Hire Agreement Terms and Conditions
- The Hirer agrees with the Owner:
- to hire the equipment from UMSU Inc. (University of Melbourne Student Union) ABN 78 125 531 707 (hereafter referred to as the owner) for the scheduled hire period and to pay the total charges payable and to be bound by the terms and conditions in the Hire Agreement.
- not to permit any person to use the equipment other than himself or an agent acting on behalf of the hirer.
- to pay the owner a deposit for the owner’s use such as the owner may require and ascertain that such sum is met on presentation.
- not to affix any part of the equipment to any premises and to take all care to protect the title of the owners to the equipment.
- to keep the equipment in his own possession or control and not to remove the equipment from the state of Victoria without first notifying the owner in writing.
- to notify the owner immediately if any judgement or order is levied upon the hirer or the hirer's property.
- to permit or to procure permission for the owner, or an agent acting on his behalf, to enter the premises where the equipment is installed at all reasonable times on reasonable notice in order to inspect the equipment or to carry out repairs.
- The Hirer shall pay to the Owner:
- the fee for the use of the goods as described on the face hereof as “the hire cost”.
- any late payment fee in accordance with clause (5) of this Agreement. Overdue amounts will accumulate a 5% interest per day.
- in the case of loss, theft or damage to the equipment whilst under the care or control of the hirer for which the hirer is liable under this Hire Agreement, the replacement value, calculated as a sum equal to the manufacturer's retail price plus loss of use costs in respect to the equipment and any labour costs.
- any expenses of the owner’s, occasioned by the hirer's breach of this agreement.
- Definition of Equipment:
The equipment includes those items specified on the front of this Agreement as well as any additional goods supplied by the owner and any tools or spare parts used by the owner.
- Lost or Damaged Equipment:
- The owner is liable for fair wear and tear of the equipment.
- The hirer is responsible for the costs incurred by any loss or damage to the equipment whatsoever and howsoever caused as from the time the equipment leaves the owner’s premises or possession, whether the hirer has entered into possession of same or not or if the equipment is in transit or in the possession by a third party on the hirer's behalf, which third party shall be deemed to be acting as an agent for the hirer. In particular and without limiting the generality of the aforementioned, the hirer is liable for malicious or accidental damage caused to the equipment by the public at large, for theft, burglary, impact, power surge, fire, water or any other mechanical or chemical process or act of God, whether caused by the hirer or his agent’s own act or omission or by any faults in the vehicles transporting the equipment or by any faults at the venues at which the equipment is being used or any other cause whatsoever.
- Return of Equipment:
- The equipment shall be returned to the premises of the owner during normal business hours, at the end of the stated hire period; or otherwise as agreed in writing.
- In the event of a late return of the equipment, a penalty is applicable for each day that the equipment is not returned in addition to “the hire cost”. The penalty is calculated by multiplying the daily hire rate by two and by adding any additional costs directly related to the late return such as labour and loss of use of the owner’s.
- Repossession of Equipment:
The owner may repossess the equipment at any time at his sole discretion if deemed so necessary and the hirer shall on being so required by the owner, return the equipment to the owner if:
- the hired equipment is in any way damaged or;
- the hirer is in breach of any term or condition of this Hire Agreement.
- Owners Representations:
The owner is in no way liable for any direct, indirect, consequential, incidental, special or punitive damages arising in any way whatsoever out of this Agreement.
- Personal Injury and Death:
From the time when the equipment is received by the hirer or shall leave the premises of the owner for delivery to the hirer or is in transit or shall come into the care of the hirer or his agents and until the equipment is returned to the owner’s premises, the hirer is responsible for any injuries or deaths to any persons or any damage caused to or caused by said equipment, no matter how or by whom such injuries, death or damage shall be caused. The hirer will keep the owner indemnified against any claims of any kind whatsoever and howsoever arising in connection with such injuries or death or any such damages.