The Hirer acknowledges that the hire of any equipment from Port Resort Baby & Equipment Hire (“the Owner”) is subject to the following hire conditions:-
- That all hire equipment remains the property of Port Resort Baby & Equipment Hire — referred to as the owner in this document
- To pay all charges as invoiced by the owner
- In any event of the hirer defaulting in payment of charges or return of any equipment, the owner and any of it’s agents have the right to terminate the hire agreement
- In the event of termination of the hire agreement the owner and any of it’s agent shall have the right to enter the hirers’ premises for the purpose of recovering the equipment and the hirer agrees to give the owner or it’s agents access to the owners equipment when called upon to do so.
- All hired equipment must be returned in a clean condition and cleaning charges will be incurred at the owners’ discretion.
- Insurance of the equipment is the responsibility of the hirer – the owner does not effect any insurance whatsoever on the equipment.
- The hirer will pay the owner for all equipment lost, returned damaged or incomplete whilst on hire at the equipments’ current replacement cost.
- The Owner does not give any warranty in respect of the condition of the hired equipment, or it’s suitability for any particular purpose.
- The owner does not accept responsibility for any injury to person or persons or damage to property belonging to the hirer or to anyone else, which arises from the use of any equipment hereby hired, however any such injury may arise or be caused.
- It is the hirers responsibility to ensure that any equipment hired is appropriate for it’s intended use.
- The owner reserves the right to revise the hire rate schedule of charges without notice.
- The owner reserves the right to charge a bond on all equipment hired and refund of any bond is dependant on return of the hired equipment in as good and clean a condition as when received.
- The owner reserves the right to charge pick up and delivery charges
- The owner reserves the right to charge the full amount of rental / delivery charges if cancelled after delivery and 50% of all charges if less than 24hours notice is given prior to delivery date
- The owner must be notified of any change of address of the hirer within 48 hours of any such change
- Exclusion Clause.
The hirer shall indemnify and keep indemnified and save harmless the owner and the owners servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the owner, it’s servants or agents or otherwise,
- Exclusion of liability.
The owner shall not be liable to the hirer or the hirers servants or agents for any damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations warranties terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under part V Division 2A of the Trade Practices Act (1974) or relevant state legislation) use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the owner, it’s servants or agents or otherwise,
- Operation of clauses.
Clause A & B hereof to the extent they are inconsistent with other clauses, terms or conditions of this agreement are to override such clauses and be of paramount force.