This Equipment Hire Agreement (“Agreement”) is made on the below date (as outlined in the below form) between Big Flix Illawarra (“Owner”) and you (“Hirer” – as outlined in the below form).
Background
A. The Owner is the proprietor of the equipment listed in the package outline advertisied (“Equipment”).
B. The Hirer will hire the Equipment specified in the package you’re hiring from the Owner upon the terms and conditions in this Agreement.
Operative Provisions
Hire of Equipment
1. The hiring of the Equipment will commence from the commencement date specified in the form below and continue for the term of one night unless specified otherwise.
2. The Hirer is entitled to use the Equipment for the hire period as outlined in the form below (“Hire Period”) and for any agreed extension of the period.
3.For our Full-service package, the Hirer agrees to return the Equipment at the agreed time when the Owner arrives at the agreed location to pick it up.
5. The Owner will not refund any hire fee monies if the Hirer elects to return the Equipment prior to the end of the Hire Period, regardless of the reason.
Payment for Hire
1. The Hirer agrees to pay the Owner the hire fee specified in the below form (“Hire Fee”) for the Equipment for the Hire Period, which includes any applicable GST.
2. The Hire Fee must be paid to the Owner before the Hire Period.
3. There will be a $50 refundable booking fee, if the Hirer wishes to cancel they must give 5 or more days notice to receive the $50 back.
Use, operation, and maintenance
1. The Hirer agrees that the use of the Equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.
2. The Equipment must not be used by anyone other than the Hirer. The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations, respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
3. The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
4. The Hirer agrees to comply with all occupational health and safety laws relating to the use of the Equipment and related operations.
Hirer’s warranties
The Hirer warrants that:
1. The Equipment will be used in accordance with the conditions outlined on our website and in this agreement;
2. The particulars in the form below are correct in every respect and are not misleading in any way including, without limitation, by omission;
3. The Equipment will not be used for any illegal purpose;
4. The Hirer’s vehicle is suitable for transporting the Equipment;
5. The Hirer will not, without prior written consent of the Owner, modify, or permit any modification of, the Equipment in any way;
6. The Hirer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose; and
7. The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
Indemnity
The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees and costs, arising out of or related to the Hirer’s use of the Equipment.
Loss, damage, or breakdown of Equipment
1. The Hirer will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred (normal wear and tear excepted) during the Hire Period.
2. If there is a breakdown or failure of the Equipment, then the Hirer must return the Equipment to the Owner at the Hirer’s expense and the Hirer must not attempt to repair the Equipment.
3. The Hirer is liable for any damage to the equipment at full Retail price.
Liability
The Hirer will assume all risks and liabilities for and in respect of the Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer’s possession, use, maintenance, repair, or storage of the Equipment.
Disclaimer
To the extent permitted by law, the Owner disclaims all liability for and does not give any warranties to the Hirer as to the condition of the Equipment.
Title
1. The Hirer acknowledges that the Owner retains title to the Equipment and that the Hirer has rights to use the Equipment as a mere bailee only. The Hirer does not have any right to pledge the Owner’s credit in connection with the Equipment and agrees not to do so.
2. The Hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the Equipment and not to conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.
Repossession
1. The Owner may retake possession of the Equipment if the Hirer breaches any provision of this Agreement, notwithstanding anything else contained in this Agreement.
2. If repossession occurs, the Owner will only charge the Hire Fee up to and including the time of repossession.
Completion of the Hire Period
The Hire Period is completed when the Equipment has been returned to the Owner:
1. in the same condition as when it was hired; and
2. on or by the date and time outlined in the form below.
Governing law
This Agreement will be construed in accordance with and governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales there in connection with matters concerning this Agreement.
Interpretation
In this Agreement, unless the context otherwise requires:
1. A reference to the singular includes the plural and vice versa;
2. A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
3. A reference to an individual will include corporations and vice versa; and
4. If a word or expression is defined, its other grammatical forms have a corresponding meaning.
5. Headings are for convenience only and do not affect interpretation.
You are not buying the Equipment. Do not sign this Agreement before you read it.