Hire Terms and Conditions

1. USE OF EQUIPMENT
The Hirer agrees that the equipment is to be used:-
1.1 In a skilful and proper manner;
1.2 For the purpose and within the capacity for which it was designed;
1.3 For legal purposes or in a legal manner and the Hirer will comply at its own expense with requirements of all Government Authorities in relation to the equipment;
1.4 At the address provided by the Hirer and the equipment is only to be removed from this address for the purpose of returning it to the Owner;
1.5 By the Hirer or suitably competent employees or, with the approval of the owner by a suitably competent, certified or licensed operator.
2. PERIOD OF HIRE
The period of Hire shall commence from
The time when the equipment is delivered to the Hirer, and shall terminate, at the time when the equipment is returned to the Owner.

3. RETURN OF EQUIPMENT AND TERMINATION
The Hirer agrees to return this equipment to the Owner during regular business hours. The Owner may terminate this agreement at its sole discretion and the Hirer authorises the Owner and servants to enter upon such land as may be necessary to recover the equipment.
4. HIRING CHARGES
The Hirer will pay the hire charges at the rate and in the manner specified during the hire period. The Hirer schedule of rates may be subject to alteration by mutual agreement between the Hirer and Owner.
5. DELIVERY, INSTALLATION AND COLLECTION
If the Hirer requests the Owner to deliver, install or collect the equipment, the Hirer agrees to pay to the Owner all of the Owner’s reasonable expenses occurred in complying with this request in addition to the hire charges.
6. LOADING AND UNLOADING EQUIPMENT
The Hirer is responsible for loading and unloading equipment. If an employee of the Owner assists in the loading or unloading of the equipment the Hirer agrees to indemnify the Owner for any property damage or personal injuries in relation to this assistance whether or not due to negligence.
7. EQUIPMENT MAINTENANCE
The Owner agrees to undertake all repairs required, including parts and labour when necessary.
8. EQUIPMENT FAILURE
If equipment becomes unsafe or in a state of disrepair, the Hirer agrees to immediately discontinue use of equipment and to notify the Owner immediately. The Hirer will on no account attempt to repair the equipment without the consent of the Owner. The Owner shall in no circumstances be liable for any loss sustained by the Hirer.
10. CLEANING AND REPAIR
If the equipment is not returned in a clean condition (fair wear and tear excepted) the Owner may at its absolute discretion charge the Hirer for all reasonable costs of cleaning the equipment, restoring it to good repair and working order, or replacement of equipment which cannot reasonably be repaired.

11. LOSS
The Hirer will be liable for the cost of replacement of equipment lost or stolen while in its possession. The Hirer agrees to advise the Owner immediately of the loss, theft or damage
12. DAMAGE
The Hirer will be responsible for the cost of repairs, or the cost of replacement of the hired goods, during the hire period. Damage to Hired Goods includes damage caused by fire, storm, earthquake, misuse, abuse, wilful and or malicious acts, but excludes normal wear and tear. 
13. PAYMENT
Accounts are due and payable monthly on invoice.
14. COLLECTION COSTS
The Hirer agrees to pay all reasonable costs of collection or legal proceedings brought to recover any amounts outstanding after the end of the hire period.
15. INDEMNITY
The Hirer agrees to accept full responsibility for all claims in respect of any injury to persons, loss of productivity or loss or damage to property, arising out of the delivery, servicing, storage, possession, use or failure of the equipment during the hire period whether or not due to the negligence of the Owner, its employee or agent or any other person and agrees to indemnify the Owner with respect to these claims. The Hirer will not allow any lien to be created over the equipment nor sell, transfer, mortgage or charge the equipment and will indemnify the Owner against any losses or expenses incurred as a result of its loss of possession of the equipment for any of these reasons.
16. SEVERABILITY
The provisions of this contract shall be severable, so that the invalidity, unenforceability, or waiver of any of the provisions shall not affect the remaining provisions.
17. JURISDICTION
The law relating to this agreement shall be the law of the State of Queensland.
18. DEFINITIONS
In this agreement the following expressions shall have the following meanings:-
18.1 The “Equipment” goods or machinery supplied on hire.
18.2 The “Owner” and the “Company” is ITR Technology Pty Ltd (ABN 81 092 228 781) trading as Maxwell Equipment
18.3 The “Hirer” is the person, business or corporation hiring equipment from the Owner;

***********************************************************************************************************************