HydroTerra Hire Terms and Conditions

The following are the terms and conditions associated with the hiring from HydroTerra:

Instrument Calibration

All HYDROTERRA instruments are subject to calibration/check testing prior to dispatch, however the hirer is responsible for ensuring appropriate calibration prior, during and following the use of an instrument.  HYDROTERRA will carry out regular maintenance and repairs due to ordinary wear.  HYDROTERRA under no circumstances will be responsible for the validity of instrument readings.

Equipment Repairs & Cleaning

Prior to the dispatch of instruments, HYDROTERRA inspects and cleans instruments to ensure satisfactory performance.  The hirer is to follow instrument maintenance guides or instructions, which are provided by HYDROTERRA.  Any failure to clean and decontaminate instruments will incur additional costs based on $25 for every 15 minutes (or part thereof) required to carry out repairs and decontamination. 

Damage or Loss

The hirer is responsible for all financial liabilities associated with instrument loss or damage during incorrect usage, possession or freight, and HYDROTERRA must be notified immediately any instrument is lost or damaged.  The hirer assumes all financial liability for loss and damage of equipment due to misuse, abuse or accident.

The Customer accepts full responsibility to guard the equipment against theft, damaged or negligence until it has been returned to HYDROTERRA.  In respect to theft, damage or loss of equipment the rental/hire of the equipment shall continue until the item has been adequately repaired (as deemed by HYDROTERRA) or the replacement cost has been paid by the customer to HYDROTERRA.

Replacement of Malfunctioning equipment

In the event of instrument failure or malfunction, HYDROTERRA must be notified immediately, and a replacement will be shipped if available, if the instrument problem is not able to be rectified quickly and easily.  Malfunctioning instruments are to be immediately returned to HYDROTERRA.  Costs for road freight in such circumstances will be covered by HYDROTERRA; if airfreight is required additional charges are the responsibilities of the renter.  Transit insurance charges can be included if so desired by the renter.

Freight conditions & Charges

HYDROTERRA will dispatch hiring instruments using a pre-paid express service, which will be invoiced as freight charges.  The return of instruments and associated freight charges is the responsibility of the hirer unless arrangements have been made prior with HYDROTERRA. Any loss or damage to instruments during shipment from the hirer to HYDROTERRA is the responsibility of the hirer.  HYDROTERRA must be notified immediately should any shipment problems occur. The hirer must ensure that it is contactable by phone on the day of dispatch and HYDROTERRA must be contacted by 12.00 pm the day before if there are any changes to the agreed day of dispatch, otherwise cancellation fees will apply including freight charges.

Liability

Under no circumstance is HYDROTERRA liable for any damage, including financial losses, instrument losses, associated damage to other equipment/instruments, replacement instrument charges or downtime.  HYDROTERRA is not responsible or liable for any loss or damage of a hirer's business, property, injury or death.  HYDROTERRA is indemnified by the hirer from any claims arising from, and associated with the hiring of instruments, including legal fees and charges.

Rental Period

The hiring period commences on the date indicated on the Rental Order Confirmation Form.  The duration of the hire is based on the date the Instrument(s) are returned to HYDROTERRA.  Instrument(s) returned after 12 noon will incur the additional hire cost for that day.  There is no charge for equipment held over the weekend, and the minimum hiring period is 1 day.  Any extension of the hire period must be approved by HYDROTERRA. 

Daily rental rate is based on a 24-hour period; Weekly rental rate is based on a 7-day period; Monthly rental rate is based on a 4-week period

Payment Terms

Payment terms are either in advance or on account, net 30 days from date of invoice.  Statements will be mailed out to assist account reconciliator and prompt payment.  HYDROTERRA reserves the right to suspend shipments to customers whose accounts are overdue.

Early Cessation

Notwithstanding the rental period, HYDROTERRA expressly reserves the right to early cessation, which may be exercised on demand and at the

absolute discretion of HYDROTERRA. In the event that HYDROTERRA so demands the customer shall forthwith return the equipment to HYDROTERRA. The

applicable rental shall be adjusted and payable on a pro rata basis. For the purpose of pro rata a day shall be any day excluding Saturday and Sunday and a public holiday in the event that the business does not continue. A week shall be seven days and a month shall be 28 days

Customer Covenants

The Customer agrees with HYDROTERRA that:

• The equipment shall remain the property of HYDROTERRA unless otherwise agreed in writing from HYDROTERRA.
• The Customer shall not sell, charge, pledge or part with possession of the equipment.
• The Customer shall use the equipment in a careful and proper manner and not interfere or tamper with the equipment or let any

other person / persons do so.

• The Customer shall notify HYDROTERRA immediately if any judgement or order is levied against the Customer or the property of the

Customer or if a petition is presented for the liquidation of the Customer or a receiver is appointed or a scheme of arrangement is

proposed.

• The Customer shall permit HYDROTERRA or its agents or servants to enter the premises where the equipment is located at all reasonable

times in order to inspect the equipment and carry out repairs to the equipment.

• The Customer requires and will use the equipment for business purposes only.
• The Customer accepts full responsibility to guard the equipment against theft, damage or negligence until it has been returned to

HYDROTERRA. In respect to theft, damage or loss of equipment the Rental / Hire of the equipment shall continue until the item has been

repaired by HYDROTERRA or the replacement cost has been paid by the Customer to HYDROTERRA.

Warranty

HYDROTERRA warrants that each item of equipment rented/ hired is of merchantable quality and fit for purpose for which it was designed and

undertakes to repair or replace equipment, which has failed due to defects in materials or workmanship. Without limiting the generality of the foregoing the aforesaid warranty does not extend to repair or replacement of equipment occasioned by:

• The failure of the Customer to comply with any instructions or literature supplied with the equipment relating to the storage,

installation, operation or servicing of the equipment;

• Faulty installation or workmanship by a third party, which causes damage to the equipment;
• The misuse, neglect or alteration in any manner by the Customer, its agents or employees or any third party.

Limitation Of Liability

 The Customer acknowledges that it has not relied upon any statement by HYDROTERRA in respect of the Customers purpose for the utilisation of the equipment and that HYDROTERRA is not responsible or liable for the failure of that equipment to perform for the purposes required by the

Customer nor for any loss or damage alleged to have arisen from delay in delivery, malfunction or failure of any of that equipment.

Long Term Hire

 The Customer agrees that if a hire rate discount has been provided for long term hires and the customer returns the equipment prior to the nominated end date HYDROTERRA reserved the right to charge the customer full value for the period of hire without discount.

Sundry

 These Terms and Conditions set forth constitute the entire agreement between HYDROTERRA and the Customer with respect to the equipment and shall not be amended except in writing signed by both parities and the Customer does acknowledge and agree that all other warranties or the suitability of the equipment for any particular use or purpose whether implied or statutory are hereby excluded.