BOOKINGTERMS AND CONDITIONS
1.Rental of Equipment1.1Hire SolutionsWA agrees to supply to the Renter each item of Rented Equipment (“Rented Equipment”), from the first payment date specified in the Schedule of Key Terms (the “First Payment Date”) and for the Rental Term specified in the Schedule of Key Terms,and any renewal or extension thereof, upon the terms of this Agreement.1.2The Renter shall return each item of Rented Equipment at the end of the Rental Term, unless the Rental Term is extended with the consent of Hire Solutions WA.1.3This Agreement is conditional upon the Renter entering into an acceptable Client Service Agreement with Hire Solutions WA.2.Payment2.1Hire Solutions WAshall provide a valid tax invoice in respect of the Monthly Rental Charge.2.2The Renter shall pay the monthly rental charge specifiedinthe Schedule of Key Terms(“MonthlyRental Charge”)each month from theFirst Payment Date until the last payment date specified in the Schedule of Key Terms, or the Rented Equipment is returned to Hire Solutions WA, whichever is later.2.3If payment is made by cheque, the cheque shall be collateral only and shall not discharge the Renter’s obligation to pay under this Agreement until the cheque has been cleared by the drawer’s bank. If the Renter’s cheque is dishonoured or if money owing pursuant to this Agreement remains unpaid after the due date, Hire Solutions WAmay requirethe return of each item of Rented Equipment until full payment is made of after payment has been made.2.4The Renter shall pay:(a)interest on any overdue amounts at the rate of 15% per annum simple interest; and(b)an administration fee of $50.00 for each reminder letter sent by Hire Solutions WAseeking payment of an overdue account.3.Condition and Use of Rented Equipment3.1The Renter must at all times keep and maintain each item of Rented Equipment in proper working order and condition and in good and substantial repair.3.2The Renter must only operate and maintain each item of Rented Equipment in accordance with appropriate methods and standards of operation as specified by Hire Solutions WAor by the manufacturer of each item of Rented Equipment. The Renter will at all times comply with the reasonable requirements of Hire Solutions WAas to any repair, removal or replacement or the remedying of any deficiency or defect in any item of Rented Equipment.3.3The Renter must not, without the prior writtenconsent of the Hire Solutions WA, make any replacement, alteration or addition of any nature which may lead to a material reduction in the value of any item of Rented Equipment.3.4Each item of Rented Equipment will be serviced byHire Solutions WAor such competent and (where appropriate) properly qualified, trained and licensed personnel appointed by Hire Solutions WAin accordance with an appropriate Client Service Agreement.3.5Hire Solutions WAshall make due allowance for normal wear and tear but each item of Rented Equipment must at all times be capable of being operated fully and efficiently for the purpose, and to the capacity, for which that item of Rented Equipment was intended at the first payment date3.6The Renter must give reasonable notice to the Hire Solutions WAin writing of any loss or damage in excess of normal wear and tear within 24 hours of the occurrence of the loss or damage.3.7If upon return of any item of Rented Equipment that item of Rented Equipment is not returned complete and in a clean working condition the Renter shall pay Hire Solutions WAthe cost to restore, clean and carry out any works required to the equipment.3.8Should any item of Rented Equipment while under the care of the Renter be stolen or destroyed, the Renter shall compensate Hire Solutions WAto the replacement value of that item of Rented Equipment so stolen or destroyed.3.9Hire Solutions WAinvoice for the replacement and/or repair cost is conclusive as to the amount the Renter shall pay pursuant to sub-clauses 3.7 and 3.8.4.Ownership of Rented Equipment4.1Hire Solutions WAretains full title to each item of Rented Equipment notwithstanding:(a)the delivery of each item of Rented Equipment to the Renter;(b)the possessionand use of each item of Rented Equipment by the Renter; and(c)any temporary attachment of any item of Rented Equipment to any land or buildings to facilitate use of that item of Rented Equipment,subject only to the rights of the Renter as a mere bailee of each item of Rented Equipment with a right only to use them in accordance with, and under, this Agreement.4.2Hire Solutions WAreserves the right to register its interests in the Rented Equipment on the Personal Property Securities