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Vanbar Pty Ltd .Vanbar
Imaging (The Company)
Rental - Hire Contract
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Definitions
Company
:
means
Vanbar Pty Ltd (ACN 006 315 715) of 450 Gore Street Fitzroy,
Victoria, or Vanbar Pty Ltd (ACN 006 315 715).
Customer
: means the person hiring Renting /purchasing (as the case may be)
the Equipment from the Company, including all persons acting on
behalf of or under the instructions of the Customer.
Equipment:
means the equipment listed
on the contract , invoice or hire document .
Hire
Charge: means the hire charge set out overleaf, together with any
applicable taxes and duties.
Purchase
Price : means the purchase price for the sale or hire/rental of the
equipment together with any applicable taxes and duties.
Term means the period specified
overleaf.
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Terms
and Conditions
Equipment is Hired /Rented / Sold (as the case may be) strictly on
the basis of the terms and conditions contained in this agreement.
Modification of these terms and conditions expressed in any
document of the Customer will not apply to the hire/purchase (as
the case may be) of the Equipment unless expressly accepted in
writing by the Company.
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Hire of Equipment
The Company agrees to hire the Equipment to the Customer for the
Term and the Customer agrees to take the Equipment on hire for the
Term and pay the Hire Charge. The Hire Charge must be paid in full
prior to the Equipment being removed from the Company's premises,
unless the Customer is an approved account customer, in which case
terms of payment are strictly 30 days from the date of the
invoice. Obligations of the
Customer
In all cases of hire of the Equipment the Customer
must:
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Advise
the Company of the situation of the Equipment at all
times;
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Not
take the Equipment out of Australia, without the prior written
consent of the Company;
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Not use
or allow the Equipment to be used on any abnormal or hazardous
assignment, transport or aircraft (including helicopters and light
aircraft) other than regular scheduled flights by a recognized
commercial airline, unless the Company has given its prior written
consent;
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Take
all reasonable precautions for the safety and security of the
Equipment and not use the Equipment where it could be affected by
salt, water or climatic or atmospheric conditions;
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Comply
with all relevant laws and regulations when using the
Equipment;
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In the
case of hire only, return the Equipment to the Company by the
expiry of the Term in good working order and condition, and inform
the Company of any damage or defect arising during the hiring or
any incident that occurred during the hiring likely to cause such
defect or damage;
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Not
attempt to adjust or repair or interfere with the Equipment except
where it is necessary for its proper and normal use; and
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Ensure the Equipment is
used in a skilful and proper manner by persons with the necessary
experience and familiarity with that type of equipment.
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TitleIn
case of hire of the Equipment, the Customer acknowledges
that:
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In the event the Customer
defaults in payment of any monies owing to the Company or any term
hereof or any contract between the parties, or any credit account
is terminated by the Company, or
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the Customer enters into
liquidation, administration, has a receiver, receiver and manager
or mortgagee in possession appointed, becomes insolvent the Company
shall be entitled, at its election, to the immediate return of the
Equipment and shall have the right to enter, and is hereby
expressly authorized to enter, upon the premises of the Customer or
any other premises at which the Equipment is stored to re-possess
any of the Equipment supplied by the Company. In the event the
permission of any third party is required for access to repossess
the Equipment, the Customer shall obtain that permission at its own
expense. Upon the repossession of the Equipment by the
Company,
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The
Company shall be entitled to re-sell the Equipment for the best
price it can obtain in the short term. The Customer shall have no
claim against the Company for any damages or other monies
whatsoever if the Company repossesses or attempts to repossess the
Equipment.
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Risk and
Insurance
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The Customer accepts
responsibility for the care and safekeeping of the Equipment and is
liable for any damage to or loss or destruction of the Equipment
from any cause whatsoever (including the acts and omissions,
whether negligent or not, of technicians) from the time the
Equipment leaves the Company's premises until the time the
Equipment is returned, including occasions where the Company agrees
to deliver or pick up the Equipment.
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The Company will be
entitled to demand and recover from the Customer any losses
(including costs) incurred by the Company in respect of loss or
damage to the Equipment, howsoever arising.
