‘Equipment’ means the items hired out by the Owner to the Hirer. ‘Hirer’ means any person who requests the Owner to hire Equipment to it, including its employees and agents. “Owner” means No Fuss Events Pty Ltd ABN 94 006 077 649 T/As No Fuss Event Hire, its employees and agents. ‘Terms’ means these terms and conditions.
2. Terms of Payment
The Hirer agrees to pay the Owner’s hire charge and any other charges, including charges for loss, damage and repairs or any tax, GST, duty, levy, or other expenses paid or payable by the Owner. If not otherwise specified by the owner in writing all hiring charges including taxes and duties are to be paid prior to delivery of the equipment. Subsequent charges for loss, damage, repairs or other expenses are to be paid within seven days of the relevant invoice. The Hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach by the Hirer of its obligations pursuant to these Terms (including legal costs on a solicitor-client basis). The Hirer acknowledges and agrees that the Owner may pay a rebate, commission or other financial benefit to event organizers or like suppliers in connection with the hiring of the Equipment to the Hirer.
3. Termination of Hire
The Owner may terminate the hire at any time. The Hirer shall have no claims for such termination. The Hirer may terminate the hire of the Equipment by:
(a) returning the Equipment to the Owner during normal working hours; or (b) notifying the Owner that the Equipment is ready for collection, provided that the Hirer keeps the Equipment safe until collection. Upon termination of hire, the Owner is entitled to take possession of the Equipment immediately and for this purpose the Hirer irrevocably appoints the Owner as his agent and authorizes the Owner to:
(i) enter upon any land or premises upon which the Equipment is situated or where the Owner has any reason to believe that the Equipment may be situated;
(ii) remove the Equipment whether or not it is affixed to the land or premises, connected to property or equipment not owned by the Owner, in use by the Hirer or any other person or containing property not owned by the Owner. If the Equipment is not finally returned or ready for pick-up by the Owner at the expiration or termination of the hire period the Hirer shall pay an additional charge of 100% the daily rate for every additional day or part thereof that the Equipment is retained by the Hirer unless otherwise specified by the Owner.
4. The Hirer’s Obligations
The Hirer will:
(a) bear responsibility for the Equipment hired from the time of its delivery until collection by or return to the Owner;
(b) upon installation, delivery or collection of the Equipment immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the Equipment. In accepting the Equipment the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required. The Hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the Owner in respect of the Equipment, its purpose, suitability or performance. Should the Hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the Hirer is liable for all extra costs of the Owner’s employees and cartage;
(c) assume the risk of and indemnify and hold the Owner harmless from and against any and all property damage and personal injury resulting from:
(i) the use of the Equipment;
(ii) contact with underground cables, pipes, services or other obstructions;
(iii) all necessary surface repairs.
(d) use the Equipment in a proper, safe and prudent manner and only for the purpose and capacity for which is was designed.
(e) ensure all Equipment is returned or ready for collection by the Owner’s driver, in a clean, dry and properly packed condition and if being collected, is readily accessible. The Hirer will pay for all cleaning or drying costs and for any damage resulting from not properly drying, cleaning and/or packing the Equipment.
The Hirer acknowledges that the Owner may inspect the Equipment at any time during the period of hire, whether notice of such inspection is given to the Hirer or not, and the Hirer shall provide all assistance and co-operation necessary to facilitate such inspection of the Equipment. The Hirer shall indemnify the Owner in relation to any action of trespass or any other action or claim against the Owner in the course of the Owner exercising its right to inspect the Equipment. The Hirer acknowledges that all property in and title to the Equipment at all times remains with the Owner, the Hirer does not acquire any property in or title to the Equipment and the Hirer’s interest in the Equipment is as bailee of the Owner only.
6. Loss of or Damage to Equipment
If the Equipment is lost, breaks down or is damaged, the Hirer must immediately notify the Owner of the details. Notification shall not absolve the Hirer from its obligations under these Terms. In the event that the Equipment breaks down or becomes unsafe to use, the Hirer shall immediately stop using the Equipment and take all steps necessary to prevent the Equipment from sustaining any further damage. The Hirer must also take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment and must not repair or attempt to repair the Equipment without the Owner’s prior written consent. If the Equipment is lost or damaged and the loss of or damage to the Equipment is caused by the negligence or willful act of the Hirer or the breach of any of these Terms by the Hirer, the Hirer shall without limitation be liable for the following; (a) any costs incurred by the Owner in repairing or replacing the Equipment; (b) hire charges for the Equipment until the Equipment is repaired or replaced; (c) any other costs whatsoever incurred or loss suffered by the Owner as a result of the damage to or loss of the Equipment.
7. Release and Indemnity
The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or these Terms.
8. Damage Waiver
The Hirer agrees to pay a damage waiver to the Owner to cover the costs associated with the normal wear and tear to the Equipment. The damage waiver does not apply to or cover any other damage to or loss of Equipment including, without limitation:
(a) damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment;
(b) damage or loss due to disappearance of the Equipment;
(c) damage caused by the use or operation of Equipment in contravention of any of these Terms;
(d) damage to, or loss of, the Equipment from any unknown cause.
The Hirer will maintain at its own expense all appropriate policies of insurance:
(a) for theft and damage to the Equipment hired in an amount not less than the full replacement cost of the Equipment;
(b) for liability, property and casualty insurance coverage in amounts necessary to fully protect the Owner and its Equipment against all claims, loss or damage whatever.
10. Force Majeure
If the Owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires riots, civil commotion or unrest, interference by civil or military authorities or act of war) the Owner may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the Owner under these Terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The Owner shall not be liable for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.
If any of the Terms becomes void or unenforceable for any reason then that part will be severed from these Terms to the intent that all other parts that do not become void or unenforceable will remain in full force and effect and be unaffected by any severance of other parts. Failure by the Owner to insist upon strict performance of any of these Terms, or to exercise in whole or in part any right that it may have under these Terms or at law, shall not be deemed to be a waiver of any rights that the Owner may have and shall not be deemed a waiver of any subsequent breach by the Hirer of any of these Terms. These Terms shall be governed by and construed in accordance with the laws of the State of Victoria.