Cloud9 Equipment Hire Agreement
Hire of Equipment
The hiring of the Equipment will commence from the commencement date specified in the Hire Period and continue for the term specified.
The Hirer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these Terms if they place an order to hire the Equipment.
The Hirer is entitled to use the Equipment only for the specified dates and for any agreed extension of the period.
The Hirer agrees to return the Equipment to the address of Cloud9RS on or before the end of the Hire Period unless otherwise agreed in writing between the parties.
If the Equipment is to be dropped off and/or picked up by Cloud9rs, a delivery fee may apply.
Cloud9RS will not refund any Hire Fee monies if the Hirer elects to return the Equipment prior to the end of the Hire Period, regardless of the reason.
Use, Operation and Maintenance
The Hirer agrees that the use of the Equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.
The Equipment must not be used by anyone other than the Hirer. The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations and with any applicable law, whether local, state or federal regarding the use of the Equipment, including, but not limited to, environmental and copyright law.
The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
The Hirer agrees to comply with all occupational health and safety laws relating to the use of the Equipment and related operations.
The Hirer must ensure the Equipment is returned to Cloud9RS in the same condition as it was provided by Cloud9RS at the start of the Hire Period. Cloud9RS will take detailed photos prior to releasing the Equipment, as a reference upon return, to identify any damage by the Hirer.
Unless the Hirer obtains the prior written consent of Cloud9RS, the Hirer must not alter, modify or attach anything to the Equipment.
The Hirer agrees that:
(a) the Hirer will protect and secure the Equipment throughout the Hire Period . The Hirer will retain possession, not remove or allow the Equipment to be removed from the location stated in the Terms without Cloud9RS’s written consent.
(b) the Hirer shall indemnify Cloud9RS against all costs, losses and liability due to damage, loss or incident relating to the Equipment during the Hire Period, including the Hirer’s breach of the Terms, loss of possession, theft, vandalism, negligence, legal process or otherwise.
Hirer’s Warranties
The Hirer warrants that:
(a) the Equipment will be used in accordance with the conditions outlined in this Agreement;
(b) the Equipment will not be used for any illegal purpose;
(c) the Hirer’s vehicle is suitable for transporting the Equipment;
(d) the Hirer will not, without prior written consent of Cloud9RS, modify, or permit any modification of, the Equipment in any way;
(e) the Hirer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose;
(f) the Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
(g) the Hirer agrees that in the event of rain or inclement weather, the Equipment will be kept indoors and not exposed to any damaging weather conditions.
Loss, Damage or Breakdown of Equipment
The Hirer will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred (normal fair wear and tear excepted) during the Hire Period.
In the event the Hirer returns the Equipment damaged or lost, the Hirer will be liable for a set Damage Excess Fee of $2000.00 AUD.
If there is a breakdown or failure of the Equipment, then the Hirer must immediately notify Cloud9RS and return the Equipment to Cloud9RS at the Hirer’s expense and the Hirer must not attempt to repair the Equipment.
Liability
The Hirer will assume all risks and liabilities for and in respect of the Equipment and for all injuries to or deaths of persons and any damage to property however arising from the Hirer’s possession, use, maintenance, repair or storage of the Equipment.
The assumed risks and liability mentioned in clause (a) includes, but is not limited to:
(a) Death and/or injury;
(b) Electrocution;
(c) Damage to property;
(d) Damage to Equipment;
(e) Theft or attempt of theft;
(f) Failure of contract performance;
(g) Instances where the Hirer or any associated party sells the equipment without the consent of Cloud9RS;
(h) Fraud or fraudulent misrepresentations;
(i) Paint, adhesive or any other corrosive material found on the equipment arising from the Hirer’s use, possession, repair or storage of the Equipment.
To the extent permitted by law Cloud9RS disclaims all liability for and does not give any warranties to the Hirer as to the condition of the Equipment.
Payment for Rental
The Hirer agrees to pay Cloud9RS the Hire Fee specified for the Equipment for the Hire Period, which includes any applicable GST.
The Hire Fee must be paid in full to Cloud9RS within 14 days of the end of the Hire Period, unless otherwise agreed between the parties.
Equipment not returned on time and in accordance with this Agreement may be subject to a continuance of the agreed hire at a daily rate until return is complete.
If the Hirer cancels a minimum of 14 days prior to the commencement of the Hire Period, Cloud9RS will refund the total monies paid by the Hirer.
If the Hirer cancels within 14 days, up to 72 hours before commencement of the booking, 50% of the total booking must be paid to Cloud9RS.
If the Hirer cancels within 72 hours of commencement of the booking, 100% of the total booking must be paid to Cloud9RS.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposed or representations, written or oral, concerning its subject matter.