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Notwithstanding any
insurance cover in respect of the Equipment, the Customer remains
liable under the provisions of this agreement and will also
be liable to pay the Hire Charge for the Equipment at the rate
applicable for the Term until the Equipment is replaced or
repaired as
the case may be.
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Any loss of or damage to
the Equipment must be immediately notified to the Company and the
Customer will, at the request of the Company, take any steps
reasonably required of the Customer in respect of making reports to
the Company, the insurer, the police or other appropriate
authorities concerning any such loss or damage.
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Any claim on the customers
own insurance policy will be at the discretion of the customer and
will not be an obligation or requirement of the company.
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The Customer will not do
any act or thing whereby any insurance in respect of the Equipment
may be voided or prejudiced in any way. In particular, the Company
shall not be liable for the failure, under-performance or
incompatibility of the Equipment resulting from the installation of
non-authorized third party software and/or hardware installed
subsequent to the Company installation unless otherwise approved
and carried out by the Company. The Customer acknowledges that
failure to comply with the conditions specified in this agreement
for the proper use and handling of the Equipment will in most cases
void the cover.
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The Customer acknowledges and agrees that in the event the rented /
hired items (including all accessories with hired item/s) are
damaged, lost, stolen or not recoverable in any form then the
customer will become immediately liable for the full repair
(including spare parts) costs and or replacement value of the goods
and that these charges will be deducted up to the full amount from
the security bond. The customer also does acknowledge and agree
that they are liable for any rental charges or other losses
incurred by the company until replacement or repaired products
become available.
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A standardsecurity bond is
payableand
held by Vanbar Pty Ltd in the form of a credit card swipe (Amex not
accepted) or cash (to the value of the item/s) each time equipment
is hired and for each hire. This bond is refundable upon full
compliance with the return times and all equipment and accessories
being returned, complete in good, clean working
order.
If this document is printed on individual pages then a CUSTOMER
SIGNATURE is REQUIRED HERE sign
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The Customer acknowledges
that insurance does not cover loss or damage arising from (among
other things) war, including any civil war, invasion, acts of
foreign enemies, hostilities, rebellion, revolution, insurrection,
riot or commotion, military or usurped power, confiscation of or
damage to property by a governmental authority, ionising
radiations, nuclear radioactivity, mechanical breakdown,
application of the wrong current, derangement, breakage of valves
and filaments, climatic and atmospheric conditions, wear and tear,
loss of magnetism, overheating, faulty projection or manipulation
of Equipment, scratching and denting, theft from an unlocked
vehicle, theft by an employee or agent, repairs, pressure waves
caused by aircraft or other aerial devices, inappropriate uses and
modes of transport of the Equipment and circumstances where all
reasonable precautions are not taken at all times to ensure the
safety of the Equipment. Consequential losses and damages are also
excluded.
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Exclusion of
Warranties
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The Customer acknowledges
receipt of the Equipment in good working order and good
condition. Although the Company uses a thorough checking system,
the Company will not be responsiblefor
incomplete kits, incorrect functioning of Equipment or
incompatibility of the Equipment with any other equipment or
software used by the Customer.
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Except to the extent
implied by any statute or regulation in force, the Company makes no
warranties or representations in respect of the Equipment,
including its fitness for any particular use, and the Customer
accepts the Equipment solely relying on its own knowledge and
opinion of the Equipment.
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The Company's liability for
a breach of any warranty implied by law is limited to the
replacement of the Equipment, the supply of equivalent equipment,
the repair of the Equipment, the payment of the cost of replacing
the Equipment or of acquiring equivalent equipment or the payment
of the cost of having the Equipment repaired.
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If the
Equipment is found to be defective,the Customer must immediately
notify the Company, which will endeavour, in its sole discretion,
to replace or repair the defective item as expeditiously as
possible, or authorize a competent repairer to repair the
Equipment. If the defect is determined by the repairer to be caused
by misuse, neglect or carelessness, the full cost of repairs will
be borne by the Customer, who will also be liable to pay the Hire
Charge until the Equipment is returned to the Company fully
repaired.
