Equipment Hire Agreement
Between PHW Ltd trading as DoctoriumGP ("the Owner") and the Hirer named below
Contents
P Parties
Owner
Hirer
1 Definitions and Interpretation
In this Agreement, the following terms have the meanings set out below:
| Term | Definition |
|---|---|
| "Agreement" | This Equipment Hire Agreement including all Schedules and Appendices. |
| "Business Day" | Any day other than a Saturday, Sunday, or public holiday in England. |
| "Commencement Date" | The date on which the Equipment is delivered to the Hirer's Premises, as recorded on the Delivery Checklist. |
| "Consumables" | Any disposable items required for the operation of the Equipment, including but not limited to RF microneedling tips, applicator pads, gel pads, and coupling media. |
| "Delivery Location" | The Hirer's premises at [HIRER PREMISES ADDRESS] and no other location. |
| "Deposit" | The sum of [DEPOSIT AMOUNT] payable by the Hirer prior to the first Hire Period. |
| "Equipment" | The device(s) described in Schedule 1, together with all accessories, cables, applicators, handpieces, and ancillary items listed therein. |
| "GPS Tracking" | The Apple AirTag and/or dedicated GPS tracking devices fitted to the Equipment by the Owner. |
| "Hire Fee" | The fee payable by the Hirer for the hire of the Equipment, as set out in Schedule 1. |
| "Hire Period" | The period during which the Equipment is hired to the Hirer, as specified in Schedule 1. |
| "IFU" | The manufacturer's Instructions for Use for the Equipment. |
| "Normal Wear and Tear" | Deterioration consistent with proper use of the Equipment in accordance with the IFU and this Agreement. |
| "Owner" | PHW Ltd (trading as DoctoriumGP), the sole legal owner of the Equipment. |
| "Trained Operator" | Any person who has completed the Owner's device training programme and signed the Operator Training Acknowledgement Form (Schedule 3). |
2 Equipment Description and Condition
2.1 Equipment Details
The Equipment hired under this Agreement is described in full in Schedule 1, including: device make, model, and serial number; all included accessories, applicators, and handpieces; estimated replacement value; and any known cosmetic marks or pre-existing conditions.
2.2 Condition on Delivery
The Equipment shall be delivered in good working order, clean, fully functional, and ready for clinical use. Both parties shall complete the Delivery Condition Report (Schedule 2) at the point of handover, which shall include dated photographs from all angles, written description of condition, confirmation the Equipment powers on and functions correctly, and signatures of both parties' representatives.
2.3 Ownership
The Equipment is and shall at all times remain the sole property of the Owner. Nothing in this Agreement shall transfer or be deemed to transfer any ownership interest in the Equipment to the Hirer. The Hirer shall not:
- Sell, sub-hire, lend, pledge, charge, or otherwise deal with the Equipment
- Alter, modify, disassemble, or interfere with the Equipment in any way
- Remove, obscure, or tamper with any serial numbers, labels, GPS tracking devices, or ownership markings
- Allow any lien, encumbrance, or third-party claim to arise over the Equipment
3 Hire Period and Rates
3.1 Hire Type
This Agreement covers the following Hire Type (tick one):
3.2 Hire Fee
| Item | Detail |
|---|---|
| Equipment | [DEVICE NAME] |
| Hire Type | [AD HOC / BLOCK / WEEKLY / RETAINER] |
| Rate | [HIRE RATE] per [DAY / BLOCK / WEEK / MONTH] |
| Delivery Zone | Zone [1 / 2 / 3] — [DISTANCE] miles from Derby |
| Delivery Surcharge | [NIL / £75 / £150] per trip |
| Consumables | [TYPE] at £[RATE] per unit (if applicable) |
| Total Hire Fee | £[TOTAL] |
3.3 Hire Dates
| Item | Detail |
|---|---|
| First Hire Date | [START DATE] |
| End / Return Date | [END DATE] |
| Retainer Start (if applicable) | [RETAINER START] |
| Retainer End (if applicable) | [RETAINER END] |
| Agreed Hire Days (retainer) | [e.g. Wed, Thu, Fri each week] |
3.4 Renewal
For Monthly Retainer arrangements: the initial term is 3 months from the Retainer Start Date. After the initial term, the Agreement continues on a rolling monthly basis. Either party may terminate a rolling retainer by giving 30 days' written notice. The Owner reserves the right to review Hire Fees at the end of each initial or renewal term, giving 30 days' notice of any change.
