Conditions of Hire
1.1 The hiring of the Equipment will commence from the date the equipment is collected from the Resonate Systems place of business and continue until the equipment is returned to the same location. This will be referred to as the ‘Hire Period’.The hiring
1.2 The Hirer is entitled to the use of the Equipment for the Hire Period and for any extension of the hire period formally agreed upon in writing between the Supplier and the Hirer prior to the conclusion of the period. Any extension of the hire period must be communicated with the Supplier a minimum of three (3) business days prior to the conclusion of the hire period specified in the agreement contract.
1.3 The Supplier reserves the right to refuse a request from the Hirer for an extension of the hire period.
1.4 Quotes issued are valid for a total of seven (7) days from the date of issue.
2.1 The Hirer agrees to pay the Supplier the hire fee specified in the quote issued prior to the commencement of the hire period and additional fees for any extension of the hire period.
2.2 Invoices will generally be issued at the end of each month within the hire period and at the conclusion of the hire period. Resonate Systems may at their discretion invoice and require payment prior to the commencement of the hire period.
2.3 The Hirer also agrees to pay, to the fullest extent allowed by law, other charges in accordance with this Contract due upon return of the Equipment, including but not limited to:
(a) loss of, damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage or repair to it, and costs to enforce such charges, including administrative fees for processing the claim and any legal expenses;
(b) unless due to the fault of the Supplier, all fines, penalties, court costs and other expenses relating to the Equipment assessed against the Supplier or Equipment during the Hire Period;
(c) all expenses the Supplier incurs due to the Hirer’s failure to return the Equipment, including costs in locating and recovering the Equipment;
(d) all costs for excess and roaming data charges associated with data transmission from the hired equipment; and
(e) all costs incurred to collect unpaid monies due.
3. Care of Equipment
3.1 The Equipment must only be used in a careful and proper manner and shall not be used in any way that is inconsistent with the Supplier’s instructions and/or manuals.
4. Repair and Alterations
4.1 The Equipment shall not be serviced or repaired, and parts and accessories shall not be replaced without the Supplier’s prior consent.
5. Mobile network charges
5.1 The hire of a device with SMScapabilities includes up to 500 sms messages per month. The cost for any additional messages is $100 (excl GST) per block of 500 messages, which will be added to the rental invoice.
5.2 The hire of a device with mobile data capabilities includes a data allowance based on typical usage. If there are excess data charges these will be added to the rental invoice. If excess data usage is expected this must be communicated to Resonate Systems prior to the commencement of hire.
5.3 Devices with mobile network capabilities are for hire within Australia only. If a device is used outside of Australia, international roaming charges will apply.
6. Restrictions on Use
6.1 The Hirer shall not:
(a) permit the Equipment to be used by any person that is not authorised to use such equipment;
(b) operate or use the Equipment or permit it to be operated or used in violation of law;
(c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
(d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
7. Loss or Damage
7.1 The Hirer shall alert the Supplier to any loss of or damage to the Equipment.
7.2 The Hirer shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it, repair to it and/or missing equipment.
8. Condition of Equipment
8.1 The Hirer acknowledges that the Hirer has examined the Equipment and that it is in good condition.
8.2 The Supplier makes no warranty, express or implied, course of dealing, course of performance, usage of trade or otherwise, and expressly excludes and disclaims all warranties and representations of any kind, including any warranties of merchantability, fitness for a particular purpose, title and non-infringement.
9. Return of Equipment
9.1 The Hirer shall return the Equipment on the date specified in the agreement contract in the same condition as the Hirer received the Equipment, except for normal wear and tear.
9.2 If the Equipment is not returned in satisfactory condition the Hirer shall be liable to pay a flat rate cleaning fee of $90 as well as any additional expenses relating to restoring the functional and cosmetic state of the instrument.
9.3 The Hirer shall return the Equipment to the agreed return location.
9.4 If the Equipment is not returned on the specified date to the agreed return location, the Supplier reserves the right to take any action necessary to regain possession of the Equipment.
10. Reimbursement of Supplier
10.1 To the extent permissible by law, the Hirer will upon demand pay to the Supplier by way of additional rent an amount equivalent to any monies paid by the Supplier in respect of any liability imposed on the Hirer under or by virtue of these terms.
