Eniwok provides a market place for both equipment and personnel listing and hiring.
The words equipment or personnel shall be used simultaneously in this terms and conditions and shall be binding on any subscriber who engages on any one of them(supplying or hiring equipment or personnel)or both (supplying or hiring equipment and personnel)
Supplier and Hirer’s Agreement.
Supplier hereby agrees to supply personnel or Equipment to the Hirer and the Hirer agrees to hire the said Equipment or personnel from Supplier on the terms and conditions set out in this Agreement. This agreement is binding on the two parties (Supplier and Hirer) to this contract. This agreement does not vitiate any other Agreement to be reached by the Supplier and Hirer. However, when the content of such further agreement conflicts with this agreement, this agreement shall prevail. The content of this terms and conditions is hereby agreed by both parties to apply in this agreement for effective and hitch free transactional procedure between the two parties. The Hirer hereby understands and agrees that thecontent of this Agreement automatically comes into effect and becomes binding on Hirer and supplier only after both parties have reached a final agreement to engage in the contract.
- Term of Agreement. In any contractual undertaking between a hirer and a supplier under the platform of eniwok, the agreement is deemed to commences on the "Start" date and will end on the "End" date set forth in the agreement between the hirer ad supplier. If there is no such further agreement between the parties, the day of the procurement of the equipment or personnelby the hirer will become the start date.
- Both the Supplier and Hirer agree that eniwok.com and its partners are not parties to this agreement but have merely providedtools and platform for both parties to come together under an unbiased and neutral ground and that eniwok shall not be held responsible as a party to this agreement.
- If Equipment or personnel is not returned by the "End" date agreed by both parties or as stipulated in the agreement, the rental term shall continue to run in the same terms and condition as applied in the previous undertaken. This issubject to any other agreement that may have been reaches by the two parties. On the last date of the agreement, Supplier will arrange for de-installation and/or pick-up of the Equipment or personnel as applicable. When there was no previous payment of return shipping or de-installationby the hirer to the Supplier under the terms ofagreement, it is the hirer’sresponsibility to de-install, ship the Equipment orreturn personnelback to Supplier at Hirer's expense.Equipmentshall be returned to Supplier in goodworking condition as it was at the commencement of the Agreement, with the exception of natural wears and tears.
- Confirmation of receipt of Equipment or personnel:
- After Equipment or personnel has been conveyed to the hirer, or/and installation has been completed on the equipment, it is the hirer’s duty to notify Supplier through this website within 24-hours of any issues or defect with the installation,Equipment or personnelas the case may be. If the hirer notifies the supplier, it isimportant that he also notifies this website within 24hrs after the start date of the terms. The installation or Equipment or personnel will be deemed to be in perfect working condition for all purposes by eniwok if no such notice is received from the hirer within 24 hrs after installation or shipment when no installation is needed. Hirer is responsible for custody, maintenance and upkeep of such Equipment pursuant to the terms and conditions of this Agreement until the Equipment is picked up by Supplier or returned to Supplier subject to agreed terms of return shipment.
- It is the duty of the hirer to provide sufficient space for the siting and installation of Equipment on the Start Date.
- When the equipment does not require installation and the Equipment is shipped to Hirer, the carriers' receipt will establishHirer's receipt of the Equipment. It is the duty of the hirer to, after receipt of the Equipment, notify Supplier through this website within 24-hours of delivery if there are any defect inthe Equipment or personnel as the case may be. If the hirer notifies the supplier, itisstill important that he also notifies this website within 24hrs after the start date of the terms of such defect. The installation or Equipment or personnel will be deemed to be in perfect working condition for all purposes if no such notice is received from the hirer. The Equipment shall be returned to Supplier in a good working condition as it was at the commencement of the Agreement, with the exception of natural and ordinary wears and tears.
- Hirer agrees to abide by all terms of this agreement, all laws, ordinances, statutes, orders and rules as they apply to the storage, custody, use and maintenance of the Equipment. The Hirer also agrees that the Equipment/personnel shall be used for the sole purpose for which they are supplied, in careful, cautious and proper manner.
