TERMS & CONDITIONS
1. Delivery and removal of equipment: The Hirer authorizes the Owner to bring its vehicle onto his property to deliver and to recover the equipment at the end of hire. The Owner shall not be responsible to the Hirer nor third parties for any damage that may be done to driveways or underground services by any reason of the weight of the vehicle. Collection and Delivery requirements to be requested at time of ordering. All cartage charges are to be paid by the Hirer. Equipment must be packed up, ready for loading, and assistance rendered to the Owner's driver if more than one person is required to load it. Client is still responsible for equipment until picked up from site by Miharo Bean Bag Hire Limited.
2. Hire Period: Hiring commences from the requested date which is the date the equipment leaves the Owner's store. The hiring shall terminate on the date stated by the Hirer on his or her contract form. By that date the equipment is to be delivered back into the Owner's store following collection by the Owner's vehicle.
3. Owner’s right to hire: (a) The Owner may terminate the hire at any time without reason by giving the Hirer 48 hours written notice. Such notice may be given either by email, personal delivery or by post to either the job address or any other address of the Hirer specified on the face of this agreement. In the case of notices posted to the Hirer the period of notice shall commence to run from the time at which the notice would have been delivered in the ordinary course of the post. The Owner shall not be responsible to the Hirer for any loss arising as a result of such termination. (b) Not withstanding termination of the hire the Hirer shall be obliged to pay the Owner a sum equivalent to hire fees at the rate specified herein in respect of any period from the date of termination of the hiring until the equipment is actually returned to the Owner's store.
4. Hiring Charges: Equipment is hired on an 8 hour business day rates, this is considered to be Miharo Bean Bag Hire Limited's daily rate. In the absences of special arrangements to the contrary equipment is hired on a daily rate. The minimum charge for any hiring will be the rate for one day irrespective of the length of hire. All Reservations/Contracts are subject to Miharo Bean Bag Hire's Terms and Conditions of Hire whether or not this document has been signed. Public Holiday Surcharge of $80 will be payable upon delivery.
5. Payment: (a) Unless the Hirer operates a credit account with the Owner, payment is required before hiring commences. This payment will consist of the estimated total charges. (b) The Hirer by accepting the goods or services agrees to the terms and conditions as laid down by the Owner and agrees to pay any costs of collection and all legal fees incurred by the Owner in the event of legal action becoming necessary. (c) Where the Hirer operates a credit account with the Owner payment is due on the twentieth day of the month after the date of invoice. Where payment is not made by the due date, the Owner reserves the right to cancel the booking. The Owner reserves the right to suspend the Hirers Credit Facility for non payment. The Hirer by accepting the goods or services agrees to the Terms and Conditions of Hire as laid down by the owner and agrees to pay any costs of collection and all legal fees incurred by the Owner.
6. Care of Equipment and Breakdowns: (a) The Hirer shall take proper care of the equipment and shall indemnify the owner against any damage or loss or from theft. The Hirer must reimburse the owner in full for any damage or loss immediately upon termination of hire. (b) The Hirer warrants that he is competent and qualified to use the equipment in the way or which it is designed. (c) Breakdown resulting from misuse shall not in any circumstances shorten the period of hire. (d) It is the Hirers responsibility to satisfy himself that the equipment is suitable for the work intended and that it is used in a way that complies with all statutory requirements. (e) The equipment does not purport to be new stock or equal to new, but when sent out all items are understood to be in good condition and fit for normal use. (f) The Owner is not liable for any loss suffered by the Hirer or liability incurred by the Hirer as a result of the breakdown of the equipment howsoever caused. In the event of breakdown the Hirer must immediately notify the Owner by telephone.
7. Injury, Damage or Death to Hirer or Third persons or Property: The Hirer shall not have any claim against the Owner for loss or damage suffered by the Hirer as a result of the Hirer's use of the equipment and further the Hirer will indemnify the Owner against any claim by a third person in respect of any loss, injury, death or liability arising from this hiring or arising out of the use of the equipment hired by the Hirer.
8. No assignment of hire agreement: The hirer shall not sublet the equipment to any other person but this shall not prevent employees of the hirer using the equipment in conformity with this agreement.
9. No warranties by owner: The Owner makes no warranty or representations as to the state, quality or fitness of the equipment for any purpose and no such warranty shall be implied by the description of the equipment on the face of this form. All implied warranties and conditions as to the state, quality, or fitness of the equipment for any purpose are hereby excluded.
10. The person signing or accepting this document for and on behalf of the Hirer (if not personally the Hirer) warrants that he has the authority of the Hirer to make this contract on the Hirer's behalf and that he is empowered by the Hirer to bind the Hirer to this agreement. The person so signing hereby indemnifies the Owner against all losses and costs that may be incurred by the Owner arising out of the person so signing the agreement failing to have such power of authority.
11. The Hirer shall forthwith on request by the Owner advise the Owner of the whereabouts of the equipment and allow the Owner or its agent or servants reasonable time to inspect and test the equipment and for such purposes the Hirer hereby gives irrevocable leave and license to the Owner its servants and agents to take possession of the equipment remove the same and to enter upon any premises where the equipment or any of the same or any part thereof may be.
12. In the case of a person entering into this contract in a private capacity as Hirer, the Hirer by entering into this contract hereby authorizes the disclosure of personal information regarding their creditworthiness by any other party to the Owner and that this personal information may be used by the Owner to advise the Hirer of the Owner's other goods and services. The Hirer has rights of access to and correction of personal information contained in this contract subject to the provisions of the Privacy Act 1993.
13. Termination: In the event of a forced majeure that either Owner is unable to perform their obligations under the terms of the Agreement because of acts of God, strikes Pandemics, equipment or transmission failure or damage reasonably beyond its control or other causes beyond its control Owner shall not be deemed liable. Miharo Bean Bag Hire Limited will retain the all monies paid with no refund to the hirer.
14. Quotation: Where a quotation is given by Miharo Bean Bag Hire Limited for goods and services: The quotation shall be valid for 1 days from the date of issue and the quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary. Where goods and services are required in addition to the quotation the customer agrees to pay for the additional cost of such goods and services. A deposit is required on confirmation of order.
15. Return of Equipment: The Hirer or his authorized agent must be present when the owner’s staff check the equipment back into the possession of the owner. If the hirer fails to be present he shall not be entitled to subsequently dispute the amount of, or condition of, the equipment recorded in writing as returned by the owner at the time of return.
16. Disputes: No claim relating to goods and services will be considered unless made within seven (7) days of completion of goods and services.