These Terms and Conditions govern the hire of any equipment, clothing or goods whatsoever by the person, entity or body corporate referred to in the Hire Order Form.
1. The Customer acknowledges and agrees that:
(a) all warranties and conditions expressed or implied by statue, common law, equity, trade, customer usage or otherwise are expressly excluded from these Terms and Conditions to the fullest extent permitted by law; and
(b) no representations have been made by 50 Days in relation to the suitability of the Equipment for the Customer’s purposes.
2. The Customer shall ensure that they, and anyone else who may use the Equipment, uses it:
(a) safely, and as per the manufacturer’s instructions;
(b) lawfully in relation to all applicable, rules, regulations, law and by-laws; and
(c) responsibly and with the necessary care, skill and diligence required to use the equipment.
3. If the Equipment fails, breaks or any fault whatsoever that requires repair becomes apparent to the Customer, then the Customer shall immediately cease to use the Equipment, notify 50 Days of the equipment’s failure, breakage or fault and not attempt to repair, or engage a third party to repair, the equipment.
4. The Customer shall not sell, rent, encumber in any way, or otherwise use the equipment in a manner that is inconsistent with these Terms and Conditions.
5. If 50 Days agrees to deliver the equipment listed in the Hire Order Form to the customer then the customer shall pay the delivery fee shown in the Hire Order Form upon delivery of the equipment.
6. The customer acknowledges that the delivery date in the Hire Order Form is an estimate only and should 50 Days be unable to deliver the Equipment:
(a) 50 Days shall have no liability to the customer in relation to any loss, damage or expense caused by 50 Days failure to deliver the equipment;
(b) the time for delivery of the equipment shall be extended by any amount of time deemed necessary by 50 Days; and
(c) 50 Days may at its sole discretion cancel or annul any order or request for equipment (“Order”) without any penalty, expense or claim against 50 Days.
7. If the customer is to collect the equipment, the customer must do so from the address and at the time shown in the Hire Order Form or upon being notified by 50 Days that the equipment is ready for collection.
8. The Customer shall return the equipment on the date and by the scheduled time for its return detailed in the Hire Order Form (“Return Date”).
9. If the Customer does not return the equipment by the return date then the customer shall pay 50 Days late rental charges at the total daily fee (as listed in the Hire Order Form) for each day, or part of a day, that the equipment is returned after the return date.
10. If the equipment is lost, stolen or damaged beyond repair (which 50 Days shall determine in its sole discretion) then the customer shall pay any replacement or repair costs determined by 50 Days upon demand. For the purposes of this clause 10, the equipment shall be considered lost if it is not returned within 7 days of the return date.
11. The equipment must be returned in the same condition as when it was delivered to the customer and must be clean and dry. If the equipment is not returned in a state which is acceptable to 50 Days (in its sole discretion) then the customer will be charged a cleaning fee determined by 50 Days.
12. The customer shall pay the full fee for the equipment upon delivery or collection (where applicable) of the equipment.
13. The customer shall pay the deposit shown in the Hire Order Form as security for the equipment. Any deposit shall be returned to the customer within 5 business days of the equipment being returned to 50 Days in the condition required under clause 11.
14. If the customer does not comply with the requirements of clause 12 and clause 13 then 50 Days is under no obligation to provide the customer with the equipment and will not be liable for any loss suffered by the customer as a result of this.
15. The customer must pay interest on any amount not paid by the return date at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 plus 2% to 50 Days and any other costs, expenses, or losses incurred by 50 Days as a result of the customer’s failure to pay to 50 Days on the due date all sums outstanding from the customer to 50 Days (including without limitation, any debt collection and legal costs on an indemnity basis).
16. The customer acknowledges and agrees that:
(a) the equipment will be used in activities which carry risk of personal injury or death as well as loss or damage to the equipment and voluntarily assumes those risk and thereby releases 50 Days from any liability in respect of the same and waives any claims it may have for any indirect, incidental, consequential or economic loss, cost, expense, demand or action against 50 Days arising directly or indirectly from the use or misuse of the equipment;
(b) to the extent permitted by law 50 Days shall not be liable for:
(i) any claim by the customer or any other person, including without limitation, any claim relating to or arising from all clauses, conditions, guarantees and warranties expressed or implied, and all rights and remedies conferred on the customer, by statute, the common law, equity, trade, custom or usage or otherwise; or
(ii) any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising. And the liability of 50 Days for any such matters is hereby excluded.
(c) where (and to the extent) permitted by law the liability of 50 days cannot be excluded it is limited to (at 50 Days option) one of the following:
(i) replacement of the equipment or supply of equivalent equipment; or
(ii) repair of the equipment.
(d) it uses the equipment at its sole risk and assumes full responsibility in connection with any liability of any kind arising from its use or misuse of the equipment.
17. The customer indemnifies 50 Days and its officers, agents, and employees from and against all actions, claims, demands, losses, interest, fees, damages, costs, and expenses of any nature which 50 Days or 50 Days officers, agents, or employees sustain or incur or for which 50 Days may become liable at any time in respect of or arising from the customer’s use or misuse of the equipment.
18. These Terms and Conditions can only be amended, supplemented, replaced or novated by another document signed by the parties.
19. These Terms and Conditions contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Terms and Conditions and has no further effect.
20. Any provision of these Terms and Conditions which is unenforceable, illegal or void or partly unenforceable, illegal or void is, where possible, to be severed to the extent necessary to make these Terms and Conditions enforceable.