Terms and Conditions

