CONDITIONS OF HIRE OF EQUIPMENT
USE OF EQUIPMENT
(a) (LAWFULLY) The hirer at all times shall, use the equipment in accordance with all the laws and Government Regulations pertaining to the use of the equipment and in a proper manner and shall maintain, clean and service the equipment in good and substantial repair and condition (Fair wear and tear only excepted) and shall return the equipment in a clean state and in good order and repair.
(b) (SUITABILITY) The hirer acknowledges and agrees that he/she relied on his/her own judgement, in relation to the fitness of the equipment to perform any particular job or function prior to signing this agreement and further acknowledges that he /she has not communicated fully to the owner, its servants, or agents every particular or possible use to which he/she intends to put the equipment.
(c) The owner does not warrant the suitability or fitness of the equipment to perform any particular function or job.
DAMAGE TO OR LOSS OF EQUIPMENT
(a) (RESPONSIBILITY) The hirer shall be responsible for any damage or loss of the equipment irrespective of how the damage or loss has occurred. Fair wear and tear to be the only expectation.
(b) The hirer shall indemnify and keep indemnified and save harmless the owner and the owner’s servants and agents from and against all claims, demands, damages and actions what so ever caused by, arising directly or indirectly, in connection with the use, operation or maintenance of the equipment hired, irrespective of any negligence of the owner its servants or agents.
PERIOD OF HIRE
(a) The period of hire shall commence from the “Pre booked from” date and item as shown on the Hire Booking form and will cease from the “Pre booked to” date on the Hire Booking form or if not returned by the “Pre booked to” date then upon the equipment being returned to the owner, unless the equipment is lost or damaged beyond repair and in that event the period of hire shall cease only when the hirer pays the owner for the value of such lost or damaged equipment being made good.
(b) The hirer shall be responsible for all freight and other charges in addition to any hire charges for the full period of hire as defined herein.
REPOSSESSION
The owner may at any time repossess the equipment without notice and without giving any reason to the hirer. If such repossession takes place, the owner shall only charge for hire up to the time of such repossession and without prejudice to any of the owner’s other rights herein and all the rights of the owner to repossess shall apply notwithstanding anything contained herein.
BREAKDOWN OR FAILURE OF EQUIPMENT
If there is a breakdown or failure of equipment then the hirer shall forthwith return the equipment to the owner’s premises at the hirer’s expense and the hirer shall not attempt to repair the equipment. If such breakdown or failure is caused by the hirer’s negligence, accident or misuse of the equipment then the period of hire shall end when the goods have been repaired or replaced and the hirer has paid for such repair and/or replacement. The owner is not to be responsible for any expenditure damage and/or loss incurred by the hirer arising out of any repossession, breakdown or failure of the equipment however caused including by fair wear and tear, negligence on the part of the owner or any other reason whatsoever.
REFUNDABLE DEPOSITS
(a) Refundable deposits may be utilised at the sole discretion of the owner to pay or part pay for and fund any damage or loss caused in any way whatsoever while the equipment is in the charge and care of the hirer or related to the hire of the equipment and without prejudice to any other rights of the owner.
(b) No refundable deposit amounts will be paid by the owner to the hirer until such time as the owner is satisfied at his sole discretion that the equipment is returned to the owner without damage or loss caused to the equipment nor to the owner and the owners servants and agents. This is usually within 48 hours for UHF, up to 72 hours for HF equipment and up to 4 weeks for Satellite Phone (as we must wait for the phone bills to cover the hire period).
SUPPLY OF EQUIPMENT
(a) The owner has the right to substitute any equipment at any time for any other equipment of a similar nature or able to perform a similar function. The hirer indemnifies the owner against all claims relating to the failure to supply or substitution of any equipment by the owner.
(b) At any time and for any reason whatsoever the owner retains the rights to terminate or cancel the hire or proposed hire of equipment without giving reason or notice to the hirer.
I acknowledge that I read and understand the conditions of hire, and that the equipment was received in good order and condition and I agree to return said equipment on or before the date specified on the Hire Booking form.