(a) The Owner is Caterhire Pty Ltd P/L ABN 71 144 577 248 of 30 Sunline Drive, Truganina 3029.
(b) The Hirer is the party whose details appear on the Account Details page.
(c) The Equipment is the equipment set out in the Account Details page and is the same as the equipment hired by the Hirer.
(d) Laws include all planning, zoning, licensing, health and safety and other laws applicable to the Equipment, its usage and location, whether State, Federal, or local.
(e) Period of Hire is the period set out in the Account Details page and includes the day of delivery and the day of return of the Equipment to the Owner’s premises between 8 a.m. and 6 p.m. Monday to Saturday.
(f) Location of Usage is the physical address where the Equipment will be located during the Period of Hire.
(g) The Fee shall include the Hiring Fee together with the Installation, Delivery Fee, Collection Fee, Removal Fee, any Overholding Fee, Usage Instruction Fee or Cleaning Charge agreed upon and set out in the Account Details page.
(h) Usage Instructions Fee means the fee the Owner will charge the Hirer to attend the Location of Usage and instruct the Hirer and or its staff in the proper operation of the Equipment.
(i) Cleaning Charges means the fee charged to and payable by the Hirer to have the Owner clean the Equipment upon its return in the event that the Hirer has failed to adequately clean the Equipment before its return.
2. AGREEMENT TO HIRE
(a) The Hirer wishes to hire the Equipment from the Owner for the Period of Hire and to use the Equipment at the Location of Usage
(b) The Hirer agrees to pay to the Owner the fee on or before the commencement of the Period of Hire.
(c) If the Hirer fails to return or if the Hirer fails to make the Equipment available for collection to or by the Owner at the end of the Period of Hire, the Hirer will pay to the Owner the Overholding Fee Per Day of each day of overholding, such payment to be made within 48 hours of the day of return of the Equipment to the Owner.
(d) The Hirer agrees not to remove the Equipment from the Location of Usage without the prior written consent of the Owner
(e) The Hirer agrees not to part with possession and control of the Equipment during the Period of Hire or during any overholding period.
3. SUITABILITY OF EQUIPMENT
(a) Prior to use of the Equipment by the Hirer, the Hirer shall determine the condition and suitability of the Equipment for the purpose required. The Owner does not warrant that the Equipment is suitable for the Hirer’s purpose.
(b) The Hirer will use the Equipment in a skillful and proper manner, using properly trained or appropriately licensed operators.
(c) The Owner will affix operating instructions to each item of equipment and the Hirer will ensure that those instructions are present on the Equipment and adhered to by the operators.
4. CLEANING AND PROTECTION OF EQUIPMENT
(a) The Hirer will at its own expense clean and maintain the Equipment to the same condition as it receives the Equipment in from the Owner. In the event that the Equipment is returned to the Owner in an unclean state, the Hirer agrees to pay the Owner the Cleaning Charge within 48 hours of notification of it being payable.
(b) The Hirer accepts full responsibility for the safekeeping and usage of the Equipment and indemnifies the Owner, its servants and agents against all losses, including theft and accidental or malicious damage to the Equipment. The Hirer further indemnifies the Owner against any claims, losses or damages whether to a person or property and arising out of the presence of or usage of the Equipment by the Hirer, its servants, agents, invitees or licensees.
(c) The Hirer acknowledges that the title to the Equipment shall at all times remain with the Owner and nothing in this Agreement or otherwise shall confer on the Hirer any right or proprietary interest in the Equipment. The Hirer is prohibited from dealing with or parting with possession of the Equipment or assigning the benefit of this Agreement to any other person or entity.
(d) The Hirer shall ensure that all safety information supplied with the Equipment is brought to the attention of all operators of the Equipment and that they adhere to those instructions.
(e) The Hirer will comply with all laws insofar as they relate to the usage and operation of the Equipment.
5. SAFETY INSPECTION
(a) The Owner has safety checked all gas and electrical components in the Equipment prior to dispatching the Equipment to the Hirer, to ensure that the Equipment complies with all relevant regulations and standards.
The Hirer is responsible to check the Equipment received by it and ensure that it is not damaged or malfunctioning.
In the event of fault or breakdown the Hirer must immediately notify the Owner of the fault and stop using the Equipment. The Hirer agrees that it will not attempt to repair the Equipment unless it first has the consent of the Owner to do so and engages suitably qualified technicians to carry out the repairs.
The Owner will arrange for the repair or replacement of the faulty Equipment. In the event that the Hirer’s technicians carry out the repairs, the cost of those repairs shall be wholly borne by the Hirer and the owner shall not be obligated to pay any sum to the Hirer unless it has previously agreed to do so in writing.
(b) In the event that the Equipment breaks down or becomes faulty through misuse by the Hirer, the Hirer will continue to pay the fees due, and will indemnify the Owner for all costs and expenses incurred by it in repairing the Equipment.
(c) The Owner shall not be responsible for any loss or damage, inconvenience or claim by the Hirer arising out of any breakdown of the Equipment.
(d) Should the Hirer suffer any loss, damage, costs or expense arising out of the hire or use of the Equipment the owner’s obligations shall extend only to the replacement or repair of the Equipment and not extend to the payment of damages of any kind to the Hirer.
(a) If the Hirer breaches any term of this Agreement or does or permits anything to be done with the Equipment that may prejudice the Owner’s rights in the Equipment, the Hirer agrees that the Owner may forthwith resume possession of and remove the Equipment from the location of usage.
It is intended that the obligations in this Agreement imposed on the hire will continue to bind the Hirer until the Equipment is returned to the Owner and any fees outstanding to them