Terms and Conditions

Introduction

This site belongs to EquipmentShare Limited and operates as www.equipmentshare.ng otherwise known as “The Site”

By signing up for, or using the equipmentshare services or its affiliates, you are agreeing to be bound by the terms and conditions contained hereunder. The services offered are equipment lease, hire or rent site and or any other services that may be include whether with or without your notice by, whether Online or Offline.

This terms and condition will henceforth regulate our relationship and where there is a lacunae reference would be made to available laws first in Nigeria and any other that suit the purpose it is sought. At every point herein “seller”, “we”, “us” and “our” is mentioned they all refer to equipmentshare.ng or EquipmentShare Limited. We reserve the right, to change, modify, add, or remove portions of any of the Terms and Conditions herein. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.

You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website and our relationship. No extrinsic evidence, whether oral or written, will be incorporated.

You confirm and undertake to us that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. If you are a minor i.e. under the age of 18 years, you shall not register as a member of equipmentshare.ng and shall not transact or use equipmentshare.ng website. As a minor if you wish to use or transact on equipmentshare.ng, such use or transaction may be made by your legal guardian or parents who have registered as users of equipmentshare.ng. Equipmentshare.ng reserves the right to terminate your membership and refuse to provide you with access to this site if it is brought to our notice or if it is discovered that you are under the age of 18 years.

TERMS AND CONDITIONS OF USE

• EquipmentShare Limited is hereinafter referred to as the (Company) on one hand and companies/individuals seeking lease equipment from the company’s platform are hereinafter to as the Lessee/customer or client. These terms and conditions shall govern the legal relationship of the Company, Equipment Owners and the Lessees. The period between the pick-up of the equipment and return of same is referred to as the rental period.

• The Lessee shall make upfront payment for the rental period into the account nominated by the equipment owner or to the company if equipment owner is on free subscription and in the event of an extension of the rental period, make additional payment on or before the first day of the extended period. All payments pursuant to this equipment lease contract shall be made to the said account.

• The Lessee shall keep and maintain the leased equipment during the rental period at his own cost and expense. He shall keep the equipment in a good state of repair, normal wear and tear/depreciation excepted.

• The Company makes no warranty of any kind regarding the leased equipment, except that equipment owner shall replace the equipment with identical or similar equipment (either through the initial owner or another equipment owner) if the equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions due to no fault or negligence of the Lessee. Such replacement shall be made as soon as practicable.

• The Company and the Equipment Owner reserve the right with or without notice to seek to inspect the equipment at any time during working hours during the rental period.

• The Lessee shall not sub-lease the equipment to a third party under any circumstances whatsoever.

• Lessee is solely responsible for protecting the equipment from damage (ordinary wear and tear excepted). Lessee shall use every reasonable precaution to prevent loss or damage to the equipment and to prevent injury to persons and property through its use.

• Equipment shall only be used in a careful and proper manner and shall not be used in any way that is inconsistent with instructions or manuals provided by the Equipment Owner.

• Lessee shall not permit the equipment to be used by any person other than himself/herself or its authorized employees or agents who are skilled to so do.

• Equipment idle time rate is 60% of the daily rental rate

• Lessee shall not operate or use the equipment or permit it to be operated or used in violation of any law or regulation currently in force. Lessee shall not operate, use, maintain or store the equipment in a manner likely to cause damage to the equipment.

• The equipment shall not be moved out of the location specified to be used under any circumstance whatsoever.

• Lessee shall hold the Company harmless from all claims or future claims from its employees, contractors, agents or anyone connected to the Lessee arising from the use of the equipment.

RETURN POLICY

The Lessee undertakes that the equipment shall be retrieved in substantially the same condition it was at the commencement of the rental period (fair wear and tear/depreciation excepted). Lessee shall be liable for all damages to or loss of the equipment any time during the rental period.

REASONABLE WEAR AND TEAR

Reasonable wear and tear of the equipment shall mean only the normal deterioration of the equipment caused by ordinary and reasonable use. The following shall not be deemed as reasonable wear and tear:

1. Damage resulting from lack of lubrication, insertion of improper fuel, or maintenance of necessary oil, water and air pressure levels.

1. Any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual.

• Damage resulting from any collision, overturning, or improper operation, including overloading or exceeding the rated capacity of the Equipment.

1. Damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof;

1. Any other damage to the equipment which is not considered ordinary and reasonable in the equipment rental industry.

LATE RETURN

Lessee agrees that it shall grant Equipmentshare.NG and her partners unfettered access to retrieve the equipment upon the expiration of the rental period and shall be liable in proven cases of Equipmentshare.NG and her partners been denied access to retrieve the equipment.     

REPLACEMENT POLICY

• In the unlikely event of a loss or destruction of any equipment, inability or failure to return same to Equipment Owner for any reason whatsoever, the Lessee shall pay the Owner the current full replacement value of the equipment (as determined by the Owner) together with the full rental rate per day as specified until such equipment is replaced. If the equipment is returned in a damaged or excessively worn condition, the Lessee shall pay the Owner the reasonable cost of repair as determined by the Equipment Owner and pay rental on the equipment at the regular rental rate until all repairs have been completed.

