A Sample Letter for Out-of-Warranty Refund/Replacement Request. 332 Words Jan 10, 20181 Page. ABC Air Conditioners 123 Broadway New York, NY 10022.
At [Sender.Company], Construction Equipment Leasing is ALL WE DO! Lease your Construction Equipment with confidence , we will provide what you need, when you need it, all the time. Our 24/7 hotline provides you with wide ranging solutions for all Construction Equipment situations you might encounter.
We backed up our commitment with a 4 point guarantee! They are:
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Construction Companies and Owners know how capital intensive and prohibitive the industry is. The rising cost for materials, equipment, labor and the diminishing availability of construction projects has shrunken the profitability of the business. Construction companies need to be innovative and creative in using their assets and capital to survive the competition.
Why lease your construction equipments from us?
Simple – we‘ll help you maximize your Cash Flow, increase your profits, minimize balance sheet liabilities while decreasing your taxable income! Plus you’ll get to use the best equipment available needed for every construction job you have, backed up by our 24/7 service guarantee.
For an agreed upon rate of payment, our company will provide the equipment you’ll need for your construction projects. Spend money on equipment only when you use it! No more spending much needed company funds or tying up valuable lines of credit to purchase capital construction equipments. You can use this freed up cash and credit lines for operation funds, company expansion, maximizing flexibility, strategic positioning, or retire long term obligations.
Because an equipment lease payment is an expense account, the liabilities entry for your balance sheet will not suffer, making investors and shareholders alike happy. More importantly, operational expenses, such as equipment lease expense, are tax deductible. This means more income for you and your company!
We offer flexible terms for your equipment leasing needs. We have Monthly, Weekly, even Daily Rates that are configurable to suit all your project requirements. We can even assist in designing the payment structure to reconcile with your budget and cash flow. We also have flexible renewal options available. Just ask our helpful staff for all available options and solutions.
Leasing your construction equipment from us is the innovative and cost effective business solution. Give us a call or visit our website for a quote on your equipment leasing requirements. Better yet, visit our office to view our top of the line construction equipments.
|Head Office Address||[Sender.Address]|
|Full Time Employees||/Number of full time employees/|
|Part Time Employees||/Number of part time employees/|
|Gross Sales Last Year||/Gross sales last year/|
|Income Last Year||/Income last year/|
Type your text here…
License Issuing Body: /ISSUING BODY FOR LICENSE/
Expiration: /EXPIRATION DATE/
Type your text here…
THIS CONSTRUCTION EQUIPMENT LEASE AGREEMENT is entered into on [Date Entered Into] by and between: [Client.Company] hereinafter referred to as the “LESSEE” and [Sender.Company] hereinafter referred to as the “LESSOR”
WHEREAS the LESSEE is desirous of leasing Construction Equipment. WHEREAS the LESSOR is a duly and registered and licensed Construction Equipment Leasing Company.
WHEREAS the LESSOR agree to lease the stated Construction Equipment/s described and identified below under the heading Details of Equipment for use at such location, for such Guaranteed Rental Period and at such rental rates as herein to the LESSEE.
NOW THEREFORE both parties bind themselves and agree as follows:
LESSOR hereby leases to LESSEE the following equipment:
|VALUE FOR INSURANCE|
Begin Date: [Start Date of Rental]
End Date: [End Date of Rental]
The Rental Period shall cover all time consumed in transporting the equipment including the date of legal delivery to a carrier for transit to the LESSEE and return of the equipment including the date of legal delivery by such carrier to LESSOR.
3.1 MONTHLY RENTAL RATES: are for a period of one month 4 weeks (28 days), computed from the date of commencement of the rental period up to but not including the same date in the next calendar month and shall apply when the number of hours the equipment is operated in any one month does not exceed 200 (two hundred) hours.
