Mobility Rentals & Sales Hire Terms and Conditions
This Agreement sets forth the Terms and Conditions between Mobility Rentals & Sales (“the Company“) and the person(s) / Organisation / Company / Government Entity (“the Hirer“) named in the accompanying Delivery Schedule or Invoice for the supply/hire of equipment, or the Organisation / Company / Government Entity responsible for payment of invoices on behalf of the person(s) names in the accompanying Schedule or Invoice under any relevant Government Schemes, initiative, insurance, or any other relevant public and private programs.
- Examination and SuitabilityBefore entering into this Agreement, the Hirer confirms that they have thoroughly examined the equipment and are satisfied with its condition and suitability for their intended purpose.
- Equipment and ChargesThe Company agrees to supply the equipment specified in the accompanying Schedule to the Hirer for the agreed period of hire, along with the corresponding charges.
- Terms of PaymentThe Hirer agrees to make all payments in accordance with the payment terms specified in the accompanying Schedule or any subsequent invoices issued by the Company.
Payments and invoices are considered delinquent fourteen (14) days after the issuance of the invoice.
In the event of late payment of any invoice, the Company reserves the right to charge a $25 late payment fee, together with interest on the overdue amount at the rate of 10.00% per annum, or the maximum rate allowed by law.
If any payment has not been made in accordance with this clause 3, we may (at our absolute discretion and without prejudice to any of our rights or remedies under these Terms or at law):
a) After a period of three (3) Business Days, cease providing the Equipment and enter any premises where the Equipment is located to recover or repossess the Equipment (and you agree to provide any access, items and consents required to enable us to do so), and recover, as a debt due and immediately payable from you, our additional costs of doing so (including all recovery costs).
b) The Company may also seek to recover any costs incurred in the process of collecting overdue payments, including but not limited to administration fees, equipment collection costs, equipment cleaning/sanitisation, equipment repair/replacement, legal fees, collection agency fees, and court costs.
The Hirer acknowledges that late payment of invoices may affect their ability to enter into future agreements with the Company. The company reserves the right to require any future agreements following a delinquent payment, to be paid in full, in advance prior to any services or equipment being provided, including but not limited to the extension of any existing hire periods or agreements, or any new agreements.
Should the Hirer encounter any financial difficulties that may prevent timely payment, they are required to inform the Company promptly. The Company may, at its discretion, consider alternative payment arrangements under such circumstances.
In cases where an Organisation, Company, Entity, Government Agency, Government Body, or Government Department assumes the responsibility for paying invoices on behalf of the individual(s) named in the accompanying Schedule or Invoice, it is expressly agreed that such entity shall bear full accountability for any late payment fees, accrued interest, and any additional costs resulting from delayed payment.
- Ownership and UseThe title to the equipment shall always remain with the Company. The Agreement only grants the Hirer the right to use the equipment and does not imply ownership.
- Limitation of LiabilityThe Company, its employees, servants, agents, and contractors shall not be held responsible for any loss (including loss of profits), damage, injury (to persons or property), death, or breach of statutory duty arising from the hire of the goods or any act, omission, negligence, or recklessness of the Company or its representatives.
- Warranty DisclaimerExcept for conditions and warranties required by law, the Company makes no other representations or warranties regarding the conditions, quality, safety, or suitability of the goods. Any express or implied conditions are excluded to the maximum extent permitted by law.
- IndemnityThe Hirer agrees to indemnify and hold harmless the Company from any claims, demands, causes of action, losses, or costs arising from the hire of the goods by the Hirer.
- Hirer’s ObligationsThe Hirer covenants and agrees to the following:
- To pay the specified hiring fee to the Company without deductions.
- To maintain the goods in good order and repair and return them in the same condition to the Company at the end of the hire period.
- Not to use the equipment if it requires adjustment or repair, and to return it to the Company for necessary repairs or replacement.
- To compensate the Company for any damage, destruction, or loss of the goods and accessories during the hire period.
- To be liable for any cleaning, repair, or replacement costs if the equipment is not returned in the same condition as when it was released to the hirer.
- To retain personal control of the goods and not attempt to sell, dispose of, or encumber them.
- To pay a cancellation fee determined by the Company if the booking is cancelled less than 7 days before the hire period’s commencement. Or the hire period is cancelled within the minimum initial hire period.
- To acknowledge that time is of the essence in fulfilling the Hirer’s obligations under this contract, and any waiver by the Company of a breach does not waive subsequent breaches.
- To understand that no insurance is provided by the Company for the benefit of the Hirer.
- Any person signing this agreement on behalf of the Hirer is deemed to have the authority to bind the Hirer, and the Hirer cannot deny such authority.
The customer’s card information will be stored securely, and access will be restricted to authorised personnel only. The Company will take all reasonable measures to protect the card information from unauthorised access or disclosure.
In the event of an extension of the hire period or charges for cleaning and repairs, the Company will provide the customer with a detailed invoice and notify them of the charges made to their card.
- Automatic Extension of Hire PeriodThe Hirer agrees that if no request to cancel the hire is received from them at least one (1) business day before the hire end date specified in the accompanying Schedule or Invoice, the hire period will be automatically extended for the period stipulated in the Schedule or Invoice. The Company will notify the Hirer of the automatic extension, including the new hire end date, via email.
The Hirer agrees that their card on file will be automatically charged for the extended hire period on the due date, as specified in the notification sent by the Company.
The Hirer retains the right to cancel the extended hire period at any time by providing written notice to the Company at least 1 business day before the newly stipulated hire end date. The company may, at its sole discretion, refund the Hirer of any unused hire charges where applicable.
- Changes to ChargesThe charges under this Agreement may vary over time, but the Company will provide at least seven (7) days’ notice in writing to the Hirer before implementing such changes. In the event of an increase in hire charges, the Hirer may terminate the Agreement before the effective date of the increase by giving written notice to the Company.
- Notice and CorrespondenceAll notices or correspondence related to this Agreement must be in writing via email to the addresses specified in the attached Schedule.
- Entire AgreementThis Agreement, along with the attached Schedule, constitutes the entire agreement between the Hirer and the Company, and any amendments must be made in writing and acknowledged by both parties.