CONDITION OF HIRE
- In these conditions-
- “Owner” means Westport Finance & Pastoral Co Pty Ltd, its servants and agents and includes any related company of Westport Finance & Pastoral Co Pty Ltd within the meaning of the Companies (Victoria) Code.
- “Hirer” means the person named as hirer on the face of this document
- “Equipment” means the Equipment described on the face of this document
- The Hirer shall pay the owner’s hire charges from the time the equipment leaves the owner’s premises until the time of return of the equipment to the owner in a fully operational condition.
- In the event of the Equipment on hire or any part thereof being lost, stolen or destroyed the Equipment shall nevertheless remain on hire until the Hirer has served the owner a sum equal to the then current replacement value of the Equipment whereupon the Equipment so lost, damaged or destroyed shall be deemed to have been returned to the Owner.
- Where erection and/or installation of equipment is required, it shall be the hirers responsibility to obtain any necessary approvals, permits or consents of any government, local or other authority. The hirer shall be responsible for the equipment being used strictly in accordance with the applicable regulations and as required by any inspectors and authorities.
- By signing this contract/agreement the hirer agrees to be liable for damage to the equipment caused by collision, accident, or any of the following:
- Damage due to misuse, abuse or overloading of the equipment
- Mysterious disappearance or wrongful conversion of the equipment
- Loss or damage in contravention of the conditions of the agreement
- Loss or damage from use in violation of any statutory laws and regulations
- Loss of tools accessories, grease guns, hoses and similar, electric cords, welding cable, pneumatic tool steels and other similar accessories
- Damage caused to tyres and tubes by blowout, bruises, cuts or other causes inherent in the use of the equipment
- Loss or damage relating from lack of lubrication or other normal servicing of equipment
- Loss or damage in use or while being carried over water
- Loss or damage to motors or other electrical appliances or devices caused by overloading or artificial electrical current, including use of under-rated extension leads or electrical power tools and machines.
- During the continuance of the hire the Hirer will not sell, offer for sale, assign, mortgage, pledge or otherwise deal with the equipment but will keep the equipment in its own possession and will not remove it from the State of Victoria without the prior written consent of the owner and will protect the equipment against distress, execution or seizure and will indemnify the owner against all loses, costs, chargers, damages and expenses incurred by the Owner by reason of any breach of this condition.
- In the event of any equipment being damaged the Hirer shall forthwith return it to the Owner. The Hirer shall on demand pay the Owner a sum equal to the cost of repairing such equipment.
- The owner may terminate the hire at any time by notice in writing, delivered to the Hirer, specifying the date from which such termination will take effect and may recover the Equipment thereafter and the Hirer shall pay any costs occasioned thereby and the Hirer hereby authorises the Owner to enter the Hirer’s premises in order to effect such recovery. In the event that such recovery cannot be effected by the owner, the Equipment will be deemed to be lost within the meaning of clause 3 above.
- The Owner gives no warranty express or implied as to the condition or quality of the Equipment or as to the suitability or fitness of the Equipment for any purpose.
- The Hirer agrees to indemnify the Owner for any claims made against the Owner for any loss, damage or injury arising directly or indirectly out of the hire or use of the Equipment which may be caused to that person or property of any person not party hereto whether by negligence of the Owner or howsoever.
- The Owner is not liable for any delay, inconvenience, expense, injury or loss of any kind whatsoever whether caused by breakdown, non-performance, unsuitability, misdelivery, failure to deliver or unavailability of the Equipment or by the negligence of the Owner or howsoever.
- If the Hirer shall make default in the punctual payment of the chargers to be paid for the hire of the equipment or shall otherwise fail to observe these conditions, or if the Hirer shall do or permit or suffer to be done any act or thing whereby the Owner’s rights in the equipment may be prejudiced or put in jeopardy, or if the Hirer shall become bankrupt or enter into any deed or arrangement or composition with his creditors or suffer execution to be issued against him, or being a company, go into liquidation or be placed in receivership or under official managements then the Owner may at its option and without notice to the Hirer terminate the hire and shall thereupon be lawful for the Owner by its servants and agents to retake possession of the equipment and for that purpose to enter into or upon any premises where the same may be and such termination of the hire shall not effect the right of the Owner to recover from the Hirer any money due to the Owner hereunder or damages for the breach thereof.
- Not withstanding anything herein contained, this Contract shall be subject to such terms, conditions and warranties as are implied by any laws relating hereto to the extent that they are incapable of being excluded by agreement.
- Service of machine and accessories – Hirer’s responsibility to check engine oil and radiator coolant daily before start up. Machines to be greased every 8 hours, grease gun supplied.
- All machines and accessories are subject to a cleaning fee if returned dirty.