Hire Terms and Conditions

1. Definitions

1.1. The following words have these meanings in this Agreement unless the contrary intention appears: –

Accessories means any goods, attachments, chattels, or associated accessories that are provided to the Hirer in connection with the hire of the Equipment.

Accompanying Schedule means the schedule describing the Equipment and Accessories that forms part of the Hire Agreement.

Business Day means a day that is not a Saturday, Sunday, or public holiday in the State of Queensland.

Claim means any claim, action, proceeding or demand, howsoever arising and whether present, future, fixed, unascertained, actual, or contingent.

Collection means the company retrieving the equipment from the hirer.

Company means Empowered Independence Pty Ltd ACN 668 405 552 trading as ‘Mobility Rentals and Sales’.

Consequential Loss includes (but may not be limited to) any loss of revenue, data, reputation, profits, bargain, actual or anticipated savings, opportunities, consequential loss, and indirect loss.

Equipment means the equipment and any Accessories supplied to the Hirer by the Company.

Fair Wear and Tear means normal deterioration which would be reasonably expected over the Hire Period under normal operating conditions, where the Equipment is operated by a reasonably competent operator, having regard to the condition, age, existing wear, and other specific characteristics of the Equipment.

Force Majure Event means any event beyond the control of either party, including (without limitation) theft, acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders, or regulations of governments of any relevant jurisdiction, fire, flood, storm, tempest, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.

Hirer means the person, organisation or authority who places the order (verbal or written) with the Company.

Hire Agreement has the meaning given to it in clause 2.1.

Hire Booking Form means form or order required to be completed by the Hirer for the hire of the Equipment.

Hire Period means the period described in clause 6.

Liabilities means any liability, loss, cost (including all legal costs and expenses on a full indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising, whether civil or criminal, and whether present, unascertained, future, or contingent.

Minimum Initial Hire Period means two (2) weeks, unless otherwise specified.

Object means to object generally and includes (without limitation) to:-

  1. Avoid or attempt to avoid this Contract;
  2. Refuse to accept the Equipment upon Pick up or delivery;
  3. Object to a variation, change or substitution;
  4. Seek an injunction;
  5. Require the Company to carry out any works or tasks or specific performance;
  6. Delay delivery or acceptance or any other contractual obligations;
  7. Seek to Claim any compensation of any nature;
  8. Pursue the Company by any means;
  9. Seek any reduction of or attempt to retain any payment to the Company under this Hire Agreement.

Pick up means the hirer collecting the equipment from the company’s showroom.

PPSR means the Personal Property Securities Register.

PMSI means a purchase money security interest as defined in the PPSA.

PPSA means the Personal Property Securities Act 2009 and any other legislation and regulations in respect of it and the following words, and all related terms, in clause 17 and have the respective meanings given to them in the PPSA: “security interest”, “security agreement”, “financing statement”, “financing change statement”, “verification statement”, “attached”, “attachment” and “perfected”.

1.2. In this Agreement unless the Contrary intention appears:

  1. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
  2. a reference to any thing (including, without limitation, any amount) is a reference to the whole and each part of it and a reference to a group of persons is a reference to all of them collectively, to any two or more of them collectively and to each of them individually;
  3. the word “person” includes a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any Government Agency;
  4. a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
  5. a Deed, representation or warranty on the part of or in favour of two or more persons binds or is for the benefit of them jointly and severally;
  6. the singular includes the plural and vice versa;
  7. a reference to this Deed or another instrument includes any variations or replacement of either of them; and
  8. the verb “include” (in all its parts, tenses and variants) is not used as, nor is it to be interpreted as, a word of limitation.

1.3. Headings are inserted for convenience and do not affect the interpretation of this Deed.

2. Hire Agreement

2.1. A Hire Agreement is formed on the provision of a Hire Schedule to the Hirer by the Company (the Hire Agreement). The Hire Agreement applies to all Equipment hired by the Hirer.

2.2. The Hire Agreement consists of:-

  1. the Hire Booking Form;
  2. these Hire Terms and Conditions;
  3. the Accompanying Schedule; and
  4. any special conditions specific to the type of Equipment hired.

2.3. Any terms contained in any document supplied by the Hirer, including any terms in the Hire Booking Form.

2.4. Acceptance of a Hire Agreement will occur on the earliest of the following:-

  1. Signing the Hire Agreement;
  2. Paying all or part of the hire charges, a deposit or any costs or expenses;
  3. Accepting delivery or pick up of the Equipment; or
  4. Otherwise performing the Hire Agreement.

2.5. In the event that the Equipment or Accessories are committed to a third party after the issue of the Hire Agreement and prior to the Company’s receipt of the Hirer’s acceptance of same, then at the Company’s election, no binding Contract will have been formed and the Client may not Object or make any Claim for any Liability against the Company.

2.6. The Company reserves the right to satisfy itself of the Hirer’s credit worthiness at any stage of this Contract and should such credit worthiness be unsatisfactory to it, the Company may (in its discretion), terminate this Hire Agreement by notice in writing without being obligated to provide any reasons and the Hirer may not Object or make any Claim for any Liabilities in connection with such termination.

2.7. In the event that the Client requires the Company to provide an invoice or Quotation to a financier or leasing company, the Company must be advised at the time of issuing the Hire Agreement.

3. Our Hire Commitment to You

3.1. The Company agrees to:-

  1. hire the Equipment to the Hirer for the Hire Period;
  2. provide Equipment to the Hirer in good working order; and
  3. subject to the terms of this Agreement, allow the Hirer to exclusively use the Equipment during the Hire Period.

4. Examination and Suitability

4.1. Before entering into this Agreement, the Hirer confirms that they have had the opportunity to undertake all necessary investigations and enquiries and have thoroughly examined the equipment and are satisfied with its condition and suitability for the intended purpose.

4.2. The Company does not give any warranty in relation to the suitability or fitness of purpose in relation to the hire of the Equipment.

4.3. The Client warrants it has made all inspections and inquiries of all matters pertaining to the location to which the Equipment will be delivered and/or collected (as applicable) and warrants the location will, at all material times, be suitable for the delivery, installation, use and collection of the Equipment.

4.4. The Hirer acknowledges and warrants that it is not aware of any medical problem that would increase the risk of illness and injury as a result of the hire or use of the Equipment or Accessories. The Hirer acknowledges that it has been advised to consult a physician prior to the entry into this Hire Agreement or the purchase of any Equipment from the Company. Furthermore, the Hirer understands that none of the personnel of the Company hold themselves out to be a licensed physician, nor qualified to provide any medical advice.

4.5. It is a condition of sale that any description or specification contained in our printed literature is for general indicative purposes only and does not render the Company responsible in any way, except to the extent that the Goods shall comply with the standards set out in such description or specification and that such description or specification shall not be taken as implying or giving any undertaking as to fitness for any particular purpose.

5. Particular Specifcations

5.1. Where you have ordered Equipment to comply with particular specifications, you warrant that you have verified those specifications and have satisfied yourself that the Equipment is fit for purpose.

6. Hire Period, pick up, delivery and collection

6.1. The Hirer must hire the Equipment for the Minimum Initial Hire Period.

6.2. The Hire Period commences on the earlier of:-

  1. the Start Date noted on the Hire Booking Form;
  2. when the Hirer takes possession of the Equipment; or
  3. if the Hirer requests delivery of the Equipment, the time the Company delivers the Equipment to the address in the Hire Booking Form, or other address provided by the Hirer.

6.3. Subject to clause 6, the Hire Period ends on the later of: –

  1. the End Date noted on the Hire Booking Form; or
  2. when the Equipment is back in the Company’s control or possession.

6.4. The Hirer shall pay all transport, delivery, and collection costs, whether included in the Hire Agreement or advised to it by the Company and must otherwise attend to payment prior to the Company being required to effect delivery;

6.5. The Company may impose additional or incidental charges in connection with any delays in the Hirer picking up the Equipment or where delivery, or collection is delayed for circumstances outside the control of the Company.

6.6. Time and dates of pick up, delivery or collection (as applicable) are not of the essence and any advice given by the Company, whether verbal or in writing as to pick up, delivery, collection, or the date or timing thereof shall be an estimate made in good faith based on the Company’s known hire and/or commitments at the time of the advice. The Company reserves the right to revise any estimates given, in its discretion.

6.7. If pick up, delivery, or collection is delayed due to a Force Majure Event or any reason beyond the control of the Company, then the Hirer will be advised in writing accordingly when reasonably practicable. The Company will be entitled to be paid all reasonable costs of such delay including any additional costs, fees, charges, expenses or overhead recovery.

6.8. The Hirer may not Object and the Company shall not be liable for any Claim or any Liabilities in connection with anything set out in this clause 6.

7. Automatic Extension of Hire Period

7.1. If the Client retains possession of the Equipment after the Expiry Date with the consent of the Company, the hire will continue on a fortnightly basis on the same terms and conditions as this Hire Agreement.

