1. DEFINITIONS
The complete contract is the document/s that set out the complete terms and conditions and all other details that are relevant to this particular agreement and will hereafter be referred to as the “Contract”
The hired items are those referred to in this contract and are hereafter referred to as the “Equipment”.
The “Hiree” is the person, firm, company, agent, corporation or public authority taking the suppliers equipment on hire. The “Supplier” is Little Penguins Baby Hire. The parties to the contract are the hiree and the supplier named in the contract.
This contract shall be governed by and interpreted by the relevant laws in Australia.
2. CALCULATION OF COSTS
The Hiree agrees to pay the charges stated in the contract. These charges will commence from the time stated in the contract and will cease when the equipment is returned to the supplier in a clean and serviceable condition at the time agreed to in the written contract. All time will be chargeable, without exception. If payment is not made on the due date, the supplier will be entitled to charge interested calculated daily at 5% on the overdue amount. All monies outstanding become due and payable on demand. This shall be without prejudice.
3. MAXIMUM PERIOD OF AGREEMENT
The contract between the hiree and the supplier comes into effect when the goods have been handed over to the hiree or his agent and have been physically examined. The signed contract shall take effect immediately upon the abovementioned process. Equipment that is not available for collection at the end of the contract will be subject to a charge of $6 per day per item. Equipment not returned will be subject to a charge equal to the amount of financial loss incurred as a result of this by the supplier.
Where for convenience the hiree or his agent is requested by the supplier to sign a contract before the goods are handed over, the hiree or his agent agrees to examine the goods at the time of physical hand-over and the effect of such signature will not become operative until immediately after the physical hand-over.
4. EXTENT OF CONTRACT
The contract will come into effect between the hiree and the supplier when the hiree has placed an order stating their requirements and they have agreed to be bound by the terms and conditions of the contract and the supplier has accepted the order.
5. RESPOSIBILITIES OF HIREE AND PERSON SIGNING
The person signing the contract warrants that he has the authority of the hiree to make this contract on the hiree’s behalf. If this is not the case then the person signing the contract agrees to indemnify the supplier against all losses and costs that may be incurred because of this.
The said person acknowledges that he has been instructed in the safe and proper operation of the equipment. The Hiree and the said person agree jointly and severally that they will not permit any other person to use the equipment who has not been instructed in its proper use. The Hiree and said person also agree not to let the Equipment be used in any way that is not the proper use of the Equipment.
6. RESPONSIBILITY OF HIREE OR AGENT
The Hirees responsibility for the Equipment commences on delivery of the equipment and ends when the Hiree is in possession of the Supplier’s unqualified receipt for all the Equipment. The Hiree will not sell or otherwise part with control of the equipment.
The Hiree shall at all times indemnify the Supplier against and from any and every expense, liability, financial loss, claim or proceedings howsoever occurring in respect of any person injury however it occurs and in respect of any damage to or loss of any property whatsoever arising out of or in connection with or upon the hire, delivery, use, misuse, non-use, repossession, return or non-return of the Equipment or any part thereof.
7. MAINTENANCE OF EQUIPMENT
The Hiree agrees to, at all times, keep himself acquainted with the state and condition of the Equipment and ensure that it remains in safe, serviceable and clean. The Supplier is to be immediately notified by Hiree of any breakdown or unsatisfactory working of Equipment. Such Equipment is to be collected by Supplier for examination. The Hiree agrees to be responsible for all costs arising in relation to the collection of the goods.
8. CONSEQUENTIAL LOSES
The Supplier shall not be liable for any consequential loss to the Hiree arising out of or in connection to the late delivery, non-delivery, unsuitability or lawful repossession of the Equipment or any part thereof or any breakdown or stoppage of same.
9. INDEMNITY FOR LOST, STOLEN OR DAMAMGED EQUIPMENT
The Hiree agrees to insure the Equipment or alternatively indemnify the Supplier the value of the equipment as a result of loss, theft or damage beyond economic repair on a “new for old” basis. Any money received by the hiree from an insurance claim arising as a result of damage, loss or theft to the Equipment will be paid to the Supplier on demand.
10. NON-RETURNED, DAMAGED OR UNCLEAN EQUIPMENT
The Hiree accepts full responsibility for the care and maintenance of any Equipment and the return in good order of the Equipment. The bond will be refunded to the hiree when the Equipment is returned in as good condition as when it was hired (reasonable wear and tear excepted).
In the case of Equipment which is lost or stolen or damaged beyond economic repair the Hiree shall in all cases meet the Hiree’s obligations under Condition 9. Additionally, in any case where the loss, theft of damage aforesaid results in any breach of contract or negligence on the part of the Hiree, the Hiree accepts liability to pay for all financial loss to the Supplier until the indemnity referred to in Condition 9 is paid. The Hirees liability under this Condition shall be without prejudice to any other rights of the Supplier.
If at any time the Hiree is in breach of the terms and conditions of the contract the Supplier shall be entitled to terminate the contract, effective immediately and repossess the equipment.
11. RIGHTS RESERVED
Any failure by the Supplier to enforce any or all of these conditions does not waiver their rights to do so or affect any of their rights under this contract.
12. TERMS OF CONTRACT
These conditions will take precedence over any other conditions excluded or put forward by the Supplier. Should any item in this contract be held to be invalid, only that portion deemed to be invalid will cease to be operational and will not affect the validity of the remaining terms of the contract. These conditions have effect in substitution for, and to the exclusion of, any conditions put forward by the Hiree.
13. GOODS AND SERVICES TAX
In addition to the other considerations payable by the Hiree to the Supplier under this agreement, the Hiree must, upon receipt of a tax invoice from the Supplier, pay to the Supplier an amount equal to the GST as payable by the Supplier on the taxable supply specified in the tax invoice on the same basis as the other consideration is payable by the Hiree under this agreement.