4 Payment Terms
4.1 Deposit
The Hirer shall pay a refundable Deposit of £[DEPOSIT AMOUNT] prior to the first Hire Period. The Deposit shall be held by the Owner for the duration of the hire relationship; applied against any outstanding Hire Fees, damage costs, or unreturned Equipment; and returned within 14 days of the final return of the Equipment in satisfactory condition, less any legitimate deductions.
| Device | Deposit |
|---|---|
| BTL EMSella | £2,500 |
| BTL Emsculpt Neo | £5,000 |
| BTL Exion (any mode) | £3,000 |
| SkinScope AI | £1,000 |
| Multiple devices | Sum of individual deposits, max £10,000 |
4.2 Hire Fee Payment
- Ad Hoc and Block Hire: Full Hire Fee payable in advance, at least 48 hours before the scheduled delivery date.
- Weekly Hire: Full Hire Fee payable in advance before delivery.
- Monthly Retainer: Payable by standing order or direct debit on the 1st of each month in advance. First month's payment due before the first delivery.
4.3 Consumables
Consumables (where applicable) are invoiced separately at the end of each Hire Period, payable within 7 days.
4.4 Late Payment
If any payment is overdue by more than 7 days: the Owner may charge interest at 4% above the Bank of England base rate, calculated daily from the due date; the Owner may suspend further Equipment deliveries until the account is brought up to date; and the Owner may require collection of any Equipment currently at the Hirer's premises.
4.5 Payment Details
| Detail | Information |
|---|---|
| Account Name | PHW Ltd |
| Sort Code | [SORT CODE] |
| Account Number | [ACCOUNT NUMBER] |
| Reference | DGP-HIRE-[REF] |
5 Delivery and Collection
5.1 Delivery
- The Owner (Ade Whetton, Managing Director) shall personally deliver the Equipment to the Delivery Location using the Owner's dedicated transport vehicle.
- Delivery shall be at the agreed date and time, subject to reasonable traffic and weather delays.
- The Hirer shall ensure safe, ground-floor access to the Delivery Location, with adequate space to receive and position the Equipment.
- The Owner shall set up the Equipment, confirm it is operational, and complete the Delivery Condition Report with the Hirer.
5.2 Collection
- The Owner shall collect the Equipment at the agreed date and time at the end of the Hire Period.
- The Hirer shall have the Equipment ready for collection — powered off, in the same location as delivered, with all accessories and Consumables waste separated.
- Both parties shall complete the Return Condition Report at the point of collection.
5.3 Delivery Zones
| Zone | Distance from Derby | Surcharge (per trip) | Notes |
|---|---|---|---|
| Zone 1 | 0–60 miles | Included | Standard delivery area |
| Zone 2 | 60–150 miles | £75 | Per delivery and collection trip |
| Zone 3 | 150+ miles | £150 | Block booking or retainer only |
5.4 Access and Parking
The Hirer shall provide: clear, unobstructed access from the nearest parking area to the treatment room; adequate parking for the Owner's vehicle during delivery and collection (minimum 30 minutes); and a dedicated, lockable treatment room with an appropriate power supply (standard UK 13A socket).
5.5 Risk Transfer
Risk transfers to the Hirer upon signature of the Delivery Condition Report. Risk transfers back to the Owner upon signature of the Return Condition Report. During transit, the Equipment is at the Owner's risk.
6 Owner's Obligations
The Owner shall:
- 6.1 Deliver the Equipment in good working order, properly maintained and cleaned, ready for clinical use.
- 6.2 Provide initial device training to the Hirer's operators (included in the first Hire Period at no additional cost). Subsequent training sessions may be charged at £150 per session.
- 6.3 Provide telephone and video support during the Hire Period, responding to queries within 2 hours during Business Days (09:00–17:00).
- 6.4 Maintain goods-in-transit insurance covering the Equipment during delivery and collection.
- 6.5 Maintain all-risks equipment insurance covering the Equipment at any UK premises.
- 6.6 Supply Consumables where required, at the agreed rates.
- 6.7 Arrange and pay for routine servicing and maintenance of the Equipment.
- 6.8 Give the Hirer reasonable notice (7 days for ad hoc; 14 days for retainer) if the Owner needs to recall the Equipment. Hire Fee for affected dates shall be waived or credited.
7 Hirer's Obligations
7.1 Proper Use
- 7.1.1 Use the Equipment solely for its intended clinical purpose, in strict accordance with the manufacturer's IFU.
- 7.1.2 Ensure the Equipment is operated only by Trained Operators who have signed the Operator Training Acknowledgement Form (Schedule 3).
