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1. DEFINITIONS AND LAW
The complete contract is the document or documents that set out these terms and conditions and all other details relevant to a particular agreement and is hereinafter referred to as the 'Contract'. The Hired item(s) are those stated in the relevant contract and are hereinafter referred to as the "Equipment". The "Hiree" is the person, firm, company, corporation or public authority taking Baby Allsorts Equipment Hire on hire. The parties to the Contract are Baby Allsorts Equipment Hire and the Hiree named in the Contract. This Contract shall be governed by and construed in accordance with the laws of Australia.
2. BASIS OF CHARGING
The Hiree will pay the hire charges stated in the Contract. Hire charges will commence from the time stated in the Contract and will continue during the period of hire until the Equipment is restored to Baby Allsorts Equipment Hire in a clean and serviceable condition against Baby Allsorts Equipment Hire’s receipt. All time is chargeable including Saturday, Sunday, Public Holidays etc. All charges are payable on demand. 3. EXTENT OF CONTRACT
The Contract will come into being between the Hiree and Baby Allsorts Equipment Hire when the Hiree has placed an order detailing his requirements and agreeing to be bound by these Conditions and Baby Allsorts Equipment Hire has accepted the order.
4. RESPONSIBILITIES OF THE HIREE AND PERSON SIGNING
The person signing the Contract warrants that he has the authority of the Hiree to make this Contract on the Hiree's behalf and hereby agrees to Indemnify Baby Allsorts Equipment Hire against all losses and costs that may be incurred by Baby Allsorts Equipment Hire if this is not so. The said person hereby acknowledges that he has been instructed in the safe and proper operation of the Equipment. The said person and Hiree jointly and severally hereby undertake to ensure that no-one uses the Equipment who is not properly instructed and shall not allow the Equipment to be misused.
5. WHEN SIGNATURE FOR RECEIPT OF EQUIPMENT BECOMES OPERATIVE
Where, for administrative convenience, the Hiree or his agent is requested by Baby Allsorts Equipment Hire to sign a Contract before the goods are handed over, the Hiree or his agent agrees to examine the goods at the time of the physical hand-over and the effect of such signature will not become operative until immediately after the physical hand-over. 6. RESPONSIBILITY OF HIREE OR HIS AGENT
(i) The Hiree or his agent shall be responsible for the loading and unloading of the Equipment at the address specified by the Hiree and likewise at Baby Allsorts Equipment Hire premises when transported by the Hiree or his agent and any person supplied by Baby Allsorts Equipment Hire shall be deemed to be an employee of the Hiree or his agent at such times. (ii) The Hiree's responsibility for the Equipment commences on the receipt of the Equipment by the Hiree or his agent or on delivery as requested, and ends when the Hiree is in possession of Baby Allsorts Equipment Hire’s unqualified receipt for all the Equipment. The Hiree will not sell or otherwise part with control of the Equipment.
(iii) The Hiree shall at all times and in all respects indemnify Baby Allsorts Equipment Hire against and from any and every expense, liability, financial loss, claim or proceedings whatsoever in respect of any personal injury whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hiree and injury to any servant, employee or agent of the Hiree) and in respect of damage to or loss of any property whatsoever (including the Equipment indemnity as determined by condition 10) arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non-return of the Equipment or any part thereof. 7. MAINTENANCE OF EQUIPMENT AND BREAKDOWN PROCEDURES
The Hiree shall keep himself acquainted with the state and condition of the Equipment and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Equipment must be immediately notified to Baby Allsorts Equipment Hire. Under no circumstances shall the Hiree repair or attempt to repair the Equipment unless authorised by Baby Allsorts Equipment Hire. Such Equipment must be returned to Perth Baby Hire's premises for examination, or when rectification elsewhere is requested, the Hiree agrees to pay carriage if required by Perth Baby Hire.
8. CONSEQUENTIAL LOSSES
The Supplier shall not be liable for any consequential loss to the Hiree including any expense, liability, loss, claim or proceeding whatsoever caused by or arising out of the late delivery, non-delivery, unsuitability or lawful repossession of the Equipment or any part thereof or any breakdown or stoppage of same.
9. INDEMNITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT
The Hiree agrees either to insure the Equipment against loss, theft or damage beyond economic repair on a 'new for old' basis or alternatively indemnify Baby Allsorts Equipment Hire in a similar amount. All monies received by the Hiree from an insurance company or from any other source in settlement of such claims shall be held in trust by the Hiree and paid to Baby Allsorts Equipment Hire on demand. The Hiree shall not compromise any claim without the express consent of Baby Allsorts Equipment Hire.
10. NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
(i) The Hiree accepts full responsibility for the care and safekeeping and return in good order of the Equipment.
(ii) In the case of Equipment which is lost or stolen or damaged beyond economic repair the Hiree shall in all cases meet the Hiree's obligations under Condition 10. Additionally, in any case where the loss, theft or damage aforesaid results from any breach of contract or negligence on the part of the Hiree, the Hiree accepts liability to pay for all financial loss to Baby Allsorts Equipment Hire until the indemnity referred to in Condition 10 is paid. The Hiree's liability under this Condition shall be without prejudice to any other rights of Baby Allsorts Equipment Hire. 11. DETERMINATION OF HIRE
The Supplier shall be entitled at any time if the Hiree is in breach of this Contract to terminate this Contract (such termination to be effective immediately) and to repossess the Equipment or any part thereof.
12. RIGHTS OF ACCESS
The Hiree hereby authorises Baby Allsorts Equipment Hire (upon production of this document) to enter upon any premises where Baby Allsorts Equipment Hire reasonably believes any Equipment or any part thereof to be, and if, and in so far as, Baby Allsorts Equipment Hire in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.
13. RIGHTS RESERVED
Any failure by Baby Allsorts Equipment Hire to enforce any or all of these conditions shall not be construed as a waiver of any of Baby Allsorts Equipment Hire rights hereunder.
14. SEPARATE TERM VALIDITY
Should any item in this Contract be held to be invalid such invalidation will not affect the validity of the remaining terms.
15. TERMS OF CONTRACT
These Conditions have effect in substitution for, and to the exclusion of, any Conditions put forward by the Hiree.
16. GOODS AND SERVICES TAX
In addition to the other consideration payable by the Hiree to Baby Allsorts Equipment Hire under this agreement, the Hiree must, upon receipt of a tax invoice from Perth Baby Hire, pay to Baby Allsorts Equipment Hire an amount equal to the GST as payable by Baby Allsorts Equipment Hire on the taxable supply specified in the tax invoice on the same basis as the other consideration is payable by the Hiree under this agreement.
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