E-Form
Reference
First
1. THE TRANSACTION
FLIER PLE SDN BHD (“Equipment Rental House”) rents the equipment to the
Lessee, on the terms and conditions set out herein.
2. RENTAL CHARGES
Rental is charged on a daily basis (at the tariffs set out overleaf), calculated in
twenty-four hour cycles (or part thereof) from the time that the equipment
leaves the rental premises to the time of its return in an undamaged
condition. In the case of damage rental is charged until the equipment is
repaired or replaced or until the Lessee pays in terms of paragraph 4 below.
3. UNINSURED DAMAGE, LOSS OR THEFT
The Lessee is responsible for all instances of loss or theft in uninsured
circumstances (in which event the Lessee must pay an amount equal to the
full replacement value being the price of a new item). The Lessee is also
responsible for any uninsured damage to the equipment, including direct
damages (in which event the amount payable is the fair and reasonable cost
of repair) as well as special and/or consequential damages (including but not
limited to any loss of income suffered by FLIER PLE SDN BHD). Such special
and/or consequential damages are also recoverable from the Lessee in the
event of loss or theft as aforesaid. In all instances of uninsured loss or theft
or damage, the Lessee remains liable to pay the rental fee until such time as
the Lessee has paid what is due in terms of this clause.
4. COLLECTION / DELIVERY OF EQUIPMENT
The Lessee shall be responsible for collections and returns of the equipment
within the periods stipulated overleaf, all such at the exclusive cost and
expense of the Lessee. In the event that the Lessee is unable to collect,
unless otherwise specifically agreed Photo Hire can recover from the Lessee
all courier and/or transport and/or freight costs as well as a handling fee of
10 % of the total rental charge for the particular transaction. Risk passes on
delivery, and with the Lessee remaining responsible for the return of the
equipment in exactly the same condition as when it was collected/delivered in
the first place.
5: NO WARRANTIES / NO REPRESENTATIONS
FLIER PLE SDN BHD lets the equipment to be giving no warranties and
making no representations of whatsoever nature. FLIER PLE SDN BHD cannot
be held liable for any loss or damage of whatsoever nature suffered as a
result of the malfunctioning or underperformance of (or any defects in) the
equipment.
6. INDEMNITY
The Lessee indemnifies FLIER PLE SDN BHD against any claims from any third
parties that may arise from the Lessee’s use or possession of the equipment
in terms hereof (irrespective of the cause of such damage or loss and
irrespective of whether such loss or damage was caused by the equipment
itself, directly or indirectly).
7. NO SET-OFF OR COUNTERCLAIMS
Notwithstanding anything else contained herein, and should the Lessee wish
to allege that it has a claim against FLIER PLE SDN BHD which it wishes to
set-off against charges due in terms hereof, the Lessee specifically
agrees that such set-off cannot take place and that payment cannot be
deferred as a result of any alleged counterclaim. The Lessee agrees that in
such circumstances it must first pay the charges and then sue
FLIER PLE SDN BHD should it wish to recover in respect of any such alleged
claims.
9. WARRANTY OF AUTHORITY
The party signing these terms and conditions and the overleaf agreement on
behalf of the Lessee, warrants his/her authority to bind the Lessee to this
agreement.
10. NON-VARIATION PROVISIONS
The parties acknowledge that this agreement (consisting of these terms and
conditions and the agreement overleaf) is the whole agreement between the
parties, and furthermore that no variations or cancellations nor any waivers
will be valid unless reduced to writing and signed by the parties.