- The Hirer agrees to keep and maintain the Equipment in clean, good and healthy working condition and carry out repair during the term of the hire at his own expenses. The Hirer agrees to promptly inform Supplier of any damage to the Equipment as soon as practicable. He also agrees to bear sole responsibility for the cost to repair any damage to the Equipment during the tenure of Hirer’s use (This excludes any damage caused bynormal and proper use of equipment in line with the intended purpose of the hire) The Hirer is also responsible if the damage occurred on transit to and from Hirer for which the hirer was responsible for the shipping. However, such repair cost is not to exceed the replacement cost of the Equipment as specified in the agreement. When the Equipment gets lost or damaged beyond repair, the Hirer shall pay to Supplier the replacement cost of the Equipment as specified in the agreement. This does not stops the obligations of this Agreement from running to the full end of the term except it was stopped by any of the parties. Hirer agrees to promptly pay Supplier the cost of repair or replacement of the Equipment.When the damage occurs during a natural, normal and proper use of equipment in line with the intended purpose of the hire, the hirer shall notify Supplier through this website within 24-hours of such damage or defect on the Equipment. If the hirer notifies the supplier, it is still important that he also notifies this website within 24hrs after the start date of damage or defect. The installation or Equipment or personnel will be deemed to be in perfect working condition for all time if no such notice is received from the hirer.
- Hirer and Supplier agree to comply with all rules, regulations and state laws and statutes governing the custody, storage, use, maintenance and possession of the Equipment or personnel.
- Hirer agrees to keep the Equipment or personnel free and clear of any liens, or other encumbrances, and shall not do or permit any act to be done against the titlesof the Supplieror infringe on any rights ofSupplier. The Hirer agrees not to alter the Equipment in any material particular or deface it.
- Hirer agrees that no person operating or using the Equipment or supervising the personnel will be under the influence of any substance, including drugs, alcohol or any other intoxicant.
- Hirer agrees to obtain all licenses and permits required to operate the Equipmentor legitimize the use of the personnel. This includes motor vehicle license and other licenses and permits. Hirer agrees that ( prior to operating such Equipment), to require all operators of the Equipment to be properly registered or licensed and have requisite permits and requisite expertise.
- Hirer agrees to provide adequate and reasonable security for the equipment at sites to guide against Equipment theft, damage, loss or misuse.
- Hirer agrees that the Equipment provided by Supplier shall only be operated by competent hands, skilled with the operational expertise of such equipment.
- Hirer agrees to provide a conducive environment that is required for proper and efficient operational performance of the Equipment.
- Hirer agrees not to move Equipment or personnel under this agreement from where it was shipped or install to a different location against the "Permitted Area of Use" as specified in the agreement exceptwith awritten approval of the Supplier.
- Insurance. When it is required by the Supplier that the equipment shall be insured, the Hirer agrees to provide a comprehensive insurance for the equipment against all injury, liabilities and damages during its use by the Hirer. The Hirer also agrees to name Supplier in the policy as insured during the Hirer’s use of the equipment or personneland to provide a Certificate of Insurance to the Supplier which may be uploaded to Supplier through Eniwok website. Hirer therefore agrees that whereinsurance is required by Supplier, that a Certificate of Insurance shall be provided to the Supplier prior to the receipt of equipment.
- Payment Terms.
The following payments shall be made by the Hirer in full prior to the shipping day for Equipment or Personnel or the day of installation of the Equipment, as specified in the agreement and Supplier will not be under any obligation to ship or install the Equipment, except the payments stated below are paid on time.
- A rental charge for the first month of the term. However, when the term is less than one month, the Hirer shall pay the full rental charge.
- one-time up-front fees
- The shipping charges and return shipping charges;
- All assessments, taxes, governmental charges and fees in respect of the use, operation,repairs and sales of the equipment.
- A security deposit by the hirer prior to shipping (when required by the Supplier);
- When the equipment or personnel is not returned to the Supplier as agreed by both parties and the Supplier does not permit an automatic renewal, the term will renew automatically for a daily prorated charge and a daily charge based on the previously agreed rental charge of the initial term until thepersonnel or Equipment is returned. The hirer hereby agrees that payment for/during any renewal term shall be made accordingly as was made in the initial term.
- The hirer agrees that any failure to return the Equipment or personnelto the suppliers at the end of the term as agreed by both parties, the hirer shall pay all rental charges as specified in this section including any default charges as may be initially agreed by both parties.
- Hirer hereby agrees that all payments shall be paid by the hirer by providing credit card information of hirer to eniwok.com. The Hirer hereby authorizeseniwok.comto charge Hirer's credit card for all charges due under the terms of this Agreement. Both the. Supplier and hirer agree that eniwok.com and its partners are not parties to this agreement. Both parties also agrees that eniwok.com is simply providing billing and collection services to the Supplier and is not responsible for any obligations to Supplier or Hirer under the terms of this Agreement.
