1. In these conditions:
a. The “owner” is Mobi-Fridge Hire Australia Pty Ltd of Unit 10/2-4 Mulvihill Street, West Ryde 2114 trading as Mobi-Fridge Hire
b. The “Hirer” is the person, firm or organisation hiring Plant from the Owner,
c. The “Plant” means all equipment including tools, accessories and parts supplied to the Hirer
2. Hire is charged for the time the Plant is out inclusive of weekends and public holiday(s), not the time the Plant is used
3. The hiring rate is based upon the Plant being hired for the minimum hire period of two day (48 Hours) for the cool rooms or 1 month for the Glass Doors
4. The hirer will not sell or offer for sale a signed mortgage pledge underlet lend or otherwise deal with the said Plant or any part or parts thereof or any interest therein in this Agreement whilst this Agreement is on foot but will keep the said Plant in his own possession and will not garage the same or any part or parts thereof at any place other than the place that the Owner may specify without previous consent in writing of the Owner.
5. The Hirer further will not allow any lien to be created on the said Plant whether for repairs or otherwise and will duly and punctually pay all rent charges and impostitions payable in respect of the premises whereupon the said Plant is for the time being situated and will protect the said Plant against distress, execution or seizure and indemnify the Owner against all losses, costs, charges, damages and expenses incured by them by reason or in respect thereof.
6. The Hirer shall operate the said Plant in skillful, property and businesslike manner and in a first class condition as in hygiene, cleanliness and tidiness to the satisfaction of the Owner and in a good and substantial repair and condition (reasonable wear and tear included) to the complete satisfaction of the Owner
7. The Hirer will keep the Owner indemnified agaisnt all loss or damage to the said Plant from whatever cause (reasonable wear and tear included) and will permit the Owner at all reasonable time to have access to the said Plant and to inspect the state and condition thereof.
8. The Hirer is to have the sole management and cotrol of the operation and use of the said Plant but may engage or employ such necessary staff to conduct the business efficiently provided always that the Hirer shall keep at all time such staff covered by Workers’ Compensation insurance and further provide that the relationship of the Owner to the Hirer and/or to any of the Hirer’s staff shall not be that of nastering servants
9. The Hirer will at all time comply with the requirements of the Local Council, Department of Motor Transport, Health Commission and any other Government Department or Statutory Body and any Act of Parliament for the time being then in force and will at all times indemnify and keep indemnified the Owner in respect of any Breach penalty or liabilities arise out of such requirements.
10. The Hirer shall be responsible for the safety and security of the said Plant from the time it leaves its place of garaging hereinbefore referred to until its return thereto and shall not do or cause or permit to be done any act or thing which shall or might prejudice the Owner’s right to indemnify in connection with any matters arising out of the use of the said Plant and the Hirer further indemnifies the Owner in this regard.
11. The Owner may affix or cause to be affixed on the said Plant or any parts thereof such plate signs or other marks indicating that the said Plant is the property of the Owner and the Hirer shall allow such plates or marks whatsoever nature to remain affixed and will not obliterate the face or cover up it. The Hirer shall is the said Plant within the capacity for which it was designed and shall accept full responsibility for all flat and/or damaged tyres.
12. The Hirer shall accecpt full responsibility for and indemnify the Owner against all claims in respect of any injury to persons or damage to property arising out of the use of the said Plant during the hire period, however arising (other than injury or damage caused by fusion of the compressor attached to the said Plant to the extent of $1,000.00 or from any anti-theft devices attached to the said Plant) whether from negligence of the Hirer or Owner otherwise.
13. The Owner agrees to deliver and collect the said Plant to and from the site specified by the Hirer and hire charges shall commence from the time the said Plant leaves the owner’s premises until the Owner is notified by the Hirer that the said Plant is available for collection. The notification shall be given by the in time for the said Plant to be picked up and returned to the Owner’s premises by 5.00pm on the day of ceasation of hire. In the event of insufficient notice being given to the Owner, the Hirer will be responsible for safekeeping of the said Plant until collected the following day and maybe charged an extra fee at the owner’s discretion.
14. The Owner agrees to service, fuel, clean lubricate and maintain the said Plant in good and substantial repair condiion at its own expense unless it has been damaged by negligence or misuse on the part of or attributable to the Hirer, then the Hirer shall immidiately notify the Owner and shall not attempt to affect repairs to the said Plant
15. Provided the Hirer notifies the Owner by 8.00am on the day following any break-down in the said Plant (other than due to negligence or misuse on the part of the Hirer), then the hiring charges, calculated on the hourly basis will not be payable during the time the said Plant is not working. Such notification does not absolve the Hirer from its requirement to safeguard the said Plant.
16. The Owner may terminate this Hire agreement without prejudice to any other remedies available to the Owner and notwithstanding and period of hire specified:
a. At any time by giving to the Hirer notice of its interntion so to terminate;
b. Without notice if the Hirer shall commit any breach of this Agreement or have a winding-up petition presented against it or be wound up or go into voluntary liquidation or commit an Act of Bankrupcy or if receiver of its assets or any of them is appointed or if it makes an assignment or compromises the benefits of its Creditors or if its business is placed under official management or if it ceases to carry on business.
c. Upon the termination of this Hire Agreement the Owner shall be entitled to take possession of the said Plant and the Hirer hereby irrevocably appoints the Owner as its Agent and authorises to enter into any land or premises owned by or under the conrol of the Hirer upon which the said Plant is then situated and agrees on indemnify the Owner in respect of any claims damages or expenses arising out of any action taken under these conditions.
17. The Hirer agrees to keep the said Plant insured against fire damage in transit and Public Liability on site and may elect to pay to the Owner waiver charges in addition to the hire charge expect upon the Owner receving written advice from the Hirer that the waiver cover is not required and that the Hirer accept the full replacement or reinstatement costs (whichever is applicable) for any loss theft or damage to the Owner’s Plant
18. Insurance of the contents of the said Plant is solely the responsibility of the Hirer. The Owner shall not be responsible, whether in negligence or otherwise , for loss or damage or deterioration of any goods stored in the Plants however caused.
19. The person signing the document for and on behalf of the hirer hereby covenants with the Owner that he or she has the authority of the Hirer to make this agreement on the Hirer’s behalf and is empowered by the Hirer to bind the Hirer to this Agreement and hereby indemnifies the Owner against all losses and costs incurred by the Owner arising out of the person so signing this Agreement failing to have such power and/or authority
