Clause (1). Definitions: This Agreement is between:

• • The “Lessor” shall mean “Dev Associates” a proprietary firm having its proprietor Mr.Sameer Madhukar Devkar registered under domain name www.dev-rentals.com and its duly authorized and appointed representatives.
• • The Hirer shall mean the organization, company, firm or individual person hiring/renting the Lessor’s equipment/Machinery.
• • Equipment/Machinery” shall mean the machinery, plant, equipment, accessories, attachments and vehicles which the Lessor agrees to rent to the Hirer, as per the specifications mentioned in the quotation and agreed upon issuing an authorized LPO/PO to the Lessor.

Clause (1). Rental Hours & Charges: Equipment Rental Charges with & without Operator:

• • Our rental charges are based on 10 working hours per day including 01-hour break, 6 days per week and 26 calendar days per month. Any Equipment working in excess of 260 hours per month, as recorded by the Equipment hour meter, which shall be charged as additional hours, pro- rated according to the monthly hire rate quoted/agreed.
• • Our monthly rental charges are based on 26 calendar days throughout the month and rental charges for a week are 6 calendar days. If the Equipment is hired for a monthly rate and the Equipment is going to off-hire prior to 30 days then the rental charges will be shifted to either a weekly rate or daily rate depending upon the number of days the equipment was on hired status at site.
• • Any Equipment hired for weekly basis, rent will be charged accordingly even if the equipment is off-hired prior to 07 days usage.
• • Rental Charges are fixed for a period of 3 months after that can be agreed on same/higher to continue further.
  Rental charges are applicable only to the project mentioned in our quotation/agree LPO.
• • Daily time/trip sheet will be counted minimum 10 hours per day including one hour break even if the equipment was used/using for less than 10 hours during 10 hours of work at single site/location.
• • Night work will be 08 hours a night without break, exceeding to this will be charged as overtime on pro rate basis.
  Do Not Use machine in the Sand/rough/mud place. If machine is stuck in the Sand, customer is liable to arrange to bring it back at the loading location.
• • Getting Entry/Exit Passes is the responsibility by the customer. Any delay due to non-permission rent will be charged accordingly.
• • Night time work permission (all types of permissions/Govt Approvals etc.) is the customer responsibility and the customer is liable to pay charges as per the rental agreement if delayed by the management/any approvals/any hurdle at site/location.
• • Operator transportation and accommodation will be the customer responsibility if hired or agreed in the LPO.
  Do not use the machine without diesel as if it will get Air lock than customer will be liable to pay the 5,000 Rs. as penalty or any other damages.
• • All Fees for security passes for equipment, recovery, Driver, Operator and personnel (at the time of visit/breakdown) is the responsibility of the customer.

Clause (2). Hirer’s Responsibility for Loss & Damage:

During the period of rent/hire, the Hirer shall be responsible for all losses or damages to the equipment arising from whatsoever cause/causes at the site/location.

• • The Hirer shall also be fully and completely responsible in respect of, and shall indemnify and hold the Lessor harmless against all claims by any person(s) whatsoever, for injury to any person(s) or damage to any property, caused by, in connection with, or arising out of the use of the equipment and in respect of all costs and charges in connection therewith (including legal costs), whether arising under statutory or common law. In the event of loss or damage to the equipment, hire charges shall continue until such time as full and final settlement has been agreed and effected between the parties.

Clause (3). Insurance, Safety & Security:

The equipment safety & Security is the responsibility of the Hirer from the time of delivery to the Hirer’s site or from the time of collection of the equipment by the Hirer. In this regard the Hirer shall provide “all risks” insurance cover acceptable to the Lessor for the full replacement cost of the equipment in case of damage/lost/stolen and this shall remain in place from the time of delivery to the Hirer’s site or collection of the equipment by the Hirer until the equipment is returned to the Lessor.

• • Any type of property/site/job location/area safety & security is the customer responsibility.
• • Any mark on the floor due to machine tires/oil leakage/any other reason should also be the customer responsibility (to avoid this customer should wrap the tires with plastic paper/put 40mm plywood sheet on the floor at the time of machine moving, parking, working mode and opening tires or any circumstances). Also use polyethene sheet to cover the full floor.
• • First aid facility must be available on site, and in case of any emergency, access to hospital/clinic is the responsibility of the customer on priority.

Clause (4). Breakdown/ Stoppage:

In case of any breakdown or unsatisfactory working of the equipment, the Hirer shall notify the Lessor immediately.

• • In case of breakdown or stoppage caused by Hirer’s negligence, misdirection or misuse of the equipment, including fueling with contaminated fuel, the Hirer will be charged for the down time as well as the repair costs.
• • In case of breakdown or stoppage due to fair wear and tear, the Hirer will not be charged.

Clause (5). Site/location Conditions/Permission/ Supervision:

• • Suitable access and egress to be made available before the mobilization of any Equipment. Hard standing level ground free of any hazards is to be provided for the equipment to perform the required duties. Hirer is to provide suitably qualified supervision of the Equipment at all times while on customer’s site.
• • All Permissions (Parking, Police, Municipality, Any Govt. & Non-Govt. Authorities etc.) are by the Customer (Any Fine due to working without permission, “Dev Associates” is not responsible/liable to pay any fine/dues/penalty).

Clause (6). Loading /Off-Loading:

• • If crane/any other equipment required for loading or off-loading of the equipment is to be provided by The Hirer.

Clause (7). Off-Hiring of Equipment:

• • The Hirer must inform the Lessor in writing (By Company Email) a minimum of 02 days in advance (For Weekly hire) and 05 days in advance (For monthly hire) of any off-hire.
• • Failure of payment of the invoice amount within the stipulated/agreed credit period will be subject to off hire of the Equipment without any prior notice. Lessor will not be responsible in any way for any inconvenience caused thereof and/or any delays in progress of the Hirer’s project/work/job/material expiry.

Clause (8). Terms of Payment:

• • As discussed and agreed, terms of payment are as mentioned in Quotation and authorized LPO signed by the authorized person. Overdue payments beyond the agreed credit period will incur a 2% per month late payment fee against each invoice.

Clause (9). Validity of the Quotation:

• • This quotation is open for acceptance by you for a period of 07 days from the date of quotation, after that it will be subject to re-confirmation in writing by us.

Clause (10). Quotation is not Transferable:

• • This quotation is submitted for the hire/rent of the specified equipment solely to yourselves in conjunction with the mentioned proposal (Quotation). No rights arising from this quotation are transferable save with our written agreement and consent.

Clause (11). Service of the Equipment at site/workshop:

• • Lessor shall perform scheduled, periodic engine oil service, including replacement of engine oil and filters at site during normal working hours. Hirer is to inform Lessor at least 48 hours prior to service being due.
• • To enable service to be conducted at a time convenient to the Hirer. Service can be provided beyond normal working hours with prior notification, subject to additional charges/agreed.

Clause (12). Ownership of the Equipment:

• • The equipment as quoted is deemed to be on hire/rent for the entire period and under no circumstances will the equipment ever be considered to be ‘For Sale’.
• • Ownership of the equipment at all times will remain exclusively with “Dev Associates”

Clause (13). Operator Hire:

• • Operator transportation and accommodation shall be managed by the customer/whatever agreed in the LPO.

Clause (14). Alterations & Amendments:

• • No alteration(s) or amendment(s) to any of the Terms & Conditions hereinabove may be made nor will they be of effect unless agreed to, by both Parties hereto in writing