7.2. The Hirer agrees that their card held on file will be automatically charged for the extended hire period on the due date, as specified in the notification sent by the Company.

7.3. The Hirer retains the right to cancel the extended hire period at any time by providing written notice to the Company at least one (1) Business Day before the newly stipulated hire end date. The Company may, at its sole discretion, refund the Hirer for any unused hire charges where applicable.

8. Hire Rates and Charges

We agree to supply the Equipment specified in the Accompanying Schedule to You for the agreed period of hire, along with the corresponding charges.

9. Terms of Payment

9.1. The 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.

9.2. Unless otherwise stated on the invoice itself, Payment of an invoice issued is required to be made by the Hirer within fourteen (14) days of receipt of the invoice.

9.3. In the event of late payment of any invoice issued, the Company reserves the right to charge a $25.00 late payment fee, together with interest on the overdue amount at the rate of 10% per annum, or the maximum rate allowed by law.

9.4. If any payment has not been made in accordance with this clause 9, the Company may in its absolute discretion and without prejudice to any of our rights or remedies under these terms and conditions or at law:-

  1. 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 the Company to do so), and recover, as a liquidated debt due and immediately payable from you, our additional costs of doing so (including any interest and recovery costs).
  2. The Company may also seek to recover any costs incurred in the process of collection 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.

9.5. 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 late 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 period or agreements, or any new agreements.

9.6. 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 arrangement under such circumstances.

9.7. In cases where an Organisation, Company, Entity, Government Agency, Government Body, or Government Department assumes the responsibility for paying invoices on behalf of Hirer 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.

9.8. All payments required to be made free of any set off or counterclaim and without deduction or withholding whatsoever. In the event that there is a dispute regarding any payment, then notwithstanding that dispute, any undisputed portion or payments must be made to the Company as and when they are due and owing.

10. Ownership and Use

10.1. The Company owns the Equipment and retains titles to the Equipment at all times.

10.2. This Agreement only grants the Hirer the right to use the Equipment and does not imply ownership.

10.3. The Hirer is not entitled to offer, sell, assign, sub-let, charge, mortgage or create any form of security interest over, or otherwise deal with the Equipment in any way.

11. Retention of Title

11.1. No title or ownership of the Equipment will be supplied to the Hirer under the Hire Agreement. The Hirer is a bailee with a right of use only and the Hirer must:-

  1. Store and identify the Equipment as belonging to the Company;
  2. Not attach or intermingle the Equipment with any other property.
  3. Not change, alter or obscure in any way the Equipment or any identification markings that the Company may have placed on the Equipment;
  4. Not, sell, transfer, lease, licence, hire, dispose of, part with possession or control of the Equipment to any person (including a related entity) without the prior written consent of the Company.

11.2. As the Equipment remains the property of the Company, the Hirer has no right or claim to any interest in same and must not claim any set off or lien and must not create any absolute or indefeasible interest in the Equipment in favour of any third party, except where expressly authorized by the Company.

11.3. Replacement items, improvements or addons made with the Company’s consent must not be the subject of any other encumbrance or interest (including a security interest under the PPSA) and become the property of the Company.

12. Repair and Maintenance

12.1. The Hirer must keep the Equipment and Accessories, and anything stored on the Hirer’s location in good and substantial repair and condition (fair wear and tear excepted) and in a clean and sanitary condition. The Company’ has the sole discretion to determine what does and what does not constitute fair wear and tear.

12.2. All cleaning or repair required during the Term is the responsibility of the Hirer, at its sole cost and expense. The Hirer must not alter the Equipment or Accessories in any way, unless The Company consents in writing.

12.3. The Hirer must ensure that the Equipment is in a clean and fully operational state at the end of the Term. The Company will inspect same upon their return to verify the quantity and condition and will issue a return notice. The Hirer is entitled to attend this inspection and unless the Hirer provides written notice of any dispute within five (5) days of the date upon which the inspection was completed, the Equipment and Accessories shall be deemed to have been returned in the quantity and condition that has been specified by The Company on their return.

12.4. Prior to returning the Equipment or Accessories, the Hirer must attend to any cleaning or repairs in accordance with any of the Company’s requirements. Where Equipment is being collected from the hirer, the company may, at its sole discretion refuse collection of the Equipment, if it is not in a clean and sanitary condition. The Company may charge additional collection fees to re-affect collection after the Equipment has been cleaned, in accordance with clause 6.

