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Terms and Conditions
1. DEFINITIONS - In this contract
a. Khaoz Rentals is referred to as the "Owner".
b. The Hirer is the person or company identified as such on the invoice provided hereof and
hereinafter referred to as the "Hirer".
c. The Equipment, unless stated to the contrary, includes all goods, articles, and machinery
supplied by the Owner to the Hirer for a fee pursuant to this contract, such fee set out on the
front page hereof, hereinafter referred to as the "Equipment".
2. USE AND RETURN OF EQUIPMENT
a. The period of hire shall commence at the time and date upon which the Equipment is
delivered to the Hirer and will end at the time and date upon which the Equipment is due for
the return to the Owner as indicated on the front page hereof and if no return time and date is
noted, the return time shall be 24 hours from the time of delivery. During the period of hire,
the Hirer shall be entitled to exclusive possession of the Equipment.
b. At the termination of the period of hire the Equipment shall be returned to the Owner in the
same
condition in which it was received by the Hirer save ordinary wear and tear.
c. The Hirer shall not permit the Equipment to be used outside of NSW.
d. The equipment may not be transported by the hirer. The equipment must remain in the
location the equipment is placed in by the owner upon delivery.
e. Before taking possession of the Equipment, the Hirer shall examine the Equipment to satisfy
himself as to the quality and fitness for the purpose of the Hirer and if the Equipment is in any
way defective or unsuitable for use by the Hirer, the Hirer must return the Equipment to theOwner immediately and the period of hire shall be determined. The Hirer must notify the
Owner in writing detailing any defects or unsuitability of the Equipment. The Hirer
acknowledges that that he in no way relies upon the skill or judgement of or any representation
made by or on behalf of the Owner in respect of the Equipment or its performance.
f. The Owner may notwithstanding the specified period of hire and notwithstanding any waiver
of some previous default immediately terminates the period of hire and repossess the
Equipment where:
i. ii. iii. the Hirer is in breach of any term hereof.
the Hirer does or permits any act or thing whereby the Owner's rights in the
Equipment may be prejudiced.
the Hirer shall become or be made insolvent or bankrupt or make any
arrangement with his creditors, and where the Hirer is a company, is being wound up
iv. the Hirer shall fail to pay charges due within 2 days of the due date.
g. In the event that the Equipment is not returned by the Hirer within 2 days of the expiration
of the hiring period the Owner shall without prejudice to any other rights hereunder be at
liberty immediately to notify the Police of the circumstances and generally to take such action
or proceedings civil or criminal as it may deem necessary for the recovery of possession of the
Equipment and shall not be liable to the Hirer for any loss or damage injury fine or costs
incurred or sustained by the Hirer upon any cause of action whatsoever and the Hirer agrees to
indemnify the Owner in respect of any costs losses or damage arising from any such actions.
h. For the purpose of repossessing the Equipment the Owner may enter any time upon any
premises where the Equipment may be without prejudice to the rights of the Owner, to recover
from the Hirer the Equipment and the Hirer agrees to indemnify the Owner in respect of any
claims damages or expenses arising out of any action taken under this clause.
I, On the Owner repossessing the Equipment the period of hire shall be deemed to be
determined but without prejudice to any claim or demand the Owner may have against the
Hirer in respect of any matter or thing arising out of the hire of this Equipment or under this
contract the Hirer shall pay to the Owner hiring charges at the same rates that appear on the
front hereof for the period up to the return or repossession of the Equipment.
j. The Owner may forfeit any deposit paid by the Hirer in the event of the Equipment not being
returned at the determination of the period of hire and may take such action against the Hirer
for value of the Equipment as at the date of commencement of hire.
3. EQUIPMENT FAILURE
a. In the event of a mechanical failure of the Equipment the Hirer shall forthwith notify the
Owner and shall on no account repair or attempt to repair the Equipment without the prior
consent of the Owner.
b. The Hirer shall make such arrangements for repair or return of the Equipment to the Owner
as the Owner requires.
c. In the event that such break down or failure is caused by reasonable wear and tear and not
by the negligence or misuse of the Hirer shall be determined upon the Hirer completing such
arrangements as provided for in the sub-clause (b) hereof. The Hirer shall not be entitled to
recover from the Owner any sum for any delay, inconvenience or loss of any kind due to any
accident, breakdown or defect in the Equipment or any cause whatsoever.
d. The Equipment is not subject to any warranties, conditions or representation, written or oral,
express or implied except those contained herein and those included or implied by statute and
which may not be excluded by Contract between the Owner and the Hirer.
