Phone: 0467 67 KIDS (0467 675 437)

Terms & Conditions

Whereas;

    1. The Company agrees to supply the equipment to the Hirer on the Terms and Conditions set out in this Agreement
    2. The Hirer acknowledges that title to the equipment shall always remain with the Company and the Hirer understands that the Agreement relates only to the use of the equipment not the purchase
    3. The equipment the Company agrees to supply to the Hirer is set out in the Schedule which is attached

 

The Parties Agree;

a)    The period of the hire term is set out in the attached Schedule

b)    In the event the Hirer breaches any of the Terms and Conditions of the Agreement or fails to return the equipment, or damages the equipment or equipment is not in the same state of repair are as at the commencement of hire, then the Company may take possession of the equipment and claim for any outstanding amounts owing to the Company and debit the Hirer from nominated credit card account as prescribed in the attached Schedule with the amount outstanding and payable as well as charge any costs of replacement or repair to the equipment

c)    Notice in writing may be served by either party by facsimile, email, personally or post at the address specified by the Hirer in the Schedule

d)    This Agreement and the attached Schedule contains all the Terms and Conditions agreed upon by the parties

e)    The charges under this Agreement may vary from time to time

f)    In the event that the notice is given advising the Hirer charges are to be increased then the Hirer may terminate the Agreement by giving the Company at least          days notice but all fees and charges up until the time of return of the equipment shall still be due and payable and the Hirer remains bound by the Terms and Conditions of the Agreement.

 

The Hirer Agrees;

  1. To pay the hiring charges as prescribed in the Schedule including delivery charges, pickup charges, hire fees, service fees, environmental fees and all taxes and charges incidental to the hire
  2. That the Company is entitled to access and enter any premises where the equipment is located in the event that payment has not been made to the Hirer and the Hirer shall grant permission to enter any premises or place where the equipment is located and, will facilitate the entry by the Company to enable this to occur
  3. Not to make or permit any unauthorised alterations to the equipment
  4. To return the equipment to the Company at the expiration of the Hire Term in the same condition as when the Hirer first received it and further the Hirer will be responsible for any loss or damage to the equipment and if necessary will reimburse the full replacement cost or repair costs for the equipment which costs can be deducted from the credit card/bond provided by the Hirer
  5. The Company is not responsible for any loss of business, profit earnings or takings or out of pocket expenses or disbursements whatsoever arising out of or including delay or failure to provide or deliver the equipment and will take no action against the Company for the aforementioned delay or non delivery
  6. In the event the equipment is damaged when in possession of the Hirer the Hirer agrees to pay for each individual item up to its full replacement value. Further in the event that any equipment is stolen the Hirer agrees to submit either Police Report or evidence of loss or both within 7 days of the incident particularly in the case of damage caused by fire, storm, collision, accident or burglary and the Hirer becomes responsible for the full replacement value including the cost of removal or transportation associated with the replacement of the equipment
  7. The Hirer agrees that all charges for hire, loss, damage and repair will be paid and that all collection fees, legal fees, court costs or any expenses involved in the collection of these charges will be borne by the Hirer.
  8. The Hirer shall be responsible for any loss of or damage to the equipment for any reason whatsoever except loss or damages caused by reasonable wear and tear. It is agreed that upon the completion of the period of hire the whole or any part of the costs of replacement of the equipment must be met by the Hirer.
  9. The Hirer shall be responsible for any loss or damage to property or person caused by the equipment for any reason whatsoever during the period of hire and the Hirer shall indemnify the Company in relation and in respect of all claims, damages and expenses in relation thereto including but not limited to the uses or non-use of the equipment and The Hirer accepts full responsibility for the care and safekeeping and returning in good order of the equipment
  10. The Hirer shall under no circumstances repair or attempt to repair the equipment without prior consent of the Company
  11. The Company may not withstanding the specified period of hire and not withstanding any waiver or previous default forthwith terminate this Agreement and repossess the equipment in any of the following events

a.    If the Hirer shall fail to pay hiring charges

b.    If the Hirer shall do or permit any act or thing whereby the owners rights and equipment may be prejudice

c.    If the Hirer commits any breach of the Agreement and in such circumstances the Hirer shall indemnify the owner in respect to claims, damages or expenses arising out of any action taken by the Company in entering into or upon any premises where the equipment may be retained

