Version 1.2.1 Mar 1, 2020
These terms are the basis of all loan agreements conducted through Hire Things.
The specific terms and conditions agreed by the lender and borrower on any loan agreement however may add to, extend, alter, and override parts of these standard agreement terms.
These terms form part of, and should be read and interpreted as part of, the Hire Things site usage terms and conditions
- Lender: the owner of the goods (or person with rights to lend or hire out) - referred to here as lender or lessor, and also known as hirer agent, manager, letter, bailor.
- Borrower: the person who accepts possession of the goods for a period of time - referred to here as borrower or lessee, and also know as hiree, lettee, user, bailee
- Resource: any asset or item being lent, let, leased, or hired to the borrower by the lender
- Loan agreement: the deed of use negotiated and agreed by the lender and the borrower through Hire Things
- Members agree to adhere to the specific terms and conditions defined and outlined by them in any specific loan agreement which will prevail in case of contradiction with these standard terms and conditions. In the case of absence of specific terms and conditions, members agree to adhere to these standard terms and conditions.
- The borrower agrees to repair or replace (or pay for repair or replacement) for any damage or loss to any resource incurred whilst the item is in their possession. Damage or loss does not include reasonable wear and tear.
- The borrower agrees to pay to the lender all hire fees, bonds, deposits, and other costs as agreed (in loan documents negotiated on Hire Things or as negotiated otherwise).
- The lender must supply goods which are fit for the purpose which they are supplied for.
- The lender has a duty to warn of known defects or limitations of the goods.
- The lender must expressly state any limitation on the use of the goods.
- The borrower agrees to inform the lender of any intended use of the resource that may be considered to be outside of the standard use of the resource
- Borrowers agree to only use borrowed/hired resources in the manner allowed and agreed in any loan agreement, or as otherwise negotiated and agreed, and to negotiate in advance any permissions to use any such resource in any other manner.
- Borrowers agree not to re-lend or re-hire any resources without the express written permission of the resource owner/manager
- Should a claim of damage be placed by the lender, it is on the borrower to show the loss or destruction was not caused by their negligence.
- Any exclusion of liability by the borrower must be clear and unambiguous.
- The lender and the borrower agree that, unless otherwise stated, there may well be no implied insurance cover for any resource lent or hired out
- The borrower agrees to return resources in their issued/received condition, on or before the agreed times. The borrower agrees to communicate in advance to the resource lender any likely inability to to this. The lender and the borrower agree to try to agree an appropriate, fair, and workable resolution.
- Members agree to pay any let fees, cancellation fees, insurance excesses, and any other liabilities as required by the lender and stated and agreed upon in the loan agreement, with the exception to fees payable directly to Hire Things.
- The borrower and lender agree that Hire Things is in no way a party to any lending, borrowing, hiring transaction conducted through Hire Things, and that they in no way will seek to make any such claim.
Jurisdiction & Governing Law - transactions
- The terms and conditions of any agreement between lender (bailor) and borrower (bailee) done through Hire Things will be governed by, and construed in accordance with, the laws of the region where the asset/resource being loaned is domiciled.