Compatibility Computer System Rental Agreement - Sussex, Surrey, Kent, Hampshire, South East

System Rental Agreement

1. Rental Period – IT Equipment

Unless otherwise agreed the Rentee will return the Rented Property at the completion or termination of the Rental Agreement. The rental agreement is ongoing and indefinite. The minimum rental period shall be 3 years.

2. Payment Terms

Rent is payable in advance. Loss & Damage Waiver, delivery/pickup, installation, consumables and software loading, if required, are extra to rental charges and are payable in advance as agreed. The Rentee agrees to pay all additional invoices within 30 days. Should the Rentee fail to pay any invoice within or in accordance with the specified time then the Rentor reserves the rights to:

• cancel the Rental Agreement without notice and recover the Rented Property at cost to the Rentee.
• charge the Rentee interest at a rate of 18% per annum (1.5% accumulated monthly) and calculated from the date of invoice until paid in full.
• charge the Rentee for any costs incurred in the recovery of any debts including all legal costs on a solicitor/client basis.
• charge the Rentee retail replacement costs of a current model new item of the same brand or similar quality brand available of any Rented Property not returned to the Rentor. The Rentee agrees to pay these charges and accepts these terms and to allow entry by the Rentor or his agents to the premises where the Rented Property is present should the Rentor wish to recover it.

3. Change of Address

The Rentee will notify the Rentor without delay of any change of address or telephone number during the period of this Rental Agreement.

4. Condition of Rented Property

The Rentee acknowledges that:

1. it has examined the Rented Property before accepting it and satisfied itself that it is in good condition, is suitable for the Rentee’s purpose, functions to a high standard, produces accurate readings and complies with prescribed safety standards;
2. the Rentor has given no representation or warranty regarding the quality, fitness, safety, suitability, standard or accuracy of the Rented Property, and no person is authorised by the Rentor to do so;
3. the Rentee will look to the manufacturer, and not the Rentor, for any collateral warranty the Rentee may require in relation to the Rented Property.

5. Care of Products

The Rentee will take good care of the Rented Property. Any damage (other than fair wear and tear) will be repaired by the Rentor or its appointee and will be charged to the Rentee. The Rentor will insure all equipment. If any of the Rented Property is lost or stolen during the Rental Period, the Rentor will replace the equipment and will charge the Rentee the retail price of the lost or stolen item/s. In the event of loss or damage of the Rented Property the rental charges will continue until the Retail Price of the Rented Property is paid for in full by the Rentee.

6. Insurance

The Rentee will insure the Rented Property during the Rental Period or any extensions thereof, for all the eventualities.

7. Delivery

The delivery, installation and commissioning of the rented system is included within the rental agreement.

8. Indemnity

The Rentee indemnifies the Rentor against:

1. any loss of or damage to the Rented Property however arising;
2. liability for any death, injury or damage to any person or property arising directly or indirectly from the Rented Property or its use;
3. any claim for breach of intellectual property rights arising in connection with the Rented Property or its use;
4. any loss arising from any part of this Rental Agreement being void, voidable or unenforceable for any reason;
5. any loss or liability incurred by the Rentor resulting from possession, use or operation of the Rented property by the Rentee;
6. any liability which the Rentor may incur under any legislation by reason of the use of the Rented Property for any purpose other than as stated by the Rentee to the Rentor; provided that such loss, damage, claim or liability is not due to the Rentor’s negligence;
7. anything done by the Rentor in exercise or purported exercise of its rights under this Rental Agreement,
8. any claim affecting the Rentor’s interest in or title to the Rented Property and any action taken by the Rentor to protect such interest and title;
9. any breach by the Rentee of its obligations under this Rental Agreement including any failure to insure or adequately insure the Rented Property or take out the Loss and Damage Waiver cover referred to herein; and
10. the repossession of the Rented Property and any related storage, repair and/or sale. Each indemnity in this clause is a separate and independent obligation and continues after termination of this Rental Agreement.

9. Limitation of Liability

To the full extent permitted by law, all express and implied terms, conditions and warranties (other than those terms expressly set out in this Rental Agreement) are excluded. The Rentor is not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the Rented Property. The Rentor’s liability for anything in relation to the Rented Property and its use, including damage or economic loss, is limited to the maximum extent permitted by law. In any event the Rentor’s liability is limited, at the Rentor’s option to: (a) the replacement of the relevant Rented Property with the same or equivalent Rented Property; (b) the repair of the relevant Rented Property; or (c) reimbursement of the rent for the relevant Rented Property for the Rental Period.

