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.

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