HIRELEVEL

RENTAL  AGREEMENT.

 1. Interpretation

 Expressions defined in the Schedule have the same meanings in this Agreement and the following expressions shall have the following meanings:

 “Start date” the date the hire starts as specified in Schedule

 "Default Rate" 2% per month calculated on a daily basis (as well after as before any judgment);

 "Equipment" includes each item listed on the Agreement and all replacements, renewals, parts, accessories and additions thereto;

 "Hire" Hire of the Equipment subject to the terms of this Agreement;

 "Hire Charges" Hirelevel’s hire charges shown on its current schedule for the time being or such other charges as may have been agreed between the parties;

 "Hire Period" the period specified in the Schedule or the period from Start Date until Equipment is returned which ever is the longer;

 "Hirelevel" Hirelevel;

 "Schedule" the schedule to this Agreement.

 2. The Hire

 2.1 Hirelevel agrees to let and Hirer to hire Equipment subject to provisions of this Agreement which apply to exclusion of all other terms and conditions and shall not be varied except in writing signed by Hirelevel.

2.2 Hire shall commence on the Start Date and continue for the Hire Period subject to the provisions for earlier termination below.

2.3 Hire may not be cancelled by Hirer without consent of Hirelevel and only on terms that Hirer indemnifies Hirelevel in full against all loss (including loss of profit) incurred by Hirelevel as a result of cancellation.

 3. Delivery and Return of Equipment

 Unless Schedule otherwise provides, Equipment will be collected on the Start Date from and returned at end of Hire to Hirelevel’s address. Equipment is deemed returned only when Hirelevel issues a return receipt. Hirelevel will only issue a return receipt after Equipment is found to be returned in its original condition, subject to fair wear and tear and in its supplied packaging

 4. Hire Charges and Other Payments

4.1 Hire Charges shall be paid by Hirer without previous demand to be received in cleared funds on or before due date(s) for payment. Time shall be of the essence in respect of all payments due under this

Agreement and shall be treated as paid on the date Hirelevel obtains value, shall bear interest at the Default Rate from the date due, expended or incurred until payment and shall be paid without any deduction, set-off or counterclaim whatsoever. Any payment by post shall be at the sole risk of Hirer.

4.2 Hirer shall remain liable for Hire Charges until a return receipt has been issued by Hirelevel and, if Equipment is lost, stolen, damaged or destroyed, until its repair or replacement.

4.3 Hirelevel reserves right to appropriate any payments made (not withstanding express appropriation by Hirer) to any sums payable to Hirelevel under this or any other agreement between the parties.

 5. Hirer's Obligations

 Hirer undertakes during the continuance of Hire and until return of Equipment to Hirelevel:

5.1 to take all reasonable care of Equipment to ensure its safety and security and, in event of its loss or damage, to indemnify Hirelevel in accordance with Clause 7 below;

5.2 to check Equipment before taking into use, to notify Hirelevel forthwith of any repair or maintenance required to Equipment and not to permit such repair or maintenance other than by Hirelevel or with its authority;

5.3 to ensure Equipment is only used in a proper manner without risk to health and safety and not contrary to any law or for any purpose for which Equipment is not designed or reasonably suitable; and not to make any modification to Equipment, open the outer case (unless required in normal use) or remove any notices or serial numbers on the Equipment;

5.4 to permit or procure for Hirelevel or its agents access to inspect or remove Equipment;

5.5 to notify Hirelevel in writing of any change in Hirer's details in the Schedule and upon request to inform Hirelevel of the location of Equipment;

5.6 not to sell, sub-let or otherwise dispose of or part with Equipment or any interest therein or do or permit to be done any act or thing which may jeopardise Hirelevel’s rights therein but to keep

Equipment in its possession and control free from lien, charge or encumbrance so that Equipment shall at all times remain property of Hirelevel or its legal owner.

6. Hirelevel’s Obligations

 Except where Hirer is in default under this Agreement or maintenance or repair is necessitated by wilful abuse, negligence or accident, Hirelevel shall maintain Equipment free of charge to Hirer; shall as soon as practicable on request provide replacement Equipment if Hirelevel is unable to repair the same(any replacement being for all purposes subject to this Agreement) provided that Hirelevel’s liability hereunder shall not extend to on-site support or delivery of any replacement to an address outside the UK mainland.

 7. Insurance

 7.1 Hirer shall at its own expense insure Equipment with an insurance company of repute (naming Hirelevel as a loss payee): against all loss or damage in an amount equal to its new replacement cost;

against third party liability; and against liability for any ongoing Hire Charges under Clause 4.2; in each case until Equipment is returned to Hirelevel in good working order and condition (fair wear and tear excepted) or is at Hirer's cost either repaired or (if not capable of economic repair) replaced with new equipment or insurance proceeds and amount of any excess are received by Hirelevel, whichever is the earlier.

7.2 Hirer will on request at any time produce to Hirelevel the insurance policy and receipt for current premium. If Hirer fails to keep Equipment insured to Hirelevel’s satisfaction or to produce policy or receipt, Hirelevel may insure Equipment and Hirer will pay Hirelevel on demand any sums so expended by Hirelevel with interest at Default Rate from date of expenditure until repayment including, without limitation, in event of a claim, the amount of the insurance policy excess and of any increased premiums payable by Hirelevel as a result of such claim.

7.3 Hirer hereby irrevocably authorises Hirelevel in name and on behalf of Hirer to make any claims under the insurance in respect of loss of or damage to Equipment; to settle or compromise such claims; and to receive and give good discharge to insurers for any moneys payable.