11. Cancellation and Termination
11.1 Orders accepted by the Supplier may be cancelled or varied by the Hirer only with the written consent of the Supplier. The Supplier shall have the right without penalty or payment to cancel any order accepted if:
(a) the Hirer fails to make any payment when due to the supplier under the Rental Agreement;
(b) any act or omission of the Hirer delays or impairs the performance by the Supplier of its obligations under a Rental Agreement; or
(c) the Hirer’s credit becomes impaired.
11.2 In the event of such cancellation, the Supplier shall be entitled to receive reimbursement for its reasonable and proper cancellation charges.
11.3 The Supplier may terminate a Rental Agreement and take possession of the Equipment immediately by serving written notice on the Hirer if:
a) the Hirer fails to pay rent or other monies payable under a Rental Agreement on the due date for payment; or
(b) the Hirer fails to perform or observe any of its obligations under a Rental Agreement (other than an obligation to pay money) and fails to remedy the default (if capable of remedy) within 10 business days after notice from the Supplier requiring rectification of the default; or
(c) an application or resolution for the winding up or bankruptcy of the Hirer is made or a receiver, receiver and manager, administrator or provisional liquidator is appointed to any part of the undertaking of the Hirer; or
(d) any execution or other process of any court or authority is issued against or levied upon the Equipment or any property of the Hirer and is not discharged within 28 days.
11.4 Upon termination, the Supplier may recover from the Hirer all damages and expenses sustained by the Supplier by reason of such termination or by reason of the breach of any covenant by the Hirer.
12. Indemnification and Liability
12.1 To the extent permitted by law and except as provided in these Terms, the Supplier warrants only that each item of Equipment when shipped will be in good operating condition and all other express and implied warranties, guarantees and conditions are hereby expressly excluded. The Hirer shall be responsible for determining that the Equipment is suitable for the Hirer's use and that such use complies with any applicable law. Should the Equipment fail to operate properly during the Hire Period through no fault of the Hirer and the Hirer notifies the Supplier in writing of any claimed defect in the Equipment within two (2) business days of the failure, the Supplier shall, at its option, either repair or replace the Equipment.
12.2 The Supplier is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Equipment or arising out of the Supplier's negligence or in any way whatsoever. The Supplier shall not be liable for any defect in respect of the Equipment supplied if:
(a) the Hirer makes further use of such Equipment after giving the notice required in clause 1.2;
(b) the defect or failure arises from the Hirer's negligent or wilful act or omission; or
(c) the defect arises out of the use of the Equipment in conjunction with Equipment or materials not authorised by the Supplier.
12.3 Any claim arising out of or in connection with a Rental Agreement must be commenced against the Supplier within one (1) year of delivery of the Equipment and the Supplier shall have no liability to the Hirer under or in connection with any claim commenced after such time.
12.4 The supplier's maximum aggregate liability under or in connection with any Rental Agreement shall in no event exceed the amount payable by the Hirer under the Rental Agreement. in no event shall the supplier be liable for any indirect, incidental or consequential loss, including claims arising out of third party actions, regardless of whether such third party actions or any other claims, losses, or damages, were reasonably foreseeable to the Hirer or Supplier, or damages arising out of the rental of the equipment to the Hirer or arising out of anything done in connection with the Rental Agreement.
13.1 The Supplier shall at all times retain ownership and title to the Equipment.
13.2 The Hirer shall notify the Supplier immediately in the event the Equipment is levied, has a lien attached to or is threatened with seizure.
13.3 The Hirer shall indemnify and hold the Supplier harmless against all loss and damages caused by such action. The Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
14.1 No failure of the Supplier to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. The Supplier’s acceptance of payment with knowledge of a default by the Hirer shall not constitute a waiver of any breach.
15. Applicable Law
15.1 The Hire Agreement and these Terms shall be governed by and construed in accordance with the laws of the State or Territory in which it is executed by the Supplier and all disputes arising in relation to the Rental Agreement shall be submitted to the non-exclusive jurisdiction of the Courts of that State and Territory. The Supplier shall be entitled to bring a claim against the Hirer in any court of competent jurisdiction.
16. Entire Agreement
16.1 This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications.
16.2 This Agreement can only be modified by a written amendment agreed to and signed by the party against whom enforcement of such modification is sought.
17.1 The Hirer may not, without the prior written consent of the Supplier, transfer or assign the Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be a void.