The Customer shall indemnify and keep indemnified and save harmless William Hire Pty Ltd t/a Just Loos and Mouses Shower & Toilet Hire (“The Owner”) and The Owner’s servants and agents from all damages, suits, actions, claims and demands of every description whatsoever arising directly or indirectly from the use, maintenance, transport, operation of the goods to otherwise and whether resulting from the negligence of The Owner, its servants or agents or otherwise.
To the extent that the Australian Consumer Law, meaning Schedule 2 of the Competition and Consumer Act 2010 (Cth), (or any other law which cannot be excluded) does not apply, The Owner makes no representations and gives no warranties other than those set out in this Hire Agreement and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of Equipment by the Customer.
Clauses 1 and 2 hereof to the extent they are inconsistent with other clauses, terms or conditions of this Agreement are to override such clauses and be of paramount force.
The Owner shall not be liable for any failure to perform caused by, including but not limited to weather, lack of power/water connections, war, terrorism, riots, fires, floods, or other causes beyond its control.
Conditions that prevent satisfactory operation of Equipment do not relieve the Customer of their responsibility for hire charges.
The Owner may close Equipment or require a security guard to be present at anytime if damage, vandalism and/or graffiti is carried out by patron/s and/or any other person while under use by the Customer and during the event.
Damage Waiver is not insurance, but is an agreement by The Owner that the Customer’s liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess. Damage Waiver applies to all hires, subject to the conditions below, for no additional fee. The Damage Waiver Excess is the actual recovery and repair cost of the Equipment, or 20% of the current replacement cost of the Equipment as reasonably determined by The Owner using suppliers list prices, whichever is the lesser amount.
(a) Where the Equipment is lost or stolen;
(b) Where the Customer or its patrons or agents are affected by drugs and/or alcohol; or
(c) Where the Equipment has been wilfully damaged by the Customer or its employees or agents.
(a) Where the Customer has failed to keep the Equipment in a securely guarded location; or
(b) Where the Customer has failed to submit to The Owner a Police Report on the theft within seven (7) days of the theft allegedly occurring.
In the event of Theft Waiver applying, hire fees will be charged to the Customer until the Police Report is provided to the Owner.
Consumables included are a maximum of 15 mini jumbo toilet rolls per event operational day per toilet trailer (toilet paper over and above the supplied amount is to be provided by the event), plus a maximum of nine (9) hand wash cartridges and four (4) hand sanitiser cartridges per event period per toilet trailer.
The Customer is required to pay a deposit (50% of the total amount) on confirmation of order and balance of cleared funds is due and payable prior to the last day of the event.
In the event of cancellation between 10 – 28 days before the event date the deposit will be forfeited. In the event of cancellation less than 10 days before the event date the full invoice amount is payable (if Equipment have been relocated, otherwise deposit forfeited).
If the event finishes earlier than the quoted dates, any refund or price reduction will be at the sole discretion of The Owner.
The customer will on demand by The Owner pay simple interest on a daily basis on any overdue amount at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic).