Rokm Rentals Hire Contract

THIS SEAT HIRE AGREEMENT (this “Agreement”) dated:

BETWEEN

Rafe Whysall of Rokm LTD, The Lounge, 2 Bath Street, ILKESTON, Derbyshire, DE7 8FB, trading as “Rokm Rentals”

(the “Owner”)

         AND        

Name:

Address:

Telephone:

Email:

(the “Hirer” or “Hiring Parties”)

IN CONSIDERATION OF the mutual covenants of and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the IKEA GUNDE SEATS in Black or White, to the Hirer, and the Hirer leases the IKEA GUNDE SEATS in Black or White from the Owner on the following terms:

Definitions

1. The following definitions are used but not otherwise defined in the Agreement:
   1. “Casualty Value” means the market value of the IKEA GUNDE Seats at the end of the Term or when in relation to a Total Loss, the market value the IKEA GUNDE Seats would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the IKEA Gunde Seats.
   2. “Equipment” means IKEA GUNDE Seat(s) in Black or White which has an approximate retail value of £10.00 at the time of purchase.
   3. “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.
   4. “Website” means the website “Rokm.co.uk” where online reservations and payments are taken to secure a seat rental.

Lease

2. The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set forth in this Agreement.

Term

3. The Agreement commences:

Date: ____________________ and ends: ____________________

Time Collecting: ________________ and return time: ____________________

Number of days (where a single day is any rental between 00:00 and 23:59): __________

The term is not extendable unless a new rental agreement is made by booking via the website, subject to prior availability.

Rent

4. The rent for the Equipment will be £_____ per seat with a total of _____ seats being rented. The total amount of Rent (excluding any security deposit) for the term of the rental is: £__________

Proof of Identity

5. The Hirer will produce 1 proof of Photo Identification and 1 proof of address in the form a utility or official document containing the name and address of the Hirer, unless the Photo Identification contains: Identifiable Photo, Name and Address.
6. The Hirer will be at least 18 years old by the time the Term commences.
7. Documents produced by Hirer:
   1. _______________________________
   2. _______________________________

Security Deposit:

8. The Security Deposit is a refundable deposit in the event all seats are returned by the end of the Term and without the need of any repair or replacement. In the event of repair or Total Loss, or when returning the seats beyond the last day of the Term, the Security Deposit will not be refunded. The Security Deposit is calculated at £3 per seat for 1 – 10 rented seats, or 20% of the rental value where 11 seats or more are rented for the Term.

The total Security Deposit for Term of this Agreement is: £__________ to be paid in full when making the reservation and a full refund will be initiated on the day of return having met all conditions within the Agreement via the same method of payment.

Delivery of Equipment

9. The Hirer will, at the Hire’s own expense and risk, pick up and transport the Equipment from Rokm Office, The Lounge, 2 Bath Street, ILKESTON, Derbyshire, DE7 8FB.

Use of Equipment

10. The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s recommendations, respecting the Equipment and with any applicable law, whether local or national, but not limited to environmental and copyright law. In addition, the Owner requires that the seats are:
    1. Kept dry at all times.
    2. Not exposed to naked flame.
    3. Not used with bodies exceeding the weight of 100KG as recommended by the manufacturer (but instead substituted with a second seat).
11. The Hirer will use the Equipment for the purpose of which it was designed and not for any other purpose.
12. Unless the Hirer obtains the prior written consent from the Owner, the Hirer will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removeable without damaging the capabilities or economic value of the Equipment.

Warranties

13. The Equipment will be in good working order and good condition when the Hirer collects the seats. The Equipment will be returned in the same or similar acceptable condition and the Owner accepts that general wear and tear is acceptable and will not impede the refund of the Security Deposit provided these conditions are met by the Hirer:
    1. No bending or other permanent damage to the seat legs or frame.
    2. No breaks to seat base or back rest.
    3. No permanent marks or stains including burn marks, wine, glue and ink.
14. The Owner accepts these general wear and tear conditions:
    1. Light scuff or scratch marks.
    2. Loose fixtures (screws).
    3. Hairline splits in the seat base or back rest.
    4. Stainless food or easily removeable perishable items.
    5. Water based paint marks or wipeable art materials.
    6. Stainless make up and cosmetics.
15. The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.

