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TERMS AND CONDITIONS OF HIRE

In these Terms and Conditions, the following expressions shall have the meanings set below unless the context otherwise requires

  “Machinery”

The Machinery details of which are set out on the first page of the agrement

  “Hirer”

The Hirer who hires the machines for their farm use

  “Owner”

The institution or individual who legally owns the Machinery

  “Company”

The Company(“Kisanery Plant Hire Ltd”) trading under Wolfware Electronic Ltd, that facilitates the services between Hirer and Owner

  “Hire Agreement”

Means the agreement for hire of the Machinery which the Hirer and the Owner sign and to which these conditions apply

  “Hire Period”

The period stated on this agreement and starts from the date the Machine is first made available to you

1. HIRE PERIOD
   1. The Hire Period commences on the Hirer taking delivery of the Machinery and terminates on re-delivery of the Machinery to a depot nominated by the Owner or collection by the Owner in the same working order and condition in which it was delivered to the Hirer. The Hire Period is set out on the front page but may be extended by agreement.
   2. If the Machinery is not re-delivered in the same working order and condition as at delivery (normal wear and tear accepted) the Hire Period shall continue until the Machinery has been repaired to the reasonable satisfaction of the Owner, and if repaired away from the Owners depot, re-delivered to the Owner’s depot. All repairs are to be to the cost of the Hirer (including cost of labour by the Owner’s employees).
   3. Notwithstanding the description of Hire Period on the first page of the agreement the Owner may in absolute discretion, at any time and for any reason terminate this agreement and repossess the Machinery. For the purpose of repossession of the Machinery the Owner may enter at any time without prior notice on any premises where the Owner has any reason to believe that the Machinery may be and without prejudice to its rights under this agreement recover the Machinery. The Owner may take whatever steps it deems necessary at the risk and cost of the Hirer to safeguard the Machinery. The Hirer indemnities the Owner in respect of any claim allegation cost or expense which arises out of any such action taken by the Owner.
2. OWNERSHIP OF MACHINERY
   1. The Hirer acknowledges that during the Hire Period the Machinery is and remains the sole and exclusive property of the Owner. The hirer has no rights in relation to the Machinery otherwise than as a Hirer on the terms of this agreement.
   2. The Hirer must not affix or permit to be affixed the Machinery or any part of it to any real property. To the extent that the Machinery is so affixed the Machinery shall not be or become a fixture and is removable by the Owner at any time.
   3. The Hirer shall take such steps as may be necessary to safeguard and protect the right title & interest of the Owner in and to the Machinery. The Hirer must permit the Owner to affix the Machinery such as plates or other marks indicating that the Machinery is the property of the Owner as the Owner reasonably requires.  The Hirer must allow the plates or marks to remain affixed and in good repair, shall not obliterate, deface or cover up the marks and shall not place or permit to be placed any plates or marks on the Machinery which are inconsistent with the rights of the Owner in the Machinery.
   4. The Hirer must not sell, transfer, assign, lease, licence part with possession of or otherwise dispose of the Machinery or agree offer attempt or purport to do any such thing.
   5. The Hirer shall not directly or indirectly create, incur or allow to exist any lien claim change or encumbrance of any kind or any of its rights under the agreement or in the Machinery nor agree offer attempt or purport to do any such thing.
3. UNDERTAKING BY HIRER
   1. The Hirer undertakes that:
      1. the Machinery shall be used only for the purpose and use for which it is designed:
      2. the Hirer will consult with the Owner with respect to any proposed use of the Machinery and secure the agreement of the Owner to that proposed use and only operate the Machinery in accordance with the directions of the Owner.
      3. the Hirer shall comply at its own expense with any operating manuals provided by the Owner in connection with the Machinery but insofar as no manual is provided with the Machinery it is the responsibility of the Hirer to ensure that any operator is properly Trained in the use of the Machinery.
      4. the Hirer must maintain the Machinery at its own expense in proper working order and condition but must not carry out any repairs (other than the ordinary course of maintenance) without the prior consent of the Owner.
      5. the Hirer must during the Hire Period comply at its own expense with all applicable laws & regulations which in any way apply to the Machinery and the use or operation which the Machinery may be put.
      6. the Hirer, on becoming aware of any defect or problem in the Machinery must immediately cease using it and ensure that it is not used until the defect or problem is rectified and immediately advise the Owner of such defect or problem
      7. the Hirer must not and ensure that its employees and agents do not wind back or otherwise tamper with any instruments recording hours of operation and immediately report any malfunction in the instrument to the Owner: and
      8. the Hirer will pay the Owner for all training with respect to the Machinery in excess of half an hour.
4. INSPECTION AND REPAIR
   1. The Hirer must at all times during the Hire period, make the Machinery or any part of it available for inspection by the Owner or its nominee.
   2. The Owner shall be responsible for routine periodical maintenance of the Machinery or any part of it as it sees fit.
   3. The Hirer must deliver the Machinery or any part of it to any depot nominated by the Owner at the direction of the Owner for the purposes of either routine periodical maintenance or repair. The Owner will use its best endeavours to make replacement Machinery available (but without liability in the event that none is available) to the Hirer while the hired Machinery is required by the Owner for maintenance or repair.
5. PAYMENT
