HIRE AGREEMENT
TODAYS DATE:______
DATE/S OF USE:______
Luxury Portable Toilets
(Hereinafter called "the Hirer")
AND
Customer’s Details:
Name:
______
Address:
______
Telephone Number:
______
Credit Card Type: Visa Mastercard
Credit Card Number: ______Expiry Date: _ _ / _ _
Name on Card: ______
GOODS RENTED UNIT Make & Model:
Twin Toilet
Registration Numbers of LPT trailers:
TC34JR & TB24GQ
Description: Two Toilet cubicles, flushing with hand wash facilities mounted on a trailer. Fully self-
contained with solar panel, batteries, lights, pumps, fresh water tank and effluent tank.
RENTAL PERIOD: ______
RENTAL RATE: ______
Signature of Renter: ______Date: _____/_____/20_____
TERMS AND CONDITIONS
Interpretation
1. In this agreement: ‘Credit Card’ means the Renter’s Credit Card, details of which are on the front of this form; ‘Hirer’ means the proprietors of Luxury Portable Toilets and their substitutes, successors, permitted assigns or agents; ‘Renter’ means any person who signs this agreement personally or by an agent; ‘Goods’ means the Twin Toilet Trailer Unit and accessories described on the front of this form and any replacement for the Unit and accessories; ‘Rent’ means the rent payable in accordance with the Rental Period and the Rental Rate set out on the front of this form; ‘Rental Period’ means from the Rental Period commencement time to the Rental Period Expiry Time; ‘Repair and Cleaning Cost’ means the cost of repairing and cleaning the Goods calculated at the rate of $77.00 per hour including GST; ‘Replacement Cost’ means the Replacement Cost as described below.
Rental of Goods
(a) The Hirer agrees to rent the Goods to the Renter for the Rental Period and the Renter agrees to take the Goods on hire for that period and to pay the rental rate agreed to on this form for the Goods for that rental period on the terms and conditions set out in this agreement. The Renter is entitled to use the Goods for the Rental Period and for any agreed extension of the rental period provided such agreed extension is in writing. (b) The Hirer will provide the Unit to the Renter clean and in Good working order, repair any damage to the Unit caused by the ordinary use of the Unit by the Renter, collect the unit within five (5) days of being requested to do so by the Renter. The Renter must not remove any Electrical leads or fittings.
Payment for rental and repair and replacement
2. The Renter agrees to:
(a) Pay to the Hirer the amount of the Rent provided the Goods are returned on time and in a Good order without
damage; (b) Pay to the Hirer the Replacement Cost for the Goods if the Goods are not returned in a Good order without damage and in the Hirer’s absolute discretion are not economically repairable or if the Goods are not returned within fourteen days of the expiry time; (c) Pay the Hirer a late payment fee calculated daily at 2% per month on all unpaid Charges, any expenses or legal costs (including commission payable to a commercial agent) incurred as a result of the failure of the Renter to pay any charges when due (d) Irrevocably authorises the Hirer to repair and/or clean the Goods and to charge the
Renter the Repair and Cleaning Cost in the event that the Goods when returned are damaged or worn or not clean, including the cost of repairing any damage to the Unit caused by vandalism, or in any way whatsoever other than by the ordinary use of the Unit by the Renter; (e) Irrevocably authorises the Hirer to complete any documents necessary or desirable,
including Credit Card payment or merchant documents in order to deduct payment from the Renter’s Credit Card any payment to the Hirer of the Rent, Repair and Cleaning Cost or the Replacement Cost. Renter’s warranties
3. The Renter warrants that:
(a) The Renter will not operate the Goods in excessive mud or rain; (b) The Renter will return the Goods in a clean and tidy state; (c) The particulars on the front of this form are correct in every respect and are not misleading in anyway
including, without limitation, by omission; (d) The Credit Card referred to on the front of this form has sufficient credit available to allow the Hirer to deduct the Rent and Repair Cost or the Replacement Cost from the Credit Card facility if so required and authorised by this agreement; (e) The Renter will not breach any copyright or other restriction in relation to or in connection with the Goods; (f) In selecting the goods, the Renter has not relied on the Hirer’s skill and judgment or on any representations made by or on behalf of the Hirer and agrees that the Goods comply with their description, are in merchantable condition and are fit for the Renter’s purpose.
