Hallmark vending

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TERMS AND CONDITIONS OF RENTAL AGREEMENT

The words “you” and its derivatives are used to mean the Hirer and the words “we” and its derivatives are used to mean the Owner.

 

1. We will:

i) Supply the machine/s as requested by the client, which at all times will remain as our property.

ii) Provide vending ingredients suitable for use in the machine/s

iii) Maintain the machine/s in working order and rectify completely free of charge including parts and labour, except for water treatment or damage caused by vandalism, faults reported during the term of this agreement, subject to 2vii) and 4v).

iv) Maintain the Vending Services Supply Standard provided by reviewing all basic commodity, labour and equipment costs associated with the appropriate charges and implement any said inflationary increases or equipment changes if and when required.

v) Provide Public Liability Insurance against damage or injury caused by the machine/s or our employees, details of which are available on request.

 

2. You will:

i) provide suitable sites for the machine/s.

ii) Provide free supplies of drinking water and power as appropriate to within three feet of each machine site as follows:

Drinking Water: By half an inch copper pipe terminating in BS 1010 stopcock

Power: As per manufacturer’s specification.

You warrant in connection with the provision of such supplies that you are aware of and will comply with the obligations imposed upon you under the Health and Safety at Work Act 1974 and all other statutory obligations in force at all times.

iii) Note for the avoidance of doubt, nothing within this contract relieves you of your obligations under the Electricity at Work Regulations 1989.

iv) Provide reasonable access facilities for our appropriate staff.

v) Clean and sanitise the machine/s as part of its normal plant cleaning service.

vi) Insure each and every machine up to the full replacement value thereof against all usual risks including loss or damage by fire and/or theft and/or vandalism. In this connection you will from time to time on request produce satisfactory evidence that such insurance is in full effective force.

vii) Agree that Hallmark Vending Ltd will be sole suppliers of product to the machine/s. The use of product from any other source will constitute a breach of the Agreement.

viii) Inform us of any machine failure.

ix) Punctually pay the rentals due because prompt payment is vital to, and is a condition of, this Agreement.

x) Not sell or part with possession of the machine/s, or transfer the benefit of this Agreement to anyone else.

 

3. Termination of Contract

a) Notice

This agreement shall remain in force for the Minimum Period shown overleaf and shall continue after the Minimum Period until terminated by either party giving three months prior notice in writing. Notice may only be given on the expiry date of the Minimum Period or any anniversary thereof.

 

b) Default

If at any time during the period of this Agreement:-

i) you fail to pay any Rental within 7 days of the date when it is due; or

ii) you fail to keep to any of your other obligations under this Agreement and do not correct that failure within 7 days of us requiring you to do so;

iii) you or any guarantor of this Agreement, being an individual, are unable to pay your debts as they fall due, become bankrupt or begin negotiations with your creditors; or

iv) you or any guarantor of this Agreement, being a company, are unable to pay your debts (as defined in the Insolvency Act 1986), go into liquidation or have a receiver or administrative receiver appointed over all or any of your assets your right to possession of the machine/s is terminated and we may make arrangements for its recovery.

 

c) Termination Payment

If we give you notice of termination as described in 3b) you will immediately pay us an amount equal to the

Following:

i) all arrears of Rentals outstanding at the date of termination;

ii) compensation for the loss of future earnings, which will be the total of the Rentals.

 

d) Return of Machine/s

When this Agreement expires, or is terminated under 3b) you must make the machine/s available for collection during usual working hours. If at the time of collection the equipment is damaged beyond normal wear and tear you must pay us all costs reasonably incurred to return the equipment in its original state.

 

 

4. Miscellaneous

i) Payment to be made within 30 days following the Invoice

ii) The exact position the machine/s will occupy shall be mutually agreed between you and us and it/they shall not be disconnected, moved or re-sited without our written approval.

iii) We shall have the exclusive right to supply the services specified in this Agreement in respect of the machine/s. You shall not permit any person not authorised by us to alter the location of, tamper, or interfere with or carry out repairs or alterations to the appearance or operations of the machine/s.

iv) You hereby grant to us the exclusive right to provide a drinks vending service at the premises where the machine/s are installed for the duration of this Agreement unless otherwise agreed in writing by both parties.

v) Technical faults resulting from user error, abuse of the machine/s including using the machine/s in a manner for which it/they were not designed, and any losses accrued therefrom, are excluded from this Agreement.

vi) Failure by us to enforce any parts of this Agreement shall not be construed as a waiver of any of our rights herein.

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