1. In these conditions:
(a) ‘The Owner’ is Action Air Conditioning Hire Pty Ltd
(b) ‘The Hirer’ refers to the agent, person, firm or corporation hiring plant from the owner.
(c) ‘Plant’ means all plant or equipment, accessories, parts and consumables supplied to the Hirer.
2. Use of plant and or equipment, the hirer agrees that the equipment is to be used:
For the purpose and within the capacity for which is was designed by the manufacturer;
For legal purposes or in a legal manner and the hirer will comply at its own expense requirements of all relevant government authorities in relation to thisequipment.
By the hirer or agent who is suitably competent, certified or licensed to operate and or install the plant
At the address given to the owner or agent at the time of hire, and is only to be removed from this address for the purpose of returning it to the Owner.
3. The hirer agrees to:
Notify Action Air Conditioning Hire Pty Ltd immediately if the equipment breaks down, malfunctions or is damaged:
Not undertake any repair or alterations to the equipment without the consent of Action Air Conditioning Hire Pty Ltd
Not sell, transfer, assign, encumber or loan the equipment without the written permission of Action Air Conditioning Hire Pty Ltd.
Accept full responsibility for, and indemnify the owner against all claims in respect of any injury to persons, or damage to property, arising out of the use of the plant during the hire period however rising, whether from negligence of the Hirer or Owner or otherwise and without limiting the forgoing whether or not the plant was being operated by a servant of the owner or any other person for those whose acts the owner might be or is responsible in connection with the operation of the plant.
Pay the owner or owner’s agent all hire and related charges and or any other costs associated with the hire.
Accept responsibility and fully reimburse the owner for the cost of freight to retrieve equipment abandoned for any reason.
4. Inspection of equipment
The hirer has inspected the plant prior to taking possession and:
Is satisfied that the plant is in safe working order, clean and in good repair.
Has received instructions on the safe and proper use of the Plant
Is aware of the proper safe use of the plant for which it is designed and is suitable for the purpose required.
5. Period of Hire:
The hire period will commence on the day that the equipment is collected by or delivered to the customer or their agent and terminating on the later of,
(a) the day upon which the plant is returned to the owner or
(b) at the time the hirer notifies the owner that the equipment is ready for collection by the owner.
(c) Notification of availability for pick up by the owner does not relieve the hirer for the liability for the security of the equipment until it is collected by the owner.
6. Equipment Failure:
In the event of equipment failure the hirer agrees to discontinue use and to notify as soon as is practicable the owner of the failure of the equipment, The hirer will not attempt any repairs without the written consent of the owner and will immediately return the equipment to the owners premises if required to do so by the owner. If the failure is caused by fair wear and tear and for no other reason including the hirers neglect or misuse, the owner agrees, in its discretion, to:
(a) Repair the equipment within a reasonable period of time
(b) Make available equipment of similar capabilities
(c) Adjust the hire charges
The owner shall in no circumstances be liable for loss sustained by the hire.
The hirer will notify the owner immediately of any accident involving the owner’s equipment.
Accounts are due and payable at the end of the hire period. Hire, delivery, installation and collection charges or other charges where applicable are payable on strictly net cash terms unless otherwise specified. Where credit is extended terms are strictly 30 days from the end of the month of invoicing.
The hirer will pay all accounts as they become due plus all related taxes and reimburse Action Air Conditioning Hire Pty Ltd for any and all collection costs plus interest for any overdue amounts. Interest will be calculated at a rate of 6% P.A.
The hirer will be liable for the current full cost of replacement of equipment lost, stolen or damaged beyond repair while in its possession. The hirer agrees to notify the owner immediately of any loss, theft or damage to the equipment. Customers are liable for all damages to the equipment whilst on hire or in the customer’s possession.