Loss and Damage

16. To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
17. If the Equipment is lost or damaged, and exceeds the value of the Security Deposit, the Hirer will be liable for the replacement of all affected rental equipment. The Hirer will therefore provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
18. In the event of Total Loss of the Equipment, and exceeds the value of the Security Deposit, the Hirer will provide the Owner with prompt written notice of such loss and be liable for the replacement of the Equipment, or pay the owner the value of £10.00 per seat, minus the Security Deposit, in order to promptly replace the Equipment from the manufacturer.
19. In the event that faulty items have been hired to the Hirer, the Hirer should inform Rokm Rentals immediately and the Hirer will not continue the use of the affected equipment for the remainder of the rental. The Hirer should, if necessary, arrange for the collection of a replacement at their initial costs and risk.
20. Rokm Rentals will award the full cost of renting the affected item(s) if it is found upon inspection Rokm Rentals is at fault.
21. Rokm may act in fair manner to refund appropriate amounts that covers the cost of mileage to the Hirer should they travel to replace the faulty equipment.
22. The Owner will not be liable for any cost of supplemental rentals provided by third party companies during the agreement, as a result of any undeclared faults, unless it is mutually agreed in writing.
23. Rokm Rentals will only refund the cost of hiring the faulty equipment and supplementary travel costs to replace faulty items with Rokm Rentals once the faulty items have been inspected and Rokm Rentals found to be at fault. The Hirer needs to provide a receipt for mileage travelled for any refunds to be initiated.
24. Faulty item(s) will remain the property of Rokm Rentals throughout the agreement and will be surrendered in any condition by the end of the agreement Term.
25. All claims of faulty equipment will need to be investigated fully before any refunds can be processed. Faults or damage as a result of the Hirer’s negligence will not warrant any refund and the Owner reserves the right to absorb the Security Deposit and invoice the Hirer for any additional costs needed to repair or replace. Equally, if Rokm Rentals is at fault, all necessary refunds and necessary compensation will be processed in a timely manner and the Hirer kept up to date of progress.

Ownership, Right to Lease and Quiet Enjoyment

26. The Equipment is the property of the Owner and will remain the property of the Owner.
27. The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
28. The Owner warrants that the Owner has the right to lease the Equipment according to the terms of in this Agreement.
29. The Owner warrants that as long as no Event of Default or complaint has occurred, the Owner will not disturb the Hirer’s quiet and peaceful possession of the Equipment of the Hirer’s unrestricted use of the Equipment for the purpose of which the Equipment is designed for.

Surrender (Returning Equipment)

30. At the end of the Term or upon earlier termination of this Agreement, the Hirer will return the Equipment at the Hirer’s cost and risk to the Owner by delivering the Equipment to Rokm Office, The Lounge, 2 Bath Street, ILKESTON, Derbyshire, DE7 8FB.

Penalties & Late Returns

31. If the Hirer fails to return the Equipment to the Owner at the end of the Term or any earlier termination of this Agreement, the Hirer will lose the right to their Security Deposit and be liable for any and all loss of business as a result of late returns.
    1. Late returns up to 24 hours beyond the Term: Sole discretion of the Owner whether the Security Deposit is refundable.
    2. Late returns from 24 hours after the Term period ends: The Hirer loses the right to their refundable Security Deposit and will be charged a late return fee equivalent to 10% of the charged Rental Fee in this Agreement (excluding the value of the Security Deposit) for each calendar day that elapses until the Equipment is surrendered.
    3. The Hirer will be liable to pay any loss of custom to the Owner as a direct result of late returns exceeding the 24 hour period after the Term ends, including but not limited to the cost of purchase of new Equipment to meet the needs of any customer as direct result of non-surrendered Equipment.
    4. If the Hirer makes no contact to the Owner within 7 days of the Term concluding, a report will be filed with the local police authorities. If contact is made within the 7 calendar day period of the Term concluding to advise of a return date and time, the Hirer agrees to paying all liable late fees up to the date of surrender.
    5. A Total Loss of Equipment will be considered if the Equipment is not returned within 28 calendar days of the Term concluding and the Hirer will be liable for, but not limited to, the cost of replacing the Equipment, late return fees, loss of custom to Rokm LTD and it’s Owner and any charges for debt collection.

