EMU HIRE PTY LTD trustee for RJ Rose Family Trust trading as Emu Holiday Hire ABN 82 919 668 766 TERMS AND CONDITIONS OF HIRE
The Hirer acknowledges that the hire of any equipment from Emu Hire Pty Ltd trustee for RJ Rose Family Trust (“the Owner”) is subject to the following hire conditions:-
1. All terms and conditions contained in this document represent the entirety of the Agreement between the Hirer and Owner;
2. All hire equipment supplied by the Owner remains property of Emu Hire Pty Ltd trustee for RJ Rose Family Trust.
3. The Hirer agrees to pay hire charges as invoiced by the Owner;
4. The Hirer agrees to pay the Owner for any equipment lost, returned damaged or incomplete during the hire period at full replacement cost;
5. In the event that the Hirer fails to pay the hire charges as invoiced or to return the equipment at the cessation of the hire period, the Owner shall be entitled to claim any loss of profits due to the failure to return the equipment and any costs associated with its recovery;
6. The Hirer must notify the Owner of any change of address within 48 hours of the Hirer changing address;
7. All hired equipment must be returned in clean and working order. Should the Hirer fail to do this, the Owner is entitled to recover their reasonable cleaning and repair expenses;
8. The Hirer is responsible for insuring the equipment at all times whilst the equipment is in the possession or control of the Hirer;
9. No warranty is given by the Owner in respect of the condition of the equipment hired or its suitability for any particular purpose;
10. The Owner reserves the right to change the hire rate without notice;
11. The Owner reserves the right to charge a bond on all equipment hired. The bond will be returned to the Hirer upon the Owner’s satisfaction that the equipment has been returned in a clean and working order;
12. The Owner offers delivery and pick up within the Noosa to Mooloolaba local area. In all respects, the Owner reserves the right to impose a reasonable delivery and pick up charge;
13. All booking cancellations must be made at least 24 hours prior to the delivery or prior to the anticipated delivery date. Should less than 24 hours notice be given, the Owner reserves the right to impose a $10.00 late cancellation fee;
14. The Hirer will be responsible to pay the total hire charges for the full hire period;
15. The Owner does not accept any responsibility or liability for any injury, damage or loss caused to any person or persons or property belonging to the Hirer or any third party arising from the use of the hired equipment. Notwithstanding how such injury may have arisen, it is the Hirer’s sole responsibility to ensure that the hired equipment is appropriate for the Hirer’s intended use;
16. Should a Court of competent jurisdiction find that any term or condition of this agreement is found to be void or unenforceable by law, then the invalidity or unenforceability of the term or condition will not effect any other term of condition of the agreement;
17. This Contract is governed by and construed in accordance with the law of the State of Queensland.
INDEMNITY CLAUSE
1. The Hirer shall indemnify the Owner, the Owner’s employees and agents from all loss, damage, injury, actions or claims arising either directly or indirectly from use, maintenance, transport or operation of the hired equipment or otherwise.
2. The Owner is not liable to the Hirer or Hirer’s servants or agents for any loss, damage, injury, actions or claims arising either directly or indirectly from any representations, warranties, terms or conditions expressed or implied for the use, maintenance, transport or operation of the hired equipment or otherwise, whether resulting from the negligence of the Owner, the Owner’s employees, agents or otherwise.
