THIS EQUIPMENT RENTAL AGREEMENT IS BETWEEN:
Campground Fridge Hire (ACN: 645 500 278) of
Unit 7/ 76-78 Hutchinson Street
Burleigh Heads 4220 QLD
OF THE FIRST PART
– AND –
OF THE SECOND PART
(the Owner and Hirer are collectively the “Parties”)
IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the Equipment to the Hirer, and the Hirer leases the Equipment from the Owner on the following terms:
1. The following definitions are used but not otherwise defined in this Agreement
a. “Casualty Value” means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
b. “Equipment” means House hold fridge which has an approximate value of $400.00.
c. “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.
2. The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set out in this Agreement.
3. The Agreement commences on the START date chosen by the Hirer during the booking process and will continue until the END date chosen by the Hirer during the booking process (the “Term”).
Rent and Deposit
4. The rent for the Equipment will be the amount shown and accepted during the booking process (the “Rent”) and the Rent will be paid prior to the Hirer taking possession of the Equipment.
5. The Hirer will pay a cash deposit or provide a credit card for pre-authorisation of $100 (the “Deposit”) before taking possession of the Equipment. The Owner will refund the Deposit to the Hirer at the end of the Term provided that the Hirer has performed all of the Hirer’s obligations under this Agreement.
Delivery & Collection of Equipment
6. The Owner will, at the Owner’s own risk, deliver and collect the Equipment to/from the Hirer as specified during the online booking process, if this option is selected by the Hirer. A non-refundable fee of $25 for delivery and $25 for pickup will be paid by the Hirer at time of booking.
Use of Equipment
7. The Hirer agrees to keep the equipment located under a weather proof shelter and protected from rain, direct sunlight and other damaging weather effects.
8. The Equipment will be in a good, clean and safe working order and good condition upon delivery, and shall have all appropriate testing & tagging.
9. The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.
Loss and Damage
10. To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause during the time the equipment is in their posession.
11. If the Equipment is lost or damaged, the Hirer will continue paying Rent, will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is
repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
12. In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the
Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.
Ownership, Right to Lease and Quiet Enjoyment
13. The Equipment is the property of the Owner and will remain the property of the Owner.
14. The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
15. The Owner warrants that the Owner has the right to lease the Equipment according to the terms in this Agreement.
16. The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Hirer’s quiet and peaceful possession of the Equipment or the Hirer’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.
17. At the end of the Term or upon earlier termination of this Agreement, the Hirer will return the Equipment OR make the Equipment available for pick up as per online booking arrangements & location dropped off. If the Hirer fails to return or make the Equipment available for pick up, the Hirer will pay to the Owner any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Hirer.
18. The Hirer will, during the whole of the Term and for as long as the Hirer has possession of the Equipment, take out, maintain and pay for insurance against loss of and damage to the Equipment for the full replacement value of the Equipment and will name the Owner as the loss payee.
19. The Hirer will, during the whole of the Term and for as long as the Hirer has possession of the Equipment, take out, maintain and pay for comprehensive general liability insurance
against claims for bodily injury, including death, and property damage or loss arising out of the use of the Equipment. The insurance policy will have limits of at least $20 million.
20. The insurance will be in the joint name of the Owner and the Hirer so that both the Owner and the Hirer will be protected from liability and will provide primary and non-contributing coverage for the Owner. The insurance policy will have a provision that it will not be modified or cancelled unless the insurer provides the Owner with thirty (30) days written
notice stating when such modification or cancellation will be effective.
21. Upon written demand by the Owner, the Hirer will provide the Owner with an original policy or certificate evidencing such insurance.
22. The Hirer appoints the Owner as the Hirer’s attorney-in-fact (“Attorney”) with the power to maintain the above insurance and to secure payments arising out of any insurance policy required by this Agreement. The Attorney has the power to do all acts that are necessary or desirable to secure such payments.
23. If the Hirer fails to maintain and pay for such insurance, the Owner may, but is not obligated to, obtain such insurance, but if the Owner does obtain such insurance, the Hirer will pay to the Owner the cost of such insurance upon notification from the Owner of the amount.
24. The Hirer will indemnify and hold harmless the Owner 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.
25. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:
a. 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.
b. 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.
c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
26. On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the “Remedies”):
a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
b. Apply the Deposit toward any amount owing to the Owner.
c. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
d. 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.
e. Terminate this Agreement immediately upon written notice to the Hirer.
f. Pursue any other remedy available in law or equity.
27. The Hirer may renew this Agreement for an additional Term if the Hirer has given the Owner 30 days’ written notice of the Hirer’s intention to renew and if the Hirer is not in default of any of the terms under this Agreement. Other than as agreed upon in writing between the Parties, the renewal will be on the same terms as this Agreement, except for this renewal clause.
28. The hirer must have a campground powered site. The hirer must obtain approve form the campground owners prior to booking & deliver.
29. Electrical power extension lead will be setup by the Hirer of the Equipment, at their own risk.
30. The Equipment is to remain set up under weatherproof tarp, awning or gazebo.
31. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.
Address for Notice
32. Service of all notices under this Agreement will be delivered personally or sent by registered
mail or courier to the following addresses:
Owner: Campground Fridge Hire, Unit 7/ 76-78 Hutchinson Street Burleigh Heads 4220 QLD
Hirer: (AS PER THE BOOKING DETAILS)
33. All dollar amounts in this agreement refer to Australian dollars, and all payments required to
be paid under this Agreement will be paid in Australian dollars unless the Parties agree otherwise.
34. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
35. This Agreement will be construed in accordance with and governed by the laws of Australia and the Parties submit to the exclusive jurisdiction of the Australian courts.
36. If there is a conflict between any provision of this Agreement and the applicable legislation of Queensland (the “Act”), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
37. This Agreement may be executed in counterparts. Digital signatures by way of an online purchase are binding and are considered to be original signatures.
38. Time is of the essence in this Agreement.
39. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
40. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.
Notice to Hirer
41. NOTICE TO THE HIRER: This is a lease. You are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.
IN WITNESS WHEREOF the Hirer has duly indicated understanding and acceptance of this agreement by selecting the appropriate checkbox during the purchase process, and the Owner commits acceptance of this agreeement as per the day of any booking made.