| Inspection
and Warranty |
| 1. |
The Hirer acknowledges that he/she has inspected
the goods and
- is satisfied that the goods are in
clean condition and in good and substantial order, repair
and condition and
- is aware of the proper use for which
the goods are designed.
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| 2. |
Notwithstanding anything herein contained the Hirer hereby
acknowledges that no warranty or condition express or implied
is given by Bravo Hire as to the condition of the goods or as
to the suitability or fitness of the goods for any purpose.
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| Charges
and Terms |
| 3. |
The Hirer will pay the charges at the rate and in the manner
specified from the commencement date of the hire until the goods
are returned to the premises of Bravo Hire in a clean condition
in good and substantial working order and repair as suitable
for rehire. If the goods are not returned in this condition
then the hire shall continue until the goods are restored, compensation
being in accordance with Clause 14. |
| 4. |
In the event of the Hirer requesting Bravo Hire to transport
the goods to or from the Hirer’s premises the Hirer shall
pay Bravo Hire all charges and expenses in addition to the hire
charges. Hire charges, delivery and collection charges or other
charges where applicable are payable on a strictly net cash
base unless otherwise specified. |
| 5. |
The hiring is personal to the Hirer and the rights of the
Hirer are not assignable to any person or persons or company
whatsoever. |
| 6. |
Unless otherwise stated the words ‘the Hirer”
includes the servants, agents and contractors of the Hirer. |
| 7. |
It is the Hirer’s responsibility to check quantities
delivered and no claim for shortages or misdeliveries will be
recognised unless notified in writing within 24 hours of delivery.
Unless Bravo Hire receives such a claim then the Hirer acknowledges
that the goods delivered were those listed. |
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| Maintenance
and Breakdown |
| 8. |
The Hirer will use the goods in a skilful and proper manner
and for the purpose for which such goods were designed and he
will comply at his own expense with all notices, directions
and legal requirements of all government authorities, Acts of
Parliament and regulations in any way relating to the goods.
The Hirer warrants that he is fully aware of the correct procedures
for the use of the goods and is satisfied that the goods are
adequate for their intended use and acknowledges receipt of
safety instructions for the operation of the goods. |
| 9. |
The Hirer will:
- Keep and maintain the goods in a clean
condition and good substantial working order and repair
- Service the goods at its own expense,
in a skilful and proper manner and supply all oil and grease
necessary for service and maintenance
- Repair all punctured tyres at its own
expense and in the event of a tyre being damaged beyond
repair replace the said tyre with a new tyre of similar
specifications
- Supply at its own expense all fuel
necessary for the operation of the goods
- Give Bravo Hire access to the goods
for inspection at any reasonable time and without Bravo
Hire giving prior notice in that regard.
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| 10. |
In the event of any breakdown or failure
of the goods the Hirer will not have any repairs effected
thereto by any person other than an employee of Bravo Hire
or such person as Bravo Hire may nominate |
| 11. |
In the event of a breakdown or failure which in the opinion
of Bravo Hire is caused by fair wear and tear Bravo Hire will
at its own expense restore the goods to working order as quickly
as is reasonably possible. |
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| Loss
Damage and Cleaning |
| 12. |
If upon return of the goods they are found not to be in a
clean condition and/or not in good and substantial order and
repair the Hirer shall pay Bravo Hire the cost and expenses
of restoring the goods to clean condition and/or good and substantial
order and repair. |
| 13. |
The Hirer accepts full responsibility to compensate Bravo
Hire for the value of the goods or parts thereof which may become
lost or stolen from the time of commencement of the hire until
the goods are returned to Bravo Hire’s premises or collected
by Bravo Hire. Bravo Hire will not be responsible for delays
in deliveries and pick ups. This right shall not be prejudiced
by or prejudice any other right under this agreement. |
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| Removal
and Returns |
| 14. |
Compensation to Bravo Hire for goods not returned in the
condition specified in Clause 3 shall be calculated at:-
- The replacement cost of such goods
or
- The cost of labour and material necessary
to restore the goods to a clean condition and good and substantial
repair and working order and repair as suitable for rehire
at the election of Bravo Hire.
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| 15. |
Notwithstanding anything herein contained it is expressly
understood by the Hirer that the onus rests with the Hirer to
ensure that the goods are returned to Bravo Hire’s premises
at the expiration of the hire. Bravo Hire will not be responsible
for delays in deliveries and pick ups. |
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| Access
& Repossessions |
| 16. |
The Hirer grants Bravo Hire its employees and agents the right
to repossess the goods at any time without notice and authorises
Bravo Hire its employees and agents the right to enter any premises
where the equipment is located for these purposes. |
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| Indemnity |
| 17. |
The Hirer indemnifies and holds indemnified Bravo Hire from
all claims actions suits demands costs and expenses in any way
arising from the use of the goods between the commencement of
the hire and the return of the goods to Bravo Hire whether caused
by the negligence of the Hirer his servants or agents or by
the negligence of any other person whatsoever or arising from
the condition of the goods or the use to which they are put
or otherwise whatsoever. |
| 18. |
This agreement may be terminated by Bravo Hire giving the
Hirer 24 hours notice. |
| 19. |
If the Hire makes default in the observance or performance
of any of the above terms and conditions Bravo Hire may without
notice to the Hirer determine the hiring and take possession
of the goods. For that purpose the Hirer hereby authorises Bravo
Hire its servants and agents to enter upon any premises in the
occupation of the Hirer to search such premises and remove the
goods there from. |
| 20. |
Notwithstanding anything herein contained Bravo Hire shall
not be liable to the Hirer or any person for any loss or damage
to any person or property occasioned by the use or operation
of the goods whether such loss or damage is occasioned by the
defect or wear of the goods or otherwise. |
| 21. |
In the event of any dispute or difference including all financial
disputes between the Hirer and Bravo Hire arising out of the
contract and the Terms and Conditions of Hire either party may
give to the other written notice identifying that dispute or
difference and after the expiry of seven (7) days of the giving
of that notice that dispute or difference (unless settled) shall
be and is hereby referred to the arbitration of a single arbiter
appointed by the Master Builders Association of W.A. The decision
of such arbiter shall be final. |
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| Sale
of Goods |
| 22. |
The property in goods sold remains
with Bravo Hire until this invoice is paid in full. |
| 23. |
All of the above conditions where applicable
to the sale of goods including Clause 21 shall apply.
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