Australasia Scales Pty Ltd Hire Terms and Conditions:
Goods to be Hired
In this agreement "Goods" means and includes the equipment, attachments, accessories and other items hired by this agreement and described herein.
Maintenance and Operating Practices / Application / Costs
All service & preventative maintenance is to be conducted every 3 months to keep the equipment in good condition and working order at all times, chargeable to the Hirers account. The goods are to be operated within the equipment's design capability and the cost of any operational misuse is to the Hirers account.
Equipment Inspection and Repairs
Australasia Scales Pty Ltd reserves the right to have an appointed representative inspect the equipment at any time and advise of any repairs necessary to keep the equipment in good working condition. If, after a maximum of 7 days notice in writing of these repairs being required, they are not carried out by the hirer, Australasia Scales Pty Ltd may perform these repairs at the hirer's expense.
The hirer shall not make any modifications to the equipment, unless Australasia Scales Pty Ltd gives written consent before the work is commenced.
Care of Equipment
The equipment is to be maintained in good working order. Any damage sustained through operator misuse, abuse or neglected maintenance will incur restoration costs to the Hirer's account (fair wear and tear on the equipment is excepted as defined by Australasia Scales Pty Ltd). Whilst all electronic equipment used is of high quality and tested rigorously, situations of electronic interference and other events beyond our control such as R.F.I. current ripple, surge and sag, power spikes, welding to installation and lightning strikes are not covered by warranty.
Any government charges such as stamp duty, state, federal taxes (including GST) and or any other government imposed charges whether existing or imposed during the hire period will be additional to the quoted hire rates and will be charged and due for payment by the hirer at the time they are remitted by Australasia Scales Pty Ltd to the particular government body involved or with each hire payment whichever is sooner.
The hirer must supply proof that Public Liability Insurance indemnifying Australasia Scales Pty Ltd (a minimum of $10,000,000.00) and Workers Compensation Insurance are in place for the duration of the hire period. It is the hirer's responsibility to maintain this cover throughout the hire period.
Period of Hire
Hire will commence on the Hire Start Date as agreed and will finish at a time after the minimum agreed upon rental period has elapsed and when one months advance written notice has been received by Australasia Scales Pty Ltd from the hirer or at the conclusion of the date stated. The minimum hire period will be charged in full weekly or monthly lots, regardless of whether the goods are used for a full or part week or month.
All weekly or monthly hire payments are due and payable to Australasia Scales Pty Ltd in advance of the week or month of hire by periodical direct deposit to their nominated account. These amounts will only cease when all the conditions of termination under the hire agreement are satisfied.
The hirer shall at no time sell or offer for sale, assign, mortgage, pledge, underlet, lend or otherwise deal with the equipment or any part or parts thereof or with any interest therein and will keep the equipment in his possession and will not remove the same or any parts thereof from the place where the equipment is being used without the written consent of Australasia Scales Pty Ltd. The hirer will not allow any lien to be created upon the equipment whether for repairs or otherwise and will protect the equipment against distress, execution or seizure and indemnify Australasia Scales Pty Ltd against all losses, costs, charges, damages and expenses incurred in respect thereof.
Australasia Scales Pty Ltd may by notice in writing to the hirer terminate this agreement if at any time it believes it's property or financial interest is in jeopardy or unnecessarily exposed. Upon termination or expiry of this agreement the hirer: Must pay all hire due at the time under this agreement; and promptly return at its own expense the equipment to Australasia Scales Pty Ltd nominated facility. If the Hirer does not return the equipment, Australasia Scales Pty Ltd may repossess and retake the equipment and shall have the right to enter personally or by its agents ( subject to applicable legal restrictions) any building or premises where the equipment may be located. The Hirer must indemnify Australasia Scales Pty Ltd against any costs, claims, proceedings, demands or losses suffered by it while exercising or attempting to exercise these rights.
Except that the goods will be delivered in operating condition and except for warranties or conditions given in writing no warranty or condition expressed or implied is given by Australasia Scales Pty Ltd as to the condition of the equipment or as to the suitability or fitness of the equipment for any purpose. The Hirer shall not be entitled to recover from Australasia Scales Pty Ltd any sum for any delay, inconvenience, loss or damage of any kind due to any accident, breakdown or defect in the equipment or from any other cause whatsoever nor shall Australasia Scales Pty Ltd be liable for any personal injuries or damage to any property arising out of the use of the equipment hereby hired unless it is unlawful to exclude such liabilities. Nothing in this agreement shall exclude, restrict or modify any condition, warranty or liability, where to do so is illegal, or would render any provision of this agreement void. If under the law Australasia Scales Pty Ltd is liable in any manner then the liability is expressly limited to the provision and installation of parts which are found upon inspection to be defective in material or workmanship.
Proof of Debt
A certificate signed by a Manager, Director, or Solicitor of Australasia Scales Pty Ltd stating the amount owing by the Hirer as at any date or dates set out in such certificates or as to any other matter arising hereunder shall in all courts and at all times be prima facie evidence of such facts.