The client must be over 18 years of age to sign a hire agreement, which is a legally binding contract in which the customer agrees to the following conditions of hire.
USE OF EQUIPMENT
- The hirer must at all times use the equipment in a skilled and proper manner and must at their own expense service, clean and maintain equipment in good and substantial report and condition.
- Before using the equipment, the hirer must further examine the equipment and by such examination or by whatever other names as may be appropriate satisfy themselves as to the quality and fitness for the purpose of the hirer and if in any way the equipment is defective or unsuitable for the purpose for the hirer it must be returned immediately to the owner with written details of such defects or unsuitability and upon such return to the owner the period of hire shall be terminated.
- The hirer acknowledges that they are not relying upon the skill or judgment of or any representations made by or on behalf of the owner in respect of the equipment or its performance.
Upon completion of the hiring, the equipment must be properly cleaned by the hirer. It is agreed that the whole or any part of the cost incurred by the owner arising out of the failure of the hirer under this clause will be paid for by the hirer.
The hirer must be responsible for all freight and other charges whether incurred by the owner or the hirer in respect of the delivery and return of the equipment except when the period of hire is determined and the equipment is returned to the owner due to a breakdown or failure caused by reasonable wear and tear and not by the hirer’s negligence or misuse or any other reason whatsoever.
DAMAGE TO EQUIPMENT
The hirer must be responsible for any loss or damage to the equipment for any reason whatsoever. It is agreed that on the completion of the period of hire the whole or any part of the cost of replacement of or repair to the equipment must be paid by the hirer.
PERIOD OF HIRE
The period of hire will commence from the commencement date and times as shown on the Hiring Agreement or the time equipment is delivered to the hirer whichever is the later and will cease when it is returned to the owner or, if the hirer notifies the owner in writing that the equipment is available for return at a particular place, when it is packed up by the owner from such a place, when it is picked up by the owner from such place provided that the owner will cause equipment to be so picked up within five (5) days after receipt of such notification.
Hiring charges at the rate specified on the hire agreement will commence from the commencement of the period of the hire and will continue until the completion of the period of the hire defined herein or until the expiration of the minimum period specified on the Hiring Agreement, whichever is the later.
The hiring charges are exclusive of GST which is quoted separately on the Hiring Agreement and must be paid by the hirer in addition to the hiring charges.
BREAKDOWNS AND DAMAGE
- In no event will the owner be responsible for any loss or damage to property or injury to persons caused by equipment or arising out of the use thereof or any other reason whatsoever during the period of hire and the hirer will indemnify the owner in respect of all claim, damage and expenses of the hirer or any other person in relation thereto.
- In the event of a breakdown or failure of the equipment or a defect becoming apparent therein the hirer must return the equipment to the owner’s premises forthwith and on no account repair or attempt to repair the equipment. In the event that such a breakdown, failure or defect is caused by reasonable wear and tear or was inherent in the equipment at the time of the hire and was not caused by or contributed to by the misuse or negligence of the hirer or any other person during the period of hirer any other reason whatsoever then the period of the hire will be determined upon such return of the equipment to the owner.
- In no event will the owner be responsible for any expenditure damages or loss incurred by the hirer caused by or arising out of any breakdown or failure or defect in the equipment whether by fair wear and tear, lack of repair of the equipment, negligence on the part of the owner or any other reason whatsoever.
- No conditions and warranties other than those expressed herein are included or implied in this Agreement except to the extent that any condition or warranty may be included or implied by statute in particular circumstances by a provision which may not be excluded by agreement between the owner and the hirer and in such circumstances and conditions or provisions expressed herein inconsistent therewith to the extent ot the inconsistency will be of no force or effect,
TERMINATION BY THE OWNER
The owner may not withstanding the specified period of the hire and not withstanding any waiver of some previous default forthwith terminate this Agreement and repossess the equipment in any of the following events:
- If the hirer shall fail to pay any hiring charges within two (2) days of the due date.
- If the hirer should do or permit any act or thing whereby the owner’s rights in the equipment may be prejudiced.
- If the hirer should become or be made insolvent or bankrupt or make any arrangements or composition with his creditors or in the case of a hirer being a limited company, should an order be made or a resolution passed for the winding up of such a company.
- If the hirer commits any breech of this agreement.
For the purpose of repossessing the equipment, the owner may enter into or upon any premises where the equipment may be, without the prejudice to the rights of the owner to recover from the hirer any monies due hereunder or any damages for breach hereof and the hirer indemnifies the owner in respect of any claim, damages or expenses arising out of any action taken under this clause.