Renter’s obligations
5. The Renter will:
(a) Keep the Goods in first class condition and only use them as they would be used by a careful and prudent
Hirer; (b) Not allow smoking within the toilet cubicles. (c) Not use the Goods for any illegal purpose or tamper with, damage or repair the Unit; (d) Not remove any electrical leads, hose fittings or like accessories; (e) Not move the Unit nor allow his agent nor any other person to move the Unit for any reason whatsoever, should the Unit need to be moved or relocated then the Renter shall notify the Hirer who will within five (5) days organise and complete the removal or relocation. The cost of any such relocation shall be at the expense of the Renter; (f) Not allow the introduction to the plumbing system in the Unit materials other than water, human waste, soap, toilet paper (as supplied). Hand Towel Paper, Sanitary products or similar must not be introduced into the plumbing system; (g) Report any damage to, or loss of, the Goods to the Hirer immediately such damage or loss occurs; (h) Be liable for any breach of this agreement committed by the Renter’s servants or agents;
(i) Indemnify the Hirer for any loss (including legal costs) incurred by the Hirer in relation to any breach of this
agreement and for any liability arising out of any such breach. (j) Ensure that there is enough room for the installation of the Unit. If the Unit is delivered and there is not
sufficient room for installation a fee of $440.00 will be charged to cover costs. (j) Satisfy itself that at the commencement of the Agreement that the Unit is suitable for its purpose. (k) Operate the Unit strictly in accordance with the law, only for its intended use, and in accordance with any
manufacturer’s instructions whether supplied by the Hirer or posted on or in the Unit.
Repossession
6. The Hirer may retake possession of the Goods if the Renter breaches any provision of this agreement and the Rentercannot restrict the access for such purpose.
Exclusion of liability
The Renter agrees that to the full extent permitted by law neither the Hirer gives, nor any dealer, other previous Hirer of the Goods or any person purporting to act with the authority of the Hirer has given, any condition, warranty or representation whatsoever in favour of the Renter 7.
(a) As to the condition or quality of the Goods including, without limitation, latent and other defects,
and whether or not discoverable by the Hirer or the Renter; (b) As to the suitability or fitness for ordinary or any special use or purpose of the Goods; or (c) As to the correspondence by the Goods to any description of them.
Other implied terms and conditions excluded:
(d) No further or other covenants or provisions, whether in respect of the Goods or otherwise will be
deemed to be implied into this agreement or will arise between the Renter and the Hirer by way of collateral or other agreement by reason of any promise, representation, warranty or undertaking given or made by the Hirer, any dealer, other previous Hirer of the Goods or any person purporting to act with the authority of the Hirer on or prior to the date of this agreement. The existence of any such implication or collateral or other agreement is hereby negatived. (e) Any covenant or provision which is deemed by statute to be incorporated into this agreement but
the operation of which may be lawfully excluded, restricted or modified by agreement between the Renter and the Hirer or otherwise is hereby, to the maximum extent possible, so excluded, restricted or modified. In no event will the Hirer be liable (whether before or after the expiry or termination of this agreement) for any loss or damage which the Renter suffers arising from, or caused or contributed to by, the Hirer’s negligence or the negligence of the Hirer’s servants or agents. Nor will the Hirer be liable for special, indirect or consequential loss or damage as a result of a breach by the Hirer of this agreement including, but not limited to, loss of profits or revenue, the costs arising from the loss of use of the Goods and the costs of any substitute Goods which the Renter acquires. (f) The Renter agrees that the Hirer is not responsible for any loss, damage or injury suffered by the
user of the Goods as a result of using the Goods. The Renter acknowledges that this clause excludes any liability on the part of the Hirer that results from breach of an express or implied warranty that the Goods will be rendered with reasonable care and skill. This is a risk warning made in accordance with the Civil Liability Act 2002 (NSW).
Title to Goods
8. The Renter acknowledges that the Hirer retains title to the Goods and that the Renter has rights to possess the Goods as a mere bailee only. The Renter does not have any right to pledge the Hirer’s credit in connection with the Goods and agrees not to do so. The Renter also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the Goods and not to conceal or alter the Goods or make any addition or alteration to, or repair of, the Goods.
No waiver
9. Time is of the essence of this agreement, except that no delay by the Hirer in exercising any right or
power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
Governing law
10. This agreement will be governed by the law of New South Wales.
Signed for and on behalf of the Hirer:
...... ____/____/20___
Signed for and on behalf of the Renter:
...... ____/____/20___
Notice: This Agreement may be subject to the Building and Construction Industry Security of Payment Act 1999
Please Return to