- 7.1.3 Not use the Equipment for any purpose for which it is not designed, approved, or intended.
- 7.1.4 Follow all applicable clinical protocols, including patient consent, screening, and documentation.
7.2 Regulatory Compliance
- 7.2.1 Maintain all registrations, licences, and approvals required, including: CQC registration (where required), local authority laser/IPL registration (where applicable), any licences under the Health and Care Act 2022 non-surgical cosmetic procedures scheme (when enacted), and MHRA compliance.
- 7.2.2 Ensure all operators hold appropriate professional qualifications and indemnity insurance.
- 7.2.3 Immediately notify the Owner if any registration, licence, or insurance lapses or is suspended.
7.3 Care of Equipment
- 7.3.1 Keep the Equipment at the Delivery Location at all times. Must not be moved without the Owner's prior written consent.
- 7.3.2 Keep the Equipment clean, in good condition, and protected from damage, theft, and environmental hazards.
- 7.3.3 Not attempt to repair, service, modify, or disassemble the Equipment. Report any fault immediately.
- 7.3.4 Not remove, interfere with, or obstruct the GPS Tracking devices fitted to the Equipment.
- 7.3.5 Ensure the Equipment is stored securely when not in use, in a locked room with controlled access.
7.4 Insurance
| Insurance Type | Minimum Cover |
|---|---|
| Professional Indemnity | £5,000,000 |
| Public Liability | £5,000,000 |
| Employer's Liability | £10,000,000 (statutory) |
The Hirer shall provide copies of current insurance certificates before the first Hire Period and upon each renewal. Insurance must not exclude hired, loaned, or borrowed equipment.
7.5 Patient Records and Data
The Hirer is solely responsible for all patient records, consent forms, and clinical documentation. The Hirer shall comply with UK GDPR and the Data Protection Act 2018.
7.6 Access
The Hirer shall permit the Owner or its representatives to inspect the Equipment at the Delivery Location upon reasonable notice during Business Days.
8 Condition of Equipment
8.1 Delivery Inspection
At delivery, both parties shall: complete the Delivery Condition Report (Schedule 2); take dated photographs; record any pre-existing marks or imperfections; confirm the Equipment powers on and functions correctly; and both sign and date the report.
8.2 Return Inspection
At collection, both parties shall: complete the Return Condition Report (Schedule 2); take dated photographs; compare return condition against the Delivery Condition Report; note any new damage, marks, or missing items; and both sign and date the report.
8.3 Disputes on Condition
If the parties disagree on condition at return: the Return Condition Report shall be annotated with both parties' observations; the Owner shall obtain a professional assessment within 14 days; if the Hirer disputes the assessment, the matter shall be referred to an independent assessor agreed by both parties, whose decision shall be binding.
9 Damage, Loss and Theft
9.1 Damage
- 9.1.1 The Hirer is responsible for any damage not attributable to Normal Wear and Tear.
- 9.1.2 The Hirer shall report any damage immediately, and within 24 hours at the latest.
- 9.1.3 The Hirer shall be liable for repair costs. If damaged beyond economical repair, the Hirer shall be liable for the full replacement value stated in Schedule 1.
9.2 Loss and Theft
- 9.2.1 The Hirer shall immediately report any loss or theft to the Owner and to the police.
- 9.2.2 The Hirer shall be liable for the full replacement value.
- 9.2.3 The Hirer shall cooperate fully with the Owner, the Owner's insurers, and the police.
- 9.2.4 The Hirer acknowledges and consents to the use of GPS Tracking for recovery purposes.
9.3 Deposit Deductions
The Owner may deduct from the Deposit any sums due under this clause. If the Deposit is insufficient, the Hirer shall pay the balance within 14 days of the Owner's written demand.
10 Insurance
10.1 Owner's Insurance
- Goods-in-transit insurance (minimum £150,000 per device)
- All-risks equipment insurance at any UK location (portfolio replacement value)
- Public liability covering delivery and collection activities at third-party premises
10.2 Hirer's Insurance
The Hirer shall maintain the insurance set out in clause 7.4. Treatments delivered using the Equipment must be covered. The Hirer shall notify the Owner of any claim or potential claim within 48 hours. Neither party shall do anything to invalidate either party's insurance.
10.3 Insurance Claims
In the event of damage, loss, or theft: the Owner shall manage the claim under the Owner's all-risks policy; the Hirer shall cooperate fully; any excess or shortfall between the insurance payout and the repair/replacement cost shall be the Hirer's responsibility.
