TERMS AND CONDITIONS
In these terms and conditions of hire: “Equipment” means the items hired out by the owner to the Hirer; “Hirer” means any person, company, corporation or government agency, or its representative who shall hire equipment or engage the services from the owner; “Owner” means L PHILIPPS trading as PERTH GARDEN GAMES; “Terms” means these Terms and Conditions.
1. OWNERSHIP | The equipment supplied for hire remains at all times the property of the owner.
2. INSPECTION | As part of the owner’s stringent quality assurance process, all equipment is checked, counted and cleaned prior to dispatch. It is the Hirer’s responsibility to check all of the ordered equipment on delivery or collection and the Hirer must notify the owner of any breakages or missing items within 2 hours of receiving the equipment for hire. The Hirer acknowledges that it is aware of the proper use for which the equipment hired is designed and it has inspected the equipment and expressly agrees that the equipment is:
(i) in clean condition;
(ii) in satisfactory working order;
(iii) is fit for the purpose; and
(iv) is of a quality and specifications as ordered.
3. TERMS OF PAYMENT | The Hirer agrees to pay the owner’s hire charge and any other charges, including charges for loss, damage and repairs or any tax, GST, duty, levy or other expenses paid or payable by the owner at the rate and in the manner specified from the commencement date and time of the hire until the equipment is returned by the Hirer to the premises of the owner, or the Hirer notifies the owner’s hire controller that the equipment is ready for collection.
If the Hirer requests the owner transport the equipment to or from the owner’s premises/other location, the Hirer shall pay the owner all charges and expenses incurred by the owner in delivery, installing and collecting the equipment in addition to the hire charges. The owner reserves the right to amend or revise its rate or prices without notice. 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. Subsequent charges for loss, damage, repairs or other expenses are to be paid within 14 days of the relevant invoice.
4. HIRER’S OBLIGATIONS | The Hirer must:
(a) accept responsibility for the equipment hired from the time of its delivery until collection or by return to the owner;
(b) be responsible for checking the order is correct on delivery
(c) assume the risk of and indemnify and hold the owner harmless from and against any and all property damage and personal injury resulting from the use of the equipment and use the equipment in a proper, safe and prudent manner and only for the purpose and capacity for which it was designed.
(e) ensure all equipment is returned or ready for collection by the owner’s driver, in a clean, dry and properly packed condition and if being collected, is readily acceptable. The Hirer must pay all cleaning and drying costs and for any damage resulting from not properly drying, cleaning or packing the equipment.
5. PROPERTY | The Hirer acknowledges that the owner may inspect the equipment at any time during the period of hire, whether notice of such inspection is given to the Hirer or not, and the Hirer shall provide all assistance and co-operation necessary to facilitate such inspection of the equipment. The Hirer shall indemnify the owner in relation to any action of trespass or any other action or claim against the owner in the course of the owner exercising its right to inspect the equipment.
6. LOSS/DAMAGE TO EQUIPMENT | If on the return of the equipment to the owner the equipment is found by the owner to be in an unclean condition or not in a substantial working order, the Hirer shall pay to the owner the cost and expenses of restoring the equipment to a clean condition and good working order. The Hirer accepts full responsibility to compensate the owner for the value of the equipment or parts thereof which may be lost or stolen from the time of commencement of the hire or delivery, whichever is earlier, until the equipment is returned to the owner’s premises or collected by the owner. This right shall not be prejudiced by or prejudice any other right under these terms. The owner’s staff is not required to be held liable for any breakages or missing items unless expressly evidenced, and agreed, between the owner and the Hirer.
7. RELEASE & IMDEMNITY | The Hirer hereby releases the owner from, and agrees to indemnify the owner in respect of any third party claims, action, suits, demands, costs and expenses for damage or injury to person, death, loss of income or damage caused to the Hirer or its property arising directly or indirectly out of the hire or use of the equipment by the Hirer or these terms.
8. INSURANCE | The Hirer must maintain at its own expense all appropriate policies of insurance:
(a) for theft and damage to the equipment hired in an amount not less than the full replacement cost of the equipment;
(b) for liability, property and casualty insurance cover in amounts necessary to fully protect the owner and its equipment against all claims, loss or damage whatsoever.
9. SET UP/REMOVAL OF EQUIPMENT | The owner is not responsible for the set-up of the equipment, unless otherwise stated, and agreed in writing between the owner and the Hirer.
10. REMOVAL | The Hirer must not remove the equipment from the delivery site, without the consent of the owner, except for the purpose of returning the goods to the owner’s premises.
11. FORCE MAJEURE | If the owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of god, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the owner may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the owner under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The owner shall not be liable for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.
ACCEPTANCE OF TERMS AND CONDITIONS | By making payment, the Hirer hereby unconditionally accepts these terms and acknowledges that its acceptance is a condition precedent to taking possession of the equipment from the owner.