3.2 WEEKLY RENTAL RATES: are for a minimum period of one week (7 days), from the day of commencement of the rental period up to but not including the same day in the following week and shall apply when the number of hours the equipment is operated in any one week does not exceed 50 (fifty) hours.
3.3 DAILY RENTAL RATES: are for a consecutive period of 24 (twenty four) hours or less which the number of hours the equipment is operated shall not 10 (ten) hours.
3.4 OVERTIME CHARGES: where equipment is operated in excess of the above stated hourly maxima, such excess shall be charge at ([PERCENT OVERTIME CHARGES]%).
3.5 After the monthly or weekly rental period has expired, the rental payable for a fraction of any succeeding period shall be the proportionate part of the applicable rental rate according to the number of calendar days in such fraction.
3.6 Rental rates shall not be subject to any deduction for any non-working time during the rental period, nor because the LESSEE returns the equipment to LESSOR before the expiration of the Guaranteed Rental Period.
3.7 LESSOR and LESSEE for themselves, their successors, executors, administrators and assigns, hereby agree to the full performance of the covenants herein contained.
Rentals payable under this Agreement shall be monthly when the rental is at a monthly rate, otherwise weekly, and in either case same shall be payable PAID IN ADVANCE at LESSOR’s Business Address without the need for prior demand or invoice. Rent is payable before delivery of equipment to the LESSEE or his/its agent or carrier and on succeeding monthly or weekly dates thereafter running from the date of delivery.
If any amount under this Agreement is more than [Days Late] days late, LESSEE agrees to pay a late fee of $ [Late Fee] . Overdue payments shall bear an interest of ( [Interest Percentage] %) per annum.
Prior to taking possession of the Equipment, LESSEE shall deposit with LESSOR, in trust, a Security Deposit/Bond in the amount of the value of the equipment as shown in the Details of Equipment as security for the performance by LESSEE of the terms under this Agreement and for any damages caused by LESSEE or LESSEE’s agents to the Equipment during the Lease Term. LESSOR may use part or all of the Security Deposit to repair any damage to Equipment caused by LESSEE or LESSEE’s agents. However, LESSOR is not just limited to the security deposit amount and LESSEE remains liable for any balance. LESSEE shall not apply or deduct any portion of any Security Deposit from the last or any month’s rent. LESSEE shall not use or apply any such Security Deposit at any time in lieu of payment of rent. If LESSEE breaches any terms or conditions of this Agreement, LESSEE shall forfeit any deposit, as permitted by law.
LESSEE shall be responsible for all expenses and costs:
7.1 at the beginning of the Lease Term, of shipping the Equipment to Equipment Lease Agreement to LESSEE’s premises, and
7.2 at the end of the Lease Term, of shipping the Equipment back to LESSOR’s premises.
8.1 If LESSEE fails to perform or fulfill any obligation under this Agreement, LESSEE shall be in default of this Agreement. Subject to any statute, ordinance or law to the contrary, LESSEE shall have seven (7) days from the date of notice of default by LESSOR to cure the default. In the event LESSEE does not cure a default, LESSOR may at LESSOR’S option:
8.1.1 cure such default and the cost of such action may be added to LESSEE’s financial obligations under this Agreement; or
8.1.2 Declare LESSEE in default of the Agreement.
8.2 If LESSEE shall become insolvent, cease to do business as a going concern or if a petition has been filed by or against LESSEE under the Bankruptcy Act or similar federal or state statute, LESSOR may immediately declare LESSEE in default of this Agreement WITHOUT NOTICE. In the event of default, LESSOR may, as permitted by law, re-take possession of the Equipment. LESSOR may, at its option, hold LESSEE liable for any difference between the RENT that would have been payable under this Agreement during the balance of the unexpired term and any rent paid by any successive LESSEE if the Equipment is re-let minus the cost and expenses of such re-letting. In the event LESSOR is unable to re-let the Equipment during any remaining term of this Agreement, after default by LESSEE, LESSOR may at its option hold LESSEE liable for the balance of the unpaid rent under this Agreement if this Agreement had continued in force.
