Rental Agreement – Terms and Conditions
The hirer agrees to accept the hiring of equipment in accordance with the terms and conditions set out below:
1.) Prior to the commencement of this agreement the hirer covenants and agrees: a) That the hirer has thoroughly examined the goods and is satisfied that the goods are in good working order/condition and suit the purpose that the goods are being hired for. b) Acceptance and use of the goods hired over the phone, fax or internet will deem the goods to be in good working order/condition as per clause 1a.
2.) Mobility and Medical its employees, servants, agents and contractors will not be responsible for or incur any liability whatsoever in respect of any loss (including loss of profits), damage, injury (to person or property) or death or breach of statutory duty caused by or arising out of or in consequence of either of the following: a) The hire of the goods by the customer. b) Any act, omission or default whether negligent or reckless of Mobility and Medical, its employees, servants, agents or contractors.
3.) That except for such conditions and warranties as required by law no condition, warranty or representation is given by Mobility and Medical whether in relation to the conditions, quality, safety or suitability of the goods and any express or implied condition is hereby excluded to the maximum extent permitted by law.
4.) The hirer hereby agrees to indemnify Mobility and Medical from all claims, demands, rights, causes of action, loss or costs incurred by Mobility and Medical, caused by , arising out of or in consequence of the hire of the goods by the customer.
5.) The hirer covenants and agrees with Mobility and Medical as to the following: a) To pay Mobility and Medical the hiring fee of all deductions not withstanding any defect or breakdown of the goods. b) If the hired equipment is lost, stolen, not returned by due date, or returned in a damaged condition in excess of normal wear and tear, the hirer will be liable to compensate Mobility and Medical for all loss and damage sustained by Mobility and Medical as a result of, but not limited to the full cost of repairs to the equipment or the replacement cost of the said equipment. c) The provision by the hirer of a credit card Visa Mastercard or AMEX as deposit, shall be deemed as giving authority to Mobility and Medical to debit the credit card for any costs incurred as described in point 5a and 5b. d) To maintain the goods in good working order and repair and at the expiration of the period of hire to deliver the goods in like condition to Mobility and Medical. e) To keep the goods under the hirers control and not to purport to sell, dispose of or encumber the same. f) In the event that the hirer retains the goods beyond the expiration of the hire period to pay Mobility and Medical by way of liquidated damages an amount equal to the hiring fee for each period of use or part there of that the goods are so retained. g) That no insurance is affected by Medical and Mobility for the benefit of the hirer. h) Any person executing this agreement on behalf of a hire shall be deemed to have the authority to bind the hirer and the hirer shall be stopped by denying such authority. i) Any overdue hire fees will be charged at weekly rental rates.