daily rate will be made each day including the specified date and each day thereafter in respect of late returns.
- The Hirer agrees to return all leads and cables neatly rolled and acknowledges that a fee will be charged by the Company for failure to comply.
- The Hirer is hereby obligated to report any shortage/damage/malfunction in the equipment to the Company not later than upon return of the equipment to the Company.
- The supply of equipment and any services in relation thereto (including any subject to service or maintenance charges in respect of longer term periods of hire) shall be subject to availability and be at the discretion of the Company.
- The Hirer acknowledges that all conditions and warranties which may be implied in relation to the supply of goods or services by the Company to the Hirer by virtue of the Trade Practices Act 1974 as amended and the provisions of any other applicable law of Australia and the State of Australia are to the extent permitted by those Acts and by the law excluded and negated. Without limiting the foregoing the liability of the Company for a breach of a condition or a warranty implied by the Trade Practices Act including any consequential loss which the Hirer may sustain shall to the extent permitted by the Act be limited to:
(i) in the case of goods, at the option of the Company any one or more of the following (a) the replacement of the goods or supply of equivalent goods
(b) the repair of goods
OR (c) the payment of the cost of having goods repaired (ii) in the case of services at the option of the Company
(a) the supply of the services again
OR (b) the payment of the cost of having the services again
- If any of these terms and conditions, or becomes for any reason, wholly or partly invalid, that term and condition shall to the extent of the invalidity, be severed without prejudice to the continuing force and validity of the remaining terms and conditions.
- These terms and conditions shall be governed by the construed to take in effect in accordance with the laws of the State where the Hirer takes delivery of the equipment.
- Hire charges are subject to change without notice and are quoted in Australian dollars. Unless otherwise specified, quotes given over the phone are only estimates and may not include delivery freight, installation and/or operator fees.
- The Hirer acknowledges and agrees that where the period of hire as described on the face of this invoice exceeds a period of two calendar months then in the event of the Hirer purporting to terminate this agreement before the expiration of the period so described then the Hirer shall pay to the Company liquidated damages as follows namely