LESSEE shall be entitled to possession of the Equipment on the first day of the Lease Term. At the expiration of the Lease Term, LESSEE shall surrender the Equipment to LESSOR by delivering the Equipment to LESSOR or LESSOR’S agent in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Agreement.
LESSEE shall only use the Equipment in a careful and proper manner and will comply with all laws, rules, ordinances, statutes and orders regarding the use, maintenance and storage of the Equipment.
THE LESSEE DECLARES THAT HE OR ITS EMPLOYEES UNDERSTAND THE OPERATION OF THE EQUIPMENT. The LESEE shall not remove, alter, disfigure or cover up any numbering, lettering or insignia displayed upon the equipment, and shall ensure that the equipment is not subjected to careless or needlessly rough usage, and shall at the LESEE’s own expense, maintain and ultimately return to LESSOR the equipment and its appurtenances in good repair and operating condition. Without limiting the generality of the foregoing, the LESEE shall, at the LESEE’s own expense, during the term of this rental pay the cost of:
11.1 All fuel, oil and lubricants required to operate the equipment.
11.2 All repairs and replacement parts including labor charges, required to be made to the equipment in order to keep it in good repair and running order.
The LESEE shall indemnify LESSOR against all loss and damage to the equipment hereby obtained, during the rental period, based on the value of such equipment stated in the Details of Equipment. LESSOR shall give notice to the LESSEE as soon as possible of any claim of LESSOR under this paragraph. In addition, the obligations of this Agreement shall continue in full force and effect through the Lease Term.
Except for damages, claims or losses due to LESSOR’s acts or negligence, LESSEE, to the extent permitted by law, will indemnify and hold LESSOR and LESSOR’s property, free and harmless from any liability for losses, claims, injury to or death of any person, including LESSEE, or for damage to property arising from LESSEE using and possessing the Equipment or from the acts or omissions of any person or persons, including LESSEE, using or possessing the Equipment with LESSEE’s express or implied consent.
Before the equipment is loaded for transit to the LESSEE, the LESSEE may require an inspection thereof made by a competent authority, and if the equipment is proven not to be substantially in the condition required by this Agreement, the cost of the inspection shall be paid by LESSOR. If the LESSEE fails to have such an inspection made, the equipment shall be presumed for all purposes hereof to be in good condition and running order when delivered to the LESSEE or his agent. LESSOR shall have the right at any time to enter upon the premises or place where the equipment is located and shall be given free access thereto and afforded all necessary facilities for the purposes of inspecting the equipment. Upon return of the equipment, LESSOR will, at the LESSEE’s expense (payable on demand), complete a Return Inspection, an oil change if deemed necessary by LESSOR, necessary filter changes and lubrication.
The LESSEE shall at his/its own expense, provide insurance in the name of LESSOR and LESSEE in an amount satisfactory to LESSOR (including loss-payable and loss of use endorsements) against liability for bodily injuries including death and or property damage arising from all use of the equipment and to protect LESSOR against all loss of or damage to the equipment to the value stated in the Details of Equipment. Insurance shall be in effect from delivery date to date of redelivery to LESSOR. Proof of Insurance shall be delivered to LESSOR prior to delivery date and on all renewal dates.
The Equipment shall remain the exclusive property of LESSOR.
The LESSEE shall not be entitled to assign any of his/its rights under this Agreement or in or to any of the equipment hereby rented without the written consent of LESSOR previously obtained in writing, but LESSOR shall be entitled to assign its rights hereunder and to any of the equipment hereby rented subject to the observance by the assignee of all the obligations of LESSOR hereunder.
The LESSEE shall not at any time suffer or permit any charge or lien, whether possessively or otherwise, to exist against the equipment, and shall keep the equipment free of all taxes (including Municipal Taxes whether assessed in the name of LESSOR or LESSEE) liens and encumbrances. If the LESSEE fails after demand of LESSOR, to pay off any such lien charge or encumbrance, LESSOR may pay the same and recover the amount of any such payment, with interest at 18% per annum from the LESSEE on demand.
