Hire purchase - hirer and supplier obligation to repair

hire purchase agreement template - question re obligation - keep the Equipment in good repair, condition, working order as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;<br /> <br /> Keep the Equipment properly serviced and maintained and fitted with any appropriate new parts when repair of any part is not reasonably practicable;<br /> <br /> The supplier will be responsibility for maintaining the equipment so is it 'ok' to remove this from the hirer section and add to the supplier section or leave in both sections?<br />

Answer

Answered: 19 November 2023

At common law the lessee is under a duty to take reasonable care of the equipment but is:

  • Not responsible if it can prove that neither its own nor its employees' negligence caused the damage.
  • Not responsible for fair wear and tear.

However, the responsibilities of each party can be negotiated contractually and, a stricter contractual duty to take care can be imposed on the lessee. If the obligation is imposed on the lessor then the same obligation shall be removed from the lessee.

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