RENTAL AGREEMENT - TERMS AND CONDITIONS
In this agreement:
‘Company’ means Hydra Investments Pty Ltd – ACN 110 590 200 and its substitutes, successors and permitted assigns;
‘Goods’ means the goods described on the front of this form and any replacement for those goods and includes all accessories and other equipment;
‘GST’ has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
‘Price’ means the Company’s price for the rental as set out on the front of this form;
‘Rental Period’ means the period beginning on the date set out on the front of this form as the Commencement Date and ending on the date set out on the front of this form as the expiry date on which the Goods are redelivered by the Renter or anyone else to the Company or, if the Goods are stolen or damaged beyond repair, the date on which the insurance company confirms that it will accept that the Goods have been stolen or damaged beyond repair; and
‘Renter’ means any person who signs this agreement personally or by an agent.
2. Rental of Goods
The Company agrees to Rent the Goods to the Renter for the Rental Period and the Renter agrees to take the Goods on hire for the Rental Period at the Price for the Goods for that Rental Period, together with any applicable GST, on the terms and conditions set out in this agreement. The Renter is entitled to use the Goods for the Rental Period and for any agreed extension of the Rental Period. The Renter agrees to return the Goods to the address set out on the front of this form at the end of the Rental Period.
3. Payment for rental
The Renter agrees to pay to the Company the Price for the Goods for the Rental Period, together with any applicable GST.
The Renter also agrees to pay any other amounts for any duties, fees, outgoings, penalties, fines, demands, charges or costs imposed by any authority on or in connection with this agreement or the renter’s hiring of the Goods.
The Renter authorises the Company to complete any documents necessary or desirable to enable the Renter to make any payments through any credit card system.
The Company shall be entitled to deduct out of any deposit(s) paid by the Renter, any amount as may be necessary to cover costs still owing on hire/sales or delivery/pick up fees, or for any loss or damage caused to the Goods.
4. Renter’s warranties
The Renter warrants that:
(a) the particulars on the front of this form are correct in every respect and are not misleading in anyway including, without limitation, by
(b) the Renter will not breach any copyright or other restriction in relation to or in connection with, the Goods;
(c) in selecting the Goods the Renter has not relied on the Company’s skill and judgment or on any representations made by or on behalf of
the Company and agrees that the Goods comply with their description, are in merchantable condition and are fit for the Renter’s
5. Renter’s obligations
The Renter will:
(a) keep the Goods in first class condition and only use them as they would be used by a careful and prudent company;
(b) not use the Goods for any illegal purpose;
(c) report any damage to, or loss of, the Goods to the Company immediately such damage or loss occurs;
(d) be liable for any breach of this agreement committed by the Renter’s servants or agents;
(e) maintain the Goods in good order and working condition, fair wear and tear excepted. Replacement parts will be at the Renter’s expense
and the Renter agrees to pay for repairs to damaged Goods;
(f) be liable to pay for any of the Goods lost or stolen during the Rental Period; and
(g) indemnify the Company for any loss (including legal costs) incurred by the Company in relation to any breach of this agreement and for any
liability arising out of any such breach.
The Renter will comprehensively insure the goods for their replacement value.
The Company may retake possession of the Goods if the Renter breaches any provision of this agreement.
The Renter shall permit the Company’s representatives to inspect the Goods during normal business hours. If in the Company’s opinion the Goods are not being maintained in good order the Company may withdraw the Goods and terminate this agreement forthwith.
Following the termination or expiration of this agreement the Company may enter the premises where the Goods are located and remove the Goods. The Renter undertakes to advise the Company in the event of moving to a new place of residence or location of the Goods in any event.
8. Title to Goods
The Renter acknowledges that the Company retains title to the Goods and that the Renter has rights to possess the Goods as a mere bailee only. The Renter does not have any right to pledge the Company’s credit in connection with the Goods and agrees not to do so. The Renter also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the Goods and not to conceal or alter the Goods or make any addition or alteration to, or repair of, the Goods.
9. No waiver
Time is of the essence of this agreement, except that no delay by the Company in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
10. Exclusion of Liability
The Renter agrees to release and forever discharge and indemnify the Company and its employees and agents from and against all actions proceedings, claims demands, costs and expenses whatsoever in respect to any loss or damage of whatsoever nature and howsoever arising in connection with the Goods and/or the use of the Goods by the Renter and/or any person or persons using the Goods and also against all costs, damages and expenses that may be incurred by the Company in defending or setting such actions, proceedings, claims, demands, costs and expenses.
This clause 10 does not seek to exclude the Company from a liability that cannot be excluded under Australian law.
11. Governing law
This agreement will be governed by the law of Western Australia.