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TERMS AND CONDITIONS
OF HIRE
WORDS
1.
In these conditions :
(a)
The “Owner” is Jaeger Brothers Holdings Pty Ltd, T/A Jaegers
Event Hire.
(b)
The “Hirer” refers to the person, firm or corporation hiring
equipment from the Owner.
(c)
The “Equipment” means all the equipment and accessories
supplied to the Hirer.
THE
COMPANY OBLIGATIONS
The company will;
1.
Allow the Hirer to take and use the equipment until the agreed
hire period has terminated.
2.
Provide the equipment to the
Hirer clean and in good working order.
3.
Re-supply or repair the equipment if it fails to operate
properly.
PAYMENTS
BY THE HIRER TO THE COMPANY
1.
On
or before commencement the Hirer will pay the hire fees and the damage
waiver fee.2.
Immediately
upon request by the Owner the customer will pay ;
a)
The
new list price of any equipment which is for whatever reason not
returned to the Owner.
b)
The
cost of repairing any damage to the equipment caused by vandalism, or
(in the companies reasonable opinion) in any way what so ever other than
by ordinary use of the equipment by the Hirer.
c)
Any
expenses or legal costs (including commission payable to a commercial
agent) incurred as a result of the failure of the Hirer to pay any
charges when due.
3.
The
Hirer authorizes the Owner to complete and documentation for the purpose
of the Hirer making payment through a credit card system or other credit
accommodation extended to the Hirer and accepted by the Owner. The Hirer
agrees to pay the Owner interest at the rate of two percent (2%) per
calendar month or part there part of on any amount due to the Owner but
unpaid under this Agreement. The Hirer shall be responsible for the
payment of any tax or duty levied on the hire and/or delivery of goods
including Government Stamp Duty and GST.
OBLIGATIONS OF THE HIRER
1.
The Hirer will satisfy itself at commencement that the equipment
is suitable for its purposes, when agreed with the owner will return the
equipment clean and in good repair.
2.
The Hirer will operate the equipment safely, strictly in
accordance with the law, only for its intended use, and in accordance
with any manufactures instructions weather supplied by the company or
posted on the equipment.
3.
The Hirer will not tamper with, damage or repair the equipment.
4.
Amount quoted is for one use of the Equipment only. The Hirer
agrees that all charges for hire loss, damage and repair will be paid
and that all collection fees, legal fees or any expenses involved in the
collection of these charges will be borne by the Hirer.
5.
The Hirer is responsible for the Equipment from the time of
delivery until collection by the Owner and shall pay for all Equipment
damage or lost however caused during that period. The Owner shall
protect the Equipment from the elements during the time of delivery,
use, storage or waiting period before pick-up. The Hirer shall maintain
at its expense liability, property and casualty insurance coverage in
amount necessary to fully protect the Owner and its Equipment against
all claims, loss or damage of whatever nature or type. The Owner shall
not be liable for any loss or damage caused to any person, property,
animal or things whatsoever arising from the use of the Equipment hereby
hired and the Hirer indemnifies the Owner in respect to any claims for
such loss or damage.
6.
The Hirer will not rely upon any representation relating to the
equipment or it’s operation other than those contained in this
agreement.
7.
The Hirer cannot recover from the company compensation for any
damages (including consequential loss) arising in respect of this hire
agreement or the hiring or use of the equipment.
8.
The person signing the documents for and on behalf of the Hirer
hereby convenants with the Owner that he or she has the authority of the
Hirer to make this agreement on the Hirer's behalf and is empowered by
the Hirer to bind the Hirer to this agreements and hereby indemnifies
the Owner against all losses and cost incurred by the Owner arising out
of the person signing this agreement failing to have such power and/or
authority.
Where the Hirer is more than one person liability shall be joint and
several.
9.
Damage Waiver is payable by the Hirer to cover all costs
associated with normal wear and tear to the Equipment hired.
This waiver does not apply to any other damage to Equipment including;
(a)
damage resulting from overloading, exceeding rated capacity,
misuse, abuse or improper servicing of equipment;
(b)
damage due to mysterious disappearance of the equipment;
(c)
damage caused by the use or operation of Equipment in
contravention of any of the conditions of the agreement;
(d)
damage to, or loss of, the Equipment from any unknown cause.
10.
The Hirer acknowledges that he/she has received adequate
instruction on the correct use of the Equipment, which includes
demonstration or verbal or written instructions.
11.
The Hirer shall not remove the Hire Equipment or any part thereof
from the situation and position of its installation without consent from
the Owner.
12.
The Hirer grants the Owner access at all times to inspect or
repair the Equipment and in the case of default to remove the Equipment.
13.
The Owner's count and/or decision as to condition of the
Equipment prior to dispatch and on return shall be final.
The Owner's identification, including trademarks, service marks, and
trade names, may appear on the hired Equipment
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