TERMS & CONDITIONS

When you hire equipment from ES Rental (ESR) you will be required to sign a one-page rental contract which will detail the type and quantity of equipment hired, the hire period, the agreed rental price and the following Terms & Conditions:

Customers Obligations

The Customer must (and warrants that it will):

• Use the Equipment in a safe and workmanlike manner and in accordance with all applicable laws and regulations (including occupational health and safety laws) and all directions and instructions issued by ES Group Australia Pty Ltd (ESG), and not damage or cause damage to the Equipment;
• Not make (or permit to be made) any alterations or modifications to the Equipment;
• Not transfer, sell, mortgage, encumber, sub-let, assign or otherwise deal with the Equipment so as to affect ESG’s right and title;
• Throughout the term of this Agreement keep the Equipment in a safe and secure environment free from the risk of theft, damage or interference;
• Pay ESG all costs, damages and losses incurred by ESG arising out of or in connection with a breach by the Customer of this Agreement, including any loss or damage to the Equipment;

Delivery & Return of Equipment

• Unless otherwise agreed in writing, the Customer is responsible for picking up the Equipment from and returning the Equipment to ESG. The Price does not include carriage. Any expense incurred by ESG in delivering or recovering (or attempting to recover) the Equipment shall be paid for by the Customer.
• The Customer shall return the Equipment in a safe, serviceable and clean condition and in good repair and order. Any defect or damage to the Equipment which the Customer becomes (or ought to be) aware of, shall be notified to ESG.
• If the Equipment is not returned to ESG by the Return Date the Customer irrevocably authorises ESG and its servants and agents to enter premises and retrieve the Equipment and all costs and damages incurred by ESG in doing so shall be paid by the Customer.

Price and Payment

• The Customer must pay ESG the sum total of the Price for the Equipment plus GST in accordance with the A New System (Goods and Services Tax) Act 1999 Ct.
• The Customer shall pay ESG interest on any amount outstanding under this Agreement at the rate of [10%] per annum.

General

• ESG does not warrant that the Equipment is new or unused or is fit for its intended purpose or will be unaffected by the conditions (including weather or ground conditions) or will be fit for the Customer’s proposed use of the Equipment.
• The Equipment remains the property of ESG.
• The law governing this Agreement shall be New South Wales, Australia.