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Note: Terms and Conditions of Hire.
Terms and Conditions
1. DEFINITIONS – In this contract
- Kyabram Refrigeration Pty Ltd is referred to as the “Owner”.
- The Hirer is the person or company identified as such on the front hereof and hereinafter referred to as the “Hirer”.
- The Equipment, unless stated to the contrary, includes all goods, articles, and machinery supplied by the Owner to the Hirer for a fee pursuant to this contract, such fee set out on the front page hereof, hereinafter referred to as the “Equipment”.
2. USE AND RETURN OF EQUIPMENT
- The period of hire shall commence at the time and date upon which the Equipment is received either by delivery or pick up to the Hirer and will end at the time and date upon which the Equipment is due for the return to the Owner as indicated on the front page hereof and if no return time and date is noted, the return time shall be 24 hours from the time of delivery. During the period of hire, the Hirer shall be entitled to exclusive possession of the Equipment.
- At the termination of the period of hire the Equipment shall be returned to the Owner in the same condition in which it was received by the Hirer save ordinary wear and tear.
- The Hirer shall not permit the Equipment to be used outside of the stated addressee of the Hirer, unless document on front page hereof.
- Before taking possession of the Equipment, the Hirer shall examine the Equipment to satisfy himself as to the quality and fitness for the purpose of the Hirer and if the Equipment is in any way defective or unsuitable for use by the Hirer, the Hirer must return the Equipment to the Owner immediately and the period of hire shall be determined. The Hirer must notify the Owner in writing detailing any defects or unsuitability of the Equipment. The Hirer acknowledges that that he in no way relies upon the skill or judgement of or any representation made by or on behalf of the Owner in respect of the Equipment or its performance.
- The Owner may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default immediately terminate the period of hire and repossess the Equipment where:
i. the Hirer is in breach of any term here of.
ii. the Hirer does or permits any act or thing whereby the Owner’s rights in the Equipment may be prejudiced.
iii. the Hirer shall become or be made insolvent or bankrupt or make any arrangement with his creditors, and where the Hirer is a company, is being wound up.
iv. the Hirer shall fail to pay charges due within 2 days of the due date.
- In the event that the Equipment is not returned by the Hirer within 2 days of the expiration of the hiring period the Owner shall without prejudice to any other rights hereunder be at liberty immediately to notify the Police of the circumstances and generally to take such action or proceedings civil or criminal as it may deem necessary for the recovery of possession of the Equipment and shall not be liable to the Hirer for any loss or damage injury fine or costs incurred or sustained by the Hirer upon any cause of action whatsoever and the Hirer agrees to indemnify the Owner in respect of any costs losses or damage arising from any such actions.
- For the purpose of repossessing the Equipment the Owner may enter any time upon any premises where the Equipment may be without prejudice to the rights of the Owner, to recover from the Hirer the Equipment and the Hirer agrees to indemnify the Owner in respect of any claims damages or expenses arising out of any action taken under this clause.
- On the Owner repossessing the Equipment the period of hire shall be deemed to be determined but without prejudice to any claim or demand the Owner may have against the Hirer in respect of any matter or thing arising out of the hire of this Equipment or under this contract the Hirer shall pay to the Owner hiring charges at the same rates that appear on the front hereof for the period up to the return or repossession of the Equipment.
- The Owner may forfeit any deposit paid by the Hirer in the event of the Equipment not being returned at the determination of the period of hire and may take such action against the Hirer for value of the Equipment as at the date of commencement of hire.
3. EQUIPMENT FAILURE
- In the event of a mechanical failure of the Equipment the Hirer shall forthwith notify the Owner and shall on no account repair or attempt to repair the Equipment without the prior consent of the Owner.
- The Hirer shall make such arrangements for repair or return of the Equipment to the Owner as the Owner requires.
- In the event that such break down or failure is caused by reasonable wear and tear and not by the negligence or misuse of the Hirer shall be determined upon the Hirer completing such arrangements as provided for in the sub-clause (b) hereof. The Hirer shall not be entitled to recover from the Owner any sum for any delay, inconvenience or loss of any kind due to any accident, breakdown or defect in the Equipment or any cause whatsoever.
