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INSPECTION
The customer agrees that the equipment supplied is in good order
and suitable for their use and that they are familiar with its operation.
1. The Customer agrees that he has inspected the equipment and
is satisfied that:
(a) The equipment is in working order, and
(b) He understands the proper uses for which the equipment is designed
and the safe operation of such equipment.
(c) The customer acknowledges that the Customer has not relied upon
the skill or judgement of ProCam in entering into this contract.
PAYMENT
The customer agrees to pay rental charges until the equipment is
returned.
2. The Customer will pay to ProCam rental charges at the rate and
in the manner specified on the front hereof from the time when the
equipment leaves the premises of ProCam until the equipment is returned
to such premises subject always to clause 6(3) or clause 11(3) hereof
as applicable.
LATE RETURN
The customer agrees to return the equipment on time or pay extra
rental charges.
3. The Customer agrees to return the equipment by no later than
the time and date specified under the words "Client will return
before" on the reverse of this form. If the equipment is not
returned by the time and date so specified, the Customer shall pay
additional rental charges at the daily rate specified on the front
hereof from such date to the date when the equipment is actually
returned to, or collected by ProCam subject always to clauses 6(3)
or 11(3) hereof as applicable.
BREAKDOWN
The customer shall notify ProCam of any breakdown and not attempt
repairs.
4. (a) The customer shall notify ProCam immediately upon Customer
becoming aware of any equipment shortage or malfunction, howsoever
arising.
(b) The Customer will not interfere in any way with any mechanical
fittings or appliances attached to or forming part of the goods
or, without the written consent of ProCam, have any repairs effected
thereto by any person other than an employee of ProCam or such person
as ProCam may nominate.
DAMAGE
The customer agrees to pay for damage to the equipment.
5. (1) In the case of damage or injury (by fire, storm or through
any cause whatsoever) to the equipment rented in circumstances where
ProCam is of the opinion that the damage or injury was caused or
contributed to by:
(a) the equipment being used for purposes for which it was not designed:
(b) the customer or any other person attempting to repair the equipment
without the prior consent of ProCam.
(c) any negligence by or on the part of the Customer and/or his
servants or agents: or
(d) accident or misuse or abuse of the equipment;
then the customer shall pay on demand the cost of repairs to the
equipment unless in the opinion of ProCam the equipment is unable
to be repaired in which event the provisions of clause 11(2) shall
apply as if the equipment had been stolen or lost.
(2) It is agreed that for the purposes of this clause and of clause
6(2) and 6(3) the cost of repair or of replacement as the case may
be and any charges payable pursuant to clause 5(3) or clause 6(3)
may be deducted from the deposit and the Customer shall pay the
excess to ProCam on demand.
(3) The Customer shall also pay to ProCam on demand a sum equal
to the rental charges which ProCam could have obtained for the period
from the date of commencement of the rental of the equipment damaged
or injured to the date of receipt by ProCam of Payment of the repair
charges pursuant to clause 5(1) or the replacement costs in accordance
with clause 6(2) and incidental charges LESS any rental charges
actually received by ProCam.
COMPENSATION
The customer agrees to pay for the cost of equipment lost or stolen.
6. Where any equipment rented is stolen or is otherwise lost (whether
by fire or through any other cause whatsoever) the Customer shall,
whether or not the Customer has been negligent.
(1) notify ProCam of the theft or loss immediately upon becoming
aware thereof;
(2) pay to ProCam on demand an amount equal to the cost of replacing
the equipment stolen or lost PROVIDED THAT:
(a) Where ProCam is unable, after making reasonable enquiries in
the trade in Brisbane to purchase equipment of an equivalent standard
and condition to the stolen or lost equipment THEN the Customer
shall pay to ProCam on demand the cost of purchasing new equipment
of the same make and model as the stolen or lost equipment or
(b) Where ProCam is unable, after making reasonable enquiries in
the trade in Brisbane, to purchase new equipment of the same make
and model as provided in paragraph 2(a) of this clause THEN the
customer shall pay to ProCam on demand the cost of purchasing new
equipment which most nearly equals the performance of, and is of
similar quality and function to the stolen or lost equipment PLUS
all incidental charges which ProCam may incur including the cost
of altering the equipment to fit peripheral equipment and to comply
with standard protections.
(3) Provided there has not been negligence on behalf of ProCam,
then pay to ProCam on demand a sum equal to the rental charges which
ProCam could have obtained for the period from the date of commencement
of rental of the stolen or lost equipment to the date of receipt
by ProCam of payment of the full amount provided for in paragraph
2(a) or 2(b) of this clause 6 as applicable, LESS any rental charges
actually received by ProCam.
7. Notwithstanding anything contained in these conditions where
any discount is allowed by ProCam to the Customer, rental charges
at the full rate will apply if the payment of the amount stated
on the front hereof is not received within 14days of the proposed
return date, or as otherwise stated on the front hereof.
INDEMNITY
The customer is responsible for accidents caused by use of the equipment.
8. The Customer indemnifies, and keeps indemnified, ProCam in respect
of its liability for personal injuries, property damages and any
associated legal expenses arising out of any accident which might
be caused by or contributed to by, or arise out of the use, operation
or handling of the equipment during the term of rental.
