Introduction
The below agreement outlines the terms and conditions associated with hiring the Ifor Williams HBX511 Horse float from The Horse Rug Whisperer. This agreement is governed by the laws of New South Wales & ACT.
Hirer’s Responsibilities
It will be the hirer’s responsibility to:
- Pay hire charges on booking the equipment.
- Operate, maintain and store the equipment strictly in accordance with any instruction provided by The Horse Rug Whisperer, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by The Horse Rug Whisperer or posted on the equipment as to the operation, storage and maintenance thereof.
- Maintain the equipment in reasonable condition;
- Clean the equipment thoroughly before returning to The Horse Rug Whisperer
- The equipment will only be used by the hirer, and will only be used for its intended purpose;
- Not re-loan the equipment nor sell, assign, sub-let, lend, pledge, mortgage-let or hire the equipment without The Horse Rug Whisperer permission;
- Assume any loss or damage to the equipment (fair wear and tear excluded) during the hire period. If there is a breakdown or failure with the equipment, the hirer must notify The Horse Rug Whisperer and not attempt to repair the equipment. The bond is taken as credit card details. The card will be charged in the event of any damage or loss.
- Any Insurance excess in the event of an insurance claim is payable by the hirer, will be charged to the credit card, and will include:
- Basic excess $500,
- Inexperienced driver excess (license held <2yrs)
- Age excess – drivers aged 16-20 $500, drivers aged 21-24 $300
- Off-road excess $200
- The hirer agrees that the use of the equipment carriers with it dangers and risks or injury to both human and horse and the hirer agrees to accept all dangers and risks. The equipment shall not be used by anyone other than the hirer without the express permission of The Horse Rug Whisperer.
Loan Period
The maximum loan period is 7 days. For longer loans, prior approval must be sought from The Horse Rug Whisperer.
- The hiring of the equipment will commence from the commencement date specified in the schedule attached and continue for the term specified in the schedule. The hirer agrees to return the equipment to the address specified on or before the date outlined in the attached schedule.
- If the equipment is not returned by the due date, a daily charge of $50 plus the hire rate will apply for every day overdue.
TERMINATION OFAGREEMENT
The Horse Rug Whisperer may terminate this agreement:
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At any time by giving the hirer 24 hours’ notice of such intention to terminate;
- Without notice if the hirer commits a breach of any terms of this agreement, or if a winding-up petition is presented against the hirer, or if the hirer goes into liquidation or bankruptcy. The Horse Rug Whisperer will only charge the hire fee up to and including the time of repossession.
Cancellation of float hire by the hirer
The hirer may cancel their float hire at any time. The cancellation fees will be as follows:
- Cancellation up to 2 weeks in advance - full refund
- Cancellation 14 days up to 7 days in advance - float hire will be refunded as a credit to rebook at any time within the next 12 months
- Cancellation 7 days up to 48 hours - 50% float hire will be refunded as a credit to rebook at any time within the next 12 months
- Cancellation less than 48 hours - the float hire fee will not be refunded
LIABILITY:
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The hirer accepts full responsibility of the security of the equipment while in your possession and will indemnify The Horse Rug Whisperer for any loss, theft or damage to the equipment howsoever caused whether or not such loss, theft or damage is attributable or not to your own negligence, failure or omission;
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The hirer accepts full responsibility for and indemnifies The Horse Rug Whisperer against all claims in respect of any injury to persons, animals or loss or damage to property arising out of the delivery, servicing, storage, possession or use of the equipment during the hire period however arising, whether arising from your negligence or that of your employees or agents and without limiting the forgoing whether or not the equipment was being operated by your employee or agent;
- The parties agree that, in the event the hirer suffers any loss or damage howsoever arising as a result of any delay or inconvenience caused by the breakdown, failure or any defect in the equipment, The Horse Rug Whisperer liability will be limited, at our discretion, to the repair of the equipment and is not to include any economic or consequential damages of any nature whatsoever.
DISCLAIMER
To the extent permitted by law, the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.
OWNERDETAILS
The Owner of the Horse Float is Roslyn Pengilly trading as The Horse Rug Whisperer and Canberra Horse Rug Repairs.
Address of the owner is 113 McIntosh Circuit, Murrumbateman, NSW 2582
Equipment to be hired
Ifor Williams HBX511
Registration No. TG37DT
VIN Number SCKD00000L3011971
YEAR 2020
