Terms and conditions

Servicewise Pty Ltd, hereinafter referred to as “The Company,” establishes the following terms and conditions applicable to every customer this contract is addressed to, collectively known as “The Hirer.” This contract serves as the agreement between the Company and the Hirer concerning the rental of the equipment specified in this contract.

In these terms and conditions, unless the context or subject matter indicates otherwise, the singular includes the plural and vice versa. “The equipment” refers to the items listed in this contract.

1. The Hirer shall pay all charges to the Company in advance, prior to equipment delivery.
2. The Hirer shall be considered to have taken delivery of the equipment at the Company’s store.

The Hirer agrees to:

1. Maintain the equipment during the rental period and return it in the same condition as received, excluding normal wear and tear as determined by the Company.
2. Inspect the equipment immediately upon taking delivery and inform the Company in writing of any damage found.
3. Retain possession of the equipment and not allow or enable any legal or equitable lien or encumbrance to be created concerning the equipment.
4. Not sell, mortgage, sublet, or assign the equipment.
5. Not modify or alter the equipment or any part thereof.
6. Pay all charges in accordance with these terms, regardless of whether the Company demands payment.
7. Return the equipment to the Company promptly at the end of the rental period without any requirement for the Company to make a demand for its return.
8. Allow (and obtain permission for) the Company and its representatives to enter the premises where the equipment is located to inspect or repossess it if the Company determines that any term or condition of this contract has been breached.
9. Pay any costs incurred by the Company in the removal or re-delivery of the rented equipment.
10. Not bring or maintain any counterclaim or set-off inconsistent with these terms and conditions.
11. Authorize the Company to access personal information covered by the Privacy Act.
12. Indemnify the Company against any claims or actions arising from the equipment or its use during the rental period.
13. Assume responsibility for any loss or damage to the equipment from the time of taking delivery until its return, agreeing to pay full replacement costs for lost or irreparably damaged equipment within seven (7) days of the Company becoming aware of such loss or damage.
14. In the event of damage rendering the equipment unrentable, pay the Company an amount equal to 33% of the current daily rental rate for each day during the repair period, as determined by the Company.
15. Be responsible for any loss or damage caused to any person or property in relation to the equipment or its use, and obtain public risk insurance for the equipment during the rental period.
16. Not assign this Agreement or any payment obligations without the Company’s prior written consent, which may be withheld at its discretion.
17. Return all leads and cables neatly rolled, acknowledging that the Company may charge a fee for non-compliance.
18. Return the equipment by 10 am (or an agreed-upon time) on the specified return date; otherwise, a daily rate will be charged for each late day, including the specified date.
19. Report any equipment shortages, damage, or malfunctions to the Company no later than upon the equipment’s return.
20. Acknowledge that equipment and service availability is subject to the Company’s discretion.
21. Acknowledge the exclusion of all implied conditions and warranties under the Trade Practices Act 1974, as amended, and other applicable Australian laws, to the extent allowed by those laws.

The Hirer agrees that the Company’s liability for any breach of an implied condition or warranty is limited to:

1. In the case of goods:
   1. The replacement of the goods or the supply of equivalent goods,
   2. The repair of the goods, or
   3. The payment of the cost of having the goods repaired.
2. In the case of services:
   1. The supply of the services again, or
   2. The payment of the cost of having the services supplied again.

The Hirer acknowledges that if any of these terms and conditions become wholly or partially invalid for any reason, the invalid terms and conditions will be severed without affecting the remaining terms and conditions’ force and validity.

These terms and conditions shall be governed by and construed in accordance with the laws of the State where the Hirer takes delivery of the equipment.

Hire charges are subject to change without notice and are quoted in Australian dollars. Unless otherwise specified, quotes provided over the phone are only estimates and may not include delivery, freight, installation, and/or operator fees.