal fees) incurred as a result].
6.1 Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except the right to possession and use of the Hire Goods subject to the terms and conditions of the Contract.
6.2 The Customer must not deal with the ownership or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. However, the Customer may re-hire the Hire Goods to a third party provided that it has the prior written consent of the Supplier.
6.3 Risk in the Hire Goods will pass immediately to the Customer when the Hire Goods leave the physical possession or control of the Supplier. The Hire Goods shall remain at the sole risk of the Customer during the Hire Period and any further term during which the Hire Goods is in the possession, custody or control of the Customer (‘Risk Period’) until such a time as the Hire Goods are redelivered back into the physical possession of the Supplier.
6.4 During the Hire Period and the Risk Period, the Customer shall, at its own expense, obtain and maintain the following insurances:
Appears in 1 contract
Samples: Contract
