This Agreement sets forth the terms and conditions governing the trial of equipment described herein. Both parties agree to abide by these terms and ensure the equipment’s proper use and care.
The objective of this rental agreement is to demonstrate the DEE Dynamox vibration monitoring solution in the Renter’s operational environment. This will include the supply, installation and use of the various Dynamox sensors; a communications Gateway and the Dynamox DynaPredict smart phone and web-based applications. Access by nominated personnel to the software shall be deemed free of charge for the duration of the trial.
The Owner shall support the Renter in the installation, training, implementation and data analysis of the Dynamox solution.
No software customization shall be carried out within the scope of a free of charge trial. Additional functionalities within the Dynamox applications, maybe provided on a case-by-case limited trial basis.
The equipment subject to this trial agreement is detailed as follows:
Type: Vibration and Temperature Monitoring Equipment
Page 2 DEE Dynamox Trial Agreement.
By signing this agreement, the Renter acknowledges that the equipment is in good working condition and accepts responsibility for maintaining its current state, including the periodic charging of the battery.
The equipment will be trialled for a period of two months, starting on the day of delivery. The Renter is expected to return the equipment to the Owner, at their own expense, no later than 65 days later, unless a written agreement for extension is made between the parties. Any delays returning the equipment, reasonably beyond the agreed period will incur additional charges as detailed in Section 5.
Delivery: The equipment will be delivered to Renter’s business address by courier, unless Installation Support is requested, see below.
Installation Support: Initial installation support within the UK is free of charge, should the Renter require further onsite support this can be contracted on an expense only basis. Mileage will be charged at £0.65 per mile from the Owners HQ address and any other travel related expenses, shall be charged at cost plus 15%.
Return: At the end of the trial period, the Renter, at his own cost, shall return the equipment to the Owners HQ at CV32 7UB.
The equipment should be in the same condition as at the beginning of the rental period, accounting for fair wear and tear.
Late Returns: If the Renter fails to return the equipment by the specified date, a late fee as stipulated in Section 5 above, will be charged per day of delay. If the equipment is not returned within 14 days from the due date, with no satisfactory explanation, the equipment maybe considered as stolen, and appropriate legal actions may be taken.
Renter’s Responsibility: The Renter agrees to maintain the equipment in good working order during the trial period. This includes, but is not limited to, basic cleaning, proper secure storage, charging and recharging of the battery(ies), and ensuring safe usage.
Report of Malfunctions: Any malfunctions or necessary repairs should be immediately reported to the Owner. The Renter should not attempt any repairs without the Owner’s express consent.
Owner’s Responsibility: Regular wear and tear notwithstanding, the Owner assures that the equipment is in excellent working condition at the beginning of the trial period. If any routine maintenance is necessary during the trial period due to no fault of the Renter, the Owner is responsible for carrying out such maintenance.
Damage Liability: If the equipment is damaged due to the Renter’s negligence or misuse, the Renter will bear all costs related to restoring the equipment to its original state. This may include parts replacement, manpower charges, and any related fees.
Liability: The Renter assumes full responsibility and liability for the equipment from the time of delivery until its return to the Owner. This includes any damage, theft, or loss of the equipment.
Insurance Requirement: The Renter agrees to provide adequate insurance coverage for the equipment.
Release of Liability: The Renter releases the Owner from any claims, liabilities, or demands arising out of injuries or damage caused by the rented equipment during the trial period.
Replacement: In the event of loss or total damage to the equipment where repair is not feasible, the Renter agrees to reimburse the Owner for the full replacement value of the equipment.
Equipment Values: Any damage or loss of the equipment will be charged at the relevant retail price.
All prices shown do not include VAT.
By Mutual Agreement: This trial agreement can be terminated by mutual consent of both the Renter and the Owner at any time. Any such termination should be signed by both parties.
Breach by Renter: The Owner has the right to terminate this agreement immediately and repossess the equipment if the Renter breaches any terms of this agreement, including but not limited to late payments, misuse of the equipment, or failure to engage with the objective of the trial.
Notice: Unless terminated due to a breach by the Renter, either party may terminate this agreement by providing 7 days written notice to the other party.
Upon Termination: Upon termination of this agreement for any reason, the Renter agrees to immediately return the equipment to the Owner in the same condition as received, barring regular wear and tear. Any fees or charges owed to the Owner will remain due and payable.
Breach of Agreement: Should the Renter fail to comply with any provisions of this agreement, including the payment of rental fees, it will be considered a breach of contract.
Penalties: In the event of a breach, the Renter may incur penalties as defined elsewhere in this agreement, and the Owner reserves the right to take any action necessary, including the repossession of the equipment and seeking legal remedies.
Remediation: The Renter will be given a grace period of 5 days to rectify any breach. If not rectified within this time frame, the Owner may exercise their rights as outlined in this agreement without further notice.
Additional Costs: Any costs associated with remedying a breach, including legal fees and costs for recovering equipment, will be the responsibility of the Renter.
Governing Law: This rental agreement shall be governed by and construed in accordance with the laws of England and Wales.
Governing Law: This rental agreement shall be governed by and construed in accordance with the laws of England and Wales.
