The time of payment shall be of the essence of this agreement and the hirer’s failure to pay any rental or part of any rental within seven days after the same shall have become due shall be deemed a repudiation of this agreement by the hirer. Payments dispatched by post shall be so dispatched at the risk of the hirer.
2. OTHER COVENANTS BY HIRER
During the continuance of the hiring the hirer shall:
(a) Keep the equipment at the address stated.
(b) Permit The Hiring Company at all reasonable time to enter upon the premises where the trailer is kept for the purpose of inspecting the trailer (and of carrying out any necessary repairs thereto).
(c) Keep the equipment free from lien distress execution or other legal process.
(d) Promptly inform The Hiring Company when the equipment is in need of repair or adjustment and not request permit or authorise any person other than The Hiring Company to carry out repairs or adjustments.
(e) Not to use the trailer:
(i) for the carriage of passengers, for driving tuition or any unlawful purpose.
(ii) to carry more load than recommended by the manufacturer.
(iii) by any person other than the hirer or persons nominated as additional herein, except a qualiﬁed motor vehicle repairer in the event of an accident or breakdown.
(iv) or allow it to be taken outside Great Britain without the written consent of The Hiring Company.
(f) Return the trailer together with the equipment speciﬁed in the agreement in the same condition as when received (normal wear and tear excepted) to the place and on the date speciﬁed in the agreement unless otherwise agreed, and will use the trailer in a reasonable and lawful manner. Should the Hirer not return the trailer at the agreed time the Hirer will pay to The Hiring Company a penalty charge at a tariff equal to one quarter of the daily tariff shown on in the agreement for each hour over the agreed time.
(g) Keep the trailer in substantial repair and condition and replace all missing, damaged or broken goods or parts thereof with goods or parts of equal quality and value.
(h) Shall at the request and cost of The Hiring Company do and concur in doing and permit to be done in his name or by his appointed agents, all such acts and things as may be necessary or reasonable required by The Hiring Company or the Trailer Insurer for the purpose of enforcing any rights or remedies or of obtaining relief or indemnity from any other parties in respect of any loss or damage to or in connection with the trailer, during the period of time between the commencement of hiring and the trailer’s return to The Hiring Company and The Hiring Company shall account to the hirer for any sums recovered by The Hiring Company and due to the hirer from such other parties under this clause, alter setting off any outstanding liability of the hirer to The Hiring Company.
(i) Shall inform The Hiring “Company within 48 hours, excluding public holiday, of any loss or damage to the trailer and of any fault therein which reasonably requires repair, and must not, in the case of damage or fault which makes the vehicle unroadworthy or liable to cause danger to any person or property, use the trailer until such damage or fault has been repaired or corrected.
(j) Not sell or offer for sale, assign, mortgage or pledge the trailer or the tools or equipment or any part or parts thereof or otherwise deal with the same in any manner inconsistent with The Hiring Company ownership.
3. TERMINATION BY OWNER
If the hirer shall make default for seven days in payment of any sum payable hereunder or shall fail to observe or perform any of the other terms and conditions of this agreement or if the hirer shall have misrepresented any of the facts stated or if the hirer shall commit an act of bankruptcy or have a receiving order made against him or shall make any arrangement with his creditors or any assignment for the beneﬁt of such creditors or if distress or execution shall be levied or threatened upon any of the hirer’s property then The Hiring Company shall be at liberty by notice in writing forthwith to terminate this agreement and thereupon this agreement and the hiring thereby constituted shall for all purposes determine. Thereafter the hirer shall cease to be in possession of the trailer with The Hiring Company consent and subject to any pre-existing liability of the hirer neither party shall have any rights against the other save that The Hiring Company shall be entitled to repossess the goods and for that purpose to enter upon the premises in which the same are kept.
Any notice required or permitted to be given by The Hiring Company to the hirer hereunder shall be validly given if served personally on the hirer or sent by registered post addressed to or left at the address of the hirer stated on page 1 or to or at the hirer’s last known address and shall be deemed to have been received by the hirer forty-eight hours alter the time of posting.
The hirer shall be responsible for the insurance of the trailer up to the full market value including all third party liabilities.
6. MAINTENANCE OF TRAILER
So long as the hirer is not in default of any of his obligations under this Agreement The Hiring Company will during the continuance of the hiring service and repair the equipment free of charge and if the equipment has to be removed for repair will as soon as expedient and subject to availability and also to any legal requirements or restrictions for the time being in force provide the hirer on loan free of charge similar equipment but the hirer shall remain liable for payment of rentals hereunder notwithstanding that the equipment comprised in this agreement is out of use awaiting or undergoing repair or adjustment. Save as aforesaid The Hiring Company shall not be responsible for any defects in the equipment and shall not under any circumstances be liable to make any payment to the hirer in respect of any loss injury or damage sustained by the hirer or any third party as a result of the presence or use of the equipment or any defect therein.
7. GENERALLY –
In this agreement the trailer includes all replacements and renewals thereof and all accessories and additions thereto whether made before or after the date of this agreement.
No relaxation forbearance or indulgence by The Hiring Company in enforcing any of the terms and conditions of this agreement nor the granting of time by The Hiring Company to the hirer shall prejudice or affect the rights and powers of The Hiring Company nor shall any waiver of any breach operate as a waiver of any subsequent or continuing breach.
This agreement shall not come into force until it has been signed on behalf of The Hiring Company by one of its officers duly authorised for that purpose and unless and until any deposit prescribed by law has been paid by the hirer.