Agreement for Hire of Locker at a Bank
AN AGREEMENT whereby the A. B. Bank (hereinafter called ‘‘The Bank’’) agrees to hire AND C. D., aged . . . . . .years, son/daughter/wife of. . . . ., resident of . . . . . . . ., (hereinafter called ‘‘the Hirer’’) agrees to take on hire subject to the conditions and terms endorsed hereon Locker No. . . . . . . ., for one year/half year/quarter year from the date hereof at a rent of Rs . . . .per quarter year payable in advance, and the receipt of the rent for the period . . . . . . to . . . . . . . . . amounting to Rs . . . . . . . is hereby acknowledged by the Bank.
This agreement, unless determined in writing as provided, shall be deemed to continue from. . . . . . .to. . . . . . .at the same rent payable in advance and on the same conditions, but subject to the right of either party to determine the same by giving to the other one calendar month’s notice in writing terminating with the quarter of hiring and subject also to the right of the Bank to end the hiring at its option at any time on breach by the Hirer of any condition of the terms endorsed hereon.
The receipt of the key bearing No. . . . . . . . of the above-numbered locker is hereby acknowledged by the Hirer.
Dated the . . . . . . . . . . . . . day of . . . . . . . . . . . . . ., 20 . . . . . . . . . .
For the A. B. Bank
CONDITIONS OF HIRING
1. In these conditions the expressions ‘‘the locker’’ means the box agreed to be hired by the Hirer in the safe deposit of the Bank, and the expression, ‘‘the Hirer’’ includes only the executor or administrator of the Hirer and the masculine pronoun includes the feminine pronoun.
2. The Bank shall maintain a Register in which the name and address of the Hirer will be entered, together with the number of locker hired to him. All subsequent changes of address will be entered in the Register and the Register will bear the usual signature of the Hirer, which signature shall be deemed to be the specimen signature of the Hirer for purposes of future reference.
3. The Hirer shall not sublet the locker nor assign the benefit thereof, except by Will.
4. The Hirer shall not keep in the locker any liquid or anything of explosive, dangerous or offensive nature. The locker may only be used for depositing valuable documents and other property of like nature AND the Bank shall have the right to demand and thereafter inspect the contents of the Locker for the purpose of ascertaining if this condition is being complied with.
5. The Hirer shall be responsible for the safe keeping of the key entrusted to him. On termination of hire the Hirer shall deliver the key intact to the Bank whereupon a note to this effect shall be made in the Register. In case of loss of key by the Hirer or if the Bank for any other cause has to break open the locker, and in any case if any repairs on account of and during the period of hiring have to be made to the locker the Bank shall repair or cause the repairs to be conducted at the cost of the Hirer.
6. If the key entrusted to the Hirer be lost, stolen or mislaid, it shall be the duty of the Hirer to immediately report the same in writing to the Bank. If any loss, damage or removal of the contents of the locker results from the Bank allowing the locker to be opened by any person producing the lost, stolen or mislaid key and impersonating the Hirer or producing a written authority signed or purporting to be signed by the Hirer, the Bank shall not be responsible for such loss, damage or removal unless and until the Bank shall have received prior notice of such loss, stealing or mislaying.
7. The Hirer or any other person authorised in writing, signed in the usual signatures of the Hirer and as preserved in the Bank’s Register for the purpose, may have access to the locker during business hours of the Bank on any working day and may operate on the same. The Bank shall, however, not be bound to allow any other person so authorised, if the Bank has cause not to be satisfied with the signature on the said letter of authority or the identity of the person so authorised. Any loss or damage arising to the Hirer on account of such refusal shall not entitle the Hirer to any action whatsoever against the Bank.
8. Any authority whether given by letter or a power of attorney by the Hirer to his agent for operating the locker and removing the contents therein shall be valid and effective notwithstanding that it has been revoked by death or otherwise until the Bank shall have received written notice of such revocation and death.
9. The Bank shall be entitled, if necessary, to refuse access to the locker to the Hirer, or any person authorised by the Hirer, in case the rent has not been paid or the Hirer has committed any other breach of the conditions herein mentioned. The Bank shall have a lien on the contents of the locker for all rents or other charges unpaid and may in the event of non-payment break open the locker and sell the contents or a part of the contents and apply the net proceeds in or towards satisfaction of the moneys due to the Bank and the surplus proceeds of sale, if any, of the remaining contents of the locker retained by the Bank, to the order of the Hirer without any liability on the part of the Bank, for any interest, loss or damage, but with the right to charge any sum equal to double the rent payable hereunder for the period commencing from the opening of the locker and ending with the date of removal of the contents by the Hirer.
10. In the event of the death of the Hirer, if there are more than one hirers, the survivor or survivors shall continue to exercise all the rights and be liable for all the conditions imposed by this agreement and if there be only one hirer, the executor or administrator of the deceased Hirer duly appointed by a Civil Court shall alone on giving discharge to the Bank in terms of this agreement be entitled to remove the contents of the locker and terminate this agreement. On an application being made by any person alleging to be the legal representative or representatives of the deceased Hirer the Bank may allow one operation on the locker in the presence of the alleged legal representative or representatives and a Bank official for the purpose of making an inventory and valuing the contents thereof, but no removal of any contents shall be allowed on such operation. The key produced by the alleged legal representative or representatives shall be returned to the said legal representative or representatives and one copy of the inventory signed by him or them and the Bank official, duly witnessed, shall be furnished to the said legal representative or representatives, one such copy kept by the Bank and another locked in the locker. The Bank may, however, at its option and on being otherwise satisfied with the claim of the alleged legal representative or representatives dispense with all such formality and allow the said person or persons to step into the shoes of the deceased Hirer on the said person or persons complying with any legal formality which may be required by the Bank.
11. The Bank shall not be responsible for any loss to the Hirer in the event of the contents of the locker being short, unless the locker is found dishonestly, but not accidentally, tampered and in any case the liability of the Bank shall not be more than that of a bailee for goods, lost, destroyed or deteriorated during bailment under the provisions of the Indian Contract Act, 1872, or any statutory modifications thereof.