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The
Company is solely responsible for carrying out all service and
repairs to the Equipment and no repairs are to be carried out
without the prior written consent of the Company.
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The Company will not be
held liable for any loss, damage, indirect or consequential loss
(financial or otherwise) caused by the Equipment to the Customer or
to any property or persons, or as a result of the Equipment not
being fit for any use to which it is put to by the
Customer.
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Termination
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If the Customer defaults in
punctual payment of any amount due under this agreement, is in
breach of any term of this agreement, is declared bankrupt or
enters into any agreement for the benefit of its creditors or if
any execution of distress is levied against it and remains
unsatisfied, or being a company, is placed into receivership or
goes into liquidation, then in any such case the Company may
without further notice, and without prejudice to any of its rights,
terminate this agreement.
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In the
event of termination the Customer must immediately at its own risk
and cost deliver up the Equipment to the Company PROVIDED HOWEVER
that in the event that the Customer neglects and/or refuses to do
so, it is agreed that the Company, its servants and agents may
without prior notice and without liability for trespassing or any
resulting damage, enter any premises where the Equipment is
situated and seize and retake possession of the Equipment. It is
further agreed that the Customer will be liable to pay upon demand
all costs and expenses which are incidental to any such retaking of
possession incurred by the Company, together with penalty interest
calculated at a rate which is 3% above the 90 day bank bill rate of
the Company's bank from time to time.
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Authority Where any
person signs this agreement on behalf of the Customer, the person
so signing warrants that he or she is duly authorized by the
Customer to enter into this agreement.
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Governing
Law This agreement will be governed by the laws applicable in the
state of Victoria, Australia and both the Company and the Customer
submit to the jurisdiction of the courts of that state and any
courts competent to hear appeals from those courts.
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Agreement
ALSO ACKNOWLEDGE THAT IT IS MY RESPONSIBILITY TO UNDERSTAND THE
OPERATION OF THE HIRED GOODS and I accept full responsibility for
operation, care and maintenance for the period the equipment is in
my care, and will not hold Vanbar Pty ltd, or staff, responsible
for injury or accident incurred while using any and all equipment
rented. I understand that I am responsible for returning this
equipment and accessories on the date indicated below. I UNDERSTAND THAT, IF THE
EQUIPMENT HAS NOT BEEN RETURNED BY THE DUE TIME AND DATE INDICATED
BELOW, A LATE FEE OF $25 RENT PER ITEM, NOT TO EXCEED A TOTAL OF
$100.00 PER DAY, IN ADDITION TO THE DAILY RATE, WILL BE ASSESSED. I
ALSO UNDERSTAND THAT IF THE EQUIPMENT IS RETURNED DIRTY OR REQUIRE
CLEANING, ADDITIONAL CHARGES WILL BE IMPOSED.
Period of HIRE is
24 hours from
the time the equipment leaves a Vanbar store on the first day, and
end at the same time on the following day.
Weekend. This
is the period between 3.00pm on the Friday afternoon preceding the
weekend until 10am on the following Monday.
Week This is a
seven day period where termination occurs on the same day and time
of the next week. Where a public holiday falls on any specific
return day or time the goods may be returned within 3 hours of the
next Vanbar working day.
RESERVATION POLICY:At time of reservation, a
deposit to the value of the requested hire period must be left to
hold your reservation.
Refund policy
:If the
customer wishes to cancel their reservation sufficient notice must
be given that is equivalent to the period booked i.e. 3 day hire =
3 days notice, one day hire = 1 days notice etc. Any notice of
cancelation shorter than the specified requirement the customers
acknowledges that any payments made will be forfeited unless the
customer transfers their deposit to an alternative period, rates
applicable to the new hire period will apply.
Check out time is between
8.30am and 5.30 pm on the pick up date. Reservations and
Cancellation confirmations will only be made in writing.
[email protected]
Other charges: All other charges
including, packing and shipping and handing, Freight, duties and
taxes are payable by the hirer.
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