The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
This Agreement shall be governed by and construed in accordance with the laws of the State of [State] , USA.
Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service to the respective Parties addresses above stated unless otherwise specified in writing by either party.
The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of rent by LESSOR does not waive LESSOR’s right to enforce any provisions of this Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified only in writing and must be signed by both LESSOR and LESSEE.
IN WITNESS THEREOF the parties hereto have caused this Agreement to be duly executed on their behalf by a duly authorized representative as of the date first set forth above.
Prepared for [Client.Company]
1. Company: /COMPANY 1/
Contact Person: /CONTACT 1/
Telephone Number: /COMPANY 1 PHONE/
2. Company: /COMPANY 2/
Contact Person: /CONTACT 2/
Telephone Number: /COMPANY 2 PHONE/
3. Company: /COMPANY 3/
Contact Person: /CONTACT 3/
Telephone Number: /COMPANY 3 PHONE/
An example sample letter to request flexible working. Consider if you have the necessary home environment and work equipment to enable you to work.
This Employment Termination Letter Sample can be used in cases of termination of employment due to unacceptable behavior. You can use it as reference to compose your own version.
Mr/Ms [employee’s name],
We regret to inform you that we are terminating your employment with immediate effect. We reached this decision after we completed all appropriate steps of the company’s disciplinary process. This decision was necessary because you [repeatedly violated our anti-harassment policy.]
All rules governing our operations are extremely important. Failing to abide by our employment terms and company policies is a risk to our business and to your colleagues. We have an obligation to take appropriate action.
Upon termination, all benefits associated with your position will no longer be valid. Please return [state all property that must be returned: company car, computer etc.] until [date] to the Human Resources office.
Keep in mind that you are bound by our confidentiality policy. Any information that you received in the course of your work, regarding our customers, company, partners etc. must not be disclosed to any other party. Such information must also be deleted from all your personal devices. In addition, you have signed a [example: non-solicitation clause] as part of your employment contract. This binds you until the date specified.
You are entitled to your salary up until the termination date. You are also entitled to [state any other compensation or details for payment or benefits].
This decision is non-reversible. We advise you to read our disciplinary action policy carefully. If you would like copies of documentation relating to the process, the Human Resources department remains at your disposal for up to [three] working days after your last day of employment. Please keep in mind that the company has a right to refuse a reference if asked.
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One of the most difficult decisions a manager must make is whether to cut their losses and fire an employee. Sometimes staff needs to be cut in the form of layoffs, but other times it’s for poor performance or misconduct. Whatever the reason for the termination, you want to make sure you’re honest and direct, but also graceful and fair. Additionally, you want to protect your organization from possible legal action.
One of the best ways to achieve those goals when you have to fire or lay off an employee is to write a termination letter. This should accompany (not replace) a private meeting with the person being let go, typically with a human resources representative present.
Below we’ll explain what a termination letter is, what it can include, some legal and HR considerations, and a sample termination letter that you may use as a template.
Why write a termination letter?
Perhaps you’re dealing with an employee who never quite lived up to their expectations and they just dropped the ball on an important project. Maybe it’s the last straw, but do you really want to yell “You’re fired!” in the heat of frustration, within earshot of colleagues?
Doing so may rid you of a problem employee, but you may have created new problems in the process. Even if you take the conversation to a private location, such as your office, verbally terminating them could sound more like a knee-jerk reaction than a measured response.
Taking the time to write a termination letter helps you organize your thoughts and spell out exactly why the relationship is no longer working. In some cases, as you’re writing the letter, you may even discover ways to remedy the situation without firing them. If you do end up firing that person, though, having them read the letter and then asking if they have any questions could alleviate some of the tension.