12.5. The Company may charge a standard cleaning charge on return of the Equipment, which will be notified in writing. An excess cleaning charge will be applied where The Company considers that specialised cleaning products, methods or personnel are required to return the Equipment or Accessories to a salable or lettable state.

12.6. The Company may, upon the giving of no less than 24 Hours notice (which both parties acknowledge is reasonable), inspect the Equipment or any Accessories and if there is any damage, The Company may, at its discretion, repair the Equipment or Accessories at the Hirer’s expense, or issue a notice to the Hirer to repair the Equipment or Accessories within a reasonable period or, repossess them, at the Hirer’s expense.

12.7. The Company may also repossess the Equipment or Accessories if it becomes aware that the Hirer is using them for any purpose that is contrary to the provisions of the Contract, or an illegal or immoral purpose or there is a risk that further use may result in damage to the Equipment or Accessories or any injury to any property or person’s safety or health.

12.8. The Company may charge all reasonable costs incurred in attending any Site for the purposes of inspection, maintenance, repairs or any training or induction.

12.9. The Hirer must notify the Company immediately upon any damage, loss, injury or theft of the Equipment or any Accessories, including full particulars of same. Any Equipment or Accessories so affected will be repaired or replaced at the Hirer’s expense, to the condition they were in at the commencement of the Term. The Hirer indemnifies the Company against any lost revenue or Consequential Loss caused to it whilst the damaged or missing Equipment or Accessories are being repaired or replaced.

13. PPSA

13.1. The Hirer acknowledges and agrees that the provisions of section 9 (Ownership) and 10 (Retention of Title) constitute the security agreement between the parties, creating a security interest in all present and future supplies.

13.2. This security interest in the Equipment extends to any proceeds of any sale or any insurance claim in respect of the Equipment and monies held in a separate account arising from the sale of the Equipment for the purposes of the PPSA and to the extent applicable, the PPSA applies.

13.3. For the purposes of the PPSA, the collateral is described as the Equipment and related goods and the collateral may be further described in the Hire Agreement.

13.4. The Hirer acknowledges that the Company may do anything reasonably necessary, including (without limitation) registering any security interest (including a PMSI) which it may have over the Equipment on the PPSA in order to perfect the security interest and comply with the requirements of the PPSA.

13.5. The Hirer agrees, without charge, to provide all information and do all things reasonably necessary to assist The Company undertake the matters set out above.

13.6. The Hirer is not entitled to use the Equipment as security, encumber or create any form of security interest over the Equipment.

13.7. The Hirer waives any right pursuant to s.157(3)(b) of the PPSA to receive notification of a verification statement in relation to any registration event.

13.8. The Hirer and The Company agree that pursuant to s.115 of the PPSA, the following provisions of the PPSA do not apply in relation to the security interest, to the extent, if any, mentioned (and words in this provision have the same meaning in the PPSA):-

  1. Section 95 (notice of removal of accession);
  2. Section 125 (obligation to dispose of or retain collateral) in that The Company may extend the time for delay as it considers appropriate;
  3. Section 129 (disposal by purchase);
  4. Section 130 (notice of disposal), to the extent that it requires the secured party to give a notice to the grantor before disposal;
  5. Section 132(3)(d) (contents of a statement of account after disposal);
  6. Section 132(4) (statement of account if no disposal);
  7. Section 135 (notice of retention);
  8. Section 142 (redemption of collateral); and
  9. Section 143 (reinstatement of security agreement).

13.9. The Hirer agrees not to disclose information of a kind that can be requested under s.275(1) of the PPSA and must do everything on its part to ensure that s.275(6)(a) continues to apply.

14. Return of Equipment

14.1. The Hirer must return the Equipment to the Company in the same condition and good working order as when the Hirer received the Equipment, Fair Wear and Tear excepted.

14.2. If the Hirer does not properly clean or sanitise the Equipment, the Company reserves the right to charge a cleaning cost in accordance with clause 12.

14.3. If the Company has agreed to collect the Equipment from the Hirer, the Hirer must ensure that is it kept safe and secure until the time of collection.

15. Break Down, Lost, Stolen or Damaged Equipment

15.1. If the Equipment breaks down, becomes unsafe to use, is lost, stolen or damaged during the Hire Period, the Hirer must:

  1. in the case of damage, unsafe use or breakdown, immediately stop using the Equipment;
  2. immediately notify the Company and provide all relevant particulars of the incident;
  3. for incidents of theft, promptly report the incident to the police and provide the Company with a written police report;
  4. take all steps necessary to prevent injury occurring to persons or property and to prevent further damage to the Equipment; and
  5. not repair or attempt to repair the Equipment without the written consent of the Company.

