Recitals:
R1. The Owner is the proprietor of the communication equipment device and its accessories (Equipment) listed in item 1 in the Schedule.
R2. The Hirer agrees to hire the Equipment on the terms and conditions specified in this Agreement.
Operative Part
- Definitions
In this Agreement, the following definitions apply:
- a) Agreement means this agreement;
- b) Hire Period means the period set out in item 3 in the Schedule;
- Hire of Equipment
2.1 The hiring of the Equipment will commence from the commencement date specified in item 2 of the Schedule.
2.2 The hiring of the Equipment will continue for the term specified in item 3 of the Schedule.
2.3 The Hirer is entitled to use the Equipment for the Hire Period and for any agreed extension of the Hire Period.
2.4 The Hirer agrees to return the goods to the address of the owner on or before the end of the Hire Period by either of the return methods specified in item 4 of the Schedule.
2.5 The Owner will not refund any hire charge monies if the Hirer elects to return the Equipment prior to the end of the Hire Period, regardless of reason.
- Hirer’s Details
3.1 The Hirer warrants that the Hirer’s Details are true, correct and current.
3.2 In the event that the Hirer’s Details change, the Hirer is responsible for notifying the Owner by email to the following email address – info@wifi2go.com.au.
- Payment for rental
4.1 The Hirer will pay the deposit specified in item 5 of the Schedule
4.2 Whenever applicable, the deposit must be paid by the date specified in item 6.
4.3 The Hirer agrees to pay the Owner the hire fee specified in item 7 of the Schedule.
4.4 The hire fee must be paid to the Owner prior to or on the Commencement Date.
- Use, operation and maintenance
5.1 The Equipment shall not be used by anyone other than the Hirer without the express permission of the Owner.
5.2 The Hirer agrees to operate, maintain and store the Equipment strictly in accordance with any instruction provided by the Owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations supplied by the Owner.
- Hirer’s warranties
6.1 The Hirer warrants that:
- a) The details under “Hirer’s Details” are correct at all times and will be updated by the Hirer if the details change;
- b) the Equipment will be used in accordance with the conditions outlined in this Agreement;
- c) the particulars are correct in every respect and are not misleading in any way;
- d) the Equipment will not be used for any illegal purpose;
- e) the Hirer will not, without prior written consent of the owner, modify, or permit any modification of, the Equipment in any way; and
- f) the Hirer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose.
- Loss, damage or breakdown of plant and equipment
7.1 The Hirer will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred during the Hire Period.
7.2 If there is a breakdown or failure of the Equipment then the Hirer shall return the Equipment to the Owner at the Hirer’s expense and the Hirer shall not attempt to repair the Equipment.
7.3 If the Equipment is damaged during the Hire Period, the Hirer will pay the Repair Cost or Replacement Cost specified in Item 8 in the Schedule.
- Limitation of liability and Indemnity
8.1 The Hirer will assume all risks and liabilities for and in respect of the Equipment during the Hire Period.
8.2 To the full extent permitted by law the Hirer releases, discharges and indemnifies the Owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the Equipment during the Hire Period.
- Cancellation, Termination and Cancellation Fees
9.1 The Owner is entitled to terminate this Agreement with immediate effect upon 24 hours’ notice if any of the following occur:
- a) if any information provided by the Hirer in this Agreement is false;
- b) in the event of a breach of clause 5, 10.2 or 10.3;
- c) if the Hire Period passes without notice;
- d) if the Hirer does not return the Equipment by the Return Date.
9.2 If any of above is applicable, the Owner will be entitled to charge the cancellation fee contained in item 9 of the Schedule.
- Title to goods
10.1. The Hirer acknowledges that the owner retains title to the Equipment and that the Hirer has rights to use the Equipment under the terms of this Agreement and for the Hire Period only.
10.2. 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 to part with or otherwise deal with the Equipment.
10.3. The Hirer agrees not to conceal or alter the goods or make any addition or alteration to, or repair of, the Equipment.
- Repossession
11.1. The Owner may, on demand, retake possession of the Equipment with if the Hirer breaches any provision of this Agreement.
11.2. If repossession takes place, the Owner shall only charge the hire fee up to and including the date of repossession.
- Completion of the Hire Period
12.1. 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 Return Date.
12.2. The Owner will be entitled to continue to charge the Hire Fee if the Equipment is not returned in accordance with this clause.
General
- Non-merger
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.
- Severance
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.
- Governing law
This Agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.
- Counterparts
This Agreement may be executed in any number of counterparts and all such counterparts when executed and taken together will constitute this Agreement.
- Interpretation
17.1 In this Agreement, unless the context otherwise requires:
- a) A reference to the singular includes the plural and vice versa;
- b) 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;
- c) A reference to an individual shall include corporations and vice versa; and
- d) If a word or expression is defined, its other grammatical forms have a corresponding meaning.
17.2 In this Agreement, headings are for convenience only and do not affect interpretation.
By clicking ticking the Terms & Conditions box on the registration form and submitting the registration form, I confirm that I agree to the terms and conditions of the hire of the Equipment.
