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  1. “We”, “Us” or “Our” means Quipbank.
  2. “You” or Your means the Renter described above.
  3. The number of hours and days shall where applicable be based on ten (10) hours a day, Five (5) days for a week



The Owner has agreed to rent to the Renter and the Renter has agreed to rent the Equipment on the terms and subject to the conditions of this Agreement.


NOW, THEREFORE, in consideration of mutual agreement and covenants herein contained, the parties agree as follows:

1.1          The term of this Rental Agreement shall be 5 hours (renewable upon mutual agreement of the parties) from the date of delivery of the equipment to the Renter.

1.2          You Agree to pay the us the sum of Kenya Shillings …………………….  amount being inclusive of VAT, culminating to Kenya Shillings ……………………………………..  for the ………………. hours

1.3          The amount shall be payable in advance prior to delivery of the equipment and shall be inclusive of all taxes.

1.4          The payments due under this agreement shall be paid via direct Bank deposit or through Mpesa till number as shall be provided at the point of delivery. No cash payments will be acceptable

2.1          You agree that the equipment shall not be driven for more than 5Kilometres on the road and where necessary you shall bear the cost of mobilization and demobilization of the equipment.

2.2          You will the cater for driver’s/Operators allowance at the rate of Kes 2,000 for the five hours any extension for a further period shall cause an increase on the amount chargeable at the rate of Kes 700 per additional hour.

2.3          in the event that the equipment works outside the driver’s /Operator’s jurisdiction and other incidental allowances and charges including per diem may arise and shall be agreed at the point of delivery.

2.4          The driver shall be your agent during the rental term herein.

2.5          You agree to monitor issues with the driver/Operator and escalate the same in the event of exhaustion and fatigue and ensure that the driver operates a maximum of ten (10) hours a day where applicable in cases of an extension.

2.6          Where applicable, you agree to pay us for any overtime work done at the rate of Kshs 1000 (One Thousand Shillings) per hour for hours worked in excess of the normal working hours i.e. 10 hours a day or where the equipment works on Sundays or any official public holiday without our consent.

2.7          Upon receipt of equipment, you will inspect the equipment to ensure it fits as to the condition, status and function of the equipment. Acceptance of the equipment shall be an acknowledgment by you that the equipment is suitable for the intended use. Such acceptance shall be signified by your execution of the delivery note of the equipment.

2.8          You agree that you do not have any rights of ownership of the rented Equipment. The Equipment, whether directly owned by us or leased/ rented from another party, shall at all times be deemed to be our property.

2.9          You agree to indemnify, defend, and hold harmless the Owner for any loss, damage, or legal actions against the owner as a result of Renter’s operation or use of the rented Equipment during the term of this Agreement. You;

2.10        You acknowledge that the renter is not permitted to drive heavy machinery and construction equipment beyond a distance of half a kilometre between the machine/Equipment’s parking location and the actual work site. Should it be necessary for the machine/Equipment to go beyond this distance, the Renter shall, at his own cost, use a low loader to transport the machine/Equipment.

2.11        You agree to compensate us any insurance deductible if the rented equipment is damaged or destroyed while it is in your possession. Until such liability is satisfied, the renting of the equipment will be deemed to be ongoing.

2.12        You agree to compensate us for damages and/or destruction to the rented Equipment while it is in your possession save for damages occasioned by the driver’s negligence. The negligence shall not be deemed to have occurred if it is occasioned by exhaustion and fatigue. Until such liability is satisfied, the renting of the equipment will be deemed to be ongoing.

2.13        You hereby agree that the driver shall NOT be a reason for waiving any liabilities that may arise due to any damages occasioned to the equipment during the rental period.

2.14        In respect of any amount due but unpaid, you must pay on demand, interest on the sums payable. The applicable overdue interest shall be three percent (3%) per day on the outstanding balance which rate shall continue to accrue until payment of the overdue amounts in full. (Where applicable)

2.15        You agree that upon expiry or early termination of the rental period, the Equipment should meet the return condition that is in the same condition as it were during the delivery.

2.16        You agree that in the event we repossess the Equipment for breach by you, you will still be liable to repair any damage to the Equipment caused by your action and/or omission and action of the third parties while the equipment is in their possession

2.17        You hereby confirm and acknowledge that you have procured independent legal advice on the terms and conditions contained in this agreement. You further agree to be bound by the said terms and conditions herein.

3.1          We hereby agree to rent to you the equipment described under schedule 1

3.2          We shall provide you with a suitable equipment for the purpose provided in this Rental Agreement.

3.3          We shall where applicable insure the Equipment comprehensively and maintain a valid road licence (where applicable).

3.4          We represent and warrant that to our knowledge; the rented equipment is in good condition and is safe for ordinary operation of the Equipment.

3.5          We shall provide the Renter with a driver with ability to supervise and operate the rented equipment for the rental period. 

4.1          No relaxation or indulgence which the Owner may grant you, shall be construed and/or

 deemed to be a waiver of any of the Owner’s rights provided in this Agreement.

4.2          The Parties herein shall use their best efforts to negotiate in good faith and settle amicably any dispute that may arise out of, or relating to this Agreement. These negotiations shall where applicable be affected through a written notice to all parties involved, on the intent to negotiate, at least seven (7) days prior to the actual negotiations commencing, and will be conducted by the offices under which the Agreement was executed.

4.3          At the conclusion of the rental term, you may either return the equipment or request us to agree to extend the term or vary the equipment (s) rented. You must in either case give us reasonable notice prior to the expiry of the term.

4.4          This agreement shall be governed by the Laws of the Republic of Kenya.

4.5          The parties herein agree and commit not to divulge any information that may be considered confidential under this Agreement to any third party, unless the same is in the normal course of fulfilling each other’s obligations under this Agreement.

4.6          If any of the provisions of this Agreement is or becomes illegal, invalid or unenforceable in any respect under any law, neither the legality, validity or enforceability of such provision, or the remaining provisions shall be in any way affected of impaired. This Agreement shall be construed and be enforced as if such invalid or unenforceable provision was omitted ab initio.

4.7          This Rental Agreement is the entire agreement between the Owner and Renter and may not be modified orally but only in writing signed by both parties.

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