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1. IN THESE CONDITIONS:
(a)The “Owner” is Décor of Distinction Pty Ltd.
(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.
2. USE OF EQUIPMENT:
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.
3. CLEANING:
Upon completion of the hire, 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 Hirer failing to adhere to this clause will result in the Owner deducting that cost from the Hirers deposit or a charge may be imposed
4. FREIGHT:
The Hirer shall be responsible for all freight and other charges incurred by the Owner in respect of the delivery and return of all the Equipment hired. The Owner will make all reasonable efforts to replace any Equipment that is damaged due to reasonable wear and tear and not by the Hirer’s negligence.
5. LOSS OF EQUIPMENT:
The Hirer shall be responsible for any lost or stolen Equipment for any reason whatsoever. It is agreed that upon the completion of the period of hire the whole or any part of the cost of replacement of the Equipment will be charged to the Hirer.
6. DAMAGE TO PROPERTY OR PERSON:
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.
7. PERIOD OF HIRE:
The period of hire shall commence from the commencement date and time as shown on the quotation provided 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 address. When the goods are picked up by the Owner from such place, we reserve the right to pick the goods up within five (5) days after receipt of such notification.
8. HIRING CHARGES:
The hiring charges shall commence from the delivery date as specified on your written quotation and shall continue until the completion of the period of hire as specified on your written quotation.
9. BREAKDOWN:
In the event of a breakdown or failure of the Equipment, the Hirer shall inform the Owner immediately, on no account should the Hirer attempt to repair the Equipment without the prior consent of the Owner. In the event that such a breakdown or failure of the Equipment is caused by wear and tear and not by Hirer's negligence or misuse or any other reason whatsoever, then the Owner will make all reasonable efforts to replace the Equipment to the specified address. In no event shall the Owner be responsible for any costs due to damages caused by the Hirer.
10. TERMINATION BY THE OWNER:
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:–
- If the Hirer shall fails to adhere to the terms of trade.
- If the Hirer shall do or permit any act or thing whereby the Owner’s rights in the Equipment may be prejudiced.
- If the Hirer shall become or be made insolvent or bankrupt.
- If the Hirer commits any breach of this Agreement
For the purposes of repossessing the Equipment, the Owner, may enter into or upon any premises where the Equipment may be held, 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.
11. DAMAGE WAIVER:
The Hirer shall be charged damage wavier to cover accidental damage and general wear & tear to all hire items. It also covers breakages to crockery & glassware, as well as damages to all linen. All broken and damaged Equipment must be returned to the Hirer otherwise they are classified as missing items (see 5. Loss of Equipment)
Any equipment items damaged from deliberate mistreatment or misuse will result in the Hirer paying the full and or replacement value.
12. This Agreement may not be transferred or assigned to any other party without the consent of the Owner.
13. At the discretion of the Hirer, payments outside the agreed terms may incur interest penalties at the rate of two percent (2%) per calendar month or part thereof on any amount due to the Owner.
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