TechPlus Ltd: Equipment Rental Agreement
Agreement Entered into on the ________ of the year _____ ___ between:
On the first Part, Mr Gabriel Mizzi, bearer of Identity card numbered _____________ and bearer of identity card numbered ____________, who in their capacity of joint owners respectively are appearing in the name and on behalf of TechPlus Ltd, with its premises at 16, Triq Salvu Bonanno, San Gwann, as duly authorized, hereinafter referred to as the “Owner”
And on the second part, Mr __________, bearer of Identity Card numbered ___________ , and residing in ____________, in his personal capacity, hereinafter referred to as the “Lessee”. The mobile number of the Lessee is that of: ________________ and the email of the lessee is ________________________.
Collectively referred to as the “Parties”.
Owner agrees to rent equipment agreed upon to Lessee and Lessee rents from Owner, subject to the terms and conditions of this Agreement. The booked equipment is listed below in table format.
Equipment Name Quantity Returned Undamaged?
Terms and Conditions of Agreement
Term of Rental Agreement
Agreement shall commence on the Effective Date agreed upon between the “Parties” and remain in full force and effect until Equipment is returned to Owner. Lessee shall return the Equipment on ________________ (date agreed upon), unless such agreement is terminated earlier consistent with the terms herein stated within the agreement or if otherwise agreed upon with the owner.
Delivery
The equipment shall be delivered or picked up on the ____________________ (specify date) and Lessee shall return/pay for delivery of the Equipment on _________________________. The fee for delivery is set at _______________.
Payment
The Lessee shall pay the following charge as agreed upon with the Owner:
€ ______ per day for _______ days
Lessee shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
a) charges for optional services, if any;
b) applicable taxes;
c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
d) a €20 charge per day for late return of the Equipment or the highest amount allowable under law;
e) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
f) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
i) all costs incurred to collect unpaid monies due; and
Deposit
The Lessee shall pay a Deposit of ___________ to the Owner. Such deposit is to be paid:
50% of the total cost is required upon confirmation of rental order.
A final deposit of 50% is to be settled one week prior to the event.
Late Payments
If the Lessee fails to make any installment payment within 30 days of the due date, the Lessee is liable to pay a surcharge of €10 per day for late payments.
Location of Equipment
During the Term of Agreement, the equipment is to be located at ___________________________ (insert address of where equipment will be located), unless expressly agreed upon otherwise between the Parties
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 Owner’s instructions or manuals. The Lessee is liable to any damage that arises as a result of a lack of care for such equipment subject of the agreement.
Repair and Alterations
The costs of all repairs made during the Term shall be paid by the Lessee, 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 in writing.
Restrictions of Use of Equipment
The Lessee 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
e) Sub-let such equipment without the prior consent in writing of the Owner.
Loss or Damage
Lessee shall alert Owner to any damage to the Equipment. Lessee shall be liable 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.
Condition of Equipment
The Condition of Equipment Checklist (“Checklist”) attached is hereby incorporate by reference. Lessee acknowledges that Owner and Lessee have 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.
Return of Equipment
Lessee shall return Equipment on the date specified in Section 1 in the same condition as Lessee received it, except for normal wear and tear. Lessee 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.
Cancellation of Order
Should the lessee cancel his order of such equipment during the course of the Rental Agreement, save for cases of a state of emergency, then the lessee agrees to forfeit all deposits paid by the Lessee as pre - liquidated damages, and such deposit shall in no circumstances be refunded by the Owner to the Lessee.
Termination
This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Lessee.
Liability and Indemnification
Lessee shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including Lawyer’s fees and expenses of litigation) for any property damage or personal injury arising from Lessee’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.
Ownership
Owner shall at all times retain ownership and title to the Equipment. Lessee shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Lessee 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.
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.
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.
Assignment
Lessee 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.
Applicable Law
This contract shall be governed by the laws of Malta governing contracts.
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.
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.
Lessee acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
Owner Name Owner Name
____________________ ___________________
Signature Signature
______________________ ___________________
Date Date
______________________ _____________________
Lessee Name
____________________
Signature
______________________
Date
______________________
