TERMS AND CONDITIONS

Definitions

Items.  All pieces of goods and items covered by this hire agreement, and any others added afterwards by mutual agreement either in writing or orally. 

Owner: Direct West Investments Pty Ltd and any nominated representatives.

Client.  The hirer of the Items 

Hire Period. The time from when the Client takes possession of the Items or when the Owner leaves them in an agreed location until the items return to the possession of the Owner

Disclaimer

The Client accepts full responsibility for the Items and their use for the Hire Period and hereby agrees to release and fully indemnify the Owner and all related parties from any claims, expenses, damages or similar actions resulting directly or indirectly from the hire of the items or from the use of the Items by the Client or by any other party.

Title.  All Items remain the property of the Owner.  The Owner retains the right to inspect the Items at any time during the Hire Period and to repossess them at any time.  The Client agrees to do any reasonable things as are necessary to assist the Owner in exercising these rights.

General Conditions

Condition and Suitability.  The Client warrants the Items are in good order, fit for purpose and has inspected or waived the right to inspect the Items. The Client warrants that they are aware of the proper uses for the Items.  The Client accepts that any items that are damaged, stolen, lost or otherwise not returned in the same good order at the end of the Hire Period will be added to the fee payable at full replacement cost.  The Client is responsible for notifying the Owner at the end of the Hire Period of any wear, damage or losses to the Items.

Bond

The Owner may require a refundable bond to be paid before the commencement of the Hire Period.  This bond will be repaid in full after all the Items are returned in good order. If the Items are not all returned in good order the Client accepts that the bond will be retained until all replacement costs are paid.  The parties agree that the bond may be utilised to pay for any such costs. If the bond  is sufficient to cover any such costs any remaining bond will be returned to the Client .

Payment

The Client agrees to pay the owner those fees payable for hire of the items; for any other services; for the bond and for any replacement costs. 

The fees are to be paid as agreed in writing or verbally with the Owner.  In the event that the fees are paid for by credit card the Client authorises the Owner to debit the credit card for any damage or loss of Items above the value of any bond. 

Payment for agreed hire and service fees is due, in full, prior to commencement of the Hire Period.  Payment of any other amounts is due seven (7) days after issue of invoice or statement of account.

Force Majeure

If the Owner is unable to perform any of its obligations due to circumstances outside its control, Owner will notify the Client of the details of such circumstances and their impact and Client agrees to suspend these obligations for the duration of the force majeure. The Client agrees hold Owner harmless for any loss or damage resulting from the force majeure event.