TERMS AND CONDITIONSThe terms and conditions set out below form part of the Hire Agreement (HA) between LensHire Pty Ltd (“Us”, “We, “Our”) and the Hirer (“I”, “You”, “Your”) to hire the equipment identified in the HA (“Equipment”). “Hirer” means the person/company named in the HA as the Hirer.
1. EQUIPMENT CONDITION
(1) You acknowledge receiving the Equipment from Us:
(a) in a good, clean and perfectly working condition except as specified in the Equipment Details;
(b) with accessories, manuals, tools and any other items specified on the Equipment Details.(2) We will not guarantee, assume responsibility or make any claims or representations of the performance of the equipment once it leaves Our hands.
2. USE OF EQUIPMENT
(1) You shall only use the Equipment in a careful and proper manner and will comply with all laws, rules, ordinances, statutes and orders regarding the use, maintenance or storage of the Equipment.
(2) You will, at Your sole expense, keep and maintain the Equipment clean and in good working order during the Hire Period.
(3) You shall not in any way repair or materially alter the physical or otherwise makeup of the Equipment.
3. RETURN OF EQUIPMENT
(1) You agree to return the Equipment to Us:
(a) in the same condition in which You received it;
(b) to the Hire Location in the HA by the Return Date and Time in the HA;
(c) with all of the items described in Clause 1(1)(b) in good condition.
(2) We must be notified and agree to any extension of the period of rent, in advance of the Return Date. If You fail to return the Equipment to Us by the Return Date and Time, the Equipment will be charged for an extra day.
(3) We may take possession of the Equipment without prior demand if, in Our opinion:
(a) it is being used, or has been used, in contravention of any law or of a term of this HA;|
(b) it has been mishandled or abused;
(c) it has apparently been abandoned;
(d) it has not been returned to us by the Return Date.
(4) You will be responsible for the Equipment and the Hire will continue until We make Our final inspection (including where the inspection cannot take place for some time e.g. You left the Equipment lodged in an inaccessible place or You return the Equipment to a location which is unattended)
(5) If You shall become insolvent, cease to do business as a going concern or if a petition has been filed by or against You under the Bankruptcy Act or similar state statute, We may immediately declare You in default of this HA. In the event of default, We may, as permitted by law, re-take possession of the Equipment.
You agree to pay on demand all of the following charges up until return to or recovery by us of the Equipment (whether or not charges are detailed in the HA):
(1) All charges at the rates described under “Hire” in the HA. Equipment can be collected after 1pm and must be returned by 12pm on the day stipulated as last day of the hire.
(2) All charges for additional days of rent of the Equipment will be charged when the Equipment is returned after the Return Time and Date in the HA. We may amend the Late Fee at any stage in our sole discretion.
(3) The full cost of repair of any damage to Equipment and the associated lost in Our income due to the Equipment being in a non-rentable state, if the damage is deemed by Us to be caused by You or Your actions.
(4) The full cost of reinstatement of loss of Equipment, including the cost of the same or comparable Equipment at current retail price less any discounts available, and the associated lost in income due to Equipment being in a non-rentable state.
(5) Where You breach any of Your other obligations under this HA – (without limiting any other right We have) such sum as is necessary to compensate Us for Our loss or damage as determined by Us acting reasonably.
(6) All taxes, fees, licenses and governmental charges, together with any penalties or interest thereon, relating to the possession, use or maintenance of the Equipment, plus our administration fee per event.
(7) The cost to Us of recovering the Equipment in the circumstances described in Clause 2(3).
(8) Where You fail to return any of the items described in Clause 1(1)(b) in good condition – the cost to Us of replacing the same.
(9) Final charges will be determined after a final inspection by Our representative which will be made as soon as practicable after return to, or recover by Us of the Equipment.
(10) If a booking is cancelled more than 2 days prior to collection, a full refund will be given. An 80% refund will be given on bookings cancelled less than 2 days prior to collection.
5. PAYMENT OF CHARGES
(1) You will make payment of the Hire based on the expected Hire Period, before or upon checkout of the Equipment.
(2) You will pay in full any outstanding charges described in Clause 4 upon the return or recovery of the Equipment.
(3) If You fail to make full payment of any charge due to Us, You agree to pay Us: (i) interest on all outstanding charges at a rate of 25% per annum. You agree that such interest is a genuine pre-estimate of Our damages. Payments received will be credited firstly against any accrued but unpaid interest; (ii) Our costs of recovering or attempting to recover from Your outstanding charges, including any mercantile agent’s costs, and legal costs on a full indemnity basis.
(4) We will proceed with legal procedures to recover the charges from You if full payment of all charges is not made by You within 14 days of Our issuance of charges.
(5) All payments shall be made by cash in Australian Dollars to “Lenshire Pty Ltd”, against which receipts will be issued.
6. GENERAL PROVISIONS
(1) The Equipment is and shall remain the exclusive property of Us.
(2) We reserve the right, without prior notification, to change any descriptions or images of, or references to, any products or services on our website, or to limit the order quantity on any such product or service and/or refuse service to you.
(3) You agree to indemnify us harmless from and against any and all losses, damages, claims, demand or liability of any kind or nature whatsoever, including legal expenses, recited to, or arising from the use, transportation, condition or operation of the rented Equipment, and by whosoever used or operated during the Hire Period. This indemnification shall continue in full forced and effect during and after the Hire Period for causes arising during the Hire Period.
(4) We are not liable for any indirect, special, incidental or consequential damage suffered by You or any other person due to any breach of this HA by Us, and You release and indemnify Us (including legal costs) from any such claim.
(5) The acceptance and return of the rented Equipment shall not constitute a waiver by Us of any claims that it may have against You, nor a waiver of claims for damage to the rented Equipment.
(6) None of Our rights under this HA may be waived except in writing by one of Our representatives
(7) This HA constitutes the entire agreement between the You and Us, and supersedes any prior understanding or representation of any kind preceding the date of this HA. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this HA.
(8) If any part or parts of the HA shall be held unenforceable for any reason, the remainder of the HA shall continue in full force and effect. If any provision of the HA is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
(9) Words used in this HA and/or noted on the HA include all genders and singular words include the plural.
(10) You warrant that all information supplied in connection with this HA, whether before or after the date hereof, is or shall be true and correct in all respects, and that You will immediately notify Us of any such changes.
(11) Where “You” are more than one person, Your obligations under this HA are joint and several. “Person” includes a company.
We are committed to protecting Your privacy. We collect personal information in order to process any application or service You have requested as per Our terms and conditions.