Your Hire Agreement consists of the front page of this form and these Terms and Conditions.
You accept the hire of the Equipment on these Terms and Conditions by signing and dating the front page of this invoice in the space provided.
The following defined terms and their meanings appear in your Hire Agreement.
Agreement: Means your Hire Agreement with us, which is made up of the front page of this form and these Terms and Conditions.
Commencement Date: means the date you signed the Invoice.
We or us: means the Business named on the front page. Our has a corresponding meaning.
You: Means each person named as the Hirer on the front page and, if there
is more than one, 'You' means each of the persons named seperately and jointly. 'Your' has a corresponding meaning, and
Equipment means the equipment described on the front page.
You will hire the Equipment from the Commencement Date.
You will pay to us in advance the Hire Fee set out on the front page in the manner set out on the front page until the date when you return the Equipment to us or we collect it from your address if delivery fees were paid.
We may ask you to pay us a Deposit set out on the front page, which we will hold during the hiring.
If you are in default, we may use the Deposit toward any balance owing to us or to compensate us for any loss.
Delivery of the Equipment
The Equipment always remains our property.
You must pay the Delivery Charge set out on the front page if the Equipment is delivered to you.
You will control, possess and be liable for any risk of loss to the Equipment on the earlier of, you collecting, we delivering or we delivering to a carrier
to deliver to you, the Equipment.
We will not be liable for any delay in delivery of the Equipment or failure to deliver the Equipment to you.
Termination of the Agreement and Return of the Equipment
You may return the equipment to us at a mutually agreed time.
We can demand the return of the Equipment hired by you at any time or if you are in default under the Agreement.
You agree that you will:
* Take proper care of the Equipment;
* Repair and keep and return the Equipment in good order and condition;
* Not encumber, sell, or otherwise deal with the Equipment and will not
remove the Equipment from Queensland;
* Use the Equipment in accordance with the instructions and as we
recommend to you;
* Not mark, alter, number, cover up the Equipment unless we consent in
* Not install or attach the Equipment to your premises; and
* Not use the Equipment for any unlawful purpose or which will cause harm.
You acknowledge and agree that apart from any rights and remedies under the Competition and Consumer Act 2010 (formerly Trade Practices Act 1974) and any other law that cannot be lawfully excluded;
All conditions and warranties, provided by statute or otherwise, are excluded concerning the Equipment and any services provided by us;
We will not be liable for any loss or damage that you may suffer in relation to the Equipment hired under the Agreement or for our services; and
You will indemnify us and keep us indemnified against any loss, death or injury to any person caused by your use, operation and possession of the Equipment.
You are in default under this Agreement if:
* You breach any term of this Agreement;
* You do not make a payment in full, when required by the date it is due;
* You become insolvent or bankrupt;
* You seek to make an arrangement or composition with your creditors under a law relating to insolvency or bankruptcy;
* We are of the view that you are in financial difficulty; or
* You endanger the safety and condition of the Equipment.
If you are in default:
* You become liable to pay us the balance owing under this Agreement immediately; and
* You must return the Equipment to us immediately.
We may assign any of our rights under this Agreement. We do not need your consent to do so.
A waiver of any of our rights under this Agreement does not occur unless we notify you in writing.
If any part of this Agreement is invalid, unforeseeable or is in breach of any law, it is to be excluded from this Agreement. The remainder of this Agreement continues in full force and effect.
You agree that you will promptly notify us of any change of address for the mailing of any notices which we may need to send to you.
You acknowledge and agree that:
* You have inspected the Equipment and you are satisfied that the Equipment is suitable and in a condition or of a quality fit for your use and purpose;
* You have been provided instructions for the proper use and care of the Equipment;
* This Agreement will be governed by the laws of the State of Queensland;
* This Agreement does not give you the right or option to buy the Equipment; and
* This Agreement is the entire Agreement between you and us concerning the Equipment.