TERMS AND CONDITIONS OF HIRE

In these terms and conditions of hire, “Supplier” means Bargain Barrel Hire. “Hirer” means any person, company, corporation or government entity, or any of their representatives, who hire equipment and/ or engage the service from the Supplier.

1. OWNERSHIP

All equipment supplied for hire by the Supplier expressly remains the property of the Supplier at all times.

2. INSPECTION AND WARRANTY

2.1 The Supplier has quality control procedures in place. All hire equipment is thoroughly checked, counted and cleaned prior to delivery or collection from the Supplier’s premises. It is the hirer’s responsibility to check all of the ordered hire equipment upon delivery or collection and must inform the Supplier of any breakages or missing items within 12 hours of receiving the equipment.

2.2 The hirer acknowledges that he/ she has inspected the goods and is satisfied that the goods are in an acceptable manner.

2.3 The Hirer is aware of the proper use of which the goods are designed and accepts full responsibility of the correct manner using equipment hired.

2.4 Notwithstanding anything herein contained, the hirer hereby acknowledges that no warranty or condition expressed or implied is given by the owner as to the condition of the goods or as to the suitability or fitness of the goods for any purpose.

3. CHARGES AND TERMS

3.1 The hirer will pay charges in full and prior to the equipment leaving the Supplier’s premises (except for approved account customers) at the rate and in the manner specified from the commencement date of the hire until:

3.2 The goods are returned by the hirer to the premises of the owner, or

3.3 The hirer notifies the owner’s hire controller that the goods are ready for collection

3.4 In the event of the hirer requesting the owner to transport the goods to or from the owners premises the hirer shall pay the owner all charges and expenses incurred by the owner in delivery, installing and/ or collecting the goods in addition to the hire charges.

3.5 The hiring is personal to the hirer and the rights to the hirer are not assignable to any person, persons or company whatsoever.

3.6 Hire rates stated are based on a day of 24 hours or part thereof, but only for one event or function within 24 hours, however up to 72 hours by negotiation.

3.7 Unless otherwise stated the words “the Hirer” includes the servants, agents or contractors of the hirer.

3.8 The Owners reserve the right to amend or revise its rates or prices without notice.

4. LOSS, DAMAGE AND CLEANING

4.1 If upon return of the goods to the owner that are found not to be in clean condition and/ or not in good or substantial order and repair (fair wear and tear excepted) the hirer shall pay to the owner the cost and expenses of restoring the goods to clean condition and/ or good and substantial order and repair. These costs must be paid within 7 days of receipt of invoice otherwise the hire charge for that item/s will continue as outlined in 4.4.

4.2 The Hirer accepts full responsibility to compensate the owner for the value of the goods or parts thereof which may be lost, stolen or missing from the time of commencement of the hire or delivery, whichever is earlier, until the goods are returned to the owner’s premises or collected by him. This right shall not be prejudice by or prejudice any other right under this agreement.

4.3 The Hirer accepts full responsibility to compensate the Supplier at new replacement value for equipment or parts thereof which may be damaged, lost or stolen.

4.4 The Hirer acknowledges that the hire charges will continue until the hire equipment and associated accessories are either returned to the supplier’s premises or until the invoice for lost, missing or damaged items are paid for in full.

4.5 The Supplier’s staff are not to be held liable for any breakages or missing items unless expressly evidenced and agreed between the Hirer and the Supplier.

5. INSURANCE

Hire Equipment is not insured whilst on hire. The Hirer is responsible for any loss, damage or
breakage until the equipment is returned or collected.

6. TRANSPORTATION

6.1 The supplier will provide in-transit and public liability insurance for all equipment during transit where the hire items are being delivered by the Supplier.

6.2 The hirer must provide safe transportation of all equipment and is responsible for the safety and security of load, including using the correct tie down procedures as per Western Australian laws and the Supplier accepts no responsibility for loads that are not correctly secured. All damage caused during transit where the service is not provided by the supplier will be charged to the Hirer.

6.3 Transport provided by the supplier will be to one location on the site nominated by the hirer for the entire term of the hire. This location is to be reasonably accessible for the Supplier and must be on ground level.

6.4 The Supplier reserves the right to charge additional collection or delivery fees if the Supplier is delayed due to the equipment being inaccessible, not ready for collection, location not being within a reasonable distance from Supplier parking or site access being inhibited in any way. Additional collection fees will be charged in 15 minute increments at $100 per hour.

7. REMOVAL AND RETURNS

7.1 The hirer shall not remove the goods from the site stated without the written consent of the owner except for the purposes of returning the goods to the owner’s premises.

7.2 Notwithstanding anything herein contained it is expressly understood by the hirer that the onus rests with him to ensure that the goods are returned to the owners premises or that the goods are collected by him.

8. INDEMNITY

8.1 The Hirer hereby indemnifies and holds indemnified the owner from and against all claims, actions, suits, demands costs and expenses, including all legal costs and expenses in any way arising out of the use of the goods between the commencement of the hire and the return of the goods to the owner whether caused by negligence of the hirer, his servants or agents or by the negligence of any other person whatsoever or arising out of the condition of the goods or the use to which they are put or otherwise whatsoever.

8.2 The Hirer hereby indemnifies and holds indemnified the owner from and against all claims, actions, suits, demands costs and expenses, including all legal costs and expenses in any way arising out of the installment of the goods between the commencement of the hire and the return of the goods to the owner whether caused by negligence of the supplier, his servants or agents or by the negligence of any other person whatsoever or arising out of the condition of the goods or the use to which they are put or otherwise whatsoever.

9. TERMINATION AND BREACH OF AGREEMENT

9.1 Notwithstanding anything herein contained the owner shall not be liable to the Hirer or any other person for any loss or damage to any person or property occasioned by the use and operation of the goods whether such loss or damage is occasioned by a defect in or wear of the goods or otherwise.

9.2 Equipment not returned by the nominated due date overleaf will be treated as stolen property and legal proceedings will be taken to recover the stolen property.

9.3 Items cancelled up to 7 days before the hire date will be charged 10% of the hire charge. Items cancelled during or after delivery will be charged the full rate plus transport.

9.4 The supplier has quality control procedures in place. All equipment is thoroughly checked and cleaned prior to dispatch. It is the hirer’s responsibility to check all the ordered equipment upon delivery or collection and to notify the supplier of any breakages or missing items within 12 hours of receiving the goods.

9.5 Unpaid invoices will be relayed to a debt collection agency and all debt collection fees are payable by the hirer. Administration fees of $5.00 per month will apply to all unpaid invoices.

10. DISCLAIMER

The Supplier’s quotation is offered in good faith based on the details provided to it and reserves the right to advise of alterations or additions should any mistakes, miscalculations or omissions become apparent.

11. ACCEPTANCE

The Hirer accepts, by payment, taking possession of goods or issuance of a purchase order, the above terms and conditions and acknowledges that its acceptance is a condition of hiring the equipment from the Supplier.