The Owner, Aktio Pacific Pte. Ltd., agreed to rent to the Hirer the respective equipment described in the quotation and subject to the following terms and conditions hereunder

1.The hirer hereby acknowledge that he is a mere bailee of the goods and that title and property to the goods remain in the owner, and does not anytime, whatsoever pass to the hirer:-

(a) During the period of hire to pay to the owner the hire payment and other charges as specified in the quotation or which may be incurred from time to time during the continuance of the rental period. Punctual payment shall be of the essence and the hirer shall be deemed to have repudiated the Agreement if any hire payment, charge or part thereof remains unpaid for more than seven (7) days after becoming due and payable. All hire payment and other charges hereunder shall be made to the owner at the address specified herein or at such other address as the owner may from time to time specify. All such payments made by post shall be at the risk of the hirer.

(b) That the refund of the security deposit shall be effected without interest only upon expiration of the Agreement and shall not be at any time be credited for use as hire payment. Provided always that fi the hirer is in default or breach of any term of this Agreement, the owner may in its sole discretion forfeit the said security deposit.

(c) Not to transfer, sell, assign, sublet, mortgage, encumber by way of lien or otherwise or in any way dispose or deal with the goods in any manner whatsoever which may affect the owner’s title/property/right to the goods except with prior written consent of the owner.

(d) Not to alter, deface, modify or in any way vary the insignia markings on or appearance of the goods in any manner whatsoever which may induce, cause or in any way represent to any other person that the hirer has title and/or property in the goods.
(i) To ensure that the goods be operated in a skilful and proper manner by persons who are competent to operate the same in accordance to the purposes for which the goods were designed for use.
(ii) If the goods consist of in part or whole of the rubber tyred goods to be responsible wholly for the costs replacements and damages arising from the sudden death of the said rubber tyred portions of the goods.
(iii) To maintain the goods by daily checking the water, fuel and oil levels and tyre pressure if applicable.

(e) That the owner shall not be responsible for all or any third party liability whatsoever arising out of, caused by or otherwise occasioned during the period of the hire and/or when the goods are not within the possession or control of the owner.

(f) At all times to be responsible for all costs, replacements, destruction, repairs and damages to the goods whatsoever and/or injury or death to any person whatsoever arising from or resulting from any abuse, mishandling, neglect, recklessness or deliberate act or omission of the hirer, his servants, agents or any third party whatsoever.

(g) Immediately upon possession of the goods, at his own expense to effect a policy of insurance against all public liability including damage or destruction to the property and/or bodily injury or death to any person whatsoever, with a reputable insurance company.

(h) To keep the goods at all times in its possession and control and shall not remove or cause to be removed or in any way permit to be removed the same from the location as specified in the Schedule here to except with the prior written consent of the owner.

(i) At all times, to maintain the goods in the condition as when hired (fair wear and tear excepted).

(j) To hold the owner harmless, and/or indemnify the owner in full from any claim, demand, losses, damages, expenses, penalties whatsoever resulting/from any injury, death or damage to any person or property whatsoever in cases of incidents involving the goods.

(k) Without delay to notify the owner of any malfunctions, defect failure or breakdown, actual or threatened of the goods.

(l) To permit the owner or any person authorised by the owner at all reasonable times to enter upon the premises in which the goods are for the time being placed or kept, for the purpose of inspecting and examining the condition of the goods.

(m) Not to make any alternations, additions or improvement to the goods without prior written consent of the owner.

2.Where the goods or any thereof is stolen, destroyed or damaged, the hirer shall immediately notify the owner on discovery thereof.

3.If the hirer shall default any hire payment under the Agreement, the hirer shall without prejudice to the other rights of the owner under any other terms and conditions herein and/or under common law pay to the owner interest at the rate of 1.5% per month specified in the Schedule hereto and until payment such interest shall run from day to day and accrue as well before as after any judgement.

4.The owner shall be entitled to determine the Agreement and/or repossess the said goods if the hirer:-

(a) Defaults in the hire payment or other charge herein OR
(b) Fails to observe or perform any of the terms and conditions in this Agreement OR
(c) In the opinion of the owner is in any way jeopardising the owner’s right and title to the goods OR
(d) In the opinion of the owner abandons or neglects or in any way abuses the goods OR
(e) In the sole discretion of the owner, should no longer be entitled to use of the goods.

5.Upon the expiration or sooner determination of the Agreement, the hire shall peacefully deliver up to the owner or permit the owner, its servants or agents to enter upon any land or premises which the goods are situated and take possession of the same thereof. PROVIDED ALWAYS that the goods shall be returned in its original condition as at the date of hire, fair wear and tear excepted.

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