11 Liability and Indemnity
11.1 Owner's Liability
- 11.1.1 The Owner warrants the Equipment shall be delivered in good working order, fit for its intended purpose.
- 11.1.2 The Owner's total liability shall not exceed the greater of: (a) total Hire Fees paid in the 12 months preceding the claim; or (b) the replacement value of the Equipment.
- 11.1.3 The Owner shall not be liable for any indirect or consequential loss, including loss of profit, revenue, patients, business opportunity, or reputational damage.
- 11.1.4 Nothing in this Agreement limits liability for death or personal injury caused by negligence, or for fraud.
11.2 Hirer's Indemnity
The Hirer shall indemnify the Owner against all claims, demands, damages, losses, costs, and expenses arising from: the use of the Equipment during the Hire Period; any treatment delivered; any breach of this Agreement; any negligent act or omission of the Hirer; and any patient or third-party claim. This indemnity shall survive termination of this Agreement.
12 Cancellation and Termination
12.1 Cancellation by Hirer
| Notice Period | Cancellation Fee |
|---|---|
| 7+ Business Days before delivery | No fee |
| 3–6 Business Days | 25% of Hire Fee |
| 1–2 Business Days | 50% of Hire Fee |
| Less than 24 hours / no-show | 100% of Hire Fee |
12.2 Cancellation by Owner
The Owner may cancel with at least 7 days' notice (14 days for retainer clients). No Hire Fee shall be payable for cancelled dates. If the Owner cancels with less notice, the Owner shall offer a priority re-booking or 10% discount on the next hire.
12.3 Immediate Termination (Either Party)
Either party may terminate immediately if: the other commits a material breach and fails to remedy it within 14 days of written notice; or the other becomes insolvent, enters administration, or is subject to a winding-up petition.
12.4 Immediate Termination by Owner
The Owner may terminate immediately and require return of the Equipment if:
- The Hirer fails to pay within 14 days of the due date
- The Hirer's insurance lapses or is cancelled
- The Hirer loses any required registration, licence, or approval
- The Equipment is used by an untrained or unqualified operator
- The Equipment is moved without the Owner's consent
- The Equipment is damaged through misuse or negligence
- The Owner reasonably believes the Equipment is at risk
12.5 Consequences of Termination
On termination: the Hirer shall make the Equipment available for immediate collection; all outstanding sums become immediately payable; the Deposit shall be applied against outstanding amounts; and clauses 9, 11, 14, and 15 survive termination.
13 Geographic Restrictions
13.1 Premises Restriction
The Equipment must remain at the Delivery Location at all times during the Hire Period. The Hirer shall not move, transport, or permit the Equipment to be moved to any other premises, vehicle, or location without the Owner's prior written consent.
13.2 GPS Tracking
The Equipment is fitted with GPS Tracking devices. The Hirer acknowledges that: the Owner may monitor the Equipment's location at any time; GPS Tracking is used for security, recovery, and insurance purposes; interference with GPS Tracking is a material breach of this Agreement.
13.3 Non-Solicitation
During the Hire Period and for 12 months after termination, the Hirer shall not directly or indirectly solicit, approach, or entice away any patient or client of DoctoriumGP.
14 Data Protection
14.1 Patient Data
The Hirer is the data controller for all patient data. The Owner does not process, access, or store any patient data. Any patient data stored on the Equipment (treatment logs, usage data) shall be cleared by the Hirer before return. The Hirer shall comply with UK GDPR and the Data Protection Act 2018.
14.2 Equipment Data
The Equipment may record operational data such as usage hours, treatment counts, and error logs. This data does not contain patient-identifiable information and belongs to the Owner. The Owner may access this data for maintenance, billing, and quality assurance purposes.
15 Confidentiality
Each party shall keep confidential all information of a confidential nature obtained from the other, including: Hire Fees and commercial terms; patient lists and treatment data; business plans, strategies, and financial information; and technical specifications and treatment protocols.
This obligation does not apply to information that is publicly available, was already known to the receiving party, or is required to be disclosed by law.
This confidentiality obligation survives termination for 2 years.
16 Force Majeure
Neither party shall be liable for failure or delay caused by circumstances beyond its reasonable control, including: acts of God, fire, flood, severe weather; epidemic, pandemic, or government-imposed restrictions; war, terrorism, civil unrest; strikes or industrial action; failure of utilities or telecommunications; and vehicle breakdown or road closures.
The affected party shall notify the other as soon as reasonably practicable and take all reasonable steps to mitigate the effect. If a force majeure event continues for more than 30 days, either party may terminate by written notice.
