EQUIPMENT HIRE RENTAL
WYHBELL PTY LTD
This agreement applies to all businesses trading under Wyhbell Pty Ltd.
- Conference Audio Visual
- Radius Audio Visual
- Radius Entertainment
- Melbourne Projector Hire
- Wedding Audio Visual
- The hiring of the Equipment will commence from the commencement date specified in the Schedule and continue for the term specified in the Schedule.
- The Hirer is entitled to use the Equipment for the hire period as outlined in the Schedule (“Hire Period“) and for any agreed extension of the period.
- The Hirer agrees to return the Equipment to the address of the Wyhbell Pty Ltd on or before the end of the Hire Period as outlined in the Schedule.
- The Wyhbell Pty Ltd will not refund any hire fee monies if the Hirer elects to return the Equipment prior to the end of the Hire Period, regardless of reason.
- The hirer agrees to pay an additional daily rate for each day the equipment is not returned after the agreed time (overdue equipment), unless otherwise organised between Hirer and Wyhbell Pty Ltd.
- Payment for rental/services
- The Hirer agrees to pay the Wyhbell Pty Ltd the hire fee specified in the Schedule (“Hire Fee“) for the Equipment for the Hire Period, which includes any applicable GST.
- The Hire Fee must be paid to the Wyhbell Pty Ltd prior to or on the commencement date of the Hire Period or as specified by Wyhbell Pty Ltd
- The Hirer agrees to pay a 1.5% surcharge per day for any invoice that is overdue by more than 14 days post invoice due date.
- Use, operation and maintenance
- The Hirer agrees that the use of the Equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.
- The Equipment must not be used by anyone other than the Hirer. The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations, respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
- The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
- The Hirer agrees to comply with all occupational health and safety laws relating to the use of the Equipment and related operations.
- The Hirer must ensure the Equipment is returned to the Wyhbell Pty Ltd thoroughly cleaned. In the event that the Equipment is not thoroughly clean when returned to the Wyhbell Pty Ltd, the Hirer will pay the Wyhbell Pty Ltd the reasonable costs for cleaning the Equipment.
- Unless the Hirer obtains the prior written consent of the Wyhbell Pty Ltd, the Hirer must not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
The Hirer warrants that:
- the Equipment will be used in accordance with the conditions outlined in the Schedule;
- the particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
- the Hirer holds a valid current driver’s licence, operating licence or permit valid for the type of Equipment hired;
- the Equipment will not be used for any illegal purpose;
- the Hirer’s vehicle is suitable for towing or transporting the Equipment;
- the Hirer will not, without prior written consent of the Wyhbell Pty Ltd, modify, or permit any modification of, the Equipment in any way;
- the Hirer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose; and
- the Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
- The Hirer will report and pay all taxes, fees and charges associated with the Equipment, with the use of the Equipment, and with revenues and profits arising out of the use of the Equipment, including, but not limited to, sales taxes, property taxes, and licence and registration fees.
- The Hirer will pay any and all penalties and interest for failure to pay any tax, fee or charge on or before the date on which the payment is due. The Hirer will pay any and all penalties and interest for failure to report required information to any taxing authority with jurisdiction over the Hirer or the Equipment. If the Hirer fails to perform the obligations in this clause, the Wyhbell Pty Ltd may, but is not obligated to, do so at the Hirer’s expense.
- Notwithstanding any other provision of this Agreement, the Hirer will not be required to pay any tax, fee or charge if the Hirer is contesting the validity of same in the manner prescribed by the legislation governing the imposition of same, or in the absence of a prescribed form, in a reasonable manner. However, the Hirer will indemnify and reimburse the Wyhbell Pty Ltd for damages and expenses incurred by the Wyhbell Pty Ltd arising from or related to the Hirer’s failure to pay any tax, fee or charge, regardless of whether the Hirer is contesting the validity of the same or not.
- If the Hirer fails to pay any and all taxes, fees, and charges mentioned in this Agreement and the Wyhbell Pty Ltd, on behalf of the Hirer, pays the same, the Hirer will reimburse the Wyhbell Pty Ltd for the cost upon notification from the Wyhbell Pty Ltd of the amount.
The Hirer will indemnify and hold harmless the Wyhbell Pty Ltd against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees and costs, arising out of or related to the Hirer’s use of the Equipment.
- Loss, damage or breakdown of Equipment
- The Hirer will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred (normal wear and tear excepted) during the Hire Period.
- If there is a breakdown or failure of the Equipment, then the Hirer must return the Equipment to the Wyhbell Pty Ltd at the Hirer’s expense and the Hirer must not attempt to repair the Equipment.
The Wyhbell Pty Ltd will maintain current insurance policies in respect of the Equipment to its full insurable value.
The Hirer will assume all risks and liabilities for and in respect of the Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer’s possession, use, maintenance, repair or storage of the Equipment.
To the extent permitted by law the Wyhbell Pty Ltd disclaims all liability for and does not give any warranties to the Hirer as to the condition of the Equipment.
- The Hirer acknowledges that the Wyhbell Pty Ltd retains title to the Equipment and that the Hirer has rights to use the Equipment as a mere bailee only. The Hirer does not have any right to pledge the Wyhbell Pty Ltd’s credit in connection with the Equipment and agrees not to do so.
- The Hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend,pledge, mortgage let or hire or otherwise part with or attempt top part with personal possession or otherwise not to deal with the Equipment and not to conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.
- The Wyhbell Pty Ltd may retake possession of the Equipment if the Hirer breaches any provision of this Agreement, notwithstanding anything else contained in this Agreement.
- If repossession occurs, the Wyhbell Pty Ltd reserves the right to charge the Hire Fee up to and including the original returned date or in the instance of section 1C (overdue equipment) whichever is greater.
- Completion of the Hire Period
The Hire Period is completed when the Equipment has been returned to the Wyhbell Pty Ltd:
- in the same condition as when it was hired; and
- on or by the date and time outlined in the Schedule.
- The occurrence of any one or more of the following events will constitute an event of default (“Event of Default“) under this Agreement:
- The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.
- The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of Australia or another competent jurisdiction.
- A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
- On the occurrence of an Event of Default, the Wyhbell Pty Ltd will be entitled to pursue any one or more of the following remedies (“Remedies“):
- Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
- Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
- Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.
- Terminate this Agreement immediately upon written notice to the Hirer.Pursue any other remedy available in law or equity.
The covenants, agreements and obligations contained in this Agreement will not merge or terminate upon the termination of this Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
This Agreement will be construed in accordance with and governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of Victoria there in connection with matters concerning this Agreement.
- In this Agreement, unless the context otherwise requires:
- A reference to the singular includes the plural and vice versa;
- A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
- A reference to an individual will include corporations and vice versa; and
- If a word or expression is defined, its other grammatical forms have a corresponding meaning.
- Headings are for convenience only and do not affect interpretation.