INSURANCE
Provided that Insurance has been paid the customer is responsible
for only the first $1,000 of any loss or damage EXCEPT where due
to water damage, theft from vehicles or other exclusions.
9. Where the customer has paid the Insurance charges specified
on the reverse hereof then the customers liability under Clauses
5(1), 5(2), 6, and 7 shall be limited to the sum of $1,000 EXCEPT
where the damage or loss occurs as a result of: water damage, theft
from unattended motor vehicle, or other exclusion under the Insurance
policy then in place.
RECOVERY OF EQUIPMENT
ProCam has the right to recover its own equipment if charges are
not paid.
10. If the Customer does not return the equipment at the end of
the term of rental, or if the Customer shall fail to pay any rental
charges within (7) days after the proposed return date or shall
fail to observe and perform these conditions or if the Customer
shall do or permit any act or thing whereby ProCam's rights on the
equipment may be prejudiced ProCam may, notwithstanding any waiver
or some previous default, forthwith without notice to the Customer
retake possession of the equipment and for that purpose enter into
or upon the job address or such other premises where the same may
be without prejudice to the rights of ProCam to recover from the
Customer any monies due hereunder or damages for breach hereof and
the Customer indemnifies ProCam in respect of any legal claims arising
out of action taken pursuant to this clause.
GENERAL OBLIGATIONS OF CUSTOMER
The customer agrees that the equipment remains the property of ProCam
and that they will not dispose of it or take it outside Queensland
without permission. The customer agrees to use the equipment carefully,
keep it safe and return it in good order. The customer is responsible
for delivery and pickup.
11. (1) Unless otherwise agreed between the Customer and ProCam,
the Customer shall be responsible for the cost of the pickup and
delivery of the equipment to ProCam.
(2) The Customer acknowledges that all equipment rented remains
the property of ProCam at all times and the Customer will not sell,
charge, pledge or part with possession of the equipment.
(3) The Customer acknowledges having received the equipment in good
working order and condition and the Customer will use the equipment
in a careful and proper manner and permit only skilled and experienced
personnel to use the equipment and will not use the equipment in
connection with any dangerous or hazardous activity.
(4) The Customer shall not take equipment outside the State of Queensland
or Australia without the prior consent of ProCam.
(5) In the event that the departure or return of the equipment is
delayed by reason of intervention of Customs or other Authorities
of any country no allowance or credit will be given to the Customer
for or against rental charges.
SUBSTITUTION
ProCam may supply other equipment than the model specified.
12. ProCam reserves the rights to substitute suitable alternative
equipment to that reserved by the Customer at any time prior to
or during the period of rental.
LEGAL PROVISIONS
Except for the rights given to customers under Government Legislation,
the only valid terms and conditions for rental are those contained
in this document. In the event of any failure, ProCam's liability
is limited to the cost of the supply of hire equipment.
13. In the event that the supply of services pursuant to this contract
is a supply of services as defined in the Trade Practices Act, 1974
("the Act") then to the extent the Act permits the supplier
to limit its liability for a breach of a condition or warranty implied
by the Act, the supplier's liability for such breach shall be limited
to the supplying of the services again or the payment of the cost
of having the services supplied again.
14. (a) Certain legislation (including the Trade Practices Act,
1974 as amended) has the effect
of giving a customer certain rights which cannot be excluded, restricted
or modified by agreement. The provision in the agreement must therefore
be read having regard to such legislation to the extent that it
may be applicable and nothing in this agreement shall have the effect
of excluding, restricting or modifying such rights.
(b) Subject to the rights so conferred upon the Customer and the
restrictions so imposed upon ProCam (to the extent that such rights
and restrictions may be applicable) as set out in paragraph a):
(i) Representations and agreements not expressly contained therein
or incorporated herein by reference shall not be binding upon ProCam
as conditions, warranties or otherwise.
(ii) All conditions, warranties and representations on the part
of ProCam whether expressed or implied, statutory or otherwise,
whether collateral or antecedent hereto or otherwise are hereby
expressly excluded.
(iii) This agreement constitutes the whole of the agreement and
understanding between the parties with respect to the subject matter
hereof and all additions and modifications to this agreement shall
be in writing and shall be signed by both parties.
(iv) ProCam shall be under no liability to the customer for any
loss (including but not limited to loss of profits and consequential
loss) or damage to persons or property or death or injury caused
by any act or omission by ProCam, its servants or agents, or any
other person in any way related to or arising out of the supply
or non-supply or performance of anything or any service provided
for or contemplated by or in pursuance of this agreement (including
negligent acts or omissions).
15. In the event that the supply of goods pursuant to this agreement
is a supply of goods as defined in the Trade Practices Act, 1974
as amended ("the Act"), nothing contained in this agreement
excludes, restricts or modifies in relation to this agreement and
the goods supplied hereunder any condition, warranty, right or remedy
which, pursuant to the Act, applies to this agreement or is conferred
on the customer provided that to the extent the Act permits ProCam
to limit its liability for a breach of a condition or warranty implied
by the Act, then the liability of ProCam for such breach shall be
limited to the payment of the cost of replacing goods or acquiring
equivalent goods.
Document Version 3.3 Revised July 1998
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