Computer (Hardware) Hire Agreement
| Updated at | March 2010 |
This agreement made at...... this.......day of 200........BETWEEN M/ s. A.B.C. Co. Ltd., (having its registered office at...........) hereinafter referred to as the 'OWNER' of the One Part and M/s. XYZ and Co. Ltd., (having its registered office at............) hereinafter referred to as the 'HIRER' of the Other part;
WHEREAS
(a) Both the Owner and the Hirer are companies limited by shares and registered under the Indian Companies Act 1956.
(b) The Owner is carrying on business of manufacturers and dealers in computer Equipments and at the request of the Hirer, the Owner has agreed to install and let on hire to the Hirer a computer Equipment which is more particularly described in the Schedule hereunder written, on the terms and conditions hereinafter mentioned and which are agreed to by the Hirer.
(c) The parties have proposed to record the said terms and conditions hereinafter.
NOW IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
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Equipment. - The Owner agrees to supply and install at the place hereinafter mentioned the computer Equipment more particularly described in the Schedule hereunder written and which is hereinafter referred to as 'The Equipment' for the sake of brevity.
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Installation, - The said Equipment will be installed on hire basis to the Hirer and not as a sale.
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Location. - The Owner shall deliver to the Hirer the Equipment at the location or place as will be intimated in writing by the Hirer, within two weeks from the date of receipt of such intimation. The Owner shall inform the Hirer of the exact date and time when the Equipment will be delivered.
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Supply of information. -The Owner shall supply to the Hirer in writing such information and requirements as may be necessary and suitable to fix the site at which the Equipment will be located in the premises of the Hirer at..... so as to enable the Hirer to comply with all the requirements, operational, as well as environmental, within one week from the date hereof.
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Installation. - On the arrival of the Equipment at the said location, the Hirer shall render all help to the representatives of the Owner, who will attend the location for installing the Equipment as may be necessary, in the form of labour, tools and other articles and things as may be required.
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Working Condition of Equipment. - On the delivery date mentioned in clause 3 above, the Owner shall deliver the Equipment in good and working order.
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Changes for installation, - If for installing the Equipment at the location, any constructional changes are required to be made as proposed by the Owner, the Hirer shall carry out such work at its own costs.
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Installation at Owner's risk. - The Owner shall install the Equipment at: the said location on the delivery date at its own risk but the Hirer will give to the Owner all assistance to carry out such installation.
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Date of Delivery essence. - The said date of delivery is of the essence of contract and if the Owner fails to do so, (except due to any default ion the part of the Hirer) the Owner will be liable to pay liquidated damages at the rate of Rs......per day of delivery, without prejudice to the right of the Hirer to terminate this agreement.
OR
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Date of delivery not essence. - The date of delivery is not of the essence of the Contract but in the event of the Owner failing to install the Equipment by the date of delivery, the Hirer will be entitled to serve notice on the Owner making any extended time of the essence, and if the Owner fails to deliver the Equipment on the extended date, this agreement will stand terminated.
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Specification and test. - Before delivering and installing the Equipment as aforesaid, the Owner shall produce copies of the specifications of the work tests and that the Equipment satisfies the said tests. Similarly after the...
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