  1. This Agreement may not be transferred or assigned to any other party without the consent of the company
  2. The Hirer hereby acknowledges he/she has been instructed in the safe and proper operation of the equipment and if whoever signs this Agreement warrants that he or she has the authority to make this contract and hereby agrees to indemnify the Company against all losses and costs that may be incurred that such authority is discovered not to be applicable
  3. The Hirer’s responsibility for the equipment commences on receipt of the equipment the Hirer or his agent or on delivery as requested and ends when the Hirer returns the equipment to the Company
  4. Any failure by the Company to enforce any or all of these conditions shall not be construed as a waiver of any of this Company’s rights hereunder
  5. The Hirer shall be responsible upon receipt of the tax invoice from the Company to pay to the Company any amount payable for GST on the taxable supply of the equipment
  6. To return the equipment to the Company at the expiration of the Hire Term in the same condition as when the Hirer first received it and any failure to do so will result in cleaning charges to be incurred and such charges shall be liable to be paid by the Hirer and will pay the owner for all equipment lost, returned damaged or incomplete whilst on hire for the equipments current replacement value on a new for old basis
  7. The Company does not give any warranty as to the equipment or its suitability for any particular use and the Hirer by signing this agreement acknowledges that he/she has inspected the equipment and acknowledges it is in good and serviceable condition
  8. In the event that the Hirer cancels the hire contract within three days of the date for which it has been hired a cancellation fee of 75% of the hirer fees shall be payable. Any cancellations outside of this period there will be a full refund issued to the Hirer. This payment will be made the same way as payment was made to the Company
  9. You authorise the Company to complete any documents necessary to enable the Company to make any payments through the credit card system that you nominate for payment as prescribed in the attached schedule. A bond is applicable on all items hired from the company. This will remain unprocessed unless goods are not returned as per the conditions of the contract or are returned damaged. Any amount to be paid will be debited from the nominated credit account at that time and if the equipment is lost or stolen or is to be replaced and costs of such exceed the amount of the bond then the Hirer will remain responsible for any amount in excess of the bond paid
  10. Any items returned early are not eligible for any refund for any unused period
  11. The Company ensures that all goods are in good order and repair at the time of hire and will provide the relevant instructions manual for use of equipment hired and the Hirer is to familiarise itself with the manufacturers recommendations and failure to comply with the manufacturers recommendations shall be the responsibility and liability of the Hirer. In those circumstances the Hirer will not make any claim against the company and will indemnify the company for any loss, damage or injury that may be occasioned as a result of failure to comply with the manufacturers recommendations
  12. The Hirer by signing the details confirms that the particulars that have been provided are correct in every respect and are not misleading in any way.
  13. In the event that the goods are damaged or if you as the Hirer are involved in any motor vehicle collision or like accident the use of such good is to immediately discontinue and returned to the company
  14. The Hirer will not rent or part with possession of the equipment to any other person or corporation without the written consent of the Company
  15. In the event that the equipment is retained beyond the period of hire then an additional penalty of $20 per day for hire in addition to the hire costs as specified in the Schedule will apply (penalty payment)

 

General;

1.    You must take your own precautions when using the equipment and ensure that they are used in accordance with the manufacturer’s recommendations. It is agreed and you agree that before you begin the use of the goods you will familiarise yourself with the manufacturers recommendation and comply strictly with those recommendations. If any assistance has been provided in fitting or installation of the goods you will not tamper with the goods or change the method of installation without obtaining written consent from the Company or a person who is qualified in the safe handling, installation and maintenance of the equipment

2.    The Company may maintain email lists to keep users informed about areas of specific interest.

3.    In the event that the Company needs to retake possession pursuant to this agreement it will not affect the right of the Company to recover from the Hirer any money due to the Company or damages or breach

4.    In the event that the equipment is hired by a Company then the directors of the company will provide personal guarantees and will become personally liable for any liability or damages and be bound by the conditions of this Agreement.