IN CONSIDERATION of the mutual promises in this Agreement, Cariad Babi leases the Equipment detailed below to the Hirer, and the Hirer leases the Equipment detailed below from Cariad Babi under the following terms:
1. The following definitions are used but not otherwise defined in the Agreement:
a. “Casualty Value” means the replacement value of the Equipment at the end of the Term of hire period or when in relation to a Total Loss, the replacement value the Equipment would have had at the end of the Term of the hire period. The Casualty Value may be less than, but will not be more than, the original purchase price of the Equipment.
b. “Equipment” means new and/or used slings or cloth nappies leased in excellent condition, and/or accessories as detailed below which has an approximate value of £450 but not precisely in the event of variations in Equipment hired. The equipment is replaceable for brand new, as originally purchased by Cariad Babi.
c. “Total Loss” means any loss or damage that is not repairable or that would cost more than the market value of the Equipment to repair.
2. Cariad Babi agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from Cariad Babi in accordance with the terms set out in this Agreement.
3. The Agreement commences on the date specified below and will continue on a weekly basis (the “Term”) until the end date specified below.
Rent and Deposit
4. The rent will be paid in instalments of £5.00 each week for slings, and £15 a fortnight for nappies, in advance, beginning the date detailed in this Agreement and will be paid on the same named day of the date detailed in this Agreement of each succeeding week throughout the Term (the “Rent”).
5. The Hirer may be requested to pay a deposit of £30.00 (the “Deposit”) before taking possession of the Equipment. Cariad Babi will refund the Deposit to the Hirer at the end of the Term provided that the Hirer has performed all of the Hirer’s obligations under this Agreement. In place of a deposit, you may accept to leave your card details stored and agree to be automatically charged.
Use of Equipment
Repair and Maintenance of Equipment
6. The Hirer will, at the Hirer’s own expense, keep the Equipment in good repair, appearance and condition, normal and reasonable wear and tear expected. The Hirer will supply all parts that are necessary to keep the Equipment in such a state.
7. If the Equipment is not in good repair, appearance and condition when it is returned to Cariad Babi, Cariad Babi may make such repairs or may case such repairs to be made as are necessary to put the Equipment in a state of good repair, appearance and condition, normal and reasonable wear and tear excepted. Cariad Babi will make the said repairs within a reasonable time of taking possession of the Equipment and give the Hirer written notice of and invoices for the said repairs. Upon receipt of such invoices, the Hirer will immediately reimburse Cariad Babi for the actual expense of those repairs.
8. The Equipment is solely for the use of the child intended, for human waste (in the case of cloth nappies) and not for third parties.
9. The Equipment will be in good working order and good condition upon lease to the Hirer.
10. The Equipment is of merchantable quality and is for the sole purpose of TRIAL.
Loss and Damage
11. To the extent permitted by law, the Hirer will be responsible for risk or loss, theft, damage or destruction to the Equipment from any and every cause. It is the Hirer’s responsibility to check all parts are present and in good working order upon receipt of the Equipment.
12. If the Equipment is lost or damaged, the Hirer will continue paying Rent, and will provide Cariad Babi with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
13. In the event of Total Loss of the Equipment, the Hirer will provide Cariad Babi with prompt written notice of such loss and will pay to Cariad Babi all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point the ownership of the Equipment passes to the Hirer.
Ownership, Right to Lease and Quiet Enjoyment
14. The Equipment is the property of Cariad Babi and will remain the property of Cariad Babi.
15. The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
16. Cariad Babi has the right to lease the Equipment according to the terms of this Agreement.
17. Cariad Babi warrants that as long as no Event of Default has occurred, Cariad Babi will not disturb the Hirer’s quiet and peaceful possession of the Equipment or the Hirer’s unrestricted use of the Equipment for the purpose of which the Equipment was designed.
18. At the end of the Term or upon earlier termination of this Agreement, the Hirer will return the Equipment at the Hirer’s cost, expense and risk to Cariad Babi. If the Hirer fails to return the Equipment to Cariad Babi at the end of the Term or at earlier termination of this Agreement, the Hirer will pay to Cariad Babi any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Hirer.
19. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:
a. The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.
b. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditor or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of the United Kingdom or another competent jurisdiction.
c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
20. On the occurrence of an Event of Default, Cariad Babi will be entitled to pursue any one or more of the following remedies (the “Remedies”):
a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
b. Apply the Deposit toward any amount owing to Cariad Babi.
c. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
d. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.
e. Terminate this Agreement upon written notice to the Hirer.
f. Pursue any other remedy available in law or equity.
21. The Hirer is entitled to the protection and remedies available to them under the Consumer Credit Act 1974.
22. THE HIRER WILL NOT ASSIGN THIS AGREEMENT, THE HIRER’S INTEREST IN THIS AGREEMENT OR THE HIRER’S INTEREST IN THE EQUIPMENT WITHOUT PRIOR WRITTEN CONSENT OF CARIAD BABI.
23. If the Hirer assigns this Agreement the Hirer’s interest in this Agreement or the Hirer’s interest in the Equipment without the consent of Cariad Babi, Cariad Babi will have recourse to the Remedies and will be entitled to all damages caused by the assignment.
24. The Equipment must be cared for according to the guidance provided by Cariad Babi. This includes the use of wash powders and nappy creams endorsed by Cariad Babi and none other.
25. Any alternative care of the Equipment given not in accordance with this agreement will be considered as damage and Cariad Babi will pursue to reclaim the Casualty Value of the Equipment.
26. Late returns will be charged at £1 per day and subtracted from the deposit.
27. Failure to return the Equipment or any parts of the Equipment within 14 days of the end of the agreement will result in the deposit being kept and court proceedings beginning for the enforcement of term 18.
28. For the project Oxytosling, all terms and conditions set out in this agreement stand, without the cost to the Hirer for the loan or deposit of the Equipment. All late fee’s, remedies, and other charges will upheld by this agreement.
29. For the project Oxytosling, where the prepaid return envelope is lost, replacement including postage charge, will be the Hirer’s responsibility.
Address for Notice
30. Services of all notices under this Agreement will be delivered by electronic mail to both Cariad Babi and the Hirer.
31. This Agreement will be construed in accordance with and governed by the laws of England and the Parties submit to the exclusive jurisdiction of the English courts.
32. This Agreement may be executed in counterparts. Facsimile signatures are binding are considered to be original signatures.
33. Time is of the essence in the Agreement.
34. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
35. This Agreement will be extended in date without signature, if the date of lease is extended upon agreement from both the Hirer and Cariad Babi. Payment of fee’s for extended hire is taken as signed extension of this agreement and is legally binding.
36. Neither Party will be liable to damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.
By signing this Agreement, I, the Hirer, agree that I have been given time to read this Agreement without any pressure of time or to sign and have been free of Will to sign to agree the above obligations of the Terms of this Agreement.
¨ I understand that my data will be collected and kept for a period of time, and that I can access the GDPR Policy online at www.cariadbabi.com