Sanctus Healthcare Private Limited (SHPL) rents to the Renter signing this Agreement medical equipment of description as above for such term as specified above and subject to all the terms and conditions set forth in this Rental agreement as follows –

1. The medical equipment is the property of SHPL and is in good condition. Renter shall return equipment in the same condition as when received to SHPL, at the end of the rental period for inspection, or sooner, upon the demand by SHPL. SHPL may repossess the medical equipment at any time if it is used in violation of the terms of this agreement.
2. Renter may cancel this order 24 hours prior to delivery at full cost of total to the Renter, if Renter cancels during the rental period after delivery, then Renter is liable to pay the full amount
3. Renter assumes all risk and liability for any loss, damage or injury, including death, to persons or property of Renter or others arising out of the incorrect use or operation of the medical equipment.
4. The additional conditions outlined above have been reviewed and accepted as part of this agreement
5. Renter is responsible for the medical equipment and will reimburse SHPL, Legal Owner of Equipment, for the full cost of replacement upon demand for any damage, loss, theft, or destruction of the medical equipment. The Renter understands and authorizes that SHPL will charge the Renter for any repair costs or the replacement costs of the medical equipment that may be deemed necessary upon inspection at SHPL’s own premises
6. The following restrictions are cumulative and each shall apply to every use, operation of the medical equipment. Under no circumstances shall the medical equipment be used, operated by any person: a) under the age of 18; or b) while under the influence of intoxicants or narcotics; or c) in an unsafe manner.
7. Renter shall defend, indemnify and hold harmless SHPL, all of their agents, officers, servants, and employees from and against any and all losses, liability claims, damages, injuries, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage or injury claimed by persons that may arise from the use or operation of the medical equipment, provided that such loss or damage was not caused by the fault or gross negligence and willful misconduct of SHPL or its employees.
8. Renter assumes all costs and expenses of every kind and nature, arising out of and in connection with the use or operation of the medical equipment.
9. SHPL assumes no liability or responsibility for any acts or omissions of Renter or of Renter’s agents, servants, or employees.
10. Renter shall notify SHPL immediately of any and all accidents and damage resulting from the use or operation of the medical equipment.
11. Renter shall notify SHPL immediately of any and all accidents and damage resulting from the use or operation of the medical equipment.
12. Renter or the user or operator of the medical equipment shall in no event be deemed the agent or employee of SHPL in any manner or for any purpose whatsoever.
13. Any individual executing this Agreement as Renter even if in a representative capacity shall be bound personally, jointly and severally, with such fiduciary, corporation or other entity as to all obligations, expressed or implied, arising hereunder.
14. This Agreement shall be binding upon the heirs, next of kin, executors, administrators and personal representatives of the undersigned Renter.
15. The terms of this Agreement are to be read together with the General Terms and Conditions and the Renter hereby agrees to abide by the terms and conditions mentioned therein.
16. All disputes are subject to exclusive jurisdiction of the courts in Pune, Maharashtra
17. SHPL reserves the right to refuse renting to anyone if deemed necessary.

ARTICLE 1: RENTAL

The applicability of the following general terms and conditions of rent (“General Conditions”) have  been  agreed   between Renter  (“Renter”)  and  Sanctus Healthcare Private Limited (henceforth “SHPL”)   These General Conditions  shall apply to all offers and quotations of SHPL,  as  well  as  to  any  rental  agreement (“Rental  Agreement”)  under which SHPL places an equipment (“Rental Equipment”) at the disposal  of Renter, as described in Article 2 of these General Terms and Conditions.

Any deviation from or amendment to the provisions  of these General  Conditions and/or the Rental Agreement will only be valid if confirmed in writing by SHPL.

All   quotations   and    proposals    from    SHPL    are    non-binding.   After confirmation of the order by SHPL, a Rental Agreement between Renter and SHPL will be concluded.  An agreement will only come into force after the Rental Agreement is signed by both SHPL and Renter. All orders placed with SHPL must be complete and contain a detailed description of the desired Rental Equipment.

The period of rent is stipulated in the Rental Agreement. After expiration of the minimum term, the Rental Agreement shall be extended for an agreed period of time, subject to the payment obligation as mentioned in Article 4 to these General Terms and Conditions.

The Rental Agreement can be terminated by giving 3 day notice by SHPL.

ARTICLE 2: EQUIPMENTS

The Rental Equipment is and remains the sole and absolute property of SHPL. Renter will specify a designated contact person and the address at which the rental Equipment is to be placed. Renter remains  at   all  times   responsible  for   all  its  obligations under  the   Rental Agreement (and  the  General  Conditions), without  prejudice  to  the  liability  of third  parties.

Prior  to delivery  of  the Rental  Equipment,  Renter  is  obliged  to pay  an  advance rental deposit to SHPL. The amount of the deposit is stated in the Rental Agreement.  Renter shall not be entitled to off-set the deposit with any claims of SHPL towards Renter.  SHPL   shall   repay   any   difference between advance rental and refund due if any to Renter without interest, upon termination of the Rental Agreement and as soon as Renter has complied with all obligations from this Rental Agreement.

SHPL shall arrange for the    delivery of the Rental Equipment at the address designated by Renter. Unless otherwise agreed, all costs concerning  the transport and  delivery  of  the  Rental  Equipment,  which  includes  packing  material,  special service or other freight charges, are borne by Renter. SHPL retains the right to change the applicable charges without notice.