7.4 Hirer shall not do or allow to be done any act or thing whereby insurance of Equipment may be invalidated.

7.5 In event of loss of or damage to Equipment, Hirer shall notify Hirelevel forthwith, assist in making appropriate claims under such insurance and not without Hirelevel’s consent settle or compromise any claim.

 8. Limitation of Liability

8.1 The following provisions set out Hirelevel’s entire liability (including liability for acts or omissions of its employees, agents and sub-contractors) to the Hirer in respect of: 8.1.1 any breach of contractual obligations under this Agreement; and 8.1.2 any representation, statement or tortious act or omission including negligence; and THE HIRER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 8.

8.2 Hirer acknowledges that Equipment was selected by Hirer as suitable for its purpose in all respects and Hirer has not relied on any advice or recommendations of Hirelevel, unless confirmed by Hirelevel in writing.

8.3 Hirelevel shall use reasonable endeavours to ensure Equipment is in good working condition on delivery but subject thereto and provided nothing in this Agreement shall limit or exclude Hirelevel’s liability in respect of death or personal injury resulting from Hirelevel’s negligence:

8.3.1 No condition, warranty or representation is given or made by Hirelevel in respect of Equipment and all other conditions, warranties or representations, express or implied, statutory or otherwise, as to its state, quality, description or fitness for purpose are hereby excluded to the fullest extent permitted by law;

8.3.2 Hirelevel will not be liable for any loss, damage or expense caused by Equipment, its inadequacy for any purpose, any error in its operation, any interruption or loss of use, any deficiency or defect therein, any unauthorised repairs thereto, any increased cost of working, loss of profit or goodwill or other direct or indirect damage however caused, even if such loss was reasonably foreseeable or Hirelevel was advised of the risk of its occurrence;

8.3.3 Hirer undertakes (notwithstanding termination of the Hire) to indemnify Hirelevel against all liabilities whatsoever arising out of the operation and use of Equipment provided such indemnity shall not extend to liability for death or personal injury caused by Hirelevel’s negligence.

8.3.4 Hirelevel shall have no liability in respect of any claim unless Hirer gives Hirelevel reasonable details in writing of the claim forthwith and in any event within 90 days of occurrence of the matter giving rise to the claim and then the liability of Hirelevel shall be limited to the total Hire Charges for the Hire.

8.4 The Contracts (Right of Third Parties) Act 1999 shall not apply this Agreement.

 9. Termination

9.1 Hire shall forthwith terminate without notice if Hirer shall (being an individual) die or be subject to an interim order (within meaning of Insolvency Act 1986) or the presentation of a bankruptcy petition; or enter into any arrangement or composition with creditors; or (being a limited company) enter into compulsory or voluntary liquidation (not being for the purpose of reconstruction or amalgamation on

terms previously approved by Hirelevel in writing); or have a receiver appointed or a petition presented for an administration order; or have any distress, execution or other legal process made in respect of Hirer's property; or if anything analogous to the foregoing under the laws of any jurisdiction shall occur in relation to the Hirer.

9.2 Hirelevel may serve notice on Hirer terminating Hire forthwith if Hirer: fails to pay any sums payable hereunder in full on the due date; commits a breach of any other provision hereof and (if capable

of being remedied) fails to remedy such breach within 7 days after notice from Hirelevel requiring the same; or shall cause or permit to be done any act or thing whereby Hirelevel’s rights in Equipment are prejudiced.

9.3 Upon termination, which shall be effective notwithstanding subsequent acceptance by Hirelevel of Hire Charges, Hirer shall no longer be in possession of Equipment with Hirelevel’s consent and

(without prejudice to Hirer's obligations under Clauses 4, 5 and 7 and any other rights and remedies of Hirelevel under this Agreement) Hirer shall:

9.3.1 At Hirer's expense return Equipment to Hirelevel in good working condition (fair wear and tear excepted) and in default Hirelevel may forthwith without notice repossess Equipment and for this purpose freely enter any premises occupied by or under control of Hirer;

9.3.2 become immediately liable to pay to Hirelevel: all costs and expenses (including without limitation, any legal costs and expenses) incurred by Hirelevel in locating, repossessing or restoring Equipment, collecting any sums due or otherwise in obtaining due performance of Hirer's obligations hereunder; all arrears of Hire Charges and other sums payable with interest thereon at Default Rate; and the unpaid balance of the Hire Charges.

9.4 Hirelevel may terminate Hire without liability to Hirer if performance by Hirelevel is prevented by circumstances beyond Hirelevel’s reasonable control (including, without limitation, trade disputes or industrial action whether or not involving employees of Hirelevel.

 10. General

 10.1 No forbearance or indulgence on the part of Hirelevel in enforcing this Agreement shall prejudice the strict rights of Hirelevel nor be construed as a waiver thereof.

10.2 If any provision of this Agreement becomes invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall be unaffected.

10.3 Hirer may not without the prior consent of Hirelevel assign, transfer or charge this Agreement or its rights hereunder or purport so to do.

10.4 Headings in this Agreement are for convenience only and shall not affect interpretation.

10.5 All notices or consents hereunder shall be in writing and be duly given when delivered or (in the case of facsimile) when dispatched to the party to its address set out herein or to such address or facsimile number as such party may notify the other for such purpose. A notice or consent received after business hours shall be deemed served on the next following business day.

10.6 If Hirer is more than one person, obligations and liabilities of such persons shall be joint and several.

10.7 This Hire shall be governed by English law. Claims against Hirelevel shall be brought exclusively in the English Courts. Claims against Hirer may be brought in courts of England or of any territory where Hirer may at any time be resident, carry on business or have assets.

Hirelevel

July 2004

Call 0870166 0040 for a Rental Quotation

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