Quipr Rental Agreement
1.1 This Agreement sets forth the terms and conditions upon which goods are hired through quipr.com.au (the Site) and becomes legally binding upon a Renter paying the Rental Fee via the Site.
1.2 Rental prices are set by the Owner of the Goods (the Vendor) and are displayed on the Site.
2. Renting goods
2.1 The hire of goods will commence from the Start Date and continue for the Hire Period until the Return Date.
2.2 The Hire Period cannot be extended. A new Hire Period can be agreed upon between the Vendor and the Renter during a current Hire Period. To take effect any such agreement must be documented either in email between the Vendor and the Renter or via the Contact Form available on the Site. However, the Renter must make payment for the new period via the Site and complete the process to create a new Hire Period.
2.3 The Renter is entitled to use the Goods for their intended and proper purpose during the Hire Period.
2.4 The Vendor agrees to provide the exact Goods displayed and described on the Site for hire by the Renter. The Vendor agrees that the Goods advertised are authentic and match any description made on the Site or in other communications with the Renter.
2.5 The Goods will be transferred by arrangement between the Vendor and the Renter.
2.6 The Vendor must provide two (2) copies of a condition report (available from the Site) which includes an item description, description of any accessories provided and details of the current condition of the Goods, including identifying any existing marks or damage or functional issues.
2.7 Both the Vendor and the Renter must sign and date both copies of the Condition Report and retain a copy each. Transfer of the Goods must not take place by the Vendor to the Renter unless both Condition Reports are signed and dated by both of them.
2.8 The Condition Report will contain the rental Start Date and the Return Date.
2.9 The pick-up time will be from 2pm on the Start Date and the return time will be before 10am on the End Date.
2.10 Risk associated with the Goods transfers to the Renter when the Renter collects the Equipment from the Vendor.
3.1 The Renter agrees to pay the Rental Fee per Day and a bond amount as displayed on the Site. Rental Fees and bonds are required in full upfront in advance.
4.1 A Renter may cancel the arrangement within two days of making payment, but not within two (2) days prior to the rental start date, in which case a full refund of the bond and fees will be made, less an amount equal to 5% of the Rental Fees for administrative costs incurred by us.
4.2 If a Renter fails to proceed with the transaction or cancels the hire three (3) or more days after making the payment the hire fees will be forfeited.
4.3 In the event that the Vendor wishes to cancel this Agreement, the Vendor must cancel this Agreement within two (2) days of the Renter making payment in which case a full refund will be provided to the Renter.
5. Use and maintenance of Goods
5.1 The Goods at all times remain the property of the Vendor.
5.2 The Renter must not sell, transfer, hire, loan or give the Goods to any other person or part with or share possession of the Goods or do anything which may affect the interest of the Vendor in the Goods.
5.3 The Renter is responsible for the Goods from the time that the Vendor transfers possession to the Renter until the Goods are returned to the Vendor.
5.4 The Renter agrees to use, operate, maintain, store and transport the Goods strictly in accordance with any instruction provided by the Vendor and with due care and diligence.
5.5 The Renter agrees that the Goods will only be used for their intended purpose and in accordance with any manufacturer’s instructions and recommendations whether supplied by the Vendor or posted on the Goods.
6. Loss and Damage
6.1 The Renter will be responsible for any loss or damage to the Goods irrespective of how the loss or damage occurs (subject only to fair wear and tear) during the Hire Period and will be liable to pay for the repairs to any damaged Goods, or if the Goods cannot be repaired, the cost of replacing the Goods.
6.2 The Renter may obtain a professional quote for the cost of the repairs and may decide to pay for the repairs directly or request that an amount equivalent to the repair costs be deducted from the bond.
6.3 Where the Renter pays for the repairs the Goods must be repaired professionally and a receipt is to be provided to the Vendor on the return date.
6.4 Where the Renter pays for the repairs so that the Goods are returned to the same condition that they were in at the Start Date, any bond paid will be returned in full.
6.5 The Goods must be returned in the same condition in which they were supplied. When the Goods are returned to the Vendor, both parties must bring the Condition Report and sign with agreement that the same goods are being returned and that subject to clause 6.3 the condition of the Goods has not changed.
6.6 In the event that the Renter does not return all of the Goods and accessories to the Vendor on the Return Date, the Renter is deemed to no longer have authorisation to be in possession of the Goods. The Vendor will have the automatic right to make a claim for Theft of the Goods.
6.7 The Renter will be liable to pay the cost of replacing the goods of any goods not returned to the Vendor.
6.8 In the event of any breakdown or failure of the Goods however so caused, the Renter shall notify the Vendor immediately so that the appropriate action may be taken.
6.9 In the event that the Goods are lost or stolen the Renter must file a police report immediately, within 24 hours. The Renter must also contact the Vendor and Quipr to provide details of the incident and the police report number. Failure to do so renders the Renter liable for the full cost of the Goods and forfeiture of the bond.
7.1 All rentals are covered by an insurance policy issued on-demand in advance by Intuitive Insurance Solutions.
7.2 Insurance covers items with a replacement value up to AUD $100,000
7.2 Should there be an insurance claim, the bond paid by the renter becomes a deductible and may be paid in part or full to the owner.