Insurance

32. No insurance coverage for the Equipment is required under this Agreement.

Indemnity

33. The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities legal and solicitor’s fees and costs, arising out of or in connection with the Hirer’s use of the Equipment.
34. For any rental period exceeding this Agreement, the Hirer agrees to be invoiced for any and all outstanding charges relating to the late return of Equipment to Rokm LTD or the Owner beginning on and ending on the first day of the following month, or on the day the Equipment is returned to the Owner.

Default

35. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:
    1. The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.
    2. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors, or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of the United Kingdom or another competent jurisdiction.
    3. When a court order has been applied to release the Equipment after the 28 calendar day period.

Remedies

36. On the occurrence of an Event of Default, the Owner will be entitled to pursue any one of the following remedies (the “Remedies”):
    1. Declare the entire amount of Rent for the Term immediately due and payable without notice or demand to the Hirer.
    2. Commence legal proceedings to recover any overdue Rent and other obligations accrued before and after the Event of Default.
    3. Take possession of the Equipment, without demand or notice, wherever the Equipment may be located, without any court order or other process of law. The Hirer waives all reasonable damage accrued by legal retaking of possession.
    4. Terminate this Agreement immediately upon written notice to the Hirer.
    5. Pursue any other remedy available in law or equity.
37. The Hirer is entitled to the protection of and remedies available to them under the Consumer Credit Act 1974 and other applicable Hire Contract Laws in the United Kingdom.

Entire Agreement

38. This Agreement will constitute the entire agreement between the Parties (the Owner and Hiring Parties). Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.

Address for Notice

39. Service or all notices under this Agreement will be delivered personally or sent by recorded mail or courier from Rafe Whysall of Rokm LTD to the Hirer’s address listed on file from the Order and the approved proof of address documents received as the time of entering into this Agreement.

Payments

40. All pound amount in this Agreement refer to Pounds Sterling, and all payments required to be paid under this Agreement will be pain in Pound Sterling, unless otherwise agreed by both parties.

Interpretation

41. Headings are inserted for the convenience of the Parties only and not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the Masculine mean and include the Feminine and vice versa.

Governing Law

42. This Agreement will be construed in accordance with and governed by UK Law and Legislation, and the Parties submit to exclusive jurisdiction of UK courts.

Severability

43. If there is conflict between provision of this Agreement and the applicable legislation of the United Kingdom laws (the “Act”), the Act will prevail, and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Furthermore, any provisions that are required by the Act are incorporated into this Agreement.
44. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provisions.

General Terms

45. This Agreement may be executed to the counterparts. Facsimile signatures are binding and are considered to be original signatures.
46. Time is of the essence in this Agreement.
47. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assigns, as the case may be, of each Party to this Agreement.
48. Neither Party will liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond the reasonable control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as floods, and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Notice to Hirer

49. NOTICE TO THE HIRER. This is a lease. You are not buying the Equipment. Do NOT sign this Agreement BEFORE you read it. You are entitled to a completed copy of this Agreement when you sign it. You are entitled to a full refund of any payments made before accepting these terms, but in doing so, you also forfeit the lease you originally purchased. Your order information will still be held on file in either event to comply with Data Protection and UK Tax Law.

Signatures:

Signed (Owner) of Rokm LTD:            ______________________________

Printed Name:                                       RAFE WHYSALL

Date:                                                       ______________________________

Signed (Hirer):                                       ______________________________

Printed Name:                                       ______________________________

Date:                                                       ______________________________