- In these conditions:
i)”Owner” means Linen Hire From Di Simmons Pty Ltd ABN 53 228 052 582, its employees and agents.
ii)”The “Hirer” means any person, firm or corporation who requests the Owner to hire equipment to it, including its employees and agents.
iii) The ‘Equipment” means all the items, equipment and accessories hired out by the Owner to the Hirer.
FEES AND CHARGES
- 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.
- Prices quoted are for delivery on street level. Extra charges shall be payable for delivery to and removal from higher or lower levels, and/or any other occurrences that cause a delay in this process.
- The Hirer authorizes the Owner to complete 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 five percent (5%) per calendar month or part there of on any amount due to the Owner but paid 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 GST.
TERMS OF PAYMENT
- The Hirer agrees to pay the Owner’s hire charge and any 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. The Hirer agrees to provide the Owner with the Hirer’s credit card 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 hereby authorizes the Owner to debit the Hirer’s credit card with the amount shown on the relevant invoice it the Hirer has not paid that amount within seven days of the date 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) and to pay all costs and expenses incurred by the Owner, its legal advisers, mercantile agents and others in respect of anything instituted or being considered against the Hirer, whether for debt, possession of any Equipment or otherwise.
- 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.
- The Hirer is responsible for the Equipment from the time of delivery, or collection from the Owner, until collection by the Owner, or returns to Owner, and shall pay for all Equipment damage or loss 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.
- The Owner’s count and/or decision as to condition of the Equipment prior to dispatch and on return shall be final.
- 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. 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.
- The owner’s identification, including trademarks, service marks, and trade names, may appear on the hired Equipment.
LOSS OR DAMAGE TO EQUIPMENT
- In the event of a breakdown or failure of the Equipment, the Hirer shall return the Equipment to the Owners premises forthwith, and under no circumstances continue to use equipment once considered inappropriate by the hirer, and on no account attempt to repair the Equipment without the prior consent of the Owner.
- The person accepting the contract for and on behalf of the Hirer herebycovenantswith 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 agreement and hereby indemnifies the Owner against all losses and costs 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.
The hire charge payable by the Hirer covers all costs associated with normal wear and tear to the Equipment hired.
- The hire charge does not apply to any other damage to Equipment including;
i) Damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment
ii) Damage due to mysterious disappearance of the Equipment
iii) Damage caused by the use or operation of Equipment in contravention of any of the
condition of the Agreement.
iv) Damage to, or loss of, the Equipment from any unknown cause.
The Hirer acknowledges that he has received adequate instruction on the correct use of the Equipment, which includes demonstration or verbal or written instructions.
- 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 the full replacement cost plus any potential loss of revenue incurred by the Owner 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 whatsoever.
- These terms and conditions void any other terms and conditions in place from any other relevant parties.
- Acceptance of these Terms and Conditions is considered as done by either signing below, acceptance of quote or Rental Agreement in any manner including email or receiving of Equipment.