These Terms and Conditions govern the rental of any equipment, clothing or goods whatsoever (“Equipment”) by the person,
entity or body corporate referred to in the Equipment Order Form (“Customer”) from The Equipment Library.
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 The Equipment Library in relation to the suitability of the
Equipment for the Customer’s purposes.
USAGE OF THE EQUIPMENT
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 The Equipment Library 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 The Equipment Library agrees to deliver the Equipment listed in the Equipment Order Form to the Customer then the
Customer shall pay the delivery fee shown in the Equipment Order Form upon delivery of the Equipment.
6. The Customer acknowledges that the delivery date in the Equipment Order Form is an estimate only and should The
Equipment Library be unable to deliver the Equipment:
(a) The Equipment Library shall have no liability to the Customer in relation to any loss, damage or expense caused by The
Equipment Library’s failure to deliver the Equipment; (b) the time for delivery of the Equipment shall be extended by any
amount of time deemed necessary by The Equipment Library; and (c) The Equipment Library may at its sole discretion cancel or
annul any order or request for Equipment (“Order”) without any penalty, expense or claim against The Equipment Library.
7. If the Customer is to collect the Equipment, the Customer must do so from the address and at the time shown in the
Equipment Order Form or upon being notified by The Equipment Library that the Equipment is ready for collection.
RETURN OF THE EQUIPMENT
8. The Customer shall return the Equipment on the date and by the scheduled time for its return detailed in the Equipment
Order Form (“Return Date”).
9. If the Customer does not return the Equipment by the Return Date then the Customer shall pay The Equipment Library late
rental charges at the total daily fee (as listed in the Equipment 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 The Equipment Library shall determine in its sole
discretion) then the Customer shall pay any replacement or repair costs determined by The Equipment Library 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 The Equipment Library (in its sole discretion) then the
Customer will be charged a cleaning fee determined by The Equipment Library.
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 Equipment 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 The Equipment Library in the condition
required under clause 11.
14. If the Customer does not comply with the requirements of clause 12 and clause 13 then The Equipment Library 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
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 The Equipment Library and any other costs, expenses, or losses
incurred by The Equipment Library as a result of the Customer’s failure to pay to The Equipment Library on the due date all sums
outstanding from the Customer to The equipment Library (including without limitation, any debt collection and legal costs on an
LIMITATION OF LIABILITY
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 The Equipment Library 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 The Equipment Library arising directly or indirectly from the use or misuse of the Equipment; (b) to the extent
permitted by law The Equipment Library 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 The Equipment Library for any such matters is hereby excluded. (c) where (and to the extent) permitted by law
the liability of The Equipment Library cannot be excluded it is limited to (at The Equipment Library’s 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
17. The Customer indemnifies The Equipment Library and its officers, agents, and employees from and against all actions, claims,
demands, losses, interest, fees, damages, costs, and expenses of any nature which The Equipment Library or The Equipment
Library’s officers, agents, or employees sustain or incur or for which The Equipment Library 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
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.