1. EQUIPMENT SUBJECT TO LEASE.
Letterpress-workshop.co.uk shall rent the equipment listed to a Lessee whom must adhere to the terms and conditions within this Agreement.
2. PAYMENT TERMS.
The rental fee is based on a rate of GBP (£) per calendar month, plus any additional fees incurred. Additional charges shall be added in the event the equipment is damaged, missing any parts, maintenance. All charges shall commence from the Effective Date of this Agreement. Lessee shall pay to the Letterpress-workshop.co.uk an additional service charge for delivery/removal and installation of the equipment, as agreed. Letterpress-workshop.co.uk shall invoice the client on a monthly basis and all invoices are due upon receipt.
3. RETURNED CHEQUES/MANDATES.
The Lessee shall be charged £25.00 GBP for each cheque/mandate payment that is represented or returned to the Letterpress-workshop.co.uk for insufficient funds.
4. SECURITY DEPOSIT.
In addition to the rental fee, the Lessee shall pay a security deposit of £250.00 GBP prior to receiving any equipment and at the time this Agreement is signed. This deposit shall be returned to the Lessee upon termination of this Agreement, subject to the option of the Letterpress-workshop.co.uk to apply it against any charges or damages incurred, machinery collection fees. Any amounts refundable to the Lessee shall be paid at the time this Equipment Rental Agreement is terminated.
5. LEASE TERM.
This Equipment Rental Agreement shall begin on the above Effective Date and shall terminate 3 months from the date of notice of cancellation of termination, unless otherwise terminated in a manner consistent within these terms. At the end of the Lease term, the Lessee shall be obligated to surrender the equipment to the Letter-workshop.co.uk at the Lessee's expense. Letterpress-workshop.co.uk will organise collection of the equipment.
6. LOCATION.
The equipment shall be located during the term of this Agreement at the Lessee address, and shall not be removed from that location without the Letterpress-workshop.co.uk prior written consent.
7. CARE AND OPERATION.
The equipment may only be used and operated in a careful and proper and trained manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any.
8. INSURANCE.
The Lessee shall insure the equipment for the agreed equipment value.
9. TAXES & FEES.
During the term of this Equipment Rental Agreement, the Lessee shall pay all applicable taxes, assessments, and license and registration fees on the equipment.
10. ALTERATIONS.
Lessee shall make no alterations to the equipment without prior written consent of the Letterpress-workshop.co.uk. All alterations shall be property of the Letter-workshop.co.uk and subject to the term within. Letterpress-workshop.co.uk shall have the right to inspect the equipment during Lessee's normal business hours upon request.
11. MAINTENANCE AND REPAIR.
The Lessee shall maintain at the Lessee's cost, the equipment in good repair and operating condition, allowing for reasonable wear and tear. Such costs shall include labour, material, parts, and similar items. All machinery repairs are to be carried-out by the Letterpress-workshop.co.uk or a Letterpress-workshop.co.uk approved contractor.
12. DEFAULT.
The occurrence of any of the following shall constitute a default under this Agreement
- a. The failure to make a required payment under this Agreement when due.
- b. The violation of any other provision or requirement that is not corrected within 10 day(s) after written notice of the violation is given.
- c. The insolvency or bankruptcy of the Lessee.
13. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LESSOR SHALL NOT BE LIABLE TO LESSEE, AND LESSEE COVENANTS THAT IT SHALL NOT ASSERT A CLAIM AGAINST LESSOR, UNDER ANY LEGAL THEORY, WHETHER IN AN ACTION BASED ON A CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE PROVIDED BY STATUTE OR LAW, (i) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR STATUTORY DAMAGES, OR ANY DAMAGES RESULTING FROM LOST PROFITS, INTERRUPTION OF BUSINESS, OR LOSS OF GOODWILL, EVEN IF LESSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) FOR DAMAGES RELATED TO OR ARISING OUT OF THIS AGREEMENT IN AN AMOUNT THAT EXCEEDS THE FEES ACTUALLY PAID BY LESSOR UNDER THIS AGREEMENT. LESSEE HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. PARTIES, HEREBY ACKNOWLEDGE AND AGREE THAT ANY WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY PROVISIONS SET FORTH ABOVE HAVE BEEN NEGOTIATED AND ARE FUNDAMENTAL ELEMENTS OF BASIS OF THIS AGREEMENT.
14. DISPUTE RESOLUTION.
This Agreement and any dispute relating to this Agreement shall be governed by and interpreted in accordance within the law and Parties irrevocably agree that the courts within England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement, regardless of individual party location. Parties irrevocably submit to the exclusive jurisdiction of the federal and state courts located within the England
15. INDEMNITY.
Lessee agrees to indemnify and hold Letterpress-workshop.co.uk, its subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses suffered or incurred arising out of Lessee use of the equipment, the functionality of the equipment, or any violation of this Agreement.
16. SEVERABILITY.
In the event, that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be amended to reflect, to the greatest extent permitted under applicable law, the original intent of the Parties, and the remainder of the provisions shall remain in full force and effect.
17. WAIVER.
Either party's failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other of its rights hereunder at any later date or time.
18. FORCE MAJEURE.
With the exception of any payment obligations, neither Party shall be liable for failing to perform its obligations hereunder (other than payment obligations) were delayed or hindered by war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its reasonable control.
19. SURVIVAL.
All terms and provisions of this Agreement that should by their nature survive the termination shall so survive.
20. ENTIRE AGREEMENT.
This Agreement, including any exhibits attached hereto and made part hereof, constitutes the entire agreement between Lessor and Lessee with respect of the subject matter hereof. This Agreement supersedes any prior agreements, representations, or dealings between the Parties.