CONDITIONS OF HIRE
1. In these conditions:
(a) The 'Owner' is Dalgarno's Party Hire Pty Ltd.
(b) The 'Hirer' refers to the person, firm or corporation hiring equipment from the Owner.
(c) The 'Equipment' means all the equipment and accessories supplied to the Hirer.
2. Amount quoted is for one use of the Equipment only. The Hirer agrees that all charges for hire loss, damage and repair will be paid and that all collection fees, legal fees or any expenses involved in the collection of these charges will be borne by the Hirer.
3. The Hirer is responsible for the Equipment from the time of delivery until collection by the Owner and shall pay for all Equipment damage or lost however caused during that period. The Owner shall protect the Equipment from the elements during the time of delivery, use, storage or waiting period before pick-up. The Hirer shall maintain at its expense liability, property and casualty insurance coverage in amount necessary to fully protect the Owner and its Equipment against all claims, loss or damage of whatever nature or type. The Owner shall not be liable for any loss or damage caused to any person, property, animal or things whatsoever arising from the use of the Equipment hereby hired and the Hirer indemnifies the Owner in respect to any claims for such loss or damage.
4. Prices quoted are for delivery on street level. Extra charges shall be payable for delivery to and removal from higher or lower levels.
5. The Owner's count and/or decision as to condition of the Equipment prior to dispatch and on return shall be final.
6. In the event of a breakdown or failure of the Equipment, the Hirer shall return the Equipment to the Owner's premises forthwith and on no account attempt to repair the Equipment without the prior consent of the Owner.
7. The person signing the documents for and on behalf of the Hirer hereby covenants with the Owner that he or she has the authority of the Hirer to make this agreement on the Hirer's behalf and is empowered by the Hirer to bind the Hirer to this agreement and hereby indemnifies the Owner against all losses and cost incurred by the Owner arising out of the person signing this agreement failing to have such power and/or authority.
8. Damage Waiver is payable by the Hirer to cover all costs associated with normal wear and tear to the Equipment hired. This waiver does not apply to any other damage to Equipment including:
(a) damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment;
(b) damage due to mysterious disappearance of the Equipment;
(c) damage caused by the use or operation of Equipment in contravention of any of the conditions of the Agreement;
(d) damage to, or loss of, the Equipment from any unknown cause.
9. The Hirer acknowledges that he has received adequate instruction on the correct use of the Equipment, which includes demonstration or verbal or written instructions.
10. The Hirer authorizes the Owner to complete any documentation for the purpose of the Hirer making payment through a credit card system or other credit accommodation extended to the Hirer and accepted by the Owner. The Hirer agrees to pay the Owner interest at the rate of two percent (2%) per calendar month or part there part of on any amount due to the Owner but unpaid under this Agreement. The Hirer shall be responsible for the payment of any tax or duty levied on the hire and/or delivery of goods including Government Stamp Duty and GST.