- Hirer agreesthat Eniwok shall hand over all payments made through eniwok.com to the Supplier after 24hrs of receiving the payment as Enowok is not a party to the transaction but simply offering its search engine, payment link and safety guide for both parties (Supplier and Hirer). Thus, Enowok is not a representative of either party
- Hirer agrees to pay security Depositwhen it is requested by theSuppliertobe held as security for Hirer's faithful performance of Hirer's commitments under this Agreement. The Supplier agrees that when no default has been made by the Hirer, such security deposit shall be returned to Hirer within 30 days after the Equipment or personnelhas been returned back to Supplier. Hirer agrees that if any contractual injury is suffered by the Supplier in form of any breach by Hirer under this Agreement, including any damage to the Equipment or debt incurred during the use of personnel. upon return to Supplier, Supplier may withhold that portion of the security deposit necessary to remedy the injury or cover the damages toSupplier’s equipmentor debt incurred during the use of personnel. The Supplier shall not be made to pay any interest on the security deposit or any part thereof.
- Taxes. Hirer agrees not to default in payment ofall charges for assessments, taxes, governmental and other legitimate charges and fees in respect of the use, operation, repairs and sales of the equipment or use of personnel, including penalties during the use and operation of the equipment or use of personnel. Such charges shall form part of rental payment to be made by Hirer.
- Cancellations. If Hirer chooses to cancelthe contract any time before the closing date of the contract, hirer shall pay a cancellation fee as specified in the contractual agreement between the two parties. When no such provision was made in the agreement, the hirer shall make a payment equals to 15% of the remaining value of the rental contract and a cancellation processing fee of $50 US.
- ENIWOK INDEMNITY AND RELEASE. The Supplier and Hirer agree and admit that their use of eniwokservices and website is principally to facilitate their hiring/rental transaction at their own risk. It is further agreed by both parties that eniwok is not an agent to any of the two parties and that eniwok website are provided on an "AS IS" and "AS AVAILABLE" basis and to the extent permitted by applicable state laws and statutes. Both parties (Supplier and Hirer/Renter) agreethat Eniwokhereby excludes all expressed or implied warranties in the contract. This includes, but not limited to implied warranties of fitness for a particular purpose, non-infringement, merchantability including theterms and conditions. Supplier and Hirer hereby agrees to release Eniwok, (and its employees, managers, directors, affiliates and subsidiaries, and their respective agents and shareholders) from all damages, allclaims, demands and (consequential or actual) of all kinds and nature, known and unknown, in any way connected with or arising out of any dispute each party has with one or any visitor to Eniwokwebsiteor user of eniwok services. Supplier and Hirer herebyexpressly agree to waive any protections (whether statutory or otherwise) that should otherwise limit the coverage of this release to Eniwok as has been expressly stated in this section to include also those claims which any of the parties may suspect or knowto exist in its favor before or at the time of agreeing to this release. The parties hereby agree that this Section applies without limitation, to any services either party may engage through the Eniwokwebsite; this includes courier and shipping services, payment services through the platform of eniwok website, legal and ADR services amongst others. It is agreed by both parties that Eniwok hasno liability to any party using any of eniwok affiliate services, including courier and shipping solutions.Each party further agrees to indemnify and defend Eniwokand its employees, managers, directors, affiliates and subsidiaries, and their respective agents and shareholders) (the "Eniwok Indemnified Parties"), and hold each of them harmless from and against any claim, petition, fine, and all losses, damages, expenses, penalties, suits, liabilities and obligations. This includes without limitation to attorneys' fees and any other losses that the EniwokProtected Parties shall incur or suffer relating to, or consequential to or arising out of or resulting from (a) this Agreement, (b) misconduct, deception, fraud or misrepresentation of Supplier or Hirer or any party or of persons acting for or on behalf either party, any act of negligence, pursuant to this Agreement, including without limitation, managers, directors, employees, contractors, agents and representatives of such party, (c) a breach of this Agreement by any of such party, (d) a breach of any law or the rights of a third party by any of such party. (e) animproper use of Eniwok's services or website by any of such party, or(f) dispute arising from ownership/rental of the Equipment or personnel, germane to this contract.
