Definitions

 

  1. Vinayak Digital World is hereinafter referred to as the “Owner”
  2. Party entering into a rental agreement with the Owners is hereinafter referred to as the “Hirer”
  3. The equipment which is provided to the Hirer under the Rental Contract includes all physical items of hardware, cables, documentation, accessories and packing delivered to the Hirers hereinafter referred to as the “Equipment”. The exact equipment for purposes of this contract is mentioned in the schedule attached and subsequent purchase orders to be issued by the hirer.
  4. “The Contract” means the contract between the Owner and the Hirer for the supply and rental of the Equipment
  5. “Rental” is the provision of the Equipment by the Owners to the Hirer for the Hirer’s use for an agreed period and at an agreed cost and subject to these Terms & Conditions.

 

Rental Period

 

  • The Contract shall commence from the date of delivering and installing the products requested.
  • The Contract shall be valid for a no. of period from the date of commencement. It shall be extendable automatically on mutually agreed terms unless otherwise specified in writing.
  • This would be a generalized agreement for all equipment provided for rent during the period of this agreement.
  • Charges for the hire of the Equipment shall be payable monthly rates specified in the purchase orders issued. The period of hire shall be mentioned in respective purchase orders.
  • Should the Equipment not be made available for collection by the Hirer upon the contractually agreed termination date, the Hirer is responsible for continued costs at the relevant rates as detailed in the Contract.
  • Hirer shall rent the equipment for a minimum of period from the date of delivery. Should the Hirer return or make the Equipment available mid term, the Owner reserves the right to charge the Hirer rental for the entire no. of period.
  • All charges are inclusive of transportation to and from the Hirers site and exclusive of insurance. Insurance shall be the responsibility of hirer.

 

Payment

 

  • Hirer shall pay monthly rentals within 30 days of invoice submission.
  • Failure to remit payment of the rentals may, at the discretion of Owner, result in the termination of the Rental Contract.
  • Late payments, during the agreed Rental Contract, will incur an ‘interest’ penalty, charged at 2.5% and calculated on a monthly basis.

 

References

  • Prior to accepting any order, the Owners may at their discretion request references

 

Acceptance

  • The Hirer shall satisfy himself that the Equipment as supplied corresponds to the delivery note and is in working order. Any part of the Equipment found to be faulty, or not found to correspond with the delivery schedule, shall be notified to the Owners within one working day of receipt of the Equipment. Failure to do so will render the Hirer responsible for the payment of the hire up to the time of notification.

 

Suitability

  • It is the Hirer’s responsibility to ensure that the Equipment as supplied is, if necessary, compatible with existing installations, and is suitable for all the Hirer’s requirements

 

Substitution

  • The Owners reserve the right to substitute the Equipment proposed for the Rental with alternative Equipment of an equal or higher specification. On termination of the Rental the Hirer may not substitute any Equipment delivered by the Owner.

 

Equipment Location

  • The location of the Equipment, during the Rental, should remain at the delivery address and should only be relocated upon completion of a ‘change of location’ contract.
  • The Owners should be granted access to the premises where the Equipment is located at all reasonable times and with reasonable notice to inspect, maintain or remove the Equipment under the terms stipulated herein.

 

Modification to Equipment

 

  • The Equipment shall not be altered, modified or adjusted without the Owners’ prior written consent.
  • The owner’s responsibility is limited to providing hardware only. It shall be the responsibility of the hirer to install and use any software(s) required to run the equipment for their business.

 

Care of Equipment

  • The Hirer shall at his own expense keep the Equipment in good condition and not subject it to any misuse or wear and tear over that consistent with normal and reasonable use. Maintaining where applicable the manufacturers’ recommendations.
  • In addition to the aforementioned, in the case of monitors, the Owner will not accept any form of screen burn, under the classification of misuse, and will charge the Hirer the cost of a replacement unit

 

Equipment Failure

  • In the event of Equipment failure the Owner requests immediate notice from the Hirer. Should the Hirer not provide the Owner with the opportunity to rectify the failure, the Owner reserves the right to pass on the full rental costs.
  • Should the Equipment failure prove to be due to misuse or the fault of the Hirers existing Equipment, the Owner reserves the right to pass on the said repair costs and engineering charges to the Hirer.
  • The Owner, in the event of Equipment failure, will make every endeavor to repair or replace said Equipment with the same or comparable, within two working days, at no charge to the Hirer.

 

Loss & Damage

  • During the Rental it is the responsibility of the Hirer to insure against both Loss & Damage of the Equipment
  • In the event of any loss or damage it is the responsibility of the Hirer to notify the Owner immediately in writing
  • It is the responsibility of the Hirer to make good to the Owner all loss or damage to the Equipment.
  • It is the responsibility of the Hirer, upon termination of the Contract, to keep all Equipment safe and free from damage until collection is made by the Owner or the Owners agent
  • Upon return of the Equipment the Owners will inspect the Equipment for any loss or damage. If any loss or damage is discovered, other than fair wear and tear, then the Owners shall notify the Hirer of such loss or damage within a reasonable time.
  • The Hirer shall be responsible for compensating the Owners for any costs incurred in repairing or replacing the Equipment and any loss of revenue to the Owners whilst the Equipment is not available for hire.
  • In the event the Hirer disputes the costs or liability and wishes to inspect the Equipment, the Hirer must give notice in writing of his intentions within 48hours of the Owners initial report. The Hirer must then inspect the Equipment within 7 days of giving notice of his intentions, otherwise the Hirer must accept the valuation costs notified to him by the Owners

 

Termination by the Owners

 

  • Either party can terminate the contract by giving 1 months notice after the lockin period.
  • The Owners may terminate the Rental if the Hirer is in breach of these Terms & Conditions, or is in default of any payment due, or in the Owners view may become in breach or default during the period of Rental.
  • In the event of the Owners terminating the Rental they shall be entitled to enter the Hirer’s premises and remove the Equipment without notice to the Hirer. The Owners are hereby indemnified by the Hirer in respect of any damage or loss to the Hirer or any third party resulting from the exercise of the Owners of their rights herein reserved. This shall include the Owners recovering all amounts outstanding and payable as a result of such action.

 

Liability

  • The Hirer expressly acknowledges that the Owners are not the original manufacturer or supplier of the Equipment, and that the Equipment has been selected by the Hirer as suitable for its purpose. The Hirer accordingly agrees and acknowledges that all conditions, warranties or representations whether express or implied or statutory or otherwise in respect of the Equipment or its fitness for any particular purpose are hereby expressly excluded.
  • The Owner accepts no liability for any damage, loss, injury, or death or from any claim or proceedings arising from the said rental contract, other than where death or personal injury arises from our proven negligence
  • The Owner shall not be liable for repairing, maintaining or replacing equipment which is used in conjunction with the Equipment, which is not subject to this agreement

 

Ownership

  • The Equipment is and shall remain the sole property of the Owners.

 

Governance & Dispute

  • Any dispute between the Owners and the Hirer arising from the Rental of the Equipment or these Terms & Conditions shall be subject to Indian Law.
  • This agreement shall be governed by and construed in accordance with the laws of Delhi. Only the courts in Delhi shall have jurisdiction to deal with any matters under this agreement.

 

 

Packaging

  • All packaging supplied with the Equipment shall be held by the Hirer during the period of the Rental and shall be used to re-pack the Equipment for its safe return to the Owners.
  • If the original packaging is not used for the safe return of the goods, the Owner will not accept liability for any damage incurred to the Equipment during transportation. The Owner will undertake to report the damage to the Hirer within 24-hours of its arrival back to the Owner premises.