1.1 Silos always remains the property of (the Lessor). The Lessor shall hire the silos to the Lessee subject to the terms and conditions of this Agreement.

1.2 The Lessor shall not other than in the exercise of its rights under this Agreement or applicable law interfere with the Lessee’s quiet possession of the equipment.

1.3 in respect of each silo used by the Lessee.

1.3.1  the Lessor shall be entitled to charge the Lessee.

(a) a delivery and collection fee.

(b) a daily rental fee from the day of delivery of the silo until the day of collection by the Lessor,

(c) a movement fee in respect of any silo movements required by the Lessee

and all such fees and charges shall be calculated at the Lessor’s applicable rates from time to time in force.

The Lessee agrees to pay the rental payments in accordance with the payment schedule agreed between the Lessor and the Lessee.

1.3.2 if the Lessee leaves any dry mortar product in the silos such material shall become the property of the Lessor when the silo is collected.

1.3.3 the Lessee shall not be entitled to move the silo at any time.

1.3.4 the Lessee warrants that it shall be responsible for providing adequate hard standing and any other facilities required by the Lessor for the safe placement location and use of the silo. The Lessee shall procure that a duly authorised representative of the lessee shall be present at the installation of the equipment. Acceptance by such representative of installation shall constitute conclusive evidence that the lessee has examined the equipment and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by the Lessor, the Lessee’s duly authorised representative shall sign a receipt confirming such acceptance.

1.3.5 the Lessee shall be responsible for the operation of the silo whilst the silo is on site in accordance with the current version of the relevant user guide, copies of which will be provided to the Lessee upon delivery Of the Silo or are available from the Lessor on request.

1.3.6 The risk of loss, theft, damage, or destruction of the Silo shall pass to the Lessee on delivery, and so the lessee must take out and maintain insurance against all liabilities the lessee might incur under the contract. The equipment shall remain at the sole risk of the Lessee during any period when the equipment is in the possession, custody, or control of the Lessee until such time as the silo is redelivered to the Lessor by collection. The Lessor reserves the right at any reasonable time to require confirmation that the Lessee is complying with its insurance obligations.

1.3.7 The Lessee shall immediately notify the Lessor of any loss, accident or damage to the silo arising out of our in connection with the Lessee’s possession or use of the silo and shall permit the Lessor all or any necessary rights of access and other facilities to inspect, view, remove or repair the silo.

1.3.8 The Lessee shall maintain at its own expense the silo in good and substantial repair in order to keep it in as good an operating condition as it was on the date of delivery including replacement of worn, damaged and lost parts and shall make good any damage to the Silo.

1.3.9 The Lessee shall permit the Lessor or its duly authorised representative to inspect the silo at all reasonable times and for such purpose to enter on the site or any premises at which the Silo may be located and shall grant reasonable access and facilities for such an inspection.

1.3.10 The Lessee shall maintain operating and maintenance records of the silo and make copies of such records readily available to the Lessor, together with such additional information as the Lessor may reasonably require.

1.4 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the silo arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors and the Lessee shall indemnify the Lessor in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Lessor arising out of, or in connection with any failure by the Lessee to comply with the terms of this Agreement.

1.5 Unless agreed otherwise all silos shall be made available for return (as specified by the Lessor) by the Lessee empty, securely closed, free from any residual materials, substances, products, or other waste and in good order.

1.6 Where silos are not returned in good order the Lessee shall pay to the Lessor on demand any costs and expenses incurred by the Lessor in undertaking repairs to the silos.

1.7 Where silos are not returned either at the expiration of an agreed term or when required by the Lessor, the Lessor shall be entitled to enter the Lessee’s premises to locate and recover the silos and the Lessee grants the Lessor a licence for such a purposes and agreed to indemnify the Lessor in respect of the Lessor’s costs of locating the silos.

1.8 Limitation of liability

1.8.1 The restrictions on liability in this clause apply to every liability arising under or in connection with this Agreement including liability and contract, torts (including negligence), misrepresentation, restitution or otherwise.

1.8.2 Nothing in this Agreement limits any liability which cannot legally be limited including liability for

(a) death or personal injury caused by negligence.

(b) Fraud or fraudulent misrepresentation.

(c) Any matter in respect of which it would be unlawful for the parties to exclude or restrict liability.

1.9 Subject to clause 1.8.2 the Lessor shall not be liable under this Agreement for any:

(a) loss of profits.

(b) loss of sales or business.

(c) loss of agreements or contracts.

(d) loss of anticipated savings.

(e) loss of use or corruption of software, data, or information.

(f) loss of or damage to goodwill; and

(g) indirect or consequential loss,

1.10 Subject to clause 1.8.2 (a), all implied terms and conditions as to the quality or performance of the silos and any other goods or services provided in this Agreement are to the fullest extent permitted by law, excluded from this Agreement.

1.11 Entire Agreement

1.11.1 This Agreement constitutes the entire Agreement between the parties and supersedes and extinguishes all previous Agreements, promises, assurances, warranties, representations, and understandings between them whether written or oral relating to its subject matter.

1.11.2 Each party acknowledges that on entering into this Agreement does not rely on and shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees he shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on a statement in this Agreement.

1.12 Governing law

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England & Wales.