- Limited Warranty; Limitation of Liability of Supplier
- Supplier represents that Hirer shall be entitled to a peaceful and quietpossession of the Equipment or personnel services during the term of the rental, freed from all unlawful interferences with Hirer’s quiet possession as long as Hirer is in lawful compliance with the terms of this Agreement.
- Supplier expressly disclaims any liability in the event that any mechanical breakdown or failure of the Equipment should result in damage, loss, delay or any other interference in Renter's work product. Supplier's exclusive obligation and liability to Renter shall be to repair the equipment or provide Renter with the same or similar equipment, if the need for such repair or replacement arises from the normal and proper use of the Equipment in accordance with its intended purpose, in order to accomplish the same work, and to credit Renter for any rental payments made during such breakdown or failure due to normal and proper use, or to terminate this Agreement. The parties agree that the term shall be extended for any time lost due to breakdown or failure of the Equipment or personnel due to normal and proper use, unless Supplier elects to terminate the Agreement. SUPPLIER SHALL NOT BE LIABLE FOR ANY LIABILITY, LOSS, OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED BY THE EQUIPMENT OR ANY DEFECT OR INADEQUACY THEREOF. IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT.
- Supplier shall not be responsible for any of Renter's material remaining in Supplier's Equipment upon its return.
- SUPPLIER WARRANTS TO RENTER THAT THE EQUIPMENT OR PERSONNEL WILL BE FULLY OPERATIONAL AND FREE FROM DEFECTS IN MATERIAL OR WORKMANSHIP UNDER NORMAL USE AND SERVICE FOR THE PERIOD OF THE RENTAL. OTHER THAN THE FOREGOING LIMITED WARRANTY, SUPPLIER MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE ANY) WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE QUALITY OF THE EQUIPMENT OR PERSONNEL OR THE MATERIAL OR WORKMANSHIP IN THE EQUIPMENT OR PERSONNEL, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY COMPONENT THERETO, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND SUPPLIER HEREBY DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT (OTHER THAN THE FOREGOING LIMITED WARRANT) THE EQUIPMENT OR PERSONNEL IS RENTED TO RENTER "AS IS" AND ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY RENTER. RENTER HAS MADE THE SELECTION OF THE EQUIPMENT OR PERSONNEL FROM THE SUPPLIER BASED ON ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY SUPPLIER. RENTER FURTHER REPRESENTS THAT ALL ITEMS OF EQUIPMENT ARE OF SIZE, CAPACITY AND DESIGN SELECTED BY RENTER. EXCEPT AS PROVIDED IN THIS SECTION, SUPPLIER IS NOT RESPONSIBLE FOR ANY REPAIRS, SERVICE, MAINTENANCE OR DEFECT IN THE EQUIPMENT OR ITS OPERATION.
- Renter agrees to indemnify and defend Supplier and its shareholders, directors, officers, employees, attorneys and agents (the "Supplier Indemnified Parties"), and hold each of them harmless from and against any and all Losses that the Supplier Indemnified Parties shall incur or suffer arising out of, relating to, or resulting from (a) this Agreement, (b) Renter's use of the Equipment or personnel, (c) a breach of this Agreement by Renter, or (d) the gross negligence, willful misconduct, fraud, or misrepresentation of Renter or of persons acting for or on behalf of Renter pursuant to this Agreement, including without limitation, officers, directors, employees, agents and contractors of such party.
- Force Majeure. Neither party shall be held liable for breach of this Agreement in the event that all or substantially all of its obligations under this Agreement are materially interfered by reason of any cause or occurrence beyond the control of such party, including without limitation, machine malfunction (except to the extent caused by intentional or grossly negligent acts of such party, its employees or agents), fire, flood, epidemic, earthquake, explosion, accident, war, blockage, embargo, act of public enemy, civil disturbance, labor dispute (or threatened disputes). If the force majeure events prevents Supplier from performing its obligations hereunder, Renter may terminate this Agreement without liability and rent the Equipment or personnel from another supplier. If the force majeure events prevents Renter from performing its obligations hereunder, Supplier may terminate this Agreement without liability and rent the Equipment or personnelto someone else or otherwise make use of the Equipment or personnel.
- Default by Renter.