17 General Provisions
- 17.1 Entire Agreement: This Agreement constitutes the entire agreement and supersedes all prior negotiations, representations, or agreements.
- 17.2 Variation: No variation shall be effective unless in writing and signed by both parties.
- 17.3 Waiver: A failure or delay to exercise any right shall not constitute a waiver.
- 17.4 Severability: If any provision is invalid or unenforceable, the remaining provisions continue in full force.
- 17.5 Notices: All notices shall be in writing and delivered by email (with read receipt) or recorded delivery post.
- 17.6 Third Party Rights: No rights are conferred on any person other than the parties.
- 17.7 Assignment: The Hirer shall not assign, transfer, or sub-contract without the Owner's written consent.
- 17.8 Governing Law: This Agreement is governed by the laws of England and Wales.
- 17.9 Jurisdiction: The courts of England and Wales have exclusive jurisdiction.
18 Signatures
Signed for the Owner
Signed for the Hirer
Witness (Owner)
Witness (Hirer)
Schedule 1 Equipment and Hire Details
| Item | Detail |
|---|---|
| Device | [DEVICE MAKE AND MODEL] |
| Serial Number | [SERIAL NUMBER] |
| Included Accessories | [LIST ALL ACCESSORIES] |
| Estimated Replacement Value | £[REPLACEMENT VALUE] |
| Hire Type | [AD HOC / BLOCK / WEEKLY / RETAINER] |
| Hire Rate | £[RATE] per [PERIOD] |
| Hire Dates | [START] to [END] |
| Delivery Zone | Zone [1/2/3] |
| Delivery Surcharge | £[AMOUNT] per trip |
| Deposit | £[DEPOSIT] |
| Consumables | [TYPE at RATE per unit] |
Schedule 2 Condition Report Template
Delivery Condition Report
| Item | Observation |
|---|---|
| Date and Time of Delivery | |
| Overall Condition | Excellent / Good / Acceptable / See notes |
| Exterior / Housing | |
| Screen / Display | |
| Power Cable and Plug | |
| Applicators / Handpieces | |
| Wheels / Castors | |
| Pre-existing Marks or Damage | |
| Powers On Correctly | Yes / No |
| Functions Tested Successfully | Yes / No |
| Photographs Taken | Yes — ___ photos |
| Notes |
Owner's Representative: _________________ Date: _________________
Hirer's Representative: _________________ Date: _________________
Return Condition Report
| Item | Observation |
|---|---|
| Date and Time of Collection | |
| Overall Condition | Excellent / Good / Acceptable / See notes |
| Exterior / Housing | |
| Screen / Display | |
| Power Cable and Plug | |
| Applicators / Handpieces | |
| New Damage or Marks | |
| Powers On Correctly | Yes / No |
| Patient Data Cleared | Yes / N/A |
| All Accessories Returned | Yes / No — missing: _________ |
| Photographs Taken | Yes — ___ photos |
| Notes |
Owner's Representative: _________________ Date: _________________
Hirer's Representative: _________________ Date: _________________
Schedule 3 Operator Training Acknowledgement
I confirm that I have received training from DoctoriumGP on the safe and proper operation of the following device:
| Item | Detail |
|---|---|
| Device | [DEVICE NAME AND MODEL] |
| Serial Number | [SERIAL NUMBER] |
| Training Date | [DATE] |
| Training Provided By | [TRAINER NAME] |
| Training Duration | [DURATION] |
I confirm that:
- I understand how to operate the device safely and in accordance with the manufacturer's IFU
- I understand the patient screening and contraindication requirements
- I understand the emergency shutdown procedure
- I will not allow any untrained person to operate the device
- I will contact DoctoriumGP immediately if any fault or concern arises
Operator
Trainer
Schedule 4 Emergency Contacts
| Contact | Name | Telephone | Availability | |
|---|---|---|---|---|
| Owner — Primary | Ade Whetton | 01332 239686 | ade.whetton@phwltd.com | Mon–Fri 09:00–17:00 |
| Owner — Urgent | Ade Whetton | [MOBILE] | ade.whetton@phwltd.com | 07:00–22:00 daily |
| Clinical Director | Dr Gemma Lewis | [PHONE] | [EMAIL] | By arrangement |
| Hirer — Primary | [NAME] | [PHONE] | [EMAIL] | [HOURS] |
| Hirer — Urgent | [NAME] | [PHONE] | [EMAIL] | [HOURS] |