Rental Terms
Table of Contents
Welcome to The Big Chill Refrigeration Hire. These rental terms outline the agreement between our company and you, the customer. Please read these terms carefully before renting any equipment.
Inspection
The customer agrees that:
- They have inspected the equipment and are satisfied that the equipment is in working order.
- They understand the proper uses for which the equipment is designed and the safe operation of such equipment.
- They have not relied upon the skill or judgement of A.A. The Big Chill Refrigeration Hire in entering into this contract.
Payment
- The customer agrees to pay rental charges until the equipment is returned.
- The Customer will pay to A.A. The Big Chill Refrigeration Hire rental charges at the rate and in the manner specified on the front of the rental agreement.
- Charges apply from the time the equipment leaves A.A. The Big Chill Refrigeration Hire’s premises until it is returned to such premises.
Late Return
- The Customer agrees to return the equipment by no later than the time and date specified under “Client will return before” on the rental agreement.
- If the equipment is not returned by the specified time and date, the Customer shall pay additional rental charges at the daily rate specified on the front of the rental agreement.
- These additional charges will apply from the specified return date until the date when the equipment is actually returned to, or collected by, A.A. The Big Chill Refrigeration Hire.
Breakdown
- The customer shall notify A.A. The Big Chill Refrigeration Hire of any breakdown and not attempt repairs.
- The customer shall notify A.A. The Big Chill Refrigeration Hire immediately upon becoming aware of any equipment shortage or malfunction, regardless of how it arose.
- The Customer will not interfere with any mechanical fittings or appliances attached to or forming part of the equipment.
Without the written consent of A.A. - The Big Chill Refrigeration Hire, the Customer will not have any repairs carried out by any person other than an employee of A.A. The Big Chill Refrigeration Hire or a person nominated by them.
Damage
The customer shall pay for repairs if A.A. The Big Chill Refrigeration Hire determines that damage or injury to the equipment was caused or contributed to by:
- The equipment being used for purposes it was not designed for.
- Attempted repairs without prior consent from us.
- Negligence by the customer or their agents.
- Accident, misuse, or abuse of the equipment.
If A.A. The Big Chill Refrigeration Hire determines the equipment cannot be repaired, the customer shall pay the cost of replacement.
The customer shall also pay rental charges for the period from the date of damage until the date of receipt of payment for repairs or replacement, less any rental charges already paid.
A.A. The Big Chill Refrigeration Hire may deduct repair or replacement costs from the customer’s deposit. The customer shall pay any excess on demand.
Compensation
If any rented equipment is stolen or lost, the customer shall:
- Notify A.A. The Big Chill Refrigeration Hire immediately upon becoming aware of the theft or loss.
- Pay to A.A. The Big Chill Refrigeration Hire on demand an amount equal to the cost of replacing the equipment.
If A.A. The Big Chill Refrigeration Hire cannot purchase equivalent equipment in Brisbane:
- The customer shall pay the cost of purchasing new equipment of the same make and model.
- If the same make and model is unavailable, the customer shall pay for new equipment of similar quality, performance, and function, plus any incidental charges.
The customer shall also pay rental charges from the date of hire commencement to the date of receipt of full payment for replacement, less any rental charges already paid.
These conditions apply whether or not the customer has been negligent, provided there has not been negligence on behalf of A.A. The Big Chill Refrigeration Hire
Indemnity
Insurance
- The owner (A.A. The Big Chill Refrigeration Hire) does not provide any insurance on the hired equipment.
- Insurance of all hired equipment is the responsibility of the Customer.
Recovery of Equipment
A.A. The Big Chill Refrigeration Hire may retake possession of the equipment without notice to the Customer if:
- The Customer does not return the equipment at the end of the rental term.
- The Customer fails to pay any rental charges within seven (7) days after the proposed return date.
- The Customer fails to observe and perform these conditions.
- The Customer does or permits any act or thing whereby A.A. The Big Chill Refrigeration Hire’s rights in the equipment may be prejudiced.
To recover the equipment, A.A. The Big Chill Refrigeration Hire may enter the job address or any other premises where the equipment may be located.
This right of recovery does not prejudice A.A. The Big Chill Refrigeration Hire’s right to recover from the Customer any monies due or damages for breach of contract.
The Customer indemnifies A.A. The Big Chill Refrigeration Hire against any claims arising from actions taken to recover the equipment.
General Obligations of Customers
The Customer agrees to the following:
- Unless otherwise agreed, the Customer is responsible for the cost of pickup and delivery of the equipment to A.A. The Big Chill Refrigeration Hire.
- All equipment rented remains the property of A.A. The Big Chill Refrigeration Hire at all times. The Customer will not sell, charge, pledge, or part with possession of the equipment.
- The Customer will use the equipment in a careful and proper manner and permit only skilled and experienced personnel to use the equipment.
- The Customer will not use the equipment in connection with any dangerous or hazardous activity.
- The Customer shall not take equipment outside the State of Queensland or Australia without the prior consent of A.A. The Big Chill Refrigeration Hire.
- If the departure or return of the equipment is delayed due to intervention by Customs or other Authorities of any country, no allowance or credit will be given to the Customer for rental charges.
Substitution
A.A. The Big Chill Refrigeration Hire may supply other equipment than the model specified.
A.A. The Big Chill Refrigeration Hire reserves the right to substitute suitable alternative equipment to that reserved by the Customer.
This substitution may occur at any time prior to or during the period of rental.
Legal Provisions
To the extent permitted by law, A.A. The Big Chill Refrigeration Hire’s liability for breach of any warranty or condition implied by the Trade Practices Act, 1974 is limited to:
- For services: supplying the services again or payment of the cost of having the services supplied again.
- For goods: replacement of the goods, supply of equivalent goods, repair of the goods, or payment of the cost of replacing the goods or acquiring equivalent goods.
This agreement constitutes the entire understanding between the parties. All prior representations, agreements, and understandings are hereby excluded.
All additions and modifications to this agreement must be in writing and signed by both parties.
A.A. The Big Chill Refrigeration Hire shall not be liable to the customer for any loss (including but not limited to loss of profits and consequential loss) or damage to persons or property or death or injury caused by or arising out of the supply, non-supply, or performance of anything provided for or contemplated by this agreement.
The customer acknowledges that they have not relied on any representations or warranties by A.A. The Big Chill Refrigeration Hire other than those expressly contained in this agreement.
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