8. Warranty and Indemnity
8.1 To the full extent permitted by law Quipr is not liable to the Vendor or the Renter or to any other person for any cost, loss, expense, demand, claim or liability arising directly or indirectly from the hire of goods via the Site.
8.2 Unless provided in this Agreement, Quipr is not liable to the Vendor or the Renter or to any other person for any cost, loss, expense demand, claim or liability arising directly or indirectly from the use or misuse of the Goods, the incorporation or use of any third party’s equipment or services, any breach of this Agreement by the Vendor or the Renter, or the negligent act or omission of any person in connection with this Agreement.
8.3 The Vendor and Renter will be liable for all risks and liabilities for, and in respect to the hiring of Goods and for all injuries to or deaths of persons and any damage to property however arising from the possession, use, maintenance, repair, storage or transport of the Goods.
8.4 To the full extent permitted by law, the Vendor and Renter hereby release, discharge and forever agree to indemnify Quipr from all claims and demands of any nature made against Quipr arising out of our consequent on the use or misuse of the Goods during the Hire Period.
8.5 Without limiting [8.4] the Renter agrees that no warranties are given by Quipr in respect of the Goods.
9.1 This Agreement is terminated automatically once the Goods are returned to the Vendor and both the Vendor and Renter have signed the Condition Report.
9.2 Where either the Vendor or the Renter commits a breach of this Agreement, the other party can terminate this Agreement by notification to the other party and Quipr at which time the Goods must be returned to the Vendor as soon as possible after notification of termination is made.
9.3 If the Vendor breaches the term contained in clause 2.4 of this Agreement and provides Goods that are not authentic or do not match the description described on the Site, the Renter has the right to terminate this Agreement and receive the rental costs refunded in full after the Goods have been returned to the Vendor.
9.4 This Agreement will be terminated automatically if the Vendor or the Renter has action taken against it for a claim of insolvency or bankruptcy, and if a company, has an Administrator, Receiver or Liquidator appointed and if a person, has a Trustee in Bankruptcy appointed. Upon termination, the Vendor is entitled to instant possession of the Goods.
10. Force Majeure
10.1 Neither party will be considered in breach of this Agreement for a failure to perform or delay in performing their obligations under this Agreement due to an event occurring beyond their control including (without limitation) labour shortages, labour disputes, transport delays, data communication delays, inability to obtain products or supplies, fires, civil disobedience, mechanical breakdown, weather, acts of God, acts of Terrorism, government action or regulation, computer software error or any similar event.
This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia.
12. Definitions and interpretation
In these Terms and Conditions, unless the context requires otherwise:
Accident means an unintended and unforeseen incident, including:
- a collision between the Equipment and another vehicle or object, including animals and roadside infrastructure;
- rollovers; or
- a weather event, including hail Damage, that results in Damage or third-party Loss.
Agreement means the agreement between the Vendor and the Hirer for the hire of the Goods.
- any loss or damage to the Goods including its parts, components and accessories, that is not Fair Wear and Tear; and
- assessing fees.
Fair Wear and Tear means minor damage, in the reasonable opinion of the Vendor, caused by ordinary day-to-day use of the Goods in compliance with this Agreement.
Force Majeure Event means an act of God, fire, lightning, earthquake, explosions, flood, subsidence, insurrection or civil disorder or military operations or act of terrorism, expropriation, strikes, lock-outs or other industrial disputes of any kind not relating solely to the party affected, and any other event which is not within the reasonable control of the party affected but does not include any act or omission of the other party.
GST has the meaning given in GST Law.
GST Law has the meaning given in A New Tax System (Equipment and Services Tax) Act 1999 (Cth).
Renter means the hirer, as per the rental agreement, and as named on the Certificate of Insurance.
Start Date is the insurance inception date as indicated on the Certificate of Insurance
Return Date is the insurance expiry date as indicated on the Certificate of Insurance
Hire Period means the agreed period of time the equipment is made available to the Renter
Goods means the item hired through Quipr for the Hire Period, as described on the Certificate of Insurance.
Day is a single consecutive period from 00:01 local standard time to 23:59 local standard time
Bond means the amount paid by the renter as a deductible calculated at 5% of the elected value of the goods
Insolvency Event means the happening of any one or more of the following events in relation to a natural person:
- that person being unable to pay his or her debts as and when they fall due;
- an application and filing for bankruptcy being made in respect of that person; or
- a receiver, or receiver and manager, trustee for creditors or trustee in bankruptcy or analogous person being
Loss means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental.
Rental Fee means the amount payable by the renter for hire of the goods on the site and is made up of the following:
(i) the Rental Price per day (as set by the Vendor) multiplied by the number of days in the hire period.
(ii) the Insurance premium inc GST
(iii) the bond at 5% of the elected value of the goods or $250 whichever is the greater and capped at a maximum $2,500
(iv) the booking fee (5% of (i))
Us, we, our, Quipr means Odinkey PTY Ltd (the website facilitator) trading as Quipr