Terms & Conditions

1. Definitions

In this Agreement, the following terms and phrases shall have the following meaning unless the context otherwise requires:
1. Agreement means this equipment hire agreement comprising of the Invoice, the Terms and Conditions, the schedules and any other documents referred to in the Invoice, the Terms and Conditions and the schedules
2. Collection Date means the date that the Owner collects the Equipment from the Customer, the date of collection is set out in the Invoice
3. Customer means the party who is hiring the Equipment from the Owner as named in the Invoice
4. Delivery Date means the date that the Customer takes delivery of the Equipment in accordance with the terms and conditions of this Agreement
5. Equipment means the equipment that the Customer will hire from the Owner in accordance with the terms of this Agreement as further described in the Invoice
6. Invoice means the Owner’s invoice attached to this Agreement
7. Owner means Innovative Hiring
8. Rental Fee means the total amount payable by the Customer for the hire of the Equipment as set out in the Invoice
9. Rental Period has the meaning given to that term in clause 2.2; and
10. Terms and Conditions means these terms and conditions of this Agreement comprising of clauses 1 to 12.

2.Equipment Hire

Subject to the terms and conditions of this Agreement, the Owner shall hire the Equipment to the Customer.
The Customer shall be entitled to use the Equipment from the Delivery Date until the Collection Date (the Rental Period) unless this Agreement is terminated earlier in accordance with its terms.

3.Delivery

Delivery of the Equipment shall be made by the Owner. The Owner shall use all reasonable endeavors to effect delivery by the date and time agreed between the Parties in the Invoice. Title and risk shall transfer in accordance with clause 4 of this Agreement.
The Owner’s count and/or decision as to the condition of the Equipment prior to dispatch and on return shall be final.

4.Liability and Indemnity

The Equipment shall at all times remain the property of the Owner, and the Customer shall have no right, title or interest in or to the Equipment save the right to possession and use of the Equipment as set out in this Agreement.
The risk of loss, theft, damage or destruction of the Equipment shall pass to the Customer on delivery. The Equipment shall remain at the sole risk of the Customer during the Rental Period and any further term during which the Equipment is in the possession, custody or control of the Customer (the Risk Period) until such time as the Equipment is collected by the Owner.
During the Rental Period and the Risk Period, the Customer shall, at its own expense, obtain and maintain the following insurances:
1. property and casualty insurance coverage in an amount necessary to fully protect the Owner and its Equipment against all claims, loss or damage of whatever nature or type; and
2. insurance against such other or further risks relating to the Equipment as may be required by law, together with such other insurance the Owner may from time to time consider reasonably necessary and advise to the Customer.
The Customer shall give immediate written notice to the Owner in the event of any loss, accident or damage to the Equipment arising out of or in connection with the Customer’s possession or use of the Equipment.
The Customer acknowledges and agrees that it shall not remove the Equipment or any part thereof from the situation and position of its installation without the consent of the Owner. The Customer grants the Owner access at all times to inspect or repair the Equipment and in the case of default to remove the Equipment. The Customer shall on no account attempt to repair the Equipment and shall notify the Owner immediately in the event of breakdown or failure of the Equipment.
The Customer acknowledges that the Owner shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any use of the Equipment by the Customer or otherwise caused by the Customer or its officers, employees, agents and/or contractors, and the Customer undertakes to indemnify the Owner on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Customer to comply with the terms of this Agreement.

5.The Customer’s responsibility in respect of the Equipment hire

The Customer shall during the term of this Agreement:
1. ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions
2. at all times keep the Equipment in the possession or control of the Customer and keep the Owner informed of its location
3. permit the Owner or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection
4. not, sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
5. not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Owner and the Customer shall at its sole expense use its best endeavors to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
6. not use the Equipment for any unlawful purpose; and
7. deliver up the Equipment at the end of the Rental Period or on earlier termination of this Agreement at such address as the Owner requires, or if necessary, allow the Owner or its representatives access to any premises where the Equipment is located for the purpose of removing the Equipment.

6.Fees and Charges

The Customer shall pay the Rental Fee to the Owner in accordance with the requirements of this clause 6 and the Invoice.
The Rental Fee shall be payable in United Arab Emirates Dirhams unless otherwise expressly provided for in the Invoice.
Unless otherwise provided for in the Invoice, at the time of booking the Equipment for hire, the Customer shall pay to the Owner a non- refundable deposit (the Deposit) which shall be an amount equal to 50% of the Rental Fee.
The balance of the Rental Fee shall be payable no later than 48 hours prior to the delivery of the Equipment. If the Customer fails to pay the balance in accordance with the requirements of this clause 6.4, the Owner reserves the right to treat the Customer’s order as cancelled and the provisions of clause 6.6 shall apply.
Payment shall be made via cash, cheque or direct deposit in accordance with the following:
1. cheques payable to Innovative Hiring
2. direct deposit to Innovative Hiring bank account, details on each invoice.
If the Customer cancels an order for the Equipment:
1. the Deposit shall be forfeited; and
2. if the order is cancelled less than 24 hours prior to the delivery of the Equipment or pursuant to clause 6.4, the Customer shall be required to pay 100% of the Rental Fee as a cancellation fee.
The Customer shall pay for all damage caused to the equipment for any reason, whether partial damage or total damage, at full replacement cost.
Any additions or amendments to the Customer’s order shall be agreed between the parties and shall be paid in accordance with the payment terms specified by the Owner and no later than the first business day after the Customer’s event (details of the event are as set out in the Invoice)
All amounts due under this Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding.
The Rental Fee applies only to the use of the Equipment by the Customer, the Customer shall be responsible for paying any tax, levy, excise duty or any other fee that may be payable in relation to the hire of the Equipment.
If the Customer fails to make any payment due the Owner under this Agreement by the due date for payment, then, without limiting the Owner’s remedies under this Agreement, the Customer shall pay interest on the overdue amount at the rate of 0.5% per working week on all outstanding amounts. Such interest shall accrue on a weekly basis (pro-rata) from the due date until actual payment of the overdue amount, whether before or after judgment.

