Terms and conditions of hire
CONDITIONS OF HIRE AGREEMENT
1. Definitions
a) The 'BUSINESS' means 'Perth Spa Hire'
b) The 'HIRER' means any person, organization or entity that hires equipment from the Business
c) 'EQUIPMENT' means the Spa and all items hired by the Business to the Hirer including accessories and parts relevant and required for the operation of the Spa
d) 'COMMENCEMENT OF HIRE' is the date on which the equipment was dispatched to the Hirer
e) 'HIRE PERIOD' or 'DURATION OF HIRE' is the period from Commencement of Hire until the equipment is available for collection by the Business (Off-Hire [g])
f) 'HIRE AGREEMENT': These Conditions of Hire together with a completed hire form constitute the entire agreement between the Business and the Hirer
g) 'OFF-HIRE' is the moment that the charge for hire ceases according to the Business
2. General
a) The Hirer acknowledges that the hire of any equipment from the Business is subject to these Conditions of Hire
b) These Conditions of Hire prevail absolutely over all terms & conditions proposed by the Hirer and can only be waived or varied in writing by an authorized representative of the Business
c) If any term or condition of the agreement is found to be void or unenforceable by law then the invalidity or unenforceability of the individual term or condition will not affect any other term, condition or aspect of the agreement
d) Equipment hired by the Business does not purport to be new equipment
e) For the purpose of inspection the Business reserves the right to enter upon any premises where its equipment is on hire
f) The Hirer's signature & details below are deemed to be that of an authorized representative of the Hirer and effect a legally binding document
g) The Hirer shall in addition to any other obligation on his part herein contained comply with all requirements at law relating to the equipment, their possession and use and the premises upon which they are for the time being situated and the occupation and use of such premises and the Hirer shall protect the equipment from any distress, execution or seizure and shall indemnify the Business and keep it indemnified from and against all losses, costs, charges, damages and expenses suffered or incurred by it by reason or in respect thereof
3. Payment
a) Payment of the hired equipment will be made based on the charges quoted and/or agreed upon
b) The Hirer is liable for any expenditure, damage or loss incurred arising from repossession (in case of the Hirer refusing to hand over the Equipment)
c) The Hirer agrees to indemnify and keep indemnified the Business against any costs incurred by the Business in connection with the termination of the agreement including without limitation, legal fees on an indemnity basis and debt collection agency fees
4. Ownership & Right of Possession
a) Equipment on hire from the Business remains the property of the Business at all times whether owned by the Business or not and is strictly not for sale
b) The Business may repossess any equipment on hire from the Hirer at any time without notice or reason
c) For the purpose in (b) above a representative of the Business is authorized & entitled at any time and without notice to enter the Hirer's premises where the equipment is reasonably believed to be kept without liability for trespass or any resulting damage
5. Damage or Loss
a) The Hirer will be charged for any repair or replacement of damaged equipment including recertification and/or commissioning of the replacement equipment and any other associated costs (i.e. freight etc.)
b) The Hire Period will continue until any damaged equipment is replaced or repaired to a hireable condition
c) In the case of theft of equipment from the Hirer's address the Hirer shall promptly and in writing make the Business aware stating full circumstances of the theft including details of notification of Police
d) The Hirer is responsible for any loss of equipment and/or equipment ancillaries such as (but not limited to) hoses, special packaging etc.
6.1 The Hirer's Responsibility
a) The Hirer shall at all times use the hired equipment within the hired equipment's limitations, specifications and capabilities intended by the manufacturer of the equipment
b) If the hired equipment breaks down or fails the Hirer shall immediately inform the Business as soon as practicable without any attempt to repair the equipment.
