The Hirer acknowledges that the hire of any equipment from “Bubs on Board”, Tasmania (“the Owner”) is subject to the following hire conditions:-
- That all hire equipment remains the property of “Bubs on Board”, Tasmania — referred to as the Owner in this document.
- A minimum hire period of three (3) days is applicable to all equipment in accordance with the Owners schedule of hiring rates.
- ‘The Owner reserves the right to charge a refundable $50.00 bond/deposit fee on all equipment hired (or per hire agreement) and a refund is dependent upon the return of the hired equipment in as good and clean condition as when it was received by the customer or as when it was provided by the Owner.
- All bonds/deposits are to be paid as per the Owners schedule of bonds/deposit rates as cash or by credit card at the time of booking.
- The Hirer shall also provide a valid credit card number at the time of collection or delivery and the number held as security and only charged if the Hirer defaults in accordance with clause 9, 11, 16 and 17.
- The Hirer is to pay all charges as invoiced by the Owner.
- In any event of the Hirer defaulting in payment of charges or return of any equipment, the Owner and any of its agents have the right to terminate the hire agreement.
- In the event of termination of the hire agreement the Owner and any of its agent shall have the right to enter the Hirer’s premises for the purpose of recovering the equipment and the Hirer agrees to give the Owner or its agents access to the Owner’s equipment when called upon.
- All hired equipment must be returned in a clean condition and cleaning charges will be incurred at the Owner’s discretion.
- Insurance of the equipment is the responsibility of the Hirer – the Owner does not provide any insurance whatsoever on the equipment.
- The Hirer will pay all costs incurred by the Owner in replacement of the equipment, if the equipment is lost, returned damaged, or incomplete.
- The Owner does not give any warranty in respect of the condition of the hired equipment, or its suitability for any particular purpose.
- The Owner does not accept responsibility for any injury to person or persons or damage to property belonging to the Hirer or to anyone else, which arises from the use of any equipment hereby hired, however any such injury may arise or be caused.
- It is the Hirer’s responsibility to ensure that any equipment hired is appropriate for its intended use.
- The Owner reserves the right to revise the hire rate schedule of charges without notice.
- The Owner reserves the right to charge pickup and delivery charges.
- The Owner reserves the right to charge the full amount of rental / delivery charges if cancelled after delivery or within 24 hours of delivery date.
- The Owner must be notified of any change of address of the Hirer within 48 hours of any such change.
- Exclusion Clause:
The Hirer shall indemnify and keep indemnified and save harmless the Owner and the owners servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the owner, its servants or agents or otherwise.
Exclusion of Liability
The Owner shall not be liable to the Hirer or the Hirer’s servants or agents for any damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations warranties terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under part V Division 2A of the Competition and Consumer Act 2010 (Cth) or relevant state legislation) use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the Owner, its servants or agents or otherwise,
Operation of Clauses
Clause A & B hereof to the extent they are inconsistent with other clauses, terms or conditions of this agreement are to override such clauses and be of paramount force.