Rental terms and conditions
EQUIPMENT HIRE AGREEMENT
THIS EQUIPMENT HIRE AGREEMENT (this "Agreement") dated (The date which you have selected)
BETWEEN:
Envy Night Vision Ltd.
(the "Owner")
OF THE FIRST PART
- AND -
You
(the "Hirer")
OF THE SECOND PART
(the Owner and Hirer are collectively the "Parties")
IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the Equipment to the Hirer, and the Hirer leases the Equipment from the Owner on the following terms:
Definitions
The following definitions are used but not otherwise defined in this Agreement:
"Casualty Value" means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment 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 Equipment.
"Equipment" means (Dependant on package hired) Night Vision Device (Blemed Gen 2 White Phosphorous tubes in MU-3 housing), Ops core Shroud, Wilcox G24 mount, J arm, Bridge Mount, Lanyard, FMA Maritime Helmet, FMA counter-weight pouch, FMA laser/illumination module.
"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.
"You" The Hirer
Lease
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 out in this Agreement.
Term
The Agreement commences on 27 September 2019 and will continue until 30 September 2019 (the "Term").
Rent and Deposit
The rent will be paid in advance, before taking possession of the Equipment. The rent will be agreed upon at time of purchase.
The Hirer will pay a security deposit of £200.00 (the "Deposit") before taking possession of the Equipment. The Owner will refund the Deposit to the Hirer at the end of the Term provided that the Hirer has performed all of the Hirer's obligations under this Agreement.
Delivery of Equipment
The Owner will, at the Owner's own expense and risk, deliver the Equipment to the Hirer at their home address
Use of Equipment
The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
Unless the Hirer obtains the prior written consent of the Owner, the Hirer will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
The hirer will not use the Equipment during daylight as this may cause damage to the device.
Warranties
The Equipment will be in good working order upon delivery.
The Equipment is of merchantable quality and is fit for the following purpose: To enhance ambient light during the night.
Loss and Damage
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.
If the Equipment is lost or damaged, the Hirer will continue paying Rent, will 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.
In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.
Ownership, Right to Lease and Quiet Enjoyment
The Equipment is the property of the Owner and will remain the property of the Owner.
The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
The Owner warrants that the Owner has the right to lease the Equipment according to the terms in this Agreement.
The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Hirer's quiet and peaceful possession of the Equipment or the Hirer's unrestricted use of the Equipment for the purpose for which the Equipment was designed.
Surrender
At the end of the Term or upon earlier termination of this Agreement, the Hirer will return the Equipment at the Hirer's cost, expense and risk to the Owner by delivering the Equipment to. 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 pay to the Owner any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 100% of the Casualty Value, at which point ownership of the Equipment will pass to the Hirer.
Insurance
The Hirer will, during the whole of the Term and for as long as the Hirer has possession of the Equipment, take out, maintain and pay for insurance against loss of and damage to the Equipment for the full replacement value of the Equipment and will name the Owner as the loss payee.
The insurance will be in the joint name of the Owner and the Hirer so that both the Owner and the Hirer will be protected from liability and will provide primary and non-contributing coverage for the Owner. The insurance policy will have a provision that it will not be modified or cancelled unless the insurer provides the Owner with thirty (30) days written notice stating when such modification or cancellation will be effective.
Upon written demand by the Owner, the Hirer will provide the Owner with an original policy or certificate evidencing such insurance.
The Hirer appoints the Owner as the Hirer's attorney-in-fact ("Attorney") with the power to maintain the above insurance and to secure payments arising out of any insurance policy required by this Agreement. The Attorney has the power to do all acts that are necessary or desirable to secure such payments.
If the Hirer fails to maintain and pay for such insurance, the Owner may, but is not obligated to, obtain such insurance, but if the Owner does obtain such insurance, the Hirer will pay to the Owner the cost of such insurance upon notification from the Owner of the amount.
Taxes
The Hirer will report and pay all taxes, fees and charges associated with the Equipment, with the use of the Equipment, and with revenues and profits arising out of the use of the Equipment, including, but not limited to, sales taxes, property taxes, and licence and registration fees. The Hirer will pay any and all penalties and interest for failure to pay any tax, fee or charge on or before the date on which the payment is due. The Hirer will pay any and all penalties and interest for failure to report required information to any taxing authority with jurisdiction over the Hirer or the Equipment. If the Hirer fails to do any of the foregoing, the Owner may, but is not obligated to, do so at the Hirer's expense.
