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Contract Hire Agreement
"I need a Contract Hire Agreement under Swiss law for leasing construction equipment (specifically 3 excavators and 2 bulldozers) to a major construction company, including maintenance services and insurance provisions, with the contract starting March 1, 2025."
1. Parties: Identification of the parties entering into the agreement - the owner/lessor and the hirer/lessee
2. Background: Context of the agreement and brief description of the arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Equipment/Asset Description: Detailed description of the item(s) being hired
5. Term and Commencement: Duration of the hire period and conditions for commencement
6. Payment Terms: Rental payment amounts, payment schedule, and payment methods
7. Delivery and Acceptance: Terms regarding delivery, inspection, and acceptance of the hired item(s)
8. Use and Possession: Conditions and restrictions on the use of the hired item(s)
9. Maintenance and Repairs: Basic responsibilities for maintaining the hired item(s)
10. Return Conditions: Requirements for the condition of the item(s) upon return
11. Early Termination: Circumstances and conditions under which the agreement can be terminated early
12. Default and Remedies: Events of default and available remedies
13. Liability and Indemnity: Allocation of risks and responsibilities between parties
14. Notices: How formal communications between parties should be made
15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Insurance Provisions: Detailed insurance requirements when insurance is not separately arranged by the hirer
2. Extended Maintenance Services: Additional maintenance services if provided by the owner
3. Upgrade Options: Terms for upgrading the hired item(s) during the hire period
4. Sub-hiring: Terms allowing or prohibiting sub-hiring to third parties
5. Purchase Option: Terms for purchasing the hired item(s) at the end of the hire period
6. International Use: Additional terms for when the hired item(s) will be used internationally
7. Data Protection: Specific data protection provisions when personal data processing is extensive
8. Force Majeure: Provisions for unforeseen circumstances preventing performance
1. Schedule 1 - Asset Specification: Detailed technical specifications of the hired item(s)
2. Schedule 2 - Payment Schedule: Detailed breakdown of all payments including dates and amounts
3. Schedule 3 - Maintenance Schedule: Detailed maintenance requirements and schedules
4. Schedule 4 - Return Conditions Checklist: Detailed checklist for acceptable return condition
5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and requirements
6. Schedule 6 - Service Level Agreement: Details of any included services and performance standards
7. Appendix A - Acceptance Certificate: Form for documenting acceptance of the hired item(s)
8. Appendix B - Return Certificate: Form for documenting return of the hired item(s)
Authors
Asset
Acceptance Certificate
Acceptance Date
Business Day
Commencement Date
Contract Period
Default Rate
Delivery Location
Early Termination Fee
Equipment
Event of Default
Fair Wear and Tear
Hire Charges
Hire Payment Date
Initial Period
Insurance Requirements
Lessor
Lessee
Maintenance Schedule
Manufacturer
Normal Working Hours
Operating Manual
Payment Schedule
Permitted Use
Permitted Location
Return Conditions
Return Date
Return Location
Scheduled Maintenance
Service Provider
Specification
Swiss LIBOR
Term
Total Loss
Unscheduled Maintenance
VAT
Payment Terms
Title and Risk
Use of Equipment
Maintenance and Repair
Insurance
Liability and Indemnity
Warranties
Return Conditions
Early Termination
Default
Force Majeure
Assignment and Sub-hiring
Confidentiality
Data Protection
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Third Party Rights
Variation
Waiver
Set-off
Costs and Expenses
Representations and Warranties
Compliance with Laws
Records and Inspection
Tax
Interest on Late Payment
Financial Services
Manufacturing
Transportation and Logistics
Construction
Agriculture
Information Technology
Healthcare
Mining and Resources
Retail
Professional Services
Legal
Finance
Procurement
Operations
Risk Management
Asset Management
Treasury
Facilities Management
Commercial
Business Development
Chief Financial Officer
Finance Director
Fleet Manager
Procurement Manager
Operations Director
Equipment Manager
Legal Counsel
Contract Manager
Risk Manager
Asset Manager
Treasury Manager
Facilities Manager
Commercial Director
Business Development Manager
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