Indemnity
The hirer shall indemnify and keep indemnified and save harmless the Owner and the Owner’s servants
and agents from all damages, suits, actions and claims and demands of every description whatsoever
and howsoever arising either directly or indirectly from the use, maintenance, transport of the goods or
otherwise and whether resulting from the negligence of the Owner, its servants or agents or otherwise.
Exclusion of Liability
The Owner shall not be liable to the Hirer or the Hirer’s servants or agents for any damages, suits,
action, claims and demands of every description whatsoever arising either directly from representations,
warranties, terms and conditions expressed or implied (except in so far as statutory conditions and
warranties cannot be excluded under Part V Division 2A of the Trade Practices Act (1974) or relevant
State legislation), use, maintenance, transport, operation of the goods or otherwise and whether
resulting from the negligence of the Owner, its servants or agents or otherwise.
Operation of Clauses A and B
Clauses A and B hereof to the extent they are inconsistent with other clauses, terms and conditions of
this Agreement are to override such clauses and be of paramount force.
Period
The agreement shall commence upon acceptance and delivery of the equipment to the hirer by the
owner, his servants or agents at the owner’s premises. The agreement shall cease upon the return of
the equipment to owner’s possession or at any time when demanded by owner.
Charges
Hiring charges set forth in the body of the agreement is for time out, not time used in respect of hours
(60 minutes), day (9.30am – 4.30pm), or multi day (24 hours or more).
Use
The hirer agrees to take good care of the equipment at all times and at their own expense, clean and
maintain the equipment in good working condition. The hirer certifies they will operate the equipment in a
skilful and proper manner and only use it for the purpose it was intended.
Breakdown
In the event of breakdown, the hirer shall return the equipment to the owner’s premises forthwith at the
hirer’s expense and on no account shall they repair or attempt to repair the equipment.
Loss/Damage
The hirer accepts the responsibility for all damages and loss or theft to the equipment hired or any part
of it during the period of hire, save and except the normal wear and tear and will reimburse the owner
the full cost of repair or replacement as decided by the owner.
Cleaning
Equipment must be returned in a clean condition or a cleaning charge will apply.
Cancellation Fees
Notwithstanding anything hereinbefore contained:-
-
A full refund of any booking fee and/or hire charges paid by the hirer will be made by the
owner provided a cancellation notice is received at least two (2) days prior to the date the
equipment is to be used by the hirer;
-
An administration fee of $25 will be deducted from any booking fee and/or hire charges paid
by the hirer if the cancellation notice is received less than seven (7) days, but more than
forty-eight (48) hours, prior to the date the equipment is to be used by the hirer; and
-
No refund of any booking fee and/or hire charges paid by the hirer will be made in the event a
cancellation notice is received by the owner less than forty-eight (48) hours prior to the date
the equipment is to be used by the hirer.
Refunds will be made within seven (7) days of cancellation via electronic bank deposit providing customers bank details have been received.