Notwithstanding any other provision of this Agreement, the Hirer will not be required to pay any tax, fee or charge if the Hirer is contesting the validity of same in the manner prescribed by the legislation governing the imposition of same, or in the absence of a prescribed form, in a reasonable manner. However, the Hirer will indemnify and reimburse the Owner for damages and expenses incurred by the Owner arising from or related to the Hirer's failure to pay any tax, fee or charge, regardless of whether the Hirer is contesting the validity of the same or not.
If the Hirer fails to pay any and all taxes, fees, and charges mentioned in this Agreement and the Owner, on behalf of the Hirer, pays the same, the Hirer will reimburse the Owner for the cost upon notification from the Owner of the amount.
Indemnity
The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Hirer's use of the Equipment.
Default
The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement:
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.
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.
A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
Remedies
On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the "Remedies"):
Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
Apply the Deposit toward any amount owing to the Owner.
Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.
Terminate this Agreement immediately upon written notice to the Hirer.
Pursue any other remedy available in law or equity.
The Hirer is entitled to the protection and remedies available to them under the Consumer Credit Act 1974.
Renewal
The Hirer may renew this Agreement for an additional Term if the Hirer has given the Owner 5 days written notice of the Hirer's intention to renew and if the Hirer is not in default of any of the terms under this Agreement. Other than as agreed upon in writing between the Parties, the renewal will be on the same terms as this Agreement, except for this renewal clause.
Additional Clauses
The hirer will not use during daylight as this may cause damage to the device.
The Hirer must submit proof of identity and proof of address before the Equipment will be sent.
Entire Agreement
This Agreement will constitute the entire agreement between the 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
Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses:
Owner: Envy Night Vision Ltd., 9 Marchment Square, Peterborough, PE3 6QR
Hirer: You
Payment
All pound amounts in this agreement refer to pounds sterling, and all payments required to be paid under this Agreement will be paid in pound sterling unless the Parties agree otherwise.
Interest
Interest payable on any overdue amounts under this Agreement will be at a rate of 10.00 percent per annum or at the maximum rate allowed under applicable legislation, whichever is lower.
Interpretation
Headings are inserted for the convenience of the Parties only and are 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
This Agreement will be construed in accordance with and governed by the laws of England and the Parties submit to the exclusive jurisdiction of the English courts.
Severability
If there is a conflict between any provision of this Agreement and the applicable legislation of England (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. Further, any provisions that are required by the Act are incorporated into this Agreement.
If there is a conflict between any provision of this Agreement and any form of lease prescribed by the Act, that prescribed form will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with that prescribed form. Further, any provisions that are required by that prescribed form are incorporated into this Agreement.
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 provision.
General Terms
This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
Time is of the essence in this Agreement.
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.
Neither Party will be 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 its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.
Notice to Hirer
NOTICE TO THE HIRER: This is a lease. You are not buying the Equipment.
Privacy Policy
Privacy Policy for Envy night Vision LTD.
At envynightvision, accessible from envynightvision.co.uk, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by envynightvision and how we use it.
If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.
General Data Protection Regulation (GDPR)
We are a Data Controller of your information.
Envy night Vision LTD. legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect the information:
Envy night Vision LTD. needs to perform a contract with you
You have given Envy night Vision LTD. permission to do so
Processing your personal information is in Envy night Vision LTD. legitimate interests
Envy night Vision LTD. needs to comply with the law
Envy night Vision LTD. will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. Our Privacy Policy was generated with the help of GDPR Privacy Policy Generator and the App Privacy Policy Generator.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you.
The right of rectification.
The right to object.
The right of restriction.
The right to data portability
The right to withdraw consent
Log Files
envynightvision follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.
Cookies and Web Beacons
Like any other website, envynightvision uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
Privacy Policies
You may consult this list to find the Privacy Policy for each of the advertising partners of envynightvision.
Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on envynightvision, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.
Note that envynightvision has no access to or control over these cookies that are used by third-party advertisers.
Third Party Privacy Policies
envynightvision's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options. You may find a complete list of these Privacy Policies and their links here: Privacy Policy Links.
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites. What Are Cookies?
Children's Information
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
envynightvision does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
Online Privacy Policy Only
Our Privacy Policy created at GDPRPrivacyPolicy.net) applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in envynightvision. This policy is not applicable to any information collected offline or via channels other than this website. Our GDPR Privacy Policy was generated from the GDPR Privacy Policy Generator.
Consent
By using our website, you hereby consent to our Privacy Policy and agree to its terms