7.Liability of the Owner

This Agreement sets forth the full extent of the Owner’s obligations and liabilities in respect of the Equipment and its hiring to the Customer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Owner except as expressly stated in this Agreement. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within this Agreement, whether by statute, common law or otherwise, is expressly excluded.

8.Media Releases

The Customer may not advertise or issue any information, publication, document or article for publication or media release or other publicity relating to the Equipment, this Agreement or the Owner’s business and/or activities without the prior written approval of the Owner.
The Owner reserves the right to take photos at event locations utilising the Owner’s equipment. Photos are taken with a focus on the Equipment and are selected with due care to exclude recognizable private property and persons. Photos may be used in publications or other media material produced, used, or contracted by the Owner.

9.Termination

Without affecting any other right or remedy available to it, the Owner may terminate this Agreement with immediate effect by giving notice to the Customer if:
1. the Customer fails to pay any amount due under this Agreement on the due date for payment and remains in default for 5 days after being notified to make such payment.
2. the Customer commits a material breach of any other term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 10 days after being notified to do so; or
3. the Customer becomes insolvent or any voluntary or involuntary petition in bankruptcy or corporate reorganization is filed by or against the Customer, or a receiver is appointed with respect to any of the assets of the Customer, or any liquidation proceedings are commenced by or against the Customer.
Notwithstanding any other provision of this Agreement the Owner may, at its sole discretion and without giving any reason, terminate this Agreement by giving 20 days written notice to the Customer.
Upon termination of this Agreement, however caused:
1. the Owner’s consent to the Customer’s possession of the Equipment shall terminate and the Owner may, by its authorized representatives, without notice and at the Customer’s expense, retake possession of the Equipment and for this purpose may enter any premises at which the Equipment is located; and
2. without prejudice to any other rights or remedies of the Owner, the Customer shall pay to the Owner on demand:
  1. any sums due but unpaid at the date of such demand together with any interest accrued; and
  2. any costs and expenses incurred by the Owner in recovering the Equipment and/or in collecting any sums due under this Agreement (including any storage, insurance, repair, transport, legal and remarketing costs).

10.Effectiveness

The Customer acknowledges and agrees that the person signing the Agreement for and on behalf of the Customer has the authority of the Customer to enter into this Agreement on the Customer’s behalf and is empowered by the Customer to bind the Customer to this Agreement.
The Customer acknowledges and agrees that by accepting the Equipment the terms and conditions set out in this Agreement shall be binding on the Customer regardless of whether this Agreement has been executed by both Parties.

11. General

Failure of either party to insist upon strict performance of any provision of this Agreement or the failure of either party to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this Agreement. No waiver of any of the provisions of this Agreement shall be effective unless it is expressly stated to be such and signed by both parties.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this Agreement shall continue in full force and effect as if this Agreement had been executed with the illegal or unenforceable provision eliminated.
Any communications to be given hereunder shall be in writing and shall be delivered by hand or sent by commercial courier to the address of the addressee as set out in this Agreement or to such other address as the addressee may from time to time have notified. Any notice shall be deemed to have been duly received:
1. if delivered personally, when left at the address; or
2. if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.
The termination of this Agreement howsoever occurring shall not affect the rights and liabilities of the parties already accrued at such time nor affect the continuance in force of such of its provisions as are expressed as or capable of having effect after such termination.
This Agreement shall not be construed so as to create a partnership or joint venture between any of the parties. Nothing in this Agreement shall be construed so as to constitute any of the parties the agent of another. Neither party shall have the right or authority to bind the other party, act on its behalf, or conclude binding contracts on its behalf.
This Agreement constitutes the entire understanding and agreement between the parties relating to the subject matter of this Agreement.
This Agreement is personal to the Customer and the Customer shall not, without the prior written consent of the Owner, assign, transfer, mortgage, charge or deal in any other manner with this Agreement or any of its rights and obligations under or arising out of this Agreement, or purport to do any of the same. The Customer shall not sub-contract or delegate in any manner any or all its obligations under this Agreement to any third party or agent.
No amendment or variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original of this Agreement, but all the counterparts shall together constitute the same Agreement.

12. Law

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (DIFC). For disputes under 1,000,000 AED in value, the parties agree to exclusively hear the matter in the Small Claims Tribunal at the DIFC Courts.
This Agreement shall be governed by and construed in accordance with the federal laws of the United Arab Emirates as applicable in the Emirate of Dubai.

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