Terms and Conditions of Hire

USE OF EQUIPMENT

The hirer shall at all times use the equipment in a skilful and proper manner and shall at his own expense service, clean and maintain the equipment in good order and substantial repair and condition, reasonable wear and tear excepted.

CLEANING

Upon completion of the hiring the equipment must be properly cleaned by the hirer. It is agreed that the whole or any part of the cost incurred by the owner arising out of the failure by the hirer under this clause may be deducted from the deposit.

FREIGHT

The hirer shall be responsible for all freight and other charges whether incurred by the owner or the hirer in respect of the delivery and return of the equipment except when the period of hire is determined and the equipment is returned to the owner due to breakdown or failure caused solely by reasonable wear and tear and not the hirer’s negligence or misuse or any other reason whatsoever.

DAMAGE TO EQUIPMENT

The hirer shall be responsible for any loss of or damage to the equipment for any reason whatsoever except loss or damage which is caused by reasonable wear and tear. It is agreed that upon the completion of the period of hire the whole or any part of the cost of replacement of or repair to the equipment may be deducted from the deposit.

DAMAGE TO PROPERTY OR PERSON

  1. It is the responsibility of the hirer to advise of any potential for damage to be caused to the owner’s equipment or the client’s property during installation or collection of the hire equipment such as advising location of underground services where pegs are used to secure equipment. No responsibility will be taken for damage to underground services where they are not clearly identified by the hirer.
  2. The hirer shall be responsible for any loss of or damage to property or person caused by the equipment for any reason whatsoever during the period of hire and the hirer shall indemnify the owner in respect of all claims, damages and expenses in relation thereto, including any and all damage to equipment kept under the marquee for any reason.

PERIOD OF HIRE

The period of hire shall commence from the commencement date and the time as shown on the hire contract, or the time the equipment is delivered to the hirer whichever is the later and will cease when it is returned to the owner, or if the hirer notifies the owner in writing that the equipment is available for return at a particular place, when it is picked up by the owner from such a place provided that the owner shall cause the equipment to be so picked up within five (5) days after receipt of such notification.

HIRING CHARGES

Notwithstanding anything herein contained, hiring charges at the rates specified on the hire contract shall commence from the commencement of the period of hire and shall continue until the completion of the period of hire defined herein or until the expiration of the minimum period of hire specified on the hire contract, whichever is the later

UNPAID/OVERDUE INVOICES

The hirer shall pay for the hire as per their agreed payment terms. Any invoice unpaid by the due date will incur overdue fees at the rate of 5% per month (or part thereof) of the outstanding amount due for payment. After two months if the invoice remains unpaid the debt will be referred to our debt collection agency, and all fees and charges will be added to the debt for collection.

BREAKDOWN

In the event of a breakdown or failure of the equipment, the hirer shall return the equipment to the owner’s premises forthwith and on no account repair or attempt to repair the equipment without the prior consent of the owner. In the event that such breakdown or failure is caused by reasonable wear and tear and not by the hirer’s negligence or misuse or any other reason whatsoever then the period of hire shall be determined upon such return of the equipment to the owner. In no event shall the owner be responsible for any expenditure, damages and/or loss incurred by the hirer arising out of any breakdown or failure of the equipment whether caused by fair wear and tear, negligence on the part of the owner or any other reason whatsoever.

TERMINATION BY THE OWNER

The owner may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default forthwith terminate this Agreement and re-possess the equipment in any of the following events:

  • If the hirer shall fail to pay any hiring charges within (7) days of the due dates.
  • If the hirer shall do or permit any act or thing whereby the owner’s rights in the equipment may be prejudiced.
  • If the hirer shall become or be made insolvent or bankrupt or make any arrangement or composition with his creditors on in the case of a hirer being a limited company, should an order be made or a resolution passed for the winding up of such company.
  • If the hirer commits any breach of this agreement. For the purposes of re-possessing the equipment the owner may enter into or upon any premises where the equipment may be without prejudice to the rights of the owner to recover from the hirer any moneys due hereunder or any damages for breach hereof and the hirer indemnifies the owner in respect of any claims, damages or expenses arising out of any action taken under this clause.

This Agreement may not be transferred or assigned to any other party without the consent of the owner.

The equipment is your responsibility after delivery. Please check it regularly.