Agreement for Hire
This Agreement is
made at ... this ... day of.... between Mr. A carrying on business at ...
hereinafter referred to as 'the Owner' of the One Part and Mr. B residing at
... hereinafter referred to as 'the Hirer' of the Other Part.
Whereas the Owner is
carrying on business of dealing in furniture and has its office and showroom at
...
And Whereas the Hirer
has agreed to take on hire some pieces of furniture for furnishing his newly
purchased and occupied Flat at ... and which the Owner has agreed to give on
hire to the Hirer on the following terms and conditions.
Now It Is Agreed
Between The Parties Hereto As Follows: -
1.
The
Owner agrees to give on hire and the Hirer agrees to take on hire the items of
furniture which are mentioned in the Schedule hereunder written for a period of
... years (or as long as the Hirer desires). The said furniture has been
delivered by the Owner to the Hirer and the latter acknowledges receipt
thereof.
2.
The
Hirer agrees to pay to the Owner by way of hire charges a sum of Rs. ... in
lump for all the Items of furniture mentioned in the Schedule hereunder
written. for each month.
3.
The
said charges will be paid by the Hirer to the Owner in advance on the 5th day
of each month hereafter during the period the hire continues. The proportionate
hire charge for the current month has been paid by the Hirer on the execution
of this agreement.
4.
The
hire charges will be paid by the Hirer as aforesaid at the place of business of
the Owner aforementioned punctually on or before the 5th day of each month as
before mentioned.
5.
The
Hirer covenants with the Owner that ;
a. He will make payment
of the hire charges every month punctually as aforesaid.
b. If there is default
in payment of any instalment on the due date, the Hirer will pay interest on
the amount of each monthly charge at the rate of Rs. ... per cent per month for
the days of delay. This provision is without prejudice to the right of the
Owner to take any other action for breach of the covenant as herein provided.
c. He will not remove
the said items of furniture or any of them from the said flat in which the
Hirer is at present residing. without the written consent of the Owner.
d. He will maintain the
said furniture in good condition, subject to normal wear and tear. If any
damage is done to any of the said items of furniture he will make it good by
carrying out repairs through the Owner and he will pay the repair charges to
the owner separately.
e. If any of the said
items is stolen or otherwise lost or destroyed or damaged beyond repairs, the
Hirer will pay the price thereof as per the Owner's catalogue of prices then
prevailing or In force, irrespective of whether the Hirer is or is not
responsible for such loss, destruction or damage. If the loss or destruction or
damage occurs, the Hirer will make it known to the Owner in writing immediately
after such loss or damage. Subject to payment of the amount of loss or damage
by the Hirer, the Owner will either substitute the lost or damaged item or will
reduce the Hire-charges proportionately.
f. He will allow the
Owner or his authorised agent to inspect the said furniture as and when
required between 9 a.m. and 6 p.m. on any day but such Inspection shall not be
for more than once in a month.
g. He will not part with
possession of the furniture or any item in favour of any other person.
h. He will not sell,
hypothecate or pledge the said furniture or any item thereof.
1.
2.
3.
4.
5.
6.
The
property in the said furniture will always remain with the Owner, and the Hirer
will hold the same as a bailee.
7.
The
Owner is not liable for any defects in the said furniture or any item thereof
and the Hirer has taken inspection thereof and is satisfied with the condition
thereof.
8.
The
Hirer will not do any act or omit to do any act by which the right of the Owner
to the said furniture will be prejudiced.
9.
If
the Hirer does not want to continue the hire he will give atleast fifteen days'
notice to that effect to the Owner and on the expiration of the said period
mentioned in the notice, this agreement will stand terminated.
10.
If
the Hirer commits breach of any term or covenant contained in this agreement,
the Owner will be entitled to terminate this agreement by fifteen days' prior
notice and on the expiration of the said period this agreement will stand
terminated.
11.
If
this agreement is terminated by the Hirer or the Owner as aforesaid or by
efflux of time or duration of this agreement as aforesaid, the Hirer shall at
his own costs, return the said furniture forthwith. If he fails to do so,
within eight days from the termination, he will be liable to pay to the Owner a
sum of Rs. ... being the present price of the furniture together with all other
amounts payable by him to the Owner under any of the provisions of this
agreement. This is without prejudice to the right of the Owner to take back
possession of such furniture by due process of law.
12.
The
termination of this agreement for any reason will not prejudice or affect the
right of the Owner to recover from the Hirer any amount payable by him to the
Owner by virtue of this agreement.
IN WITNESS WHEREOF
the parties have put their respective hands the day and year first hereinabove
written.
THE SCHEDULE ABOVE
REFERRED TO
List of furniture.
Signed and delivered
by the withinnamed Owner ... in the presence of ...
Signed and delivered
by the withinnamed Hirer ... in the presence of ...