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 Fees 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 parties must sign and date both copies of the condition report and retain a copy each. Transfer of the goods must not take place unless both condition reports are signed and dated.
2.8 The Condition report will contain the rental Start Date and the Return Date.
2.9 It is assumed that the pick up time will be 9am on the Start Date and that the return time will be 5pm on the End Date.
2.10 The renter and the vendor may change the pick-up and return dates if both the renter and vendor agree on this change and the change is documented on the condition report.
3.1 The Renter agrees to pay the Rental fee per Day and if required 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 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.
4.2 If a Renter fails to proceed with the transaction or cancels the hire three or more days after making the payment the hire fees will be forfeited.
4.3 In the event that the Vendor wishes to cancel the agreement, the Vendor must cancel the agreement within 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 remains 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 must 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 rental deposit.
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.
6.6 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 the condition of the goods has not changed.
6.7 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.
6.8 The Renter will be liable to pay the cost of replacing the goods of any goods not returned to the Vendor.
6.9 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.
6.10 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 rental deposit.
7. Insurance and/or full deposits
7.1 Quipr has yet to finalise insurance cover for items rented on the site. We therefore take a rental deposit from the renter to cover the full replacement cost of the item.
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 agree to assume 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.
9.2 Where one party 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 at [2.4] of this agreement and provides Goods that are not authentic or do not match the description described, 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.