Equipment hire agreement
This Agreement shall commence on the Pickup Date and remain in full force and effect until Equipment is returned to Owner. Renter shall return the Equipment on agreed day and time, unless terminated earlier consistent with the terms herein.
Renter shall authorize Owner to charge the debit card or credit card on file with Owner an amount equal to all payments and fees due under this Agreement. Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to: a) charges for optional services, if any; b) applicable taxes; c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses; d) full day rate charged for each day of late return of the Equipment; e) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term; f) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
3. Security Deposit.
In addition to the fees listed in Section 2, Renter may be asked to pay a deposit of 50% of total costs, due at the time the Agreement is signed. Owner may use the deposit to cover any amounts due under this Agreement.
If Renter fails to make any instalment payment within thirty (30) days of the due date, Renter shall pay a surcharge of 5% added to final invoice, per day for late payments.
5. Care & Location of Equipment.
Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals. Equipment shall be located with Renter for the duration of the Agreement.
6.1 Subject to clause 6.2, the Customer acknowledges that in the event of loss of or damage to the Equipment, the Customer shall pay to the Owner on demand, the first $500.00 plus GST in relation to each and every insurance claim resulting from damage to the Equipment during the Hire Period.
6.2 The acceptance of risk by the Owner pursuant to clause 6.1 expressly excludes, and the Customer remains completely liable for, loss or damage or liability of any kind directly or indirectly caused or contributed to or arising from: (a) misuse, mechanical or electrical derangement; (b) exposure to salt, exposure to water, exposure to dust or sand; (c) leaving the Equipment in an unattended vehicle, whether locked or unlocked; (d) ionising radiations or contamination by radioactivity from any irradiated nuclear fuel or from any nuclear waste from the combustion of fuel; (e) confiscation by customs or other authorities; (f) unexplained or mysterious disappearance of the Equipment; 5 (g) the Customer making the Equipment available to another person not a party to this Contract; (h) the Customer taking the Equipment on any aircraft without permission; and (i) not with standing permission from the Owner to take the Equipment on a commercial aircraft, the Equipment not accompanying the Customer as cabin baggage.
7. In the event of any loss or damage or liability of any kind excluded by clause 6.2. the Customer will remain liable for the balance of any repairs or replacement of the Equipment in these circumstances. Under these circumstances the owner reserves the right to withdraw each item
8. Restrictions on Use.
Renter shall not: a) permit the Equipment to be used by any person who is not authorized to use such Equipment; b) operate the Equipment or permit it to be operated or used in violation of law; c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment
9. Loss or Damage.
Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
10. Condition of Equipment.
Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified.
11. Return of Equipment.
Renter shall return Equipment on the date agreed, in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment to the agreed return location. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment.
This Agreement shall terminate on the date agreed. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
13. Indemnification and Liability.
Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. In no event shall owner be liable for any indirect, special or consequential loss or damages arising from renter’s use of equipment, including but not limited to loss profits and loss revenue, even if informed of the possibility of such damages.
Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action.
No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall default on this Agreement and shall be void.