15.2. If the Equipment breaks down, becomes unsafe to use or is damaged:

  1. as a result of Fair Wear and Tear; or
  2. in connection with any act of omission by the Company;

then, upon receiving a notice from the Hirer in accordance with clause 12.1, the Company will take all reasonable steps to repair the Equipment or provide a suitable replacement, at the Company’s cost, as soon as reasonably practicable.

15.3. If the Equipment:

  1. breaks down, becomes unsafe to use or is damaged:
  2. for any reason other than as a result of Fair Wear and Tear or the Company’s act or omission;
  3. in connection with any act or omission of the Hirer or any other third party; or
  4. is lost or stolen during the Hire Period;

then, upon receiving a notice from the Hirer under clause 12.1, the Company will take all reasonable steps to repair the Equipment or provide a suitable replacement as soon as reasonably practicable, and the Hirer shall be liable for:

  1. the costs and expenses suffered or incurred by the Company to recover, repair or replace the equipment; and
  2. the hire charges for the portion of the Hire Period during which the Equipment was broken down, unsafe, damaged and/or being recovered, repaired or replaced.

16. Default

16.1. The Hirer is in default under this Agreement if the Hirer:

  1. breaches any term of this Agreement;
  2. does not make a payment in full, when required;
  3. becomes insolvent or bankrupt;
  4. seeks to make an arrangement or composition with the Hirer’s creditors under a law relating to insolvency or bankruptcy;
  5. is in financial difficulty (in the reasonable view of the Company); or
  6. endangers the safety and condition of the Equipment.

16.2. If the Hirer is in default, the Hirer:

  1. becomes liable to pay the Company any monies owing under this Agreement immediately; and
  2. must return the Equipment to the Company immediately.

16.3. The Company will have all rights and remedies set out in this Hire Agreement in addition to those otherwise available at law. All such rights and remedies are cumulative. The Hirer must pay all costs and expenses paid or incurred by the Company in enforcing its rights under or in connection with this Contract, the supply, installation and dismantling (as applicable) of the Equipment including, without limitation, legal fees and court costs on a full indemnity and solicitor client basis.

16.4. The Company may also set off any amounts owing by the Company to the Hirer as against any amounts owing by the Hirer to the Company and make a demand upon the Hirer for any legal or other costs incurred by the Company shall be recoverable by the Company as against the Hirer on a full indemnity and solicitor client basis.

17. Limitation of Liability

17.1. The 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 or the Equipment or any act, omission, negligence, or recklessness of the Company or its representatives.

18. Warranty Disclaimer

18.1. Subject to clause 18.3 and except for conditions and warranties required by law, the Company makes no other representations or warranties regarding the condition, quality, safety, or suitability of the Equipment. Any express or implied conditions are excluded to the maximum extent permitted by law.

18.2. Subject to clause 18.3, the Company’s liability for any loss or damage, however caused (including by negligence), suffered or incurred by the Hirer in connection with any Hire Agreement of which these Terms form part is limited to the sum paid to the Company by the Hirer in respect of that Hire Agreement prior to the date that loss or damage is first suffered in connection with that Hire Agreement.

18.3. If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in respect of any Goods or Services supplied in connection with any Hire Agreement of which these Terms form part and the Company’s liability for failing to comply with that guarantee cannot be excluded but may be limited, clauses 18.1 and 18.2 do not apply to that liability and instead our liability for such failure is limited to, in the case of a supply of Goods, the Company replacing the Goods or supplying equivalent Goods, or in the case of a supply of Services, the Company supplying the Services again or paying the cost of having the Services supplied again.

19. Indemnity

19.1. The 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 Equipment by the Hirer, or in respect of:-

  1. Any breach of this Hire Agreement, wilful misconduct, provision of false or misleading information, fraud or breach of any statute, law or regulation;
  2. Any negligent act or omission of the Hirer or its directors, employees, agents, representatives or contractors;
  3. The Hirer’s use of the Equipment including (without limitation) the delivery, installation, storage or operation of the Equipment or Accessories;
  4. The contemplated, attempted or actual enforcement, preservation or exercise of any right under this Hire Agreement or any enforcement by The Company of any rights under this Hire Agreement;
  5. Personal injury, including death and disease, loss of or damage to property arising directly or indirectly out of or in connection with the use of the Equipment by the Hirer (or anyone authorised by the Hirer), the performance of this Contract whether or not same is caused or contributed to by the negligence or default of any other party; and
  6. The performance of this Hire Agreement.

