1. Term of Hire Safety Systems Pty Ltd will hire the Equipment to the Client for the Term, subject to the Client paying the Initial Hire Payment, and all other payments due under this Agreement on the relevant payment dates. The Term will commence on the Start Date, and will terminate on the Return Date, unless the Parties agree to extend the Term further.
2. Inspection and pick up of Equipment. The Client will make arrangements to pick up the Equipment. Upon pick up, the Client must inspect the Equipment to ensure that it is complete, in good condition. The Client agrees and acknowledges that Safety Systems Pty Ltd is not the manufacturer of the Equipment, and that Safety Systems Pty Ltd does not make any representations or give any warranty as to the quality, condition and fitness for use of the Equipment.
3. Fees and Other Amounts. The Client must pay Safety Systems Pty Ltd upon demand: (a) a dishonour fee if any bank or other financial institution refuses to honour any payment made by the Client; (b) all stamp duty, GST, and other taxes, fees and charges in connection with, or arising from, this Agreement, or any supply under this Agreement; and (c) all costs and expenses (including any legal fees) incurred by Safety Systems Pty Ltd in recovering, or attempting to recover the Equipment, the Hire Payment and any other amounts due and payable under this Agreement.
4. Equipment. No person or organisation other the Client shall be allowed to operate or handle the equipment.
5. Use of Equipment. The Client must: (a) ensure that the Equipment is used only for the purposes permitted under this Agreement, in compliance with any relevant law, and in accordance with any operating manuals and guidelines provided.; (b) take good care of the Equipment and ensure that it is kept in good repair and order; (c) promptly inform Safety Systems Pty Ltd if the Equipment is defective, damaged, lost or stolen; and (d) continue to pay for the Term even if the Equipment is not operational or cannot be utilised for any reason whatsoever (e.g. due to breakdown, malfunction or loss of the Equipment).
6. Breach. If the Client fails to comply with any condition, or perform any of its obligations, under this Agreement, Safety Systems Pty Ltd may, by written notice, do any or all of the following: (a) terminate this Agreement and the Client’s rights under this Agreement; (b) declare immediately due and payable all hire payments and other amounts due and payable under this Agreement; (c) take appropriate court action to enforce the performance of the Client’s and/or guarantors obligations or to recover damages for breach; or (d) without necessity of process or other legal action, enter upon the address where the Equipment is located and take possession of the Equipment.
Safety Systems Pty Ltd shall be entitled to take possession of the Equipment at any time after the expiry of fourteen (14) days after the date of posting or delivery of a written demand to the Client. Safety Systems Pty Ltd may, at its discretion, waive any breach of any of the Client’s obligations under this Agreement. Any waiver granted will not be effective unless it is in writing and signed by Safety Systems Pty Ltd
7. Indemnity. The Client agrees to indemnify Safety Systems Pty Ltd against: (a) all losses and liabilities incurred by Safety Systems Pty Ltd and (b) all legal costs and other expenses incurred by Safety Systems Pty Ltd; in connection with any demand, action, arbitration or other proceeding arising directly or indirectly, or as a result of, or in connection with, a breach or non-performance of any of the Client’s obligations under this Agreement. The Client’s liability under this Agreement is both joint and several (i.e. if more than one, the Clients is liable under this Agreement collectively as well as individually).
8. Equipment return conditions:
In accordance with this agreement, the following conditions are minimum requirements for return:
• All items rented must be returned in good working condition with allowance for ordinary wear and tear.
• All decals other than manufacturer’s own and Safety Systems Pty Ltd must be removed. Any damage to the case will be subject to compensation.
• All external components must be cleaned of dirt, ink and other markings
• All user manuals, power leads and cables that were delivered with original equipment must be returned.
• Batteries are to be in working order and re-chargeable, without leaks.
Any damage will be assessed and repairs charged to the Client.