INSPECTION AND WARRANTY
- The Hirer acknowledges that he has inspected the goods and
- (a) is satisfied that the goods are in clean condition and in good and substantial order repair and condition
- (b) is aware of the proper use for which the goods are designed
- Notwithstanding anything herein contained the hirer hereby acknowledges that no warranty or condition expressed or implied is given by the owner as to the condition of the goods or as to the suitability or fitness of the goods for any purpose.
CHARGES AND TERMS
- The Hirer will pay hire charges at the rate and in the manner specified from the commencement date of the hire until the goods are returned by the hirer to the premises of the owner.
- In the event of the hirer requesting the owner to transport the goods to or from the owner’s premises the hirer shall pay the owner all charges and expenses incurred by the owner in delivering or collecting the goods in addition to the hire charges.
- Hire charges delivery and collection charges or other charges where applicable are payable on strictly net cash 30 days basis unless otherwise specified.
- The hiring is personal to the hirer and the rights of the hirer are not assignable to any person, persons or company whatsoever.
- Unless otherwise stated the words The Hirer includes the servants, agents or contractors of the hirer.
MAINTENANCE AND BREAKDOWN
- The Hirer will use the goods in a skilful and proper manner and for the purposes for which such goods were designed and that he will comply at his own expense with all notices directions and legal requirements of all government authorities, acts of Parliament and regulations in any way relating to the goods.
- The Hirer will
- (a) Keep and maintain the goods in a clean condition and good and substantial working order and repair.
- (b) Service the goods at his own expense in a skilful and proper manner and supply all oil and grease necessary for service and maintenance.
- (c) Give the owner access to the goods for inspection at any reasonable time and without the owner giving prior notice in that regard.
- In the event of a breakdown or failure of the goods the hirer will not have any repairs effected thereto by any person other than an employee of the owner or such person as the owner may nominate.
- In the event of a breakdown or failure which in the opinion of the owner is caused by fair wear and tear the owner will:-
- (a) A his own expense restore the goods to working order as quickly as reasonably possible.
- (b) Will not hold the hirer liable to the hiring charges while the goods are in serviceable providing the hirer notifies the owner within 24 hours of a failure occurring.
LOSS, DAMAGE AND CLEANING
- If upon return of the goods to the owner they are found not to be in clean condition and/or not in good and substantial order and repair (fair wear and tear excepted), the hirer shall pay to the owner the cost and expenses of restoring the goods to clean condition and/or good and substantial order and repair.
- The hirer accepts full responsibility to compensate the owner for the value of goods or parts thereof which may be lost or stolen from the time of commencement of the hire or delivery, whichever is earlier, until the goods are returned to the owner’s premises or collected by him. This right shall not be prejudiced by or prejudice any other right under this agreement.
REMOVAL AND RETURNS
- The hirer shall not remove the goods from the address stated without the written consent of the owner except for the purpose of returning the goods to the owner’s premises.
- Notwithstanding anything herein contained it is expressly understood by the hirer that the onus rests with him to ensure that the goods are returned to the owner’s premises.
- The hirer hereby indemnifies and holds indemnified the owner from and against all claims, action suits, demands, costs and expenses, including all legal costs and expenses, in any way arising out of the use of the goods between the commencement of the hire and the return of the goods to the owner, whether caused by negligence of the hirer, his servants or agents or by the negligence of any other person whatsoever or arising out of the condition of the goods or of the use to which they are put or otherwise whatsoever.
TERMINATION AND BREACH OF AGREEMENT
- This agreement may be determined by the owner giving the hirer two days notice.
- If the hirer makes default in the observance or performance of any of the above terms and conditions the owner may without notice to the hirer determine the hiring and take possession of the goods. For that purpose the hirer hereby authorises the owner, its servants and agents to enter upon any premises in the occupation of the hirer to search such premises and to remove the goods therefrom.
- Notwithstanding anything herein contained the owner shall not be liable to the hirer or any other person for any loss or damage to any person or property occasioned by the use and operation of the goods whether such loss. or damage is occasioned by a defect in or wear of the goods or otherwise.
- Equipment not returned by the nominated due date overleaf will be treated as stolen property and legal proceedings will be undertaken to recover the stolen property.