19.2. Each indemnity in this Hire Agreement is independent of the parties other obligations, continues beyond the ending of this Hire Agreement and may be enforced before incurring expense or making payment.

20. The Hirer’s Obligations

20.1. This Agreement is personal to the Hirer and the Hirer must not allow or authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agree to by the Company in writing.

20.2. The Hirer agrees that before taking delivery or possession of the Equipment that the Hirer is satisfied as to the suitability and condition of the Equipment. The Company makes no representations and gives no guarantee or warranty that the Equipment is suitable for the Hirer’s intended purpose.

20.3. If the Hirer finds the Equipment is broken, damaged or defective, the Hirer must notify the Company within 24 hours after the Hirer picks up or receives the Equipment. If the Hirer does not notify the company within this time period, the Equipment received will be deemed to have been in good order and condition on pick up or delivery (as applicable).

20.4. The Hirer acknowledges and agrees:

  1. to pay the specified hire charges and any invoice issued by the Company without deduction;
  2. that the Hirer will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer and in accordance with the manufacturer’s instructions;
  3. the Hirer will operate and use the Equipment in a safe manner and ensure the Equipment is stored securely and safely at all times;
  4. the Hirer will ensure the persons operating or using the Equipment are suitably trained on its safe and proper use (if required); and
  5. the Hirer will clean and keep the Equipment in good condition and in accordance with the Company’s instructions at the Hirer’s own cost;
  6. the Hirer will be responsible for any cleaning, repair or replacement costs it the Equipment is not returned in the same conditions as when it was released to the Hirer;
  7. to compensate the Company for any damage, destruction, or loss of the Equipment and/or Accessories at full replacement cost;
  8. that the Company will not provide insurance of the Equipment to the Hirer for its benefit; and
  9. that any person or entity signing this Agreement for or on behalf of the Hirer will be bound by these terms and conditions.

20.5. The Hirer must not:

  1. in any way alter, modify, tamper with, damage or repair the Equipment without the Company’s prior written consent; or
  2. deface, remove, vary or erase any identifying marks, plate, number, notices, or safety information on the Equipment.

21. Retention of Hirer Card Information

21.1. For the purposes of charging for extended hire periods and covering cleaning and repair costs, the Company is authorised to retain the Hirer’s card information securely on file. The card information will be used solely in accordance with this Agreement and the Company’s privacy policy.

21.2. The Hirer’s card information will be stored securely, and access will be restricted to authorized personnel only. The Company will take all reasonable measures to protect the card information from unauthorised access or disclosure.

21.3. In the event of an extension of the hire period or charges for cleaning and repairs, the Company will provide the Hirer with a detailed invoice and notify them of the charges made to their card.

22. Changes to Charges

22.1. The charges under this Agreement may vary over time, and the Company reserves its right to make changes to such charges.

22.2. 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 this Agreement in writing by notice to the Company before the effective date of the increase.

23. Cancellation

23.1. If:

  1. this Agreement is cancelled by the Hirer less than seven (7) days before the Hire Period Commences; or
  2. this Agreement is cancelled within the Minimum Initial Hire Period,

the Hirer shall be liable to pay a cancellation fee as reasonably determined by the Company.

24. Authority

24.1. The person or entity signing or accepting the terms and conditions which forms part of this Agreement for and on behalf of the Hirer hereby warrants that they have the Hirer’s authority to enter into this Agreement on the Hirer’s behalf.

24.2. The person or entity signing or accepting the terms and conditions of this Agreement indemnifies the Company against all losses, costs and claims incurred by the Company arising out of the person so signing this Agreement not in fact having such power and/or authority.

25. Notices and Correspondence

25.1. All notices or correspondence related to this Agreement must be in writing and may be delivered by:-

  1. hand;
  2. mail;
  3. facsimile; or
  4. email,

to the address specified in Accompanying Schedule.

26. Counterparts

26.1. This Agreement may be executed in any number of counterparts and by the Parties on separate counterparts.

26.2. Each counterpart constitutes the agreement of each Party who has executed and delivered that counterpart.

26.3. Exchange of executed counterparts of this Agreement may take place by means of copies sent by facsimile or PDF copy sent by electronic mail.

27. Entire Agreement

27.1. This Agreement, along with the Accompanying Schedule, constitutes the entire agreement between the Hirer and the Company, and any amendments must be made in writing and acknowledged by both parties.