Dalhousie Oceanography Equipment Loan Form


Notice

This boilerplate agreement is provided for information only. Any equipment loan must be accompanied by a signed loan agreement which may include terms differing from those shown below.

An Agreement made between:

Dalhousie University
Department of Oceanography
Halifax, Nova Scotia, Canada
B3H 4J1 ("Dalhousie")

and

___________________________
___________________________
__________________________ ("User")

Dalhousie agrees to loan to the User equipment belonging to Dalhousie and described as ______________________________________________ (the "equipment) for the period __________________________________________.

The loan of the equipment is subject to the following conditions:

  1. The User shall pay to Dalhousie a fee of $______________ for mobilization plus $_____________ per ___________, payable ______________________________ _______________________________________________________________.
  2. The equipment shall be and remain at all times the property of Dalhousie.
  3. The User shall be responsible for the equipment from the time it leaves Dalhousie premises or other specified location until it is returned to those premises or another mutually agreed location.
  4. The User shall be responsible for all costs associated with transporting the equipment to or from the User's premises except as specifically set out herein. The User shall be responsible for the repair or replacement of the equipment in the event that it is lost or damaged, including loss or damage during shipping or delivery to or from the User.
  5. The User shall make every effort to ensure that the equipment is used, maintained and stored in a proper manner. The equipment shall not be moved from the regular or agreed upon premises or operations of the User without the prior written approval of Dalhousie.
  6. In the event of damage to the equipment the User shall not undertake or arrange for the repair of the equipment, other than routine maintenance, without the prior approval of Dalhousie. The User shall not alter the equipment or change the use for which it was intended without the prior written approval of Dalhousie.
  7. Dalhousie makes no claims regarding the condition of the equipment or its suitability for any particular scientific or other purpose.
  8. The User agrees to indemnify Dalhousie against any expenses, claims, damages, or actions arising out of a breach of this Agreement or arising out of the User's possession or use of the equipment.
  9. The User agrees to return the equipment in the same condition in which it was received, normal wear and tear excepted.
  10. Dalhousie shall ship the equipment prepaid to the User and the User shall return the equipment prepaid in a similar manner.
  11. Dalhousie reserves the right to terminate this Agreement at any time upon _____ days written notice to the User. The User agrees to return the equipment immediately at the end of the notice period.
  12. The User shall not assign this Agreement or assign or sublease the equipment without the express written consent of Dalhousie.
  13. This Agreement constitutes the entire agreement between the parties. Any amendment to this Agreement must be in writing and signed by both parties.
  14. This Agreement shall be governed and interpreted according to the laws of Nova Scotia.
  15. Additional Terms and Conditions [Set out below in the space provided. Each additional term should be initialled by each party in the margin.]
This agreement must be signed by representatives of the university and the user before the equipment is released to the user.
Last Update 27 April 1995

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