Care of Equipment and Breakdowns: (a) The Hirer shall take proper care of the equipment and shall indemnify the owner against any damage or loss or from theft. The Hirer must reimburse the owner in full for any damage or loss immediately upon termination of hire. (b) The Hirer warrants that he is competent and qualified to use the equipment in the way or which it is designed. (c) Breakdown resulting from misuse shall not in any circumstances shorten the period of hire. (d) It is the Hirers responsibility to satisfy themselves that the equipment is suitable for the work intended and that it is used in a way that complies with all statutory requirements. (e) The equipment does not purport to be new stock or equal to new, but when sent out all items are understood to be in good condition and fit for normal use. (f) The Owner is not liable for any loss suffered by the Hirer or liability incurred by the Hirer as a result of the breakdown of the equipment howsoever caused. In the event of breakdown the Hirer must immediately notify the Owner by telephone.
No assignment of hire agreement: The hirer shall not sublet the equipment to any other person but this shall not prevent employees of the hirer using the equipment in conformity with this agreement.
No warranties by owner: The Owner makes no warranty or representations as to the state, quality or fitness of the equipment for any purpose and no such warranty shall be implied by the description of the equipment on the face of this form. All implied warranties and conditions as to the state, quality, or fitness of the equipment for any purpose are hereby excluded.
Damage/ Theft/ Loss Waiver: There is no Waiver or Insurance available to the Hirer. The Hirer is completely responsible for all equipment until the end of the hire period. The Hirer is must pay for any equipment lost or stolen during the hire period. The Hirer must pay for any equipment damaged during the hire period damaged.
In the case of a person entering into this contract in a private capacity as Hirer, the Hirer by entering into this contract hereby authorises the disclosure of personal information regarding their creditworthiness by any other party to the Owner and that this personal information may be used by the Owner to advise the Hirer of the Owner's other goods and services. The Hirer has rights of access to and correction of personal information contained in this contract subject to the provisions of the Privacy Act 1993.
Payment: Payment is required before hiring commences. This payment will consist of the estimated total charges and an appropriate bond refund will be made to the Hirer on returning the equipment in good order and condition. Should total charges exceed the amount of the bond the balance is payable by the Hirer promptly on return. (b) The Hirer by accepting the goods or services agrees to the terms and conditions as laid down by the Owner and agrees to pay any costs of collection and all legal fees incurred by the Owner in the event of legal action becoming necessary.
Return of Equipment: The Hirer or his authorised agent must be present when the owners staff check the equipment back into the possession of the owner. If the hirer fails to be present he shall not be entitled to subsequently dispute the amount of, or condition of, the equipment recorded in writing as returned by the owner at the time of return. Disputes: No claim relating to goods and services will be considered unless made within seven (7) days of completion of goods and services.