Register and the Renter shall provide any information reasonably requested by Hire Solutions WAin that regard.5.No disposal of any interest in Rented EquipmentThe Renter must not without the Hire Solutions WAprior written consent:(a)agree, attempt, offer or purport to sell, assign,sublet, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with possession of or otherwise deal with any item of Rented Equipment; or(b)conceal or alter any item of Rented Equipment or make any addition to any item of Rented Equipment except as required pursuant to this Agreement.6.Notification of ACP’s ownership of Rented EquipmentThe Renter must notify any person seizing or attempting to seize any item of Rented Equipment of the ownership of the Hire Solutions WAand must give immediate written notice to the Hire Solutions WAof such seizure.7.Insurance7.1The Renter must effect and maintain at all times during the Rental Term, and any renewal or extension thereof:(a)general insurance againstdamage or destruction caused by accidentfor the full insurable value of the Rented Equipment;(b)public liability insurance covering the operation of the Rented Equipment;(c)insurance for any other insurable risk commonly insured against in regard to equipment of a similar nature to the Rented Equipment; and(d)such other insurable risks as Hire Solutions WAmay reasonably stipulate.8.Inspection, Warranties and Representations8.1The Renter acknowledges that before signing this Agreement, the Renter has inspected each item of Rented Equipment. As a result ofthat inspection the Renter was satisfied as to the condition, quality and safety of each item of Rented Equipment, its fitness for the Renter’s purpose and its compliance with its description.8.2The Renter agrees that to the full extent permitted by law:(a)neither Hire Solutions WAgives, nor any person purporting to act with the authority of Hire Solutions WAhas given, any condition, warranty or representation whatsoever in favour of the Renteras to the condition or quality of each item of Rented Equipment including, without limitation, latent and other defects and whether or not discoverable by Hire Solutions WAor the Renter;(b)the Renteris satisfied that each item of Rented Equipment is in a clean working condition and that no works or repairs are requiredat the time of hire;and(c)the Renteris aware of the proper use for each item of Rented Equipment.
9.Termination Provisions9.1Each of the following events is an Event of Default, namely:(a)if the Renter fails to pay the Rental Charge on the due date as required under this Agreement and such failure continues for more than 5 business days;or(b)if the Renter fails to perform or observe any of the covenants or provisions of this Agreement on thepart of the Renter to be performed or observed and (if capable of remedy) such default continues for more than 10business days(or such longer period as Hire Solutions WAin its absolute discretion permits) after notice from Hire Solutions WArequiring the Renter to remedy the same.9.2An Event of Default will result in the automatic termination of this Agreement and Hire Solutions WAhas the right to the return of each item of Rented Equipment and will be entitled to retain all Rental Charges and other moneys previously paid by the Renter to Hire Solutions WAunder this Agreement.9.3Upon such termination, the Renter shall forthwith:(a)return each item of Rented Equipment at the Renter’s expense appropriately protected and in the condition required by clause 3, to such address as is notified by Hire Solutions WAto the Renter from time to time;and(b)discharge any outstanding Monthly Rental Charges.9.4If any item of Rented Equipment is not returned to Hire Solutions WAas and when required by sub-clause 9.3(a), Hire Solutions WAmay retake possession of that item of Rented Equipment. For that purpose Hire Solutions WAand its employees and agents may, without notice, liability or legal process, enter upon or into any location containing any item of Rented Equipment and may break open any gate, door or fastening and detach or dismantle any item of Rented Equipment from anything to which any item of Rented Equipment have been affixed. Hire Solutions WAis not obliged to collect any Rented Equipment that the Renter failsto return and the Renter agrees that it is barred from alleging that Hire Solutions WAfailed to mitigate its losses as a defence to any claim for outstanding Rental Charges and/or possession of any item of Rented Equipment.10.Limitation of Liability10.1Hire Solutions WAliability is limited:(a)in the case of each item of Rented Equipment -to any one