Legal and HR considerations
Suppose the person you verbally fired in the previous section has a disability, is over the age of 40, belongs to a racial minority group, or is otherwise protected by anti-discrimination laws. Even if you had a very good reason to fire them, the lack of a written record (including past performance reviews as well as a termination letter) may make it difficult for your company to defend its reasons to terminate.
Depending on their employment status (i.e., whether they’re a contractor) and the laws of your state (some require last payment at the point of termination), you’ll want to clarify in the letter what you owe them and any applicable deadlines. You can alleviate a big area of contention by writing that their final paycheck will be provided to them according to the laws of your state. This could be on their last day of employment, or within a specific number of days after their termination. If you’re not sure what the law is in your state, an employment law attorney can help.
Also, they may need to return company property, such as a laptop, mobile phone, or other items. By including these items in the letter, you’ve created a record showing that you provided them with notice should legal action be needed down the road to recover any property.
Keeping your termination letter on file preserves a written record of why an employee was terminated, what notice was provided, and that your company took steps in compliance with the law.
What to include in a termination letter
A professionally written termination letter can help protect your company while giving the recipient a clear and direct summary of what led up to the firing and where things stand in terms of unpaid vacation, equipment returns, and so on. Here’s what you should include:
Sample termination letter
The following sample termination letter will help you organize your thoughts and get started:
Dear [employee’s name],
I regret to inform you that your employment with [company’s name] has been / will be terminated as of [termination date]. As discussed, we’re terminating the employment relationship because [give summary of your reason].
Beginning [termination date], you will no longer be eligible for compensation or benefits associated with this position. Please make sure you return [list any company property that must be returned] by [date of deadline] to [name and address where materials can be dropped off or mailed].
You will be paid your salary until [termination date — if applicable] and are entitled to your accrued vacation days [if applicable]. You’ll also receive severance pay in the amount of [amount and terms, if applicable].
Be advised that you have signed a non-disclosure, non-solicitation, and non-compete agreement [if applicable]. If you have any proprietary information about our company on your personal devices or hard copies, you must delete it immediately.
If you have any questions, you may contact me for up to [number] working days after your final day.
We wish you all the best in your future endeavors.
[Your name and signature]
While this sample letter can serve as a helpful guide as you write your own, it’s always a good idea to review any termination letter with an employment law attorney to ensure that your letter achieves your goals and limits the legal exposure of your company.
Monster can help you recruit top talent and minimize terminations
If you’re reading this article and reviewing the sample termination letter, you may be ready to find a replacement. Letting go is never easy, nor is finding the best candidates for your company. With Monster Hiring Solutions, our free e-newsletter, you’ll get expert insights on recruiting and hiring strategies sent directly to your inbox.
Legal Disclaimer: None of the information provided herein constitutes legal advice on behalf of Monster.
Sample Letter – Request to Return Electric Breast Pump. Use Local Agency Letterhead. Date. Name. Address. City, State, Zip Code. Dear Ms.
This is a Precedent “Statutory Flexible Working Request” Letter for you to personalise. All the words highlighted in BOLD are legal requirements for the request to be valid. You must include these. The remainder of the letter is optional however our view is that including this information, where relevant, will help strengthen your argument and hopefully result in the request being granted.
For the attention of [Line manager name]
[Date]STATUTORY REQUEST FOR FLEXIBLE WORK
This is a statutory request under section 80F Employment Rights Act 1996.
I confirm I have at least 26 weeks of service(note – there is no requirement to confirm your length of service but there’s no harm in doing so)
[I have not previously made a request under section 80F Employment Rights Act 1996.]
[I have previously made a request under section 80F Employment Rights Act 1996 on [Date]] (note –in accordance with this legislation only one flexible working request can be made in any 12 month period so if you’ve previously made a request you need to ensure you wait 12 months before making your next request.)
