The Company - The Company is The Market Space ABN 30626182702 trading as Indybar.
The Client - The Client is the person or company responsible for the hire and use of the equipment.
Installation - The Company representative will visit the site at an agreed time to deliver and install the equipment as per the Company’s general installation plan.
Collection - The Company representative will return to the hire site at an agreed time to disassemble and remove the equipment from the same location as it was installed.
Equipment - All physical items hired out to the Client under the agreement of hire.
The Client is responsible for security and condition of the equipment from the time of installation until the time of collection.
The Client shall perform an inspection of the equipment after installation whilst the Company representative is still present on site. The purpose of this inspection is to 1) identify any existing damage to the equipment and 2) to assess the suitability of the installed equipment and its fitness for the intended use by the Client.
The Company representative will perform a dilapidation assessment of the equipment after installation and prior to leaving site. The purpose of this assessment is to identify any existing damage to the equipment. This will consist of photographs which can be made available at the request of the Client.
The Client will assume all responsibility for personal and property damage resulting from the use of this equipment during the hire period.
The Client recognises that the Company will not be supervising the use of the equipment by the Client. The Client shall indemnify the Company against liability for damages to people or property resulting from the use of the equipment by the Client. The Company will also be indemnified against all liability arising from third party claims resulting from damage to property or personal injury.
After the installation of the equipment the Client shall not relocate, reposition or modify any part of the equipment in a way which is not specifically instructed in the user guide.
In the event the equipment is damaged or stops working during the hire period it is the responsibility of the Client to take all necessary actions to protect people from injury and prevent damage to property by the equipment.
In the event the equipment is damaged or stops working during the hire period it is the responsibility of the Client to take all necessary actions to protect the equipment from further damage.
If the equipment becomes lost or damaged whilst under the care and responsibility of the Client, the Client shall be liable for the cost of replacement of the equipment and any other costs incurred by the Company as a result of the loss or damage to the equipment.
The Client will make full payment of the agreed hire fees prior to delivery of the equipment.
Payment will include the agreed rate of hire for the equipment as well as an approval to charge the Client’s credit card as security against lost or damaged equipment. The Company reserves the right to charge the Client’s nominated credit card to recover costs incurred due to the loss or damage of equipment by the Client.
The Company may terminate hire at any time. The client is not entitled to claims as a result of termination by the Company.
The Client will terminate the hire by notifying the Company that the equipment is ready for collection and provide access to the Company representative to collect the equipment on the agreed time of collection. The client must ensure the equipment is safe until collection by the Company.
At the time of collection, the Client will allow full access to the property for the Company representative to collect the equipment.
If access to the equipment is denied to the Company at the time of collection, the Client shall pay an additional charge of 100% of the daily hire fee for each day the Client maintains possession of the equipment.
The Client shall ensure the equipment is clean and ready for collection by the Company representative.
If the equipment is not ready to be returned to the Company at the time of collection, the client shall pay an additional charge of 100% of the full rental fee for each day the Client maintains possession of the equipment.