Only after the prior written consent of SHPL, Renter is entitled to relocate the Rental Equipment. SHPL can arrange for transportation of the Rental Equipment, for instance in case of relocation or at the end of the Rental Agreement.  All costs are borne by Renter. Any statement as to the time of delivery of a Rental Equipment shall be made to the best knowledge of SHPL, but shall have no binding force. Renter  is not  entitled  to  demand  cancellation of  the Rental  Agreement  in  the event  of a delay. SHPL will not be liable for any damages sustained by Renter as a result of a delay unless such damage is the result of a breach of this Rental Agreement, wilful misconduct or gross negligence on the part of SHPL.

It is the responsibility of Renter to inspect the (conditions of the) Rental Equipment upon receipt. Any visible defects must be reported immediately in writing by Renter to SHPL.  All other  defects  or  damages existing  on  the  moment of delivery (or thereafter), must  be reported to SHPL in writing no later  than one day  after  the  delivery  date.  In the event that no defects or damages are reported within one working day after the delivery of the Rental Equipment, Renter will be deemed to have received the Rental Equipment without any defects or damages.

ARTICLE 3: USAGE

Renter is at all times fully responsible for the Rental Equipment in use with due care and that it be exclusively used for its designated purpose. The Rental Equipment should be used by competent persons in accordance with procedure explained by the delivery team of SHPL, Rental Equipment’s manual if any and other operating instructions. Renter shall maintain any identifying mark or packaging on the Rental Equipment.  No modifications to the Rental Equipment of any nature are permitted.

On delivery, if applicable the Rental Equipment is verified and accompanied by applicable certification concerning the performance, the electrical safety, the frequency and temperature, depending on the type of Rental Equipment. Renter must  immediately notify  SHPL  in  writing  of  any  defect  of the  Rental  Equipment.  SHPL can arrange for the repair   or replacement of the Rental   Equipment.   If repair   or replacement of   the Rental   Equipment   is necessary,   all   costs   of   repair   and transportation   of    the    Rental      Equipment,    are    for    the    account   of    Renter. Not with tanding the provisions of the above mentioned, SHPL will provide for repair and/or replacement of the Rental Equipment in case of manufacturing flaws, this at the sole discretion of SHPL.

ARTICLE 4: PAYMENT

The rent for the minimum term (30 days) with respect to the Rental Equipment shall be adjusted against the advance rental paid by the Renter. The rent is payable by Renter until the Rental Equipment is returned to SHPL, in accordance with the next Article of these General Conditions.

All payment terms must be considered to be final. The date of payment shall be the date upon which the payment is received on SHPL's account. Payment must be made without any deduction, set-off or withholding of any nature. All prices are subject to change. Nevertheless, prices are valid on the date of issue and price changes shall not affect the rent during the term of the first term signed up for by the Renter in the Rental Agreement.

ARTICLE 5: COMMERCIAL

All rentals are collected in advance. In case there is a shortfall, the SHPL will raise an invoice for collection of rental in advance.

Nominal delivery and pick up charges will be payable by the Renter. SHPL retains the right to change these at any time.

All advances will remain with SHPL and only the difference, if any between the monthly rental due at the end of the period and the advance rental paid will be returned to the Renter. No interest is payable in any case by SHPL.

SHPL retains the right to change the advance rental and the monthly rental amounts at the end of a period. SHPL will endeavour to inform the Renter in advance.

SHPL will replace/repair at its own cost a rental Equipment if the defects are pointed out on delivery. SHPL retains the right to charge a reasonable amount for replacement and/or repair subsequently

The Renter agrees to use the Rental Equipment as per the designated use only and return the Rental Equipment in a sanitized condition.

SHPL will endeavour to explain the proper usage of the Rental Equipment at the time of delivery. However, SHPL will not be responsible for any injury, mental and emotional stress that could be caused by the wrong usage of the Rental Equipment by the Renter.

ARTICLE 6: MISCELLANEOUS

Should Renter desire to terminate the Rental Agreement in accordance with Article ‘1. Rental’ of these conditions, Renter should notify SHPL in writing or by calling the Stores In charge/ Relationship Manager.  Subsequently, SHPL shall arrange for the pickup and the return of the Rental Equipment, at the expense of Renter paid in advance by the Renter.

Before the pickup of the Rental Equipment, Renter should ensure it is sanitized. If the Rental Equipment is not (well) sanitized, Renter is obliged to compensate any cost in that respect incurred by SHPL. At the end of the Rental Agreement, the Rental Equipment should be in good and workable condition, taking normal wear and tear into account. Renter is responsible for all costs to be incurred in case of (partial or full) loss of the Rental Equipment or any damage to the Rental Equipment.

SHPL is not liable for any damages of any nature, direct or indirect, including consequential losses to goods, property or persons, at the premises of Renter. SHPL is not liable for any (consequential) damages resulting from or caused by the (proper or improper) use of the Rental Equipment or by its unsuitability for the purpose for which Renter has rented it. In the event  that  it   should   be   established  in   or   out  of   court  that  SHPL, notwithstanding the  above, is liable, on any grounds,  any liability of SHPL shall at all times  be limited  to an
amount equal  to a maximum of 2 times the minimum term rent of the Rental Equipment with which this liability is related to or from which this liability follows. Renter shall indemnify SHPL, all its employees, agents and servants for any and all liabilities of third parties of any nature and in relation to this Rental Agreement.

SHPL  shall  be  entitled  to  terminate the  Rental  Agreement  prematurely, without being required  to give any notice of default, in the event that Renter fails to   fulfil   any  provision   of  the   Rental   Agreement  and/or  these   General Conditions. In case of premature termination as set out above, all outstanding rent as well as all future rent instalments under the Rental Agreement, are immediately due and payable by Renter and will be adjusted against the Advance Rental paid. In case the Renter’s liability is more than the
amount of the Advance Rental then, Renter will obliged to pay the difference immediately.