My current working pattern is… (note – there is no requirement to explain your current working pattern but it is sensible to do so)
I would like my new working pattern to be (note – set out here what arrangements you are looking to put in place.)
I think this new work pattern would have the following effects on the business …. (note – set out here what you think the impact on the business could be)
I think these effects could be dealt with by the following: (note – try to address
(1) the concerns that you think your employer, external clients/customers or colleagues may have here;
(2) how you think your new arrangement could work on daily basis. If you can draw on examples of other people who do a similar job to you and how they have been able to do it flexibly you may want to refer to that too but you should be aware that the fact that an employer has previously accommodated a request may be the reason why they are unable to accommodate yours. Below are some examples you may want to consider depending on the nature of your request.)
(3) how your new arrangements would work in a crisis situation: (note – consider if offering to make yourself available by telephone to deal with emergencies or urgent customer/client requests might assist with addressing business concerns.)
(4) why it could be beneficial to be business too – two heads are better than one (if asking for a job share), allowing flexible work helps keep employees happy and retention rates are higher, it wouldn’t cost the business anything more)
[I am asking for this request in order to…] (note – while there is no requirement to do so, the ACAS guidance suggests that employees should state if their request is made in relation to the Equality Act. It may help an employer decide your application if they understand the reasons behind it e.g. to accommodate childcare arrangements, to help care of someone disabled.)
I would like the new working pattern to come into force on [date] [for  months] (note – if your request is agreed, the change will be a permanent change to your terms and conditions unless you make a different agreement with your employer)
[Ideally, I would like my new working pattern to be as stated above. However, I would be happy to try a combination of the following: (note – add in here any other options you may be willing to consider, it is good negotiation tactic to offer alternatives) so that my new working pattern causes as little disruption to the business as possible.]
[If you are unable to commit to a permanent contractual change, I would be happy to agree to a trial period of [ 3/ 6 ] months so that the business can properly assess if it is a viable option.] (note – your request will have better chances of success if you show some flexibility)
I would be happy to attend a meeting to discuss my request in more detail and to be given a chance to address any concerns that you may have regarding my suggested new working pattern.
I look forward to hearing from you.
For the attention of Jane Smith
23 April 2019
STATUTORY REQUEST FOR FLEXIBLE WORK
This is a request under section 80F Employment Rights Act 1996.
I previously made a request under section 80F Employment Rights Act 1996 on 5th May 2016.
My current working pattern is Monday to Thursday, 9am to 5 pm, with one hour’s lunch per day (28h).
I would like my new working pattern to be Monday to Friday, 9am to 3pm, with half an hour’s lunch each day (27.5h)
I think the effects the new pattern would have on the business would be that I would no longer be available between 3pm and 5pm to deal with client queries.
I think these effects could be dealt with by the following:
I am asking for this request in order to care for my daughter. She starts primary school in September and this working pattern would allow me to drop her off and pick her up. I have already requested parental leave to cover the first month when she is on half days, so I would like the new working pattern to come into force on 1st September 2017.
Ideally, I would like my new working pattern to be as stated above. However, if this is not agreeable, then I would be happy for my working pattern to be 9am to 5pm on Monday and 9am to 3pm Tuesday to Friday so that this request causes as little disruption to the business as possible. If I am given reasonable notice in certain circumstances, I may be able to arrange for my daughter to be picked up from school by a family member to allow me to work an extra hour.
If you are unable to commit to a permanent contractual change, I would be happy to agree to a trial period of 3 months effective from the date of 1 September 2019 so that the business can properly assess if it is a viable option.
I would be happy to attend a meeting to discuss my request in more detail and to be given a chance to address any concerns that you may have regarding my new working pattern.
I look forward to hearing from you.
Jim Moore, Small Business Accounts
This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. Please call our helpline on 0300 012 0312for more details
Watch our film to find out more about your right to request flexible working.
This empty container return letter process and procedure will both ensure firstly, that all CMA. CGM equipment is returned to the correct empty.