This Equipment Hire Agreement ("Agreement") is made between Quarantine Rentals Pty Ltd ACN 651 861 602 (“Owner”) and you, when you use our equipment (“Hirer”).
- The Owner is the proprietor of the equipment listed in the Schedule to this Agreement (“Equipment”).
- The Hirer will hire the Equipment specified in the Schedule from the Owner upon the terms and conditions in this Agreement.
Hire of Equipment
(a) The hiring of the Equipment will commence from the date specified in the online purchase confirmation email, or the email invoice, and will continue for the term specified in the order details.
(b) The Hirer is entitled to use the Equipment for the hire period as outlined in the order details ("Hire Period") and for any agreed extension of the period.
(c) The Hirer agrees to return the Equipment to the hotel management of the hotel they are staying in or to the Owner on or before the end of the Hire Period.
(d) The Owner will not refund any hire fee monies if the Hirer elects to return the Equipment prior to the end of the Hire Period, regardless of reason.
Use, operation and maintenance
(a) The Hirer agrees that the use of the Equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.
(b) The Equipment must not be used by anyone other than the Hirer. The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations, respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
(c) The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
(d) The Hirer agrees to comply with all occupational health and safety laws relating to the use of the Equipment and related operations.
(e) The Hirer must ensure the Equipment is returned to the Owner thoroughly cleaned. In the event that the Equipment is not thoroughly clean when returned to the Owner, the Hirer will pay the Owner the reasonable costs for cleaning the Equipment.
(f) The Hirer must not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
(g) The Hirer agrees that they have read the user manual and safety procedures pertaining to the safe use of the equipment.
The link to these manuals can be found here:
- Spin Bike User Manual (Lifespan SP-310 M2)
- Spin Bike User Manual (Lifespan SP-460 M2)
- Exercise Bike User Manual (Lifespan Exer-58)
- Treadmill User Manual (Lifespan Arc Treadmill)
- Generic Treadmill User Manual
- Rower User Manual (Lifespan Rower-445)
The Hirer warrants that:
(a) the Equipment will be used in accordance with the conditions outlined in the Schedule;
(b) the particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
(c) the Hirer holds a valid current driver’s licence, operating licence or permit valid for the type of Equipment hired;
(d) the Equipment will not be used for any illegal purpose;
(e) the Hirer’s vehicle is suitable for towing or transporting the Equipment;
(f) the Hirer will not, without prior written consent of the Owner, modify, or permit any modification of, the Equipment in any way;
(g) the Hirer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose; and
(h) the Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Hirer's use of the Equipment and agrees that in no circumstance will the Owner be liable for any injury or illness (including virus) caused or thought to be caused by the Owner's equipment. The Hirer is solely responsible for their own safety when operating and/or coming into contact with the Owner's equipment or staff.
Loss, damage or breakdown of Equipment
(a) The Hirer will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred (normal wear and tear excepted) during the Hire Period.
(b) If there is a breakdown or failure of the Equipment, then the Hirer must return the Equipment to the Owner at the Hirer’s expense and the Hirer must not attempt to repair the Equipment.
The Hirer will assume all risks and liabilities for and in respect of the Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer’s possession, use, maintenance, repair or storage of the Equipment.
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.
(a) The Hirer acknowledges that the Owner retains title to the Equipment and that the Hirer has rights to use the Equipment as a mere bailee only. The Hirer does not have any right to pledge the Owner’s credit in connection with the Equipment and agrees not to do so.
(b) The Hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt top part with personal possession or otherwise not to deal with the Equipment and not to conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.
(a) The Owner may retake possession of the Equipment if the Hirer breaches any provision of this Agreement, notwithstanding anything else contained in this Agreement.
(b) If repossession occurs, the Owner will only charge the Hire Fee up to and including the time of repossession.
Completion of the Hire Period
The Hire Period is completed when the Equipment has been returned to the Owner:
(a) in the same condition as when it was hired; and (b) on or by the date and time outlined in the Schedule.
The covenants, agreements and obligations contained in this Agreement will not merge or terminate upon the termination of this Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
This Agreement will be construed in accordance with and governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales there in connection with matters concerning this Agreement.
(a) In this Agreement, unless the context otherwise requires: (i) A reference to the singular includes the plural and vice versa; (ii) A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents; (iii) A reference to an individual will include corporations and vice versa; and (iv) If a word or expression is defined, its other grammatical forms have a corresponding meaning. (v) Headings are for convenience only and do not affect interpretation.