4. DAMAGE TO EQUIPMENT, INSURANCE AND WAIVER
a. Subject to clause 5 hereof the Hirer shall be responsible to the Owner during the period of
hire or until the Equipment is returned to the Owner for any loss or damage to the Equipment
whether such loss or damage is caused by the negligence of the Hirer its servants or agents or
for any other reason whatsoever.
b. The Equipment is entirely at the risk of the Hirer for the period of the hire. Any insurance for
loss. by theft of or damage to the Equipment is the sole responsibility of the Hirer. If the Hirer
does not have such risks insured, then the Hirer shall pay to the Owner the replacement value
of the Equipment in the event of total loss, whether by theft or damage or shall pay to the
Owner the cost of any repairs which may be necessary to reinstate the Equipment to the same
condition as it was in at the commencement of the period of hire.
c. The Hirer indemnifies and will keep indemnified the Owner in respect of all actions, suits,
claims, demands or expenses of the Hirer of any other person in relation to or arising out of the
use or possession of the Equipment by the Hirer during the period of hire. It is agreed that on
completion of the period of hire the whole or any part of the costs of replacements or repair to
the Equipment shall be deducted from any deposit paid by the Hirer under this contract.
5. DAMAGE TO PROPERTY OF AND INJURY TO THIRD PARTIES
a. In respect of all Equipment, the Hirer shall during the period of hire until the return by the
Hirer and acceptance by the Owner of the Equipment hired be responsible for any loss or
damage to property of or personal injury to third parties resulting from or which is incidental to
the use or possession thereof or for any other reason whatsoever and the Hirer shall indemnifyand keep indemnified the Owner in respect of such actions, claims, demands or expenses of the
Owner or any other person in relation to or arising out of the use of the Equipment under this
contract. Provided however:
i. ii. the Hirer does not in his own name and at the request and cost of the Owner or its
Insurer, bring, defend, enforce or settle all legal proceedings of which the Owner or
its Insurer or some person appointed by the Owner or its insurer shall have sole
conduct as the agent of the Hirer as the Owner, or its insurer may reasonably
require; and
the Hirer does not complete and furnish to the Owner or its insurer such statements,
information and assistance as the Owner or its insurer may require.
6. PAYMENT OF CHARGES
The Hirer shall pay to the Owner on the determination of the hiring period the following:
i. the hire cost indicated on the front hereof which must be paid upon delivery of the
ii. iii. iv. Equipment.
subject to clause 5 the amount of any loss or damage to the Equipment.
cost of freight and other charges whether incurred by the Owner or the Hirer in
respect of delivery or return of the Equipment and such charges shall be in addition
to the time charges shown on the front hereof.
the costs incurred by the Owner in repossessing the Equipment.
7. OCCUPATIONAL HEALTH AND SAFETY
a. The Hirer shall use the Equipment solely for the purpose for which the Equipment are
supplied and in accordance with any limitations on the use of the Equipment arising from any
legislation or the requirements of any Local Regulatory Authority.
b. All safety information provided by the Owner will be conveyed by the Hirer to all persons
responsible for the installation, utilisation or dismantling of the Equipment.
c. The Hirer shall attach and maintain all safety signs supplied with the Equipment in prominent
position of the Equipment or in any other positions as are necessary to bring the signs to the
attention of any users of the Equipment.
d. The Hirer shall at all times comply with any relevant legislation creating occupational health
and safety requirements in connection with the use of the Equipment.
8. FOOD SPOILAGE
The Owner is not responsible for any food damage due to mechanical break-down or power.
9. OWNERSHIP
Ownership of the Equipment, the subject of the hire, at all times remains and vests in the
Owner Khaoz Rentals. This Contract is personal to the Hirer and it cannot be transferred it to
anyone else nor can the Hirer part with possession of the Equipment or any part thereof.
10. SERVICE OF NOTICES
Any notice or letter addressed to the Hirer is validly given if it sent by post addressed to the
Hirer at the address given in the Schedule or the Hirer's last known address or left for the Hirer
at one (1) of these addresses.
11. AMENDMENTS TO THE CONTRACT
No one employed by the Owner or acting as its agent can alter any of these terms and
conditions and the only alterations that will be acknowledged will be written on this Contract
signed by a Director of the Owner.