TERMS AND CONDITIONS OF HIRE
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.
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 Competition and Consumer Act (2010) 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.
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.
Hiring charges set forth in the body of the agreement is for time out, not time used in respect of hours (60 minutes), day (9am – 5pm), or multi day (24 hours or more).
The hirer agrees to take good care of the equipment at all times and at his own expense, clean and maintain the equipment in good working condition. The hirer certifies he will operate the equipment in a skilfull and proper manner and only use it for the purpose it was intended.
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 he repair or attempt to repair the equipment.
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.
Equipment must be returned in a clean condition or a cleaning charge will apply.
Notwithstanding anything hereinbefore contained:-
a) 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;
b) 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 24 hours prior, and
c) 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 twenty-four (24) hours prior to the date the equipment is to be used by the hirer.
