Thermal Imaging Rental Australia
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THERMAL IMAGING RENTAL AUSTRALIA

ONLINE HIRE AGREEMENT

DEFINITIONS AND INTERPRETATION

    • Definitions

In this document:

Agreement means these terms & conditions and incorporates any terms as contained, or disclosed to You in Our Online Booking System, Our Website, Our Confirmation Email to You or any other terms of use of the Goods at the time of Your Booking.

Booking means the act of You accessing and inputting information required into Our Online Booking System for the purpose of hiring the Goods.

Confirmation Email means an email from us to You as described in Clause 3.3.

Goods means the goods described in the Confirmation Email to You.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Hirer means the person or entity described in the Online Booking System and who agrees to hire the Goods from Us on the terms of this Agreement. In this Agreement ‘Hirer’ also means “You & Your”.

Online Booking System means the system contained on our Website at the time of Your Booking.

Owner means JACOB ROBINSON ABN 30 715 432 104, trading as ‘Thermal Imaging Rental Australia’, and its substitutes, successors and permitted assigns. In this Agreement Owner also includes “We & Us & Ours”.

Rental Period means the period as described in the Online Booking System which the Hirer agrees to hire the Goods.

Security Deposit means a sum of money paid by You to Us.

Website means Our website.

  • Interpretation
    • Words importing the singular number include the plural and vice versa. Any gender includes the other genders. Any reference to a person includes a reference to a corporation, firm, authority, government or governmental agent.
    • A reference to legislation or to a legislative provision includes all regulations, orders, proclamations, notices or other requirements under that legislation or legislative provision. It also includes any amendments, modifications or re-enactments of that legislation or legislative provision and any legislation or legislative provision substituted for, and any statutory instrument issued under, that legislation or legislative provision.
    • The clause headings in, and the index to, this Agreement are for reference purposes only and do not in any way influence or affect the meaning of this Agreement.
    • A reference to any deed, agreement, licence, document or other instrument (including this Agreement) includes a reference to that deed, agreement, licence, document or other instrument as renewed, extended, novated, varied or substituted from time to time.
    • A reference to any party to this Agreement or to any other deed, agreement, licence, document or other instrument required under this Agreement or for the purposes of this Agreement includes that party's executors, administrators, substitutes, successors and permitted assigns.
    • Where under or pursuant to this Agreement or anything done under this Agreement the day on or by which any act, matter or thing is to be done is not a Business Day such act, matter or thing must be done on the immediate Business Day.
    • Where under or pursuant to this Agreement or anything done under this Agreement the day on or by which any act, matter or thing is to be done is the 29th, 30th or 31st day of any month in which such a day does not occur, such act, matter or thing must be done on the last Business Day of that month.
    • References to clauses are references to clauses of this Agreement.
  • Sole agreement

This Agreement exclusively and completely state the rights between You and Us with respect to the hiring of the Goods. This Agreement supersedes all negotiations and prior agreements, whether written or oral, in respect of Us renting the Goods, or Goods of a similar class, category or description, to You or to any related body corporate or any person associated with You or such related body corporate.

  • Joint and several liability

Where Hirer comprises more than one person, the covenants and agreements on their part contained or implied in this Agreement bind them jointly and each of them separately.

  • TERMS & CONDITIONS
    • You acknowledge that You have read or have had an opportunity to review Our terms and conditions and that constitute the Agreement between You and Us.
    • Subject to Clause 3, you agree that by placing a Booking through our Online Booking System that You agree to be bound by terms of this Agreement.
  • OUR CONTRACT

Offer

  • When You place an offer to hire Our Goods by Booking the Goods via Our Online Booking System, You will receive an acknowledgement e-mail confirming receipt from Us of Your Booking. This email will only be an acknowledgement only and will not constitute as Our acceptance of Your Booking.
  • Notwithstanding Clause 1, You acknowledge that once You have submitted Your Booking You are not entitled to withdraw Your offer to hire the Goods until such time We agree to reject Your offer.

 

 

Binding Agreement

  • A binding Agreement between Us will not be formed until we send You a confirmation by e-mail that the Goods which You have agreed to hire from Us have been dispatched to You. Only those Goods listed in the confirmation e-mail sent at the time of dispatch will be included in the binding Agreement formed.
  • PAYMENT AND CORRECTION OF PRICES

Payment

  • Upon receiving Your Booking We carry out Our standard verification of You and Our authorisation check on Your nominated payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received.
  • You authorise Us to complete any documents necessary or desirable to enable You to make any payments through any credit card system.
  • You authorise Us to retain any identity details and information that You supply to Us for Our own records.

