Equipment Lease Agreement
This Equipment Lease Agreement (the "Agreement") is made and entered as dated by and between "Red Medical Unlimited Pty Ltd" for Defib Hire.com.au , with correspondence addressed to at PO BOX 47 Flemington VIC 3031 (the "OWNER") and the hirer listed below (the "HIRER"). Owner and hirer are hereinafter collectively referred as 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. EQUIPMENT
The Owner hereby leases to Hirer and Hirer hereby leases from the Owner that certain Equipment: first aid defibrillator in accordance with the terms set out in this Agreement.
2. TERM
The agreement commences at the time of a booking and remains in full force and effect until Equipment is returned in full to Owner in the condition it was hired in. The Hirer shall return the Equipment in the manner specified and on the date specified, unless terminated earlier consistent with the terms herein.
3. PAYMENT
Hirer agrees to pay the Owner as rent for the Equipment the amount as specified in the hire agreement . The hire payment shall become prior to hire, and payable as of the Effective Date. Payment shall be made to the Owner at the address set forth herein or such other address as the Owner requests in writing. Hire payments include GST (which is 10%).
4. SECURITY DEPOSIT
Applied subject the discretion of the Owner, To secure performance of Hirer’s obligations under this Agreement, Hirer may be subject to pay to the Owner the sum of up to $300 as a security deposit ( the "Security Deposit").
Prior to taking possession of the Equipment, Hirer shall deposit with the Owner, in trust, a security deposit of up to $300 as security for the performance by Hirer of the terms under this Agreement and for any damages caused by Hirer. Owner may use the deposit to cover any amounts due under this Agreement.
Upon the return of the Equipment to the Owner (within 7 days) in good working order, without damage, the Owner shall refund the Security Deposit to the Hirer. If Hirer breaches any terms or conditions of this Agreement, Hirer shall forfeit any deposit, as permitted by law.
5. LATE PAYMENT
Hirer shall pre pay in advance the full hire amount and any courier fees. This is with the exception of any late fees for hire extensions or return of equipment, for which he needs the permission of the Hirer.
6. DELIVERY
Hirer shall be responsible for all expenses and costs: at the beginning of the Lease Term, of shipping the Equipment to Hirer and at the end of the Lease Term, of shipping the Equipment back to Owner’s premises.
7. DEFAULTS
If Hirer fails to perform any obligation under this Agreement, Hirer shall be in default of this Agreement. Hirer shall have five(5) days from the date of notice of default by the Owner to cure the default. In the event Hirer does not cure a default, Owner may at Owner’s option: 1) cure such default and the cost of such action may be added to Hirer’s financial obligations under this Agreement or 2) declare Hirer in default of the Agreement. In the event of default, Owner may, as permitted by law, re-take possession of the Equipment.
8. MAINTENANCE
Hirer shall be entitled to possession of the Equipment on the first day of the Lease Term. At the expiration of the Lease Term, Hirer shall surrender the Equipment to Owner by delivering the Equipment to Owner in good condition and working order, as it was at the commencement of the Agreement.
9. USE OF EQUIPMENT
Hirer shall only use the Equipment in a careful and proper manner and will comply with all laws, rules, and orders regarding the use, maintenance or storage of the Equipment. Equipment shall not be used in any way that is inconsistent with the Owner's instructions or manuals.
Hirers must not open the Equipment (defibrillator consumables) unless an emergency. Equipment includes but is not limited to pads or battery or other rescue packs that are provided. there or they will be liable
for payment of the replacement products.
Equipment must be in good condition and not to get wet, dusty or dropped.
10. PERMITS
Hirer shall obtain all permits and rules necessary for the use of the Equipment. Hire shall comply with all laws and rules applicable to the installation, use, and operation of the Equipment.
If Hirer want To extend the hire, he must seek permission from the Hirer and pay additional hire costs.
11. RESTRICTIONS on USE
Restrictions require the hirer to:
- Use the equipment carefully and for its intended purpose.
- Comply with all manufacturer requirements/recommendations and with all applicable laws.
- Not alter/modify the equipment without the permission of the owner.
12. LOSS or DAMAGE
Hirer shall alert the Owner to any damage to the Equipment. 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 or repair to it and missing equipment.
If the Equipment is lost, stolen or damaged, Hirer will promptly notify the Owner of such an event.
In the case of loss and damage, the Hirer is required to reimburse the casualty value of the equipment (and plus pay the remaining due to the Owner). Interest will be charged on overdue amounts.
13. INSURANCE
Hirer shall be responsible to maintain insurance on the Equipment with losses payable to Owner against damage, theft, loss, and other such risks as are appropriate and specified by Owner. Upon request by Owner, Hirer shall provide proof of such insurance. In the absence of insurance, the hirer will be liable for full repair or replacement cost in the event of damage, theft, loss, and other such risks as are appropriate and specified by Owner
14. RETURN of EQUIPMENT
Hirer shall return Equipment on the date specified in the hire confirmation documents or emails in the same condition as Hirer received it, except for normal wear and tear. Hirer shall return the Equipment to the Owner’s address. There is no grace period for Equipment returns. If Equipment is not returned on said date, the Owner reserves the right to take any action necessary to regain possession of the Equipment. Upon termination of this Agreement, Hirer shall be liable to the Owner for the fair market value of the Equipment, determined as of the date of this Agreement. If the equipment is not returned in the manner agreed (either to the Owner location in person or by courier which is set out in the hire form) on the date that it is agreed to, the Hirer will be liable for ongoing rental charges at the same rate for the same duration until the item is returned. Hirer shall be responsible for any damage to the Equipment in shipping the Equipment back to the Owner. In the event the Owner provides shipping instructions to Hirer, Hirer shall comply with such shipping instructions.
15. TERMINATION
This Agreement shall terminate on the date specified in the hire agreement documents and/or confirmation email. Owner reserves the right to terminate this Agreement earlier upon notice to Hirer.
16. INDEMNIFICATION
Hirer shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability for any property damage or personal injury arising from Hirer’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or wilful misconduct. In no event shall Owner be liable for any indirect, special or consequential loss or damage arising from renter’s use or misuse of Equipment.
17. OWNERSHIP
The Owner shall at all times retain ownership and title to the Equipment. Hirer shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Hirer shall indemnify and hold the Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
18. SEVERABILITY
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
19. ASSIGNMENT
This Agreement may not be assigned by a Party without the prior written consent of the other Party. Any assignment attempted to be made in violation of this Agreement shall be void. In the event of any assignment, Hirer shall remain responsible for its performance and liable for assignee’s performance. Neither this Agreement nor Hirer’s rights hereunder are assignable except with Owner’s prior, written consent.
20. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement can only be modified by a written amendment and must be signed by both the Owner and the Hirer.
21. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Australia. All suits, actions, claims and causes of action relating to the construction, validity, performance and enforcement of this Agreement shall be in the courts of Australia.
22. NOTICE
Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery Owner and Hirer address. Either party may change such addresses from time to time by providing notice as set forth above.
23. COUNTERPARTS
This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. Hirer acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing. The Parties have entered into this Agreement, effective as of the Effective Date set forth.
OWNER NAME
Red Unlimited Pty Ltd