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1. LIABILITY
Except for normal wear and tear of rental equipment
the hirer assumes all responsibility for damage to and/or loss
of rental equipment. MURRAY TREGONNING and ASSOCIATES P/L (hereafter
known as "the company") shall not be liable for any
loss or damage by hired equipment, whether to the hirer or its
property or of any
other person, firm or corporation, nor
shall the company be liable for any delay or failure thereof,
or for any interruption or use of same or loss resulting therefrom.
The company's liability, if any, for furnishing the wrong or
defective equipment to the hirer is limited to
a rebate of the rental charged for such equipment.
The hirer hereby indemnifies the company, its
agents and
employees from liability for any or all losses, damages, injuries,
claims, demands and expenses, including legal expenses of whatsoever
kind or nature arising out of the use and/or condition (including,
with our limitation, latent and other defects, whether or not
discoverable by the company) of the hired equipment.
The hirer must ensure that the equipment is
used in a skilful
and proper manner and only by persons having the appropriate
qualifications and experience and who are familiar with the
equipment, hired equipment must not be used on any abnormal
or hazardous assignment or be taken from the ground other than
on a regular scheduled flight by a recognised airline, taken
aboard ships or boats, etc., or taken out
of Australia without prior consent of the company.
The hirer will not assign, transfer
or sublet its rights under this hire agreement, will not pledge,
lien, mortgage or encumber the hired equipment or its rights
hereunder and the hirer will not permit same
to be subjected to any lien charge
or encumbrance.
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In the event of loss or damage to the hired equipment,
the hirer agrees to
pay the company all costs and expenses of such repair and/or
to pay rental at the current rate prevailing at that time for
such period of time such lost or damaged equipment is repaired
or replaced, up to a maximum of
thirteen weeks, the hirer is advised
to make sure adequate insurance
cover is obtained to cover
this instance.
The hire charge for equipment and
the hirer's liability for physical loss
or damage thereto commence when
the equipment leaves the company's premises and terminate when
it is returned there.
2. INSURANCE
Insurance for full replacement value
ex MURRAY TREGONNING and ASSOCIATES P/L is the
responsibility of the hirer. Where insurance cover is to be
arranged
under the company's own insurance policy, a charge will be made
by the company to the hirer accordingly. MURRAY TREGONNING and
ASSOCIATES P/L will charge 5% of
the hire fee for insurance and the hirer is responsible for
the first $5,000.00 excess on any one claim. Where insurance
is required for equipment hired for use outside Australia, a
figure will be quoted based upon
length of hire and destination, the above excesses will apply.
It is emphasised that not withstanding any such
insurance which may be in force, clients remain liable for all
risks
of loss or damage (including, for example, war risks) while
the
equipment is in possession without limitation. The hirer should
bear in
mind that the company's insurers, in common with other insurers,
will not underwrite the consequences of
failure to take reasonable precautions for the safety of equipment.
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The insurance does not cover for example, misuse,
mechanical or electrical derangement, confiscation by customs
or other authorities, equipment left unattended, i.e. in
an unlocked vehicle, failure to take reasonable safety precautions
for the equipment.
3. CANCELLATIONS
Should you need to cancel your booking, a minimum
of 24 hours notice must be given, otherwise the booking shall
be paid for in full.
You may reschedule a booking with
a minimum of four hours notice at no charge. Bookings involving
air travel or overnight stays must be cancelled with a minimum
of 48 hours notice.
4. STAMP DUTY
Victorian and New South Wales
State Government Stamp Duty on
all equipment hire is payable by all hirers including both State
and Commonwealth Government departments, institutions, corporations
and commissions. In Victoria this rate is at .75% of the equipment
total and in New South Wales this rate is 1.5% of the equipment
total.
5. TERMS
Strictly nett, payable in full on
receipt of invoice. Credit can be arranged on approval to customers,
overdue accounts will incur a
finance of 2% per month - 24%
per annum. Credit is seven days
from invoice date.
The hirer accepts the above undertakings on
behalf of the company in full discharge and satisfaction of
all or any rights or claims against the company in respect of
any defect in the equipment and agrees that the company shall
be limited as herein before mentioned. All other terms, warranties
or conditions whether express or implied by statutory instrument,
custom of the trade
or practice or in any other way whatsoever are hereby
expressly excluded.
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