c) If the hired equipment fails or breaks down out of negligence or misuse of the equipment by the hirer the hire charges will only cease once the hirer has paid for all repairs or replacement of the equipment
d) The Hirer shall ensure that the Equipment to be collected by the Business shall be in a clean and good order (fair wear and tear excepted) Failure to do so may result in additional charges being charged to the Hirer on return
e) The Hirer shall not use or operate or permit the equipment to be used or operated in a manner or for a purpose for which the equipment was not designed or manufactured or for a purpose that is unlawful
f) The Hirer shall not use or operate or permit the equipment to be used or operated in a manner which, in the opinion of the Business would be likely to endanger the safety or condition of the equipment or any part thereof or the safety of any person or property
g) All accessories, replacements, instruments, tools and other equipment now supplied with or attached to or hereafter acquired to be used with or attached to the equipment shall be deemed to form part thereof
6.2.1
The Hirer shall use operate and possess the equipment at the Hirer's risk and the Business and/or its proprietors shall not be liable to the Hirer (except to the extent that liability cannot, by law, be excluded) for or in respect of any loss or damage whatsoever caused to the Hirer, his/her family members or guests whether by way of personal injury, delay, financial loss or otherwise arising from or incidental to a breakdown or defect in or any accident arising from the equipment and the Hirer shall indemnify the Business and its Proprietors jointly and severally and keep them indemnified to the full extent permitted by law from and against actions, proceedings, claims and demands by any person whatsoever whether in respect of damage to property, injury to persons or otherwise arising out of or alleged to arise out of a breakdown or defect or any accident to or in respect of the equipment or the use or operation thereof
6.2.2
The Hirer hereby indemnifies the Business and its Proprietors jointly and severally and keeps them indemnified from and against any such action, suit, proceeding or demand instituted or made against the Business and/or its Proprietors jointly or severally and resulting from or alleged to result from the operation or use of the equipment by or on behalf of the Hirer.
7. The Business's Responsibility
a) The Business shall provide the hired equipment in what it believes to be a clean, sound and serviceable condition, capable of achieving the item's stated capacity under normal working conditions
b) The Business will only by request provide operating instructions for the equipment hired by the Hirer
c) The business's liability for breach of any implied condition or warranty (statutory or otherwise) is excluded, or to the extent that it can not be excluded is limited to repair or replacement of the hired equipment
8. Insurance
The Hirer shall at all times ensure that the Hirer has adequate public liability insurance in place over the Hirer's premises and any equipment operated thereon and the Hirer hereby indemnifies and holds the Business and its Properties jointly and severally harmless against any claims of whatsoever nature and howsoever arising resultant upon any loss or damage whatsoever caused to the Hirer, any member of the Hirer's family or any friends or other invitees on to the premises of the Hirer for the purposes of utilising the equipment inclusive of personal injury, financial loss or otherwise arising from or incidental to such incident or any accident and the Hirer shall indemnify the Business and/or its Proprietors and keep them fully indemnified to the full extent permitted by law from and against all actions, proceedings, claims and demands by any person whatsoever whether in respect of damage to property, injury to persons or otherwise arising.
9. Terms
a) Hire Period commences_______________________and finishes____________________________Total $_________
b) Hirer agrees to maintain spa, filter and chemicals for the duration of hire as per instructions provided.
Hirer's Name__________________________________________________________
Address______________________________________________________________
Phone Number_________________________________________________________
Email Address__________________________________________________________
Signature_______________________________Date:__________________________
Perth Spa does not recommend the consumption of alcohol in conjunction with the use of spa.
WARNING! The use of alcohol, drugs or medication before or during spa use can greatly increase the risk of fatal hypothermia. Please take the time to read through our safety warnings, located in the spa instruction booklet. The effects of hypothermia include (1)failure to perceive heat, (2)failure to recognize the need to exit spa, (3) unawareness of impending hazard, (4) foetal damage in pregnant women, (5)physical inability to exit spa and (6) unconsciousness resulting in the danger of drowning. So Please be careful! Since excessive water temperatures have a high potential for causing foetal damage during the early months of pregnancy, pregnant or possibly pregnant women should limit spa or hot water temperatures to 38 degrees C. Persons suffering from obesity with a medical history of heart disease, low or high blood pressure, circulatory system problems, or diabetes should consult a physician before using a spa. Persons using medication should consult a physician before using a spa since some medication may affect heart rate, blood pressure, and circulation.