- “The Company” means Night Vision Australia Pty Ltd ABN 74 094 134 237
- “The Customer” means the person hiring the equipment from the Company and where there is more than one Customer the agreement shall be deemed joint and several.
- “Equipment” refers to items detailed in the rental agreement and includes all accessories such as adaptors, lenses and carry cases
- “GST” means a goods and services tax as defined in the GST Act. A New Tax System (Goods and Services) Tax Act 1999.
Customers must produce acceptable forms of identification. These include:
- Drivers Licence
- Official Company order
3. CUSTOMER RESPONSIBILITIES
- You and you alone, are authorised to use & be in custody of the Equipment during the rental period;
- You will not use the Equipment in any unlawful way.
- You accept full responsibility for the Equipment, including all of its parts and accessories, and be personally responsible for any loss of, or damage to, the Equipment
- You will return the Equipment at the time agreed, as noted in the Rental Agreement, and will immediately advise the Company if the Equipment cannot be returned by the appointed time
- You will report immediately to the Company any damage to the Equipment
4. TERMINATION BY COMPANY
The Company may terminate this contract and repossess the Equipment in any of the following events:
- if the Customer shall fail to pay any hiring charges
- if the Customer shall do or permit any act or thing whereby the Company’s rights in the Equipment may be prejudiced
- if the Customer commits any breach of contract
- if the Customer should become or be made insolvent or bankrupt or make any agreement or composition with its creditors or in case of the Customer being a limited company, should an order be make or a resolution passed for the winding up of such company.
If such termination occurs, the Customer will pay the Company all costs and charges incurred under this contract.
5. NO WARRANTY OR GUARANTEE
Except as provided by law, the Equipment is hired to you without warranty or guarantee of any kind, expressed or implied, and the Company assumes no responsibility unless agreed to in writing.
6. HIRE CHARGES & PAYMENT
- In the event that the Equipment is not returned by agreed date and time the Customer shall be liable for additional fees at the full weekly rate for the equipment.
- The Customer shall pay to the Company all Hire costs in advance prior to taking possession of the Equipment.
- The minimum hiring period for Equipment hire is one (1) week
The Customer must throughout the term of this agreement, and at the Customer’s cost, keep the Equipment insured for its full replacement value. The value of the Equipment for insurance purposes is listed on the agreement
8. CANCELLATION CHARGES
Except where otherwise agreed by the Company, cancellation of booked or reserved Equipment within forty-eight hours of the time specified for collection will incur a cancellation charge equal to 50% of the hiring fee from the period originally booked or reserved.
9. TITLE & POWER OF ENTRY
The Equipment remains the property of the Company at all times and the Company may enter any premises where the Company reasonably believes the goods are located for the purpose of taking possession of the goods in accordance within this Agreement and the Customer hereby indemnifies the Company against any liability the Company may incur in the exercise of its rights under this clause.
The Customer agrees to indemnify the Company and to hold the Company and its employees and agents harmless from and against any and all losses, damages, claims, demands or liability of any kind or nature whatsoever including legal expenses, arising from the use, condition (including, without limitation, latent and other defects) or operation of the Equipment, and by whosoever used or operated during the hire term. This indemnification shall continue in full force and effect during and after the term of the hire for causes arising during the term of the hire.
THE ABOVE TERMS AND CONDITIONS FORM PART OF THE COMPANY’S STANDARD RENTAL AGREEMENT FOR THE HIRE OF NIGHT VISION EQUIPMENT