   1. Until otherwise agreed in writing the Hirer must pay the Owner’s charges for hiring the Machinery at the rates referred to in this agreement or if the agreement is silent in the Owner’s price list current at the time the Hire Period commences. The charges in respect of the hiring shall be calculated from when the Hire Period commences until such time as the Hire Period is terminated. The Hirer must pay the Owner’s charges in full before the commencement of the work as per the invoice for the Hire Period (or such other dates as may be agreed by the Owner).
   2. All charges or fees set out in this agreement are subject to change without any prior notice.
6. ONLINE PAYMENTS   
   This online payment system is provided by Kisanery. Kisanery may update these terms from time to time and any changes will be effective immediately on being set out here. Please ensure you are aware of the current terms. The country of domicile for Kisanery is India.
   1. Terms & Conditions
      Please read these terms carefully before using the online payment facility. Using the online payment facility on this website indicates that you accept these terms. If you do not accept these terms do not use this facility.
      All payments are subject to the following conditions:-
      The description of services of match making are specific to your need, when you log in with your unique password. Normally payment is required in advance (i.e. before you commence your activity).
      All Fees quoted are in Indian Rupees. The Kisanery reserves the right to change the fees at any time.
      Your payment will normally reach the Kisanery account to which you are making a payment within two working days.
      We cannot accept liability for a payment not reaching the correct Kisanery account due to you quoting an incorrect account number or incorrect personal details. Neither can we accept liability if payment is refused or declined by the credit/debit card supplier for any reason.
      If the card supplier declines payment the Kisanery is under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that payment has been deducted from your account.
      In no event will the Kisanery be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
7. RESPONSIBILITY FOR MACHINERY
   1. The Hirer shall be responsible to the Owner during the Hire Period for all loss of or damage to the Machinery whether such loss or damage is accidental or is caused by theft, malicious damage or for any reason whatsoever. If the Machinery is damaged beyond economic repair is lost or destroyed or is beyond economic salvage, the Hirer shall furnish satisfactory evidence of such facts to the Owner and pay the Owner the amount equal to the value of equivalent new Machinery in addition to all related costs, expenses, including but not limited to the costs and expenses of locating such new Machinery at the Owner’s depot.
8. RESPONSIBILITY FOR INJURY OR DAMAGE
   1. The Hirer shall be liable for all costs, charges, expenses, liabilities, damages and losses suffered or incurred by the Hirer or the owner as a result of any injury to or death of any person or loss of or damage to any property or person arising out of or in any way related to the  breakdown failure use or operation of the Machinery during the Hire Period by the Hirer its servants or any other person acting on behalf of the Hirer.
   2. The Hirer indemnities the Owner its employees and agents in respect of any allegation, claim, action or proceedings whatsoever made or taken against any one or more of them in connection with or arising out of or in any way incidental to such death, injury, loss or damage irrespective of any negligence breach of contract or other misconduct or default by the Owner its employees or agents.
   3. This clause does not affect statutory rights of any third party.
9. INSURANCE
   1. Before the commencement of the Hire Period the Owner must effect at its own expense and all times during the Hire Period keep in force appropriate insurance with a reputable insurer acceptable for:
      1. damage to the Machinery and in an amount not less than the current market value of the Machinery as advised from time to time.
      2. for all third party and public liability risks in respect of the use of the Machinery by the Hirer in a reasonable amount stipulated from time to time.
      3. such other risks of the use of the Machinery by the Hirer.
   2. The Owner must ensure that these insurances remain in force for the Hire Period.
   3. The Owner must advise the Hirer before the commencement of the Hire Period of any excess under such policies.
10. EXCLUSION OF LIABILITY
    1. To the extent permitted by law the Company shall not be responsible in contract or otherwise for any loss or damage suffered or incurred by the Hirer whether direct or consequential for non-delivery delay in delivery or inconvenience of any kind or any cost or expenses which in any way arises out of the Machinery including, without limitation, the negligence or breach of contract or lawful act or default of the Owner.
11. RE-DELIVERY
    1. On re-delivery at the end of the Hire Period the Hirer must fill the fuel tank of the Machinery failure to do so will result in fuel being charged at the subsisting pump prices. The Machinery must be returned in clean condition. Failure to do so will result in a cleaning charge being levied.
    2. If the Hirer so requests, the Owner will pick up the Machinery itself. An appropriate charge will be levied by the Owner either for delivery or return.
12. MISCELLANEOUS
    1. The Hirer may not assign all or any part of this agreement without the prior written consent of the Owner.
    2. The Owner shall not be bound by any agreement purporting to vary the agreement terms unless such agreement is in writing and signed on behalf of the Owner by one of the partners.
    3. Terms of this agreement are governed and construed in accordance with the Laws of India and shall be subject to the exclusive jurisdiction of the IPC.
13. NOTICES
    1. Any notice given under this agreement must be delivered by email or phone follows.
       1. to the Company at its email and phone shown on the hire agreement.
14. TERMINATION BY NOTICE
    1. This agreement can be ended by:
       1. the Hirer before the Hire Period by giving not less than 12 hours by contacting the Company.
       2. by the Owner not giving less than 12 hours by contacting the Company before the Hire Period but subject to other rights of termination set out in this agreement.
    2. If the Owner gives notice under this clause, they will be liable to pay penalty.
    3. If the Hirer gives cause to terminate under clause 13.1.1, the Hirer will lose the initial deposit.