10. Equipment Malfunctions

Should the Rented Property malfunction for reasons other than misuse or accidental damage, then the Rentor will repair the product at no charge to the Rentee. In the case of malfunctions or damage caused by accident or misuse the Rented property will be repaired by the Rentor or its appointee and charged to the Rentee. In the event of malfunction the Rentor reserves the right to replace the Rented Property with an equivalent system.

11. Consumables

The rental charges do not include consumable products (eg laser printer toner). The Rentee agrees to use only consumable products which are approved by the manufacturer of the Rented Property and not to use re-inked or refurbished consumables. Any consumables supplied with the Rented Property will be paid for by the Rentee.

12. Taxes and Government Charges

Unless otherwise specified the rental charges shall exclude all taxes. Should additional taxes or government charges be introduced or the rate of any applicable tax or government charge change then the Rentor reserves the right to adjust the rental charges to include such changes or new taxes or government charges.

13. Software

13.1 If any Operating System or Application Software is included in the Rental Agreement then the Rentee guarantees that the only copies of these made will be for the purpose of security back-up.

13.2 Where the Rentee has requested the Rentor to install Software other than the Operating System on the Rented Property, the Rentee declares that they are the holder of a legitimate licence to the Software, and have the right to install the Software. The Rentee agrees to indemnify and keep indemnified the Rentor from any loss or damage arising from or in connection with the installation or use of the Software.

14. Microsoft End User License Agreement

The Rentee hereby acknowledges that its use of the Microsoft Products accompanying the Rented Property is governed by the applicable Microsoft End User License Agreement attached hereto.

15. Severance

If any term or condition of this Rental Agreement or the application thereof is or becomes invalid or unenforceable or there is any error or omission in the information, the remaining terms and conditions and information shall not be affected thereby and each and every term and condition of this Rental Agreement shall be valid and enforceable to the fullest extent permitted by law.

16. Cancellation of orders

If cancellation occurs within 48 hours of the delivery date, the Rentee shall incur a cancellation charge equal to half the Rental Charges.

17. Definitions

In this Rental Agreement unless the context otherwise requires the expressions:

1. Rentee shall mean and include the Rentee and each of them and where appropriate their respective directors, shareholders, representatives, transferees and assigns.
2. Rentor shall mean and include the person, firm or corporation trading as Compatibility Ltd and entering into this Rental Agreement as Rentor and its transferees and assigns.
3. Rented Property shall mean all property including but not limited to computer equipment provided to the Rentee by the Rentor.
4. Words importing a singular number or plural number shall include plural number and singular number respectively
5. Words importing the masculine or neuter gender shall include every gender.
6. Rental Period shall mean the duration for which the Rentor has agreed to provide the Rented Property in accordance with the terms and conditions of this Rental Agreement.

Microsoft UK Rental Programme - NOTICE TO USER

TERMS OF USE OF SOFTWARE FOR RENTAL COMPUTERS.
THIS COMPUTER SYSTEM CONTAINS ONE OR MORE MICROSOFT PRODUCTS WHICH ARE LICENSED TO HIRE INTELLIGENCE INTERNATIONAL LTD. AS A CUSTOMER OF HIRE INTELLIGENCE INTERNATIONAL LTD, THE RENTAL/LEASE AGREEMENT UNDER WHICH A RENTAL COMPUTER IS BEING PROVIDED TO YOU REQUIRES THAT EACH USER OF A RENTAL COMPUTER IS BOUND BY THE FOLLOWING TERMS OF USE OF SOFTWARE FOR RENTAL COMPUTERS.

1. USE OF THE MICROSOFT PRODUCTS. Your use of the Microsoft software product(s) identified above ("SOFTWARE") is limited to use only on the Rental Computer on which it was installed by the company renting or leasing the computer. The SOFTWARE may not be transferred to another computer. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD ROM, or other storage device) of that computer.

2. COPYRIGHT. The SOFTWARE is owned by Microsoft or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording). You may not copy the software or written materials accompanying the SOFTWARE.

3. OTHER RESTRICTIONS. You may not:

• rent or lease or otherwise make the SOFTWARE available to any other person or entity;
• reverse engineer, decompile, or disassemble the SOFTWARE; or
• make any use of the SOFTWARE not explicitly permitted by these terms of use.

4. The SOFTWARE is licensed to the company which provided the Rental Computer. Your rights to use the SOFTWARE will expire immediately if the rights of that company to rent or lease Microsoft products are suspended or revoked.

NO WARRANTY SOFTWARE PROVIDED "AS IS". THE PRODUCTS, PRODUCT MATERIALS AND ANY OTHER SERVICES, MATERIAL AND SOFTWARE PROVIDED BY MICROSOFT TO YOU ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. NO OTHER WARRANTIES. Microsoft disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written materials, and any accompanying hardware. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the SOFTWARE, even if Microsoft has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.