• Regardless of the cause of loss/damage/theft of the equipment either due to negligence of the Lessee or not, the Lessee shall be bound to return the Equipment Owner to his original state as regards the equipment before same was leased by the Lessee.

ACCESSIBILITY OF WEBSITE

Our aim and goal is to ensure accessibility to the website at all times, however we make no guarantee or representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

INDEMNITY

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

ARBITRATION AND OTHER ALTERNATIVE SOURCE OF DISPUTE RESOLUTION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use and any other agreement thereof will be referred to mediation to be handled by a single mediator at the Lagos Multi-Door Court, Lagos State.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of equipmentshare.ng in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

SEVERABILITY

If any portion of these terms or conditions of transaction is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of transaction and shall not affect the validity or enforceability of any other section listed in this document.

PAYMENT AND PRICING

Equipmentshare.NG shall provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the cost of lease for an equipment is not displayed correctly on the website or such cost is outdated or a new cost has been introduced. As such, we reserve the right to refuse or cancel such order(s). In the event that the cost of lease of an equipment is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
it is agreed that we have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.

USE OF VOUCHER CODES

We will from time to time introduce voucher codes for orders placed online. The voucher codes which are accepted on our Site entitle you at the time of ordering an equipment to a discount on the order being placed on our Site. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be leased on the Site.
Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.

LIABILITY OF PARTIES ON THE SITE

It is agreed that the site is ran like a market place and Equipmentshare.NG is a mere intermediary cum agent bringing in all the parties together. Engagement of third-parties is prohibited and done at each individuals risk, this same agreement is applicable when a customer deals directly with an equipment owner without the consent and authority of equipmentshare.NG.

DELIVERY

Equipmentshare.NG shall make every effort that each equipment is delivered at the estimated time frame and schedule subject to logistics and transportation. However, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the equipment within the estimated timescales where they did not occur due to our fault or negligence.

You agree not to hold the equipment owner liable for any delay or failure to deliver such equipment or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

INDEMINITY

You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Transaction.

MISCELLANEOUS PROVISIONS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of transaction to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of transaction to any third party.

USE OF THE SITE

Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website. You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.

Within the rights of both parties herein, you are entitled to a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use contained herein, for such things as: equipment leasing, placing equipment for leasing, gathering prior information regarding our products and services and patronizing us. Commercial use or use on behalf of any third party(s) is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.

Should you breach any of these Terms and Conditions of Use, it shall result in the immediate revocation of the license granted in the above paragraph and anywhere in this terms and conditions without previous notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

Certain use of this site, services and related features that may be made available on the Site may require registration or subscription. Should you choose and or elect to register or subscribe for any such services or related features, you do so out of your freewill and you are bound to provide accurate and current information and data about yourself, and you undertake to promptly update such information if there are any corrections is needed or variations or changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. Equipmentshare.ng is entirely responsible for all activities that occur under such password or account. Each User shall be responsible for maintaining the confidentiality of his/her User ID and Password and shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that equipmentshare.ng has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, equipmentshare.ng has the right to indefinitely suspend or terminate or block access of your membership with this site and refuse to provide you with access to the Website.

Furthermore, you must notify us of any unauthorized use of your password or account or breach thereof by any third party. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

PRIVACY POLICY

The parties hereto agree and undertake to keep confidential and private all information that may come to their knowledge by virtue of this equipment lease transaction and that either party shall use its best endeavours to keep confidential the other’s confidential information including but not restricted to trade secrets, staff information, client’s information, accounting documents and every other information that is not readily available to the public about either party.  In the event of a breach of this clause, without prejudice to other remedies available to the injured party, the offending party shall be liable in general, punitive, exemplary and special damages to the injured party.

INFORMATION AVAILABLE ON WEBSITE

The User agrees and accepts that the information and data provided and contained herein is provided as is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.

USER/OPERATOR SUBMISSIONS

Any information or data that you submit to this Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use this site for any fraudulent act or intent or submit a false e-mail address, pretending to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

By completing an order or signing up, you agree to receive a) emails associated with finalizing your order, which may contain relevant offers from third parties, and b) emails asking you to review equipment.ng and your order or request and c) promotional emails, SMS and push notifications from equipmentshare.ng. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email us through the email provided herein.

LINKS AND THIRD PARTY WEBSITES

We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

INTELLECTUAL PROPERTY

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in this Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

DATA PROTECTION

Any personal information collected in relation to the use of this website will be held and used in accordance with our Privacy Policy, which is available on our Site.

CONTACT AND ENQUIRIES

All enquiries shall be directed to EquipmentShare limited at our office address as provided in the contact details.

INCIDENTALS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.

ACCEPTANCE OF ELECTRONIC DOCUMENTS

All parties herein agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.