or more of the following at Hire Solutions WAoption:(i)the replacement of that item of Rented Equipment or the supply of equivalent Rented Equipment;(ii)the repair of that item of Rented Equipment;(iii)the payment of the cost of replacing that item of Rented Equipment or of acquiring an equivalent item of Rented Equipment; or(iv)the payment of the cost of having that item of Rented Equipment repaired, or(b)in the case of services -to anyone or both of the following:(i)the supplying of the services again;(ii)the payment of the cost of having the services supplied again, and(c)in either case, to any lesser liability permitted by the relevant law.10.2Hire Solutions WAwill not be liable for, and the Renter releases and discharges Hire Solutions WAfrom, any loss or damage whatsoever and whenever caused to the Renter or its agents or employees, including, but not limited to, special, indirect or consequential damages, loss of profit, goodwill, revenue or loss of anticipated saving or loss, whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise, arising directly or indirectly from or incidental to a breakdown of, or defect in, the Rented Equipment or any accident to or involving the Rented Equipment or its use, operation, repair, maintenance or storage (whether occasioned by the negligence of Hire Solutions WAor otherwise) or which may otherwise be suffered or sustained in, upon or near the Rented Equipment, or as a result of a breach of the terms and conditions of this Agreement by it or as a result of a breach of duty of care or negligence arising at law.10.3To the maximum extent permitted by law, Hire Solutions WAliability to the Renter under this Agreement is limited to the value of this contract.10.4The Renter shall indemnify Hire Solutions WAfrom and against all claims and demands proceedings judgments damages costs and losses of any nature whatsoever arising out of, or resulting from, or in connection with, the hire of Rented Equipment and any services under this Agreement.11.Enforcement Expenses11.1The Renter shall reimburse Hire Solutions WAfor all reasonable fees and expenses incurred by Hire Solutions WAin connection with the recovery of overdue accounts and replacement of any item of Rented Equipment, including legal fees on a solicitor and client basis.11.2In addition to Hire Solutions WArights in sub-clause 11.1, Hire Solutions WAmay sue for any loss of profits and consequential damage it has suffered as a consequence of the Renter’s refusal and/or failure to perform its obligations under this Agreement.12.Miscellaneous Provisions12.1Any notice required to be served on either of the parties may be served personally or be left at or sent by letter addressed to the other party at the party’s address specified in the Schedule of Key Terms. If posted, the notice shall be deemed to be served 2 business daysafter posting. Notices sent by facsimile shall be deemed to be duly given within 1 business dayof receipt by the sender of a transmission control report from the dispatching machine indicating successful transmission.12.2If any part of this Agreement is or becomes void and unenforceable then that part is or will be severed from this Agreement and the remainder shall not be affected.12.3This Agreement shall be governed by the laws of Western Australia and the parties submit to the exclusive jurisdiction of the Courts of Western Australia.12.4If the Renter comprises of more than one person, each person shall be jointly and severally liable to perform the Renter’s obligations under this Agreement.12.5Neither party may assign its rights and obligations under this Agreement without the prior written consent of the other party.12.6No failure to exercise and no delay in exercising any right, power or remedy under this Agreement will operate as a waiver, nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.12.7Except as expressly provided in this agreement, this Agreement may be amended or varied only by agreement in writing signed by the parties.12.8No failure or omission by the parties to perform any of their obligations under this Agreement, except a failure to pay money will be a breach of this Agreement; or will create any liability, if such failure or omission arises from any cause or causes beyond the control of the relevant party, including but not limited to acts of god, fire, storm, lightning, flood, earthquake, acts of the public enemy, war, rebellion, insurrection, riot, invasion, strikes and lockouts. A party seeking to rely upon this sub-clause must promptlyadvise the other party by notice in writing of the details of the relevant event.