RENTAL / HIRE AGREEMENT – TERMS AND CONDITIONS

In these terms and conditions “Allara” means Allara Instrument Hire Equipment Pty Ltd and the “the Customer” means the individual or organisation renting or hiring the equipment.

1. HIRE AGREEMENT

The hire agreement forms the basis of the contract between Allara and the Customer and equipment will only be released or despatched to the customer after the signing of the Hire Agreement by the customer or his authorised representative. Signing of the Hire Agreement by the Customer indicates acceptance of these Terms and Conditions by the Customer.

2. PRICES

Unless otherwise stated, all prices quoted are in Australian Dollars and are subject to change without notice. All prices quoted on this website are exclusive of GST.

3. RENTAL / HIRE PERIOD

The rental period commences on the start date shown on the Hire Agreement and terminates when Allara receives the equipment from the customer at the nominated return delivery address. It is the Customers responsibility to arrange prompt and timely return of the equipment following completion of the hire.

4. DAILY HIRE RATES

The minimum charge is for one day and the rental fee shall become payable to Allara within 14 days from date of invoice unless otherwise agreed in writing from Allara.

5. WEEKLY HIRE RATES

The rate charged is for a seven day week and shall become payable to Allara within 14 days from date of invoice unless otherwise agreed in writing from Allara.

6. MONTHLY HIRE RATES

The rate charged is for a four week period and shall become payable to Allara within 14 days from date of invoice unless otherwise agreed in writing from Allara.

7. EARLY CESSATION

Notwithstanding the rental period, Allara expressly reserves the right to early cessation, which may be exercised on demand and at the absolute discretion of Allara. In the event that Allara so demands the customer shall forthwith return the equipment to Allara. The applicable rental shall be adjusted and payable on a pro rata basis. For the purpose of pro rata a day shall be any day excluding Saturday and Sunday and a public holiday in the event that the business does not continue. A week shall be seven days and a month shall be 28 days

8. DELIVERY AND RETURN OF RENTAL / HIRE EQUIPMENT

Delivery of equipment to the Customer shall be affected by collection by the Customer or his nominated carrier at such of the premises of Allara as is appropriate. Shipment of the equipment to the Customer shall be effected to an address specified by the Customer and shown on the Hire Agreement and at the expense and risk of the Customer. Return of the equipment shall be borne at the Customers expense to the same premises from which the equipment was collected or shipped.

9. OVERDUE ACCOUNTS

Allara may charge the Customer bona fide reasonable costs including the cost of any bank fees for dishonoured cheques, collection agency, solicitor or other legal or accounting costs incurred in the collection of monies overdue. These costs are to be in addition to any award of costs by a court of competent jurisdiction. Allara reserves the right to suspend shipments to any customer whose account is overdue.

10. CUSTOMER COVENANTS

The Customer agrees with Allara that:

• The equipment shall remain the property of Allara unless otherwise agreed in writing from Allara.
• The Customer shall not sell, charge, pledge or part with possession of the equipment.
• The Customer shall use the equipment in a careful and proper manner and not interfere or tamper with the equipment or let any other person / persons do so.
• The Customer shall notify Allara immediately if any judgement or order is levied against the Customer or the property of the Customer or if a petition is presented for the liquidation of the Customer or a receiver is appointed or a scheme of arrangement is proposed.
• The Customer shall permit Allara or its agents or servants to enter the premises where the equipment is located at all reasonable times in order to inspect the equipment and carry out repairs to the equipment.
• The Customer requires and will use the equipment for business purposes only.
• The Customer accepts full responsibility to guard the equipment against theft, damage or negligence until it has been returned to Allara. In respect to theft, damage or loss of equipment the Rental / Hire of the equipment shall continue until the item has been repaired by Allara or the replacement cost has been paid by the Customer to Allara.

11. WARRANTY

Allara warrants that each item of equipment rented/ hired is of merchantable quality and fit for purpose for which it was designed and undertakes to repair or replace equipment, which has failed due to defects in materials or workmanship. Without limiting the generality of the foregoing the aforesaid warranty does not extend to repair or replacement of equipment occasioned by:

• The failure of the Customer to comply with any instructions or literature supplied with the equipment relating to the storage, installation, operation or servicing of the equipment;
• Faulty installation or workmanship by a third party, which causes damage to the equipment;
• The misuse, neglect or alteration in any manner by the Customer, its agents or employees or any third party.

12. LIMITATION OF LIABILITY

The Customer acknowledges that it has not relied upon any statement by Allara in respect of the Customers purpose for the utilisation of the equipment and that Allara is not responsible or liable for the failure of that equipment to perform for the purposes required by the Customer nor for any loss or damage alleged to have arisen from delay in delivery, malfunction or failure of any of that equipment.

13. SEPARATE ITEMS OF AGREEMENT

Where more than one item of equipment is supplied under the Hire Agreement in interpreting this Agreement the singular shall be read as the plural where appropriate and the rental shall be apportioned to each item of equipment as set forth in the “Equipment Details” section of the Agreement and the herein conditions set forth shall apply separately to each individual item of equipment as though each item of equipment were subject to a separate agreement.

14. LONG TERM HIRE

The Customer agrees that if a hire rate discount has been provided for long term hires and the customer returns the equipment prior to the nominated end date Allara reserved the right to charge the customer full value for the period of hire without discount.

15. SUNDRY

These Terms and Conditions set forth constitute the entire agreement between Allara and the Customer with respect to the equipment and shall not be amended except in writing signed by both parities and the Customer does acknowledge and agree that all other warranties or the suitability of the equipment for any particular use or purpose whether implied or statutory are hereby excluded.