MobilityRentals & Sales (“the Company”) agrees to supply/hire equipment to the person(s) / organisation (“the Hirer”) named in the accompanying Delivery Schedule on the Terms and Conditions set forth in this Agreement.
1. Prior to the execution of this agreement the Hirer covenants and agrees that he/she has thoroughly examined the goods and has satisfied himself/herself as to condition and suitability for his/her purpose.
2. The equipment the Company agrees to supply to the Hirer and the charges pertaining together with the specified period of the hire, is set out in the accompanying Schedule.
3. Title to the equipment shall always remain with the Company and the Hirer understands that the Agreement relates only to the use of the equipment not the purchase.
4. The Company, its employees, servants and agents and contractors shall not be responsible for or incur any liability whatsoever in respect of any loss (including loss of profits), damage, injury (whether to persons or property) or death or breach of statutory duty caused by or arising out of or in consequence of the hire of the goods by the Hirer, or as result of any act, omission or default whether negligent or reckless of the Company, its employees, servants, agents or contractors.
5. That except for such conditions and warranties as are required by law no condition, warranty or representation is given by the Company whether in relation to the conditions, quality, safety or suitability of the goods and any express or implied condition is hereby excluded to the maximum extent permitted by law.
6. The Hirer hereby agrees to indemnify and save harmless the Company from all claims, demands, rights, causes of action, loss or costs incurred by the Company, caused by, arising out of or in consequence of the hire of the goods by the Hirer.
7. The Hirer covenants and agrees with the Company as to the following:
a) To pay to the Company the specified hiring fee without deductions notwithstanding any defect or breakdown of the goods. A Security Deposit (Bond) will be payable for bookings paid by cheque, cash, or direct bank deposit. No Bond is required where payment is made by credit card. Refund of Bond is typically made within 3 days of return of equipment in clean condition, free of faecal matter or heavy soiling, undamaged and in good workable condition.
b) To maintain the goods in good order and repair and at the expiration of the period of hire to deliver the goods in like condition to the Company. Only transport items without exposure to the elements or potential for damage.
c) Should a hire equipment item require adjustment or repair, the hirer shall not use the equipment where damage may occur and must return the item to the companies’ depot for repair or replacement.
d) To indemnify the Company against any damage to or the destruction or the loss of the goods and accessories however caused.
e) Where equipment is deemed by the Company (within 7 working days of receipt of the equipment) not received in good order and repair or in unclean condition and requiring to be cleaned or repaired/replaced all costs attendant to cleaning, repair or replacement will be deducted from any Bond held by the Company or shall be charged to the Hirer’s nominated credit card. The hirer shall be liable to pay for all costs in excess of any amount recovered by Bond or credit card charge.
f) To keep the goods under the Hirer’s personal control and not to purport to sell, dispose of or encumber the same.
g) In the event the booking is cancelled less than 7 days before commencement of the hire period, to pay a cancellation fee as determined by the Company.
h) To advise the company a hire termination date. In the event that the Hirer retains the goods beyond the expiration of the hire period, to pay to the Company by way of liquidated damages an amount equal to the hiring fee for each period of use or part thereof that the goods are so retained.
i) Time shall be of the essence of the Hirer’s obligations pursuant to this contract and no waiver by the Company of any breach of this agreement shall be waiver of a continuing or recurring breach.
j) That no insurance is effected by the Company for the benefit of the Hirer.
k) Any person executing this agreement on behalf of the Hirer shall be deemed to have authority to bind the Hirer and the Hirer shall be estopped by denying such authority.
8. The charges under this Agreement may vary from time to time; however the Company must give notice in writing to the Hirer at least seven (7) days before such changes take effect. In the event notice is given advising that the hire charge is to increase, the Hirer may terminate the Agreement at any time prior to the date of the increase by giving the Company notice in writing.
9. Any notice or correspondence relating to this Agreement must be made in writing and delivered by either Party by facsimile (fax) or by registered mail (post) to the address included in the attached Schedule; if delivered by post then the time runs from the date of the posting.
10. This Agreement and the attached Schedule contain all the Terms and Conditions agreed between the Hirer and the Company, and any amendments thereto must be evidenced in writing.