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GEOFF’S HIRE – TERMS AND CONDITIONS
The terms and conditions of hire set out herein are the only terms and conditions upon which the hirer may hire the equipment from the Owner.
1.1 In this document the word “owner” means Geoffs Hire and/or its successors and assigns or any person acting on behalf of and with the authority of Geoffs Hire.
1.2 “The hirer” shall mean the hirer, their agents or employees, or any person acting on behalf of and with the authority of the hirer.
1.3 “Equipment” shall mean all trailers, tools, mobile plant and all equipment attached thereto or hired under this agreement.
Inspection and Warranty
2.1 The hirer acknowledges that he/she has inspected the goods and
a) Is satisfied that the goods are in clean condition and in good substantial order, repair and condition.
b) Is aware of the proper use for which the goods are intended.
3.1 Notwithstanding anything herein contained the hirer hereby acknowledges that no warranty or condition expressed or implied is given by the owner to the
condition of the goods for any purpose.
3.2 The hiring is personal to the hirer and the rights of the hirer are not assignable to any person, persons or company whatsoever.
4.1 The hirer will pay hire charges at a rate and in the manner specified from the commencement date of the hire until
a) The equipment is returned by the hirer to the premises of the owner, or
b) The hirer notifies the owner that the equipment is ready for collection.
4.2 The hire period commences on the earlier of the following;
a) When the hirer takes possession of the equipment, or
b) If the hirer requests delivery and collection of the equipment, the time the owner delivers the equipment to the address on the hire docket.
4.3 A standard daily hire rate is based on a twenty four (24) hour period from the commencement of the hirer taking possession of the equipment.
4.4 A part day rate of four (4) hours must commence and terminate on the same day as the hire period commences, if a four (4) hour hire period extends into the
following business day the owner must be notified before the end of the business day and the balance of a twenty four (24) hour daily hire rate will be deducted
from the hirers deposit.
5.1 The hirer agrees to insure his/her own property and towing vehicle against loss or damage for any reason whatsoever prior to loading or towing equipment and
agrees that no claim for loss or damage can be made against the owner.
6.1 The hirer shall use the equipment in a skilful and proper manner and wear suitable clothing and protective equipment when operating the equipment as required or
recommended by the owner or the manufacturer.
6.2 The hirer must operate the equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions
whether supplied by the owner or posted on the equipment.
6.3 It is the hirers responsibility to comply with all regulations including load capacity of trailers and towing capacity of tow vehicle.
6.4 The hirer must not in any way modify, alter, tamper with, damage or repair the equipment without the owners prior written consent.
6.5 The hirer must not deface, remove, vary or erase any identifying marks, plates, numbers, notices or safety information on the equipment.
7.1 The hirer guarantees the owner that they have the knowledge, skill and ability required to safely enable them to carry out the loading/unloading and towing of the
equipment without incident or accident. The hirer will not use the equipment without the knowledge, skill and ability required to fulfil this guarantee.
7.2 The hirer agrees that under no circumstances, trailers are to be towed on any road that does not have a sealed bitumen surface.
8.1 If the hirer requests an operator for the equipment,
a) The operator will be under the hirers direction and comply with the hirers reasonable directions.
b) The owner will not be liable to the hirer for any acts or omissions of the operator where they are acting under the hirers direction during the hire period.
9.1 Upon completion of hire, you must return the equipment to us in the same condition it was in when you received it, fair wear and tear excluded.
a) If you do not clean the equipment properly a cleaning fee will apply.
b) If you do not refuel equipment a refuelling fee will apply.
10.1 The hirer shall accept all responsibility for any liability arising from the use of the equipment whilst the equipment is in the care of the hirer or any agents or
employees of the hirer.
10.2 The hirer accepts full responsibility to compensate the owner for the value of the equipment in the event of the equipment being lost/stolen or damaged, from the
time of the commencement of the hire, until the equipment is returned to the owner. The deposit will be held as part payment for any damage.
11.1 The hirer hereby indemnifies and holds indemnified the owner from and against all claims, action, suits, demands, costs and expenses, including all legal costs and
expenses, in any way arising out of the use of the equipment between the commencement of the hire and the return of the equipment to the owner, whether caused
by negligence of the hirer, his agents or employees or by the negligence of any other person whatsoever or arising out of the condition of the equipment or of the
use to which they are put or otherwise whatsoever.
Termination and Breach of Agreement
12.1 Equipment not returned by the date specified on the hire docket will be treated as stolen property and reported to the police and legal proceedings undertaken to
recover the equipment.
12.2 If the hirer is in breach of the hire agreement or if the hire agreement or a hire period has been terminated, the owner may take all steps necessary, including legal
action, to recover the equipment, including entering the hirers property to do so and the hirer expressly consents to the owner entering their property for the
purpose of recovering the owners equipment.
12.3 A standard recovery fee of $850.00 is payable by the hirer, to the owner, in the event the hirer fails to return the equipment to the owner by the specified time on
the hire docket, without prior arrangement, in writing, to extend the hire period.
Your Legal Responsibilities
13.1 a) Our trailers can only be used with a 50mm tow ball.
b) The combined weight of the trailer and load must not exceed the un laden weight of the towing vehicle.
c) Maximum towing speed for trailers is 80km/h, motorways included.
d) Load front heavy on the tow bar.
e) All loads must be tied down securely and rubbish covered.
f) The winch must not be used to secure the load under any circumstances.
g)The winch must not be used to unload cargo from trailers under any circumstances.
h)You must adhere to the maximum load rating allowable for the trailer.
13.2 Flat tyres and tyre damage are the hirers responsibility.
13.4 This equipment is not insured, the hirer is fully responsible for any loss or damage to equipment and is liable to pay for any damage or parts of the equipment not
returned as hired.
Maintenance and Breakdown
14.1 The hirer will use the equipment in a skilful and proper manner and for the purposes for which the equipment 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 regulation in any way relating to the equipment.
14.2 In the event of a breakdown or equipment failure, the hirer will not have any repairs affected thereto by any person other than an employee of the owner or such
person as the owner may nominate.
14.3 In the event of a breakdown or equipment failure which in the owners opinion is by fair wear and tear the owner will;
a) At his own expense restore the equipment to working order as quickly as reasonably possible,
b) Will not hold the hirer liable providing the hirer notifies the owner immediately of a failure occurring.