EQUIPMENT
HIRE RENTAL
This Equipment Rental Agreement ("Agreement")
is made
between
Virtual Dream PTY LTD (629 542 552) of,
Brisbane, Queensland, 4000 ("Owner")
and
("Hirer").
BACKGROUND
(A)
The Owner
is the proprietor of the equipment listed in the Schedule to this Agreement ("Equipment").
(B)
The Hirer
will hire the Equipment specified in the Schedule from the Owner upon the terms
and conditions in this Agreement.
OPERATIVE PROVISIONS
1.
Hire of
Equipment
(a)
The hiring
of the Equipment will commence from the commencement date specified in the
Schedule and continue for the term specified in the Schedule.
(b)
The Hirer
is entitled to use the Equipment for the hire period as outlined in the
Schedule ("Hire Period") and for any agreed extension of the period.
(c)
The Hirer
agrees to return the Equipment to the address of the Owner on or before the end
of the Hire Period as outlined in the Schedule.
(d)
The Owner
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 reason.
2.
Payment for
rental
(a)
The Hirer
agrees to pay the Owner the hire fee specified in the Schedule ("Hire
Fee") for the Equipment for the Hire Period, which includes any applicable
GST.
(b)
The Hire
Fee must be paid to the Owner prior to or on the commencement date of the Hire
Period.
3.
Use, operation and maintenance
(a)
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.
(b)
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, respecting the Equipment and
with any applicable law, whether local, state or federal respecting the use of
the Equipment, including, but not limited to, environmental and copyright law.
(c)
The Hirer
will use the Equipment for the purpose for which it was designed and not for
any other purpose.
(d)
The Hirer
agrees to comply with all occupational health and safety laws relating to the
use of the Equipment and related operations.
(e)
The Hirer
must ensure the Equipment is returned to the Owner thoroughly cleaned. In the
event that the Equipment is not thoroughly clean when returned to the Owner,
the Hirer will pay the Owner the reasonable cost for cleaning the equipment.
(f)
The Hirer
must ensure the Equipment is returned to the Owner thoroughly cleaned. In the
event that the Equipment is not thoroughly clean when returned to the Owner,
the Hirer will pay the Owner the reasonable costs for cleaning the Equipment.
(g)
Unless the
Hirer obtains the prior written consent of the Owner, the Hirer must not alter,
modify or attach anything to the Equipment unless the alteration, modification
or attachment is easily removable without damaging the functional capabilities
or economic value of the Equipment.
4. Hirer's
warranties
The
Hirer warrants that:
(a)
the
Equipment will be used in accordance with the conditions outlined in the Schedule;
(b)
the
particulars in the Schedule are correct in every respect and are not misleading
in any way including, without limitation, by omission;
(c)
the Hirer
holds a valid current driver's licence, operating licence or permit valid for
the type of Equipment hired;
(d)
the
Equipment will not be used for any illegal purpose;
(e)
the Hirer's
vehicle is suitable for towing or transporting the Equipment;
(f)
the Hirer
will not, without prior written consent of the Owner, modify, or permit any
modification of, the Equipment in any way;
(g)
the Hirer
agrees that the Equipment complies with its description, is in merchantable
condition and is fit for the Hirer's purpose; and
(h)
The Hirer
will not encumber the Equipment or allow the Equipment to be encumbered or
pledged as security in any manner.
5. Taxes
(a)
The Hirer report and pay all taxes, fees and
charges associated with the Equipment, with the use of the Equipment, and with
revenues and profits arising out of the use of the
Equipment, including, but not limited to,
sales taxes, property taxes, and licence and registration fees.
(b)
The Hirer
will pay any and all penalties and interest for failure to pay any tax, fee or
charge on or before the date on which the payment is due. The Hirer will pay
any and all penalties and interest for failure to report required information
to any taxing authority with jurisdiction over the Hirer or the Equipment. If
the Hirer fails to perform the obligations in this clause, the Owner may, but
is not obligated to, do so at the Hirer's expense.
(c)
Notwithstanding
any other provision of this Agreement, the Hirer will not be required to pay
any tax, fee or charge if the Hirer is contesting the validity of same in the
manner prescribed by the legislation governing the imposition of same, or in
the absence of a prescribed form, in a reasonable manner. However, the Hirer
will indemnify and reimburse the Owner for damages and expenses incurred by the
Owner arising from or related to the Hirer's failure to pay any tax, fee or
charge, regardless of whether the Hirer is contesting the validity of the same
or not.
(d)
If the
Hirer fails to pay any and all taxes, fees, and charges mentioned in this
Agreement and the Owner, on behalf of the Hirer, pays the same, the Hirer will
reimburse the Owner for the cost upon notification from the Owner of the
amount.