- If Renter fails to perform or fulfill any obligation under this Agreement, other than due to a force majeure event as specified in the Section titled "Force Majeure" above, Renter shall be in default of this Agreement. Subject to any statute, ordinance or law to the contrary, Renter shall have seven (7) days from the date of notice of default by Supplier to cure the default. If Renter does not cure a default in such time frame, Supplier may at Supplier's option (a) cure such default and the cost of such action may be added to Renter's financial obligations under this Agreement; or (b) declare Renter in default of this Agreement. If Renter shall become insolvent, cease to do business as a going concern, if applicable, or if a petitions has been filed by or against Renter under the Bankruptcy Act or similar federal or state statute, Supplier may immediately declare Renter in default of this Agreement. In the event of default, Supplier may, at its option, holder Renter liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term and any rent paid by any successive renter if the Personnel or Equipment is re-let minus the cost and expenses of re-letting and taking possession of the Personnel or Equipment, if applicable. If Supplier is unable to re-let the Personnel or Equipment during the remaining term of this Agreement, after default by Renter, Supplier may at its option hold Renter liable for the balance of the unpaid rent under this Agreement if this Agreement had continued in force.
- Renter, upon execution of this Agreement, and during all times that the Equipment or personnelis on Renter's premises, grants Supplier an irrevocable right of entry to Renter's premises for the sole and limited purpose of Supplier's reclamation of its Equipment or personnelin the event that Renter defaults under this Agreement.
- Assignment. This Agreement shall not be assigned by Renter without the prior written consent of Supplier. Upon consensual assignment, this Agreement and the rights and obligations hereunder shall be binding upon the successors and assigns of Renter.
- Governing Law. This Agreement shall be governed by and construed according to the laws of the state where Supplier's headquarters are located, applicable to contracts entered into and wholly performed in such state, and irrespective of any conflicts of law rules related thereto.
- Partial Invalidity. Nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to law, and whenever there is any conflict between any provision of the Agreement and any statue, law, ordinance, order, or regulation, the latter shall prevail, but in such event, any provision of this Agreement so affected shall be curtailed and limited to the extent necessary to bring it within the legal requirements. In the event that any portion of these terms and conditions shall be held to be invalid or unenforceable in a court of law or equality; (i) the parties agree to negotiate in good faith an acceptable alternative provision which reflects as closely as possible the intent of the enforceable provision; and (ii) the validity and legality of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby, and shall remain in full force and affect.
- No Waiver. The failure of either party to insist upon the other party's performance of any obligations hereunder shall not be construed as a waiver of or the breach of any obligation of either party or of any subsequent breach of which obligation. The failure of either party to exercise any right or remedy which it may have hereunder or under the law shall not be construed as a waiver of any other right or remedy which the party may have hereunder or under the law.
- Cumulative Remedies. Any right and remedy belonging to Supplier hereunder or under the law shall be deemed cumulative and not exclusive of one another and the exercise by Supplier of any such right or remedy shall not preclude Supplier from exercising or enforcing any other right or remedy it may have.
- Attorney's Fees. Upon a dispute under this Agreement, the prevailing party shall be reimbursed by the non-prevailing party for any and all commercially reasonable expenses incurred including legal expenses and actual reasonable attorney fees, in enforcing the terms and provisions of this Agreement.
- Arbitration. All disputes arising from this Agreement, or from any other agreement that exists between the parties to this Agreement, shall be referred for binding arbitration to be provided by Eniwok. In the event that arbitration is found not to apply to the parties or to a particular claim or dispute under this Agreement, Renter hereby irrevocably consents to the jurisdiction of the state and federal courts of the State where Supplier's headquarters are located, to accept service of all summons, complaints, and other process of such court(s), and that such court(s) is a convenient forum for resolution of disputes arising out of or related to this Agreement.
- Notices. All notices to be given hereunder must be in writing and shall be given by the parties hereto only in one of the following ways: (1) by personal delivery, (2) by certified mail, postage prepaid, or (3) by facsimile, with confirmation of receipt, to the contact person and address specified in the Rental.
- Miscellaneous. This Agreement and the Rental contain the entire understanding between the parties and supersedes all prior understandings of the parties hereto relating to the subject matter hereof. This Agreement may not be modified, nor may any provision be waived, except by an instrument in writing, signed by both parties. Paragraph headings used herein are for convenience only and shall not be used in any way to interpret the provisions of this Agreement. Supplier and Renter hereby accept each other's electronic signature as binding insofar as such signatures relate to this Agreement and any other dealings between the parties to this Agreement.