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Terms and Conditions

Use of Equipment

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

Cleaning

2. 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

3. 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 hirer is determined and the equipment is returned to the owner due
to a breakdown or failure caused solely by reasonable wear and tear and not by the
hirer’s negligence or misuse or any other reason whatsoever.

Damage to Equipment

4. 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 hire period the whole or any part of the
cost of replacement of or repair to equipment may be deducted from the deposit.

Damage to Property or Person

5. 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.

Period of Hire

6. The period of hire shall commence from the commencement date and time as shown
overleaf 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 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

7. Notwithstanding anything herein contained hiring charges at the rates specified
overleaf 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 minium period of hire specified overleaf, whichever is later.

Breakdown

8. 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 hire’s
negligence or misuse or any other reason whatsoever then the period of hire shall
determine 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 hirer arising out of
breakdown or failure of the equipment whether caused by fair wear and tear,
negligence on the part of the owner of any other reason whatsoever.

Termination by the Owner

9. The owner may notwithstanding the specified period of hire and notwithstanding any
waiver of some previous default forthwith terminate this Agreement and repossess the
equipment in any of the following events.
a) if the hirer shall fail to pay any hiring charge within thirty (30) days of the due dates
b) if the hirer shall do or permit any act or thing whereby the owner’s rights in the
equipment may be prejudiced
c) if the hirer should become or be made insolvent or bankrupt or make any
arrangement or composition with his creditors or 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
d) if the hirer commits any breach of this agreement
For the purpose of repossessing the equipment, the owner may enter into or upon any
premises where 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.

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

Payment of the Account

11. In the event that the hirer does not settle the account in the agreed manner, and
the owner deems it necessary to employ either a solicitor or collection agency to assist
with the recovery of payment then the hirer understands and specifically agrees that
any monies incurred by the owner in this recovery will be payable by their hirer. These
fees include all reasonable commissions, legal fees and disbursements.


Shoalhaven Region - Nowra, North Nowra, Culburra, Currarong, Huskisson, Jervis Bay, Vincentia, Sanctuary Point, St Georges Basin, Erowal Bay, Basin View, Bomaderry, Shoalhaven Heads, Berry, Kangaroo Valley, Meroo Meadow, Jaspers Brush, Broughton Vale, Coolangatta, Far Meadow, Wattamolla
Shoalhaven South -Ulladulla, Milton, Conjola, Manyana, Wandandian, Sussex Inlet, Berrara
Kiama Region - Kiama, Gerringong, Gerroa, Jamberoo, Foxground, Rose Valley, Toolijooa, Werri Beach
Shellharbour Region - Shellharbour, Blackbutt, Dunmore, Oak Flats

 

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