General Terms and Conditions of Hire for Defibrillator units.
a) ‘Company’ means EPIRBhire and its employees and agents.
b) ‘Contract’ means the Contract comprised of the particulars set out on the face of this document.
c) ‘Customer’ means and includes the Company, firm or person, the name of which is set out on the face of this document as the Customer and any person whether as employees, agent or otherwise, who makes this Contract on behalf of such company, firm or person.
d) ‘Equipment’ means the goods specified on the face of this document as the subject of this Contract.
2. Proper Use and Ownership of Equipment.
The Customer shall at all times use the Equipment in a skilful and proper manner for the purposes intended, and in the manner recommended, by the manufacturer. The Customer agrees and acknowledges that at all times the Equipment is and remains the property of the Company. During the period of hire, the Customer shall not sell, lease, pledge, assign, transfer, part with possession of or deal with Equipment in any manner which may affect, directly or indirectly, the Company’s ownership of the Equipment.
3. Customer Acknowledgment of Quality.
The Customer acknowledges having:
a) selected the Equipment without relying on the skill or judgment or any advice from the Company as to the fitness of the Equipment for any particular purposes of the Customer;
b) inspected the Equipment prior to taking delivery of it; and
c) satisfied itself as to the quality and fitness of the Equipment for the purposes of the Customer.
4. Breakdown and Damage.
The Customer shall be responsible for any loss or damage to the Equipment for any reason whatsoever except loss or damage as a result of reasonable wear and tear. In the event of breakdown or failure of the Equipment the Customer shall notify the company and shall return the Equipment to the Company’s or agents premises as soon as practical. On no account shall the Customer repair or attempt to repair or cause someone else to repair the Equipment without the prior written consent of the Company.
The liability of the Company in respect of any matter arising out of the application of Division 2 of Part V of the Trade Practices Act or any other applicable legislation is limited at the option of the Company to:
a) the replacement of the Equipment or the supply of equivalent Equipment; or
b) the repair of the Equipment
and the period of the hiring shall be suspended during the period from return of the defective Equipment to the Company until re-delivery of the Equipment to the Customer in accordance with this clause.
The company will refund at its discretion the downtime value on inspection of the faulty equipment. Should the equipment be faulty due to misuse, the customer will be responsible for the repair costs.
In no other event shall the Company be liable to the Customer on any account whatsoever, whether as a result of wear and tear or any defect in the Equipment or any negligence by the Company, for any loss or damage whatsoever including consequential loss or damage and whether or not foreseeable or contemplated by any of the parties.
Indicative costs to replace equipment.
Defib – HeartSine 350P $1,600 360P $1,600 500P $1,800 (depending on age and condition)
Accessories for Defibrillators
Battery – $250
5. Return of Equipment
The Customer shall return the Equipment to the Company on or before the due date as shown on the invoice in good order and condition, including being properly cleaned.
Po Box 99
BULAHDELAH NSW 2104
Phone : 02 4997 8183
Ph : 0415 263 750
6. Period of Hire
The period of hire shall commence from the time the Equipment is delivered to the Customer and will cease when the Equipment is returned to the Company. The Equipment shall be deemed to have been duly delivered and returned if delivered and returned to the Company’s premises during the Company’s business hours in the manner set out in the invoice. Where the Company agrees in writing that it will accept return of the Equipment other than at the Company’s premises, the Customer shall remain responsible for the Equipment until the earlier of such time as the Company collects the Equipment or the expiry of five (5) days from after the date agreed for collection.
7. Payment of Hiring Charges.
The Customer shall immediately pay to the Company the hiring charges set out on this invoice at the beginning of the period of hire. The Company reserves the right to vary the hiring charges at any time after expiration of the initial period as set out overleaf and any variation shall be effective immediately upon and after notification in writing to the Customer at the Customer’s address or at any place where the Equipment is being used.
The Customer shall pay or reimburse to the Company on demand all stamp duty or other statutory charges payable in connection with the Contract, the cost of all consumable items supplied by the Company used up in the use of the Equipment and the cost of all freight and delivery charges incurred by the Company in the delivery of the Equipment to the Customer or the return of the Equipment to the Company.
For the purposes of re-possessing the Equipment pursuant to this clause, the Company may enter upon or into any premises where the Equipment may be without notice to the Customer
This agreement indemnifies the Company in respect of any claims, damages or expenses arising out of any such action. Repossession of the Equipment by or on behalf of the Company shall be without prejudice to any other rights of the Company arising out of this Contract.
The Company shall hold the deposit as security for the due performance by the Customer of its obligations and may apply the whole or part of the deposit at any time against moneys due but unpaid or any expenses, loss or damage incurred by the Company as a result of a failure by the Customer to perform properly its obligations. Application by the Company of the whole or any part of the deposit pursuant to this clause shall be without prejudice to any other rights of the Company arising out of this Contract.
9. No Assignment of Contract.
This Contract is personal to the Customer and the Customer shall not transfer or assign or purport or attempt to transfer or assign the benefit of this Contract to any other person without the prior written consent of the Company.
10. Customer Authority
The Customer warrants that it has full authority to enter into this Contract for itself and any employer principal or other person named overleaf and that the information set out in this invoice is true and correct.
The company shall not be responsible for damage to person or property including vehicles caused from the use or misuse of hired equipment.
The Customer acknowledges that it has received from the Company advice, information or items (or all of them), which relate to the safe operation and use of the Equipment. To the maximum extent permitted by law, the Customer indemnifies the Company from any loss, claim, expense, damage, cost or proceeding which may arise as a result, directly or indirectly, of the failure of the Customer to act in accordance with that advice or information and or to use in a proper manner as specified by the Company those items or any of them. Apart from the advice, information or items referred to in this Clause, the Customer acknowledges that in connection with the Equipment and its use, it is solely responsible for obtaining all advice or information necessary for the safety of and the safe use of the Equipment and for the provision and proper use of all items, tools, plant or other devices necessary for the safe use of the Equipment.