- The Equipment is not subject to any warranties, conditions or representation, written or oral, express or implied except those contained herein and those included or implied by statute and which may not be excluded by Contract between the Owner and the Hirer.
4. DAMAGE TO EQUIPMENT, INSURANCE AND WAIVER
Subject to clause 5 hereof the Hirer shall be responsible to the Owner during the period of hire or until the Equipment is returned to the Owner for any loss or damage to the Equipment whether such loss or damage is caused by the negligence of the Hirer its servants or agents or for any other reason whatsoever. The Equipment is entirely at the risk of the Hirer for the period of the hire. Any insurance for loss by theft of or damage to the Equipment is the sole responsibility of the Hirer. If the Hirer does not have such risks insured, then the Hirer shall pay to the Owner the replacement value of the Equipment in the event of total loss, whether by theft or damage or shall pay to the Owner the cost of any repairs which may be necessary to reinstate the Equipment to the same condition as it was in at the commencement of the period of hire. The Hirer indemnifies and will keep indemnified the Owner in respect of all actions, suits, claims, demands or expenses of the Hirer of any other person in relation to or arising out of the use or possession of the Equipment by the Hirer during the period of hire. It is agreed that on completion of the period of hire the whole or any part of the costs of replacements or repair to the Equipment shall be deducted from any deposit paid by the Hirer under this contract.
5. DAMAGE TO PROPERTY OF AND INJURY TO THIRD PARTIES
In respect of all Equipment, the Hirer shall during the period of hire until the return by the Hirer and acceptance by the Owner of the Equipment hired be responsible for any loss or damage to property of or personal injury to third parties resulting from or which is incidental to the use or possession thereof or for any other reason whatsoever and the Hirer shall indemnify and keep indemnified the Owner in respect of such actions, claims, demands or expenses of the Owner or any other person in relation to or arising out of the useof the Equipment under this contract. Provided however:-
i. the Hirer does not in his own name and at the request and cost of the Owner or its Insurer, bring, defend, enforce or settle all legal proceedings of which the Owner or its Insurer or some person appointed by the Owner or its insurer shall have sole conduct as the agent of the Hirer as the Owner or its insurer may reasonably require; and
ii. the Hirer does not complete and furnish to the Owner or its insurer such statements, information and assistance as the Owner or its insurer may require.
6. PAYMENT OF CHARGES
The Hirer shall pay to the Owner on the determination of the hiring period the following:
i. the hire cost indicated on the front hereof which must be paid upon delivery of the Equipment.
ii. subject to clause 5 the amount of any loss or damage to the Equipment.
iii. cost of freight and other charges whether incurred by the Owner or the Hirer in respect of delivery or return of the Equipment and such charges shall be in addition to the time charges shown on the front hereof.
iv. the costs incurred by the Owner in repossessing the Equipment.
7. OCCUPATIONAL HEALTH AND SAFETY
- The Hirer shall use the Equipment solely for the purpose for which the Equipment are supplied and in accordance with any limitations on the use of the Equipment arising from any legislation or the requirements of any Local Regulatory Authority.
- All safety information provided by the Owner will be conveyed by the Hirer to all persons responsible for the installation, utilisation or dismantling of the Equipment.
- The Hirer shall attach and maintain all safety signs supplied with the Equipment in prominent position of the Equipment or in any other positions as are necessary to bring the signs to the attention of any users of the Equipment.
- The Hirer shall at all times comply with any relevant legislation creating occupational health and safety requirements in connection with the use of the Equipment.
8. FOOD SPOILAGE
The Owner is not responsible for any food damage due to mechanical break down or power.
Ownership of the Equipment, the subject of the hire, at all times remains and vests in the Owner Albatross Mobile Cool Rooms. This Contract is personal to the Hirer and it cannot be transferred it to anyone else nor can the Hirer part with possession of the Equipment or any part thereof.
10. SERVICE OF NOTICES
Any notice or letter addressed to the Hirer is validly given if it sent by post addressed to the Hirer at the address given in the Schedule or the Hirer’s last known address or left for the Hirer at one (1) of these addresses.
11. AMENDMENTS TO THE CONTRACT
No one employed by the Owner or acting as its agent can alter any of these terms and conditions and the only alterations that will be acknowledged will be written on this Contract signed by a Director of the Owner.
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