6. Indemnity
(a)
The Hirer
will indemnify and hold harmless the Owner against any and
all claims, actions, suits, proceedings, costs, expenses, damages and
liabilities, including attorney's fees and costs, arising out of or related to
the Hirer's use of the Equipment.
7. Loss, damage or
breakdown of Equipment
(a)
The Hirer
will be responsible for any loss or damage to the Equipment irrespective of how
the loss or damage occurred (normal wear and tear excepted) during the Hire
Period.
(b)
If there is
a breakdown or failure of the Equipment, then the Hirer must return the
Equipment to the Owner at the Hirer's expense and the Hirer must not attempt to
repair the Equipment.
8.
Insurance
The Owner
will maintain current insurance policies in respect of the Equipment to its
full insurable value.
9.
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 howsoever
arising from the Hirer's possession, use, maintenance, repair
or storage of the Equipment.
10.
Disclaimer
To the
extent permitted by law the Owner disclaims all liability for and does not give
any warranties to the Hirer as to the condition of the Equipment.
11. Title
(a)
The Hirer
acknowledges that the Owner retains title to the Equipment and that the Hirer
has rights to use the Equipment as a mere bailee only. The Hirer does not have
any right to pledge the Owner's credit in connection with the Equipment and
agrees not to do so.
(b)
The Hirer
agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge,
mortgage let or hire or otherwise part with or attempt top part with personal
possession or otherwise not to deal with the Equipment and not to conceal or
alter the Equipment or make any addition or alteration to, or repair of, the
Equipment.
12. Repossession
(a)
The Owner
may retake possession of the Equipment if the Hirer breaches any provision of
this Agreement, notwithstanding anything else contained in this Agreement.
(b)
If
repossession occurs, the Owner will only charge the Hire Fee up to and
including the time of repossession.
13. Completion of the Hire Period
The Hire
Period is completed when the Equipment has been returned to the Owner:
(a)
in the same
condition as when it was hired; and
(b)
on or by
the date and time outlined in the Schedule.
14. Default
(a)
The
occurrence of any one or more of the following events will constitute an event
of default ("Event of Default") under this Agreement:
(i)
The Hirer
fails to pay any amount provided for in this Agreement when such amount is due
or otherwise breaches the Hirer's obligations under this Agreement.
(ii)
The Hirer
becomes insolvent or makes an assignment of rights or property for the benefit
of creditors or files for or has bankruptcy proceedings instituted against it
under the bankruptcy law of Australia or another competent jurisdiction.
(iii)
A writ of
attachment or execution is levied on the Equipment and is not released or
satisfied within 10 days.
15. Remedies
(a)
On the
occurrence of an Event of Default, the Owner will be entitled to pursue any one
or more of the following remedies ("Remedies"):
(b)
Declare
the entire amount of the Rent for the Term immediately due and payable without notice
or demand to the Hirer.
(c)
Commence
legal proceedings to recover the Rent and other obligations accrued before and
after the Event of Default.
(d)
Take
possession of the Equipment, without demand or notice, wherever same may be
located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.
(e)
Terminate
this Agreement immediately upon written notice to the Hirer.
(f)
Pursue
any other remedy available in law or equity.
16.
Non-merger
(a)
The
covenants, agreements and obligations contained in this Agreement will not
merge or terminate upon the termination of this Agreement and to the extent
that they have not been fulfilled or satisfied or are continuing obligations
they will remain in force and effect.
17.
Severance
(a)
If
any provision of this Agreement is wholly or partly invalid, unenforceable,
illegal, void or voidable, this Agreement must be
construed as if that provision or part of a provision had been severed from
this Agreement and the parties remain bound by all of the provisions and part
provisions remaining after severance.
18.
Governing law
(b)
This
Agreement will be construed in accordance with and governed by the laws of
Queensland. Each party submits to the non-exclusive jurisdiction of the courts
of Queensland there in connection with matters concerning this Agreement.
19.
Interpretation
(a)
In
this Agreement, unless the context otherwise requires:
(i)
A
reference to the singular includes the plural and vice versa;
(ii)
A
reference to any party to this Agreement includes the party's executors,
administrators, successors or permitted assigns, and where applicable, its
servants and agents;
(iii)
A
reference to an individual will include corporations and vice versa; and
(iv)
If
a word or expression is defined, its other grammatical forms have a corresponding meaning.
(v)
Headings
are for convenience only and do not affect interpretation.
You
are not buying the Equipment. Do not agree to this Agreement before you read
it. You are entitled to a completed copy of this Agreement when you acknowledge
this agreement.