Correction of Prices

  • Whilst We try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If We discover an error in the price of any Goods which We have advertised, We will correct the error straight away. You agree that You may be liable for any outstanding monies as a consequence of this price correction.
  • Delivery costs will be charged in addition to any disclosed rental charges for the hire of the Goods; such additional charges are clearly displayed where applicable
  • RENTAL OF THE GOODS

Rental Period

  • You agree to hire the Goods for the Rental Period and to pay all rental charges, and any other monies as required by Us and as disclosed in the Online Booking System for that Rental Period, together with any applicable GST.

Return of Goods

  • You agree to return the Goods on or before the last day of the Rental Period in a pre-paid package as supplied by Us to You, at the time the Goods were dispatched to You.
  • Notwithstanding Clause 2 We may nominate or direct You to return the Goods at the expiry of the Rental Period by any other manner.
  • If the Goods are not returned by the expiry date of the Rental Period, the provisions of Clause 14

Extension of Rental Period

  • You are entitled to use the Goods for the Rental Period only. Any extension to the Rental Period must be agreed to by Us. In the event that we agree to extend the Rental Period, You must:
    • pay any additional fees as disclosed by Us for the extended Rental Period; and
    • agree to continue to comply with the terms of this Agreement (and any other conditions that We impose on Your use for the extended Rental Period); and
    • return the Goods in accordance with Clause 2 or otherwise notified by Us to You.

Your obligations

  • During the Rental Period, including extension of the Rental Period as agreed to by us, You must:
    • keep the Goods in first class condition and only use them as they would be used by a careful and prudent owner;
    • not use the Goods for any illegal purpose (including any violation of any applicable laws) and ensure that the Goods are used in a lawful manner ;
    • report any theft, damage to, or loss of, the Goods to Us immediately such theft, damage or loss occurs;
    • not do, or fail to do, any action that may invalidate any insurance policies that cover the Goods;
    • be liable for any breach of this Agreement committed by Your servants or agents;
    • indemnify Us for any loss (including legal costs) incurred by Us in relation to any breach of this Agreement and for any liability arising out of any such breach; and
    • use the Goods as directed or notified by Us.

Title to the Goods

  • You acknowledge that We retain title to the Goods and that You have rights to possess the Goods as a mere bailee only. You do not have any right to pledge Our credit in connection with the Goods and agree not to do so. You also agree not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the Goods and not to conceal or alter the Goods or make any addition or alteration to, or repair of, the Goods.
  • SECURITY DEPOSIT
    • Subject to Clause 2 We will return any Security Deposit held by Us to You Within seven (7) days of the return of the Goods to Us.
    • On return of the Goods to Us, and before the return of the Security Deposit, We will inspect the Goods for any damage. You authorize Us to deduct any amounts from the Security Deposit to pay for any repair or service costs to the Goods as a consequence of Your use of the Goods.
  • DELIVERY OF GOODS

Non delivery of goods must be reported to us as soon as possible.

  • Dispatch of Orders
    • All standard orders in Australia are sent by Australia Post, or Our nominated carrier with a tracking number.
    • While We do everything We can to ensure your order is delivered to You in a timely manner, We will not be liable for any loss or damage incurred by any person as a result of a delay caused by Australia Post or Our nominated carrier that We have no control over or by any event which is out of Our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to Us.
    • You agree that You are not entitled to any refunds as a consequence of any delay as described in Clause 1(b).
    • For non-delivery of Goods, please notify Us by email as soon as possible.
    • Risk of loss or damage to the Goods passes to you upon dispatch.

Receipt of Goods

  • You must inspect the Goods immediately upon their arrival and if the Goods are not in accordance with the specified requirements then you must give notice to Us within 24 hours of receipt of the Goods. If you fail to give such notice within 24 hours of receipt of the Goods, the Goods must be deemed to be in all respects in accordance with the specified requirements and You are not entitled to commence any claim against Us in respect of the Goods.
  • REFUND POLICY
    • On dispatch of the Goods You are not entitled to any refund of monies paid to Us in accordance with the terms of this Agreement.
  • WARRANTY DISCLAIMER

Your Warranties

  • You warrants that:
    • the particulars contained in the information that You supplied in the Online Booking System are correct in every respect and are not misleading in anyway including, without limitation, by omission;
    • You will not breach any copyright or other restriction in relation to or in connection with, the Goods;
    • in selecting the Goods You have not relied on Our skill and judgment or on any representations made by or on behalf of Us and agree that the Goods comply with their description.

Our Warranties

  • To the extent permitted by law, any condition or warranty which would otherwise be implied into this Agreement, Us or any person purporting to act on Our authority has given is hereby excluded.
  • Despite Clause 1(c) We make no warranty or representation as to: the shooting accuracy of the Goods, whether the Goods can be fixed to Your firearm/s, or whether the recording mechanism is operable or compatible with Your needs.
  • LIMITATION ON CLAIMS
    • We have no liability to the extent that our performance of the Agreement is prevented by force majeure. For these purposes, "force majeure" means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
    • We have no liability to the extent that a failure of the Goods is attributable to any act or omission on Your part.
    • Our liability for failure to comply with the provisions of the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law (ACL) and its Consumer Guarantee are limited to:
      • in the case of Goods supplied by Us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply), or the repair of the Goods (or the payment of the cost of the repair); and
      • in the case of services supplied by Us, the supply of the services again or the payment of the cost to You of having the services supplied again.
    • Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
    • In all other respects, our total liability for loss or damage of every kind, whether:
      • arising pursuant to this Agreement; or
      • arising in any other way out of or in relation to the hire of the Goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by You to us for the Goods.

  • Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in Agreement, We do not accept liability to You in respect of any indirect or special loss or damage which may be suffered or incurred by You in respect of Goods supplied pursuant to this Agreement.
  • INDEMNITIES
    • Goods used at Hirer’s risk

You agrees to use, operate and possess the Goods at Your own risk. You agree that We will have no responsibility or liability for any loss or damage to any property of Yours. To the full extent permitted by law You release and discharge Us and Our agents and employees from:

  • all claims and demands to Us; and
  • any loss or damage whatsoever and whenever caused to You or Your agents or employees whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise, arising directly or indirectly from or incidental to a breakdown of, or defect in, the Goods or any accident to or involving the Goods or their use, operation, repair, maintenance or storage (whether occasioned by the negligence of Us or otherwise) or which may otherwise be suffered or sustained in, upon or near the Goods.
  • Indemnity against other costs and liabilities

You assume liability for, and indemnifies and will keep indemnified, protected, saved and harmless Us and Our agents and employees from and against any and all injuries, actions, proceedings, claims, demands, liabilities, losses, damages, costs, penalties and all expenses legal or otherwise (including court costs and legal fees reasonably incurred) and of whatsoever kind and nature (including claims based upon strict liability in tort):

  • arising out of or alleged to arise out of the delivery, selection, purchase, acceptance or rejection, ownership, possession, use (including by reason of the use or incorporation of any invention resulting in infringements of patents), repair, maintenance, storage, or operation of the Goods, and by whomsoever used or operated (except where used by Us or any person on behalf of Us);
  • incurred by Us in respect of any loss of the Goods by seizure, distress, execution or other legal process, confiscation or forfeiture of the Goods; or
  • arising out of any claim for patent, trademark or copyright infringement, for strict liability, or for any other reason being made against Us in connection with the Goods or their operation.
  • Survival of indemnities

The indemnities and assumptions of liability contained in Clause 12.1 and Clause 12.2 will continue in full force and effect even though the termination of this Agreement whether by expiration of time or otherwise as to any act or omission relating to the Goods occurring during the continuance of this Agreement which at any time is claimed to have created a cause of action against Us or assumption of liability by You. The indemnities and assumption of liability against any claims for patent infringements will continue in full force and effect throughout the life of the Goods, except as to any alterations or modifications to the Goods occurring after the termination of this Agreement.

  • DEFAULT
    • It is a default of this Agreement if you fail to comply with any term of this Agreement, this includes any damage, loss or theft of the Goods.
    • In the event of a default of this Agreement:
      • We may re-take possession of the Goods; and
      • You must, on demand by Us, reimburse Us for all costs, charges, expenses, fees, disbursements (including all reasonable legal costs on a solicitor and own client basis) paid or incurred by Us of or incidental to:
        • any breach, default or repudiation of this Agreement by You (including the fees of all professional consultants properly incurred by Us in consequence of, or in connection with, any such breach, default or repudiation); and
        • the exercise or attempted exercise of any right, power, privilege, authority or remedy of Us under or by virtue of this Agreement, including all amounts incurred in repossessing the Goods from You under the terms of this Agreement and in enforcing this Agreement generally;
        • to the repair or service of the Goods as a consequence of Your use of the Goods; and
        • replacing the Goods as a consequence of the following:
          • loss by You;
          • theft; and
          • if, in our reasonable opinion, the Goods are beyond repair or service to bring the Goods into the state of condition it was supplied to You.
        • INTEREST ON OVERDUE PAYMENTS
          • Where any, or any part of any moneys payable by You under this Agreement is not paid to Us in the manner required by this Agreement on or before its due date for payment default interest will be payable on the outstanding amount.
          • Default interest will be calculated at the default rate of 8.00% for the period for which such outstanding amount is overdue. Accordingly, default interest will accrue on and from the date following the due date for payment of the outstanding amount up to and including the date of its payment. It will be computed on a daily basis for actual days elapsed and will be compounded on the last day of each month
        • INTELLECTUAL PROPERTY

The specifications and design of the Goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain Our property.

  • WAIVER

Any waiver of any provision of the terms of service will be effective only if in writing and signed by Us. Without limiting the foregoing, if You breach this Agreement and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach this Agreement.

  • ENTIRE AGREEMENT

This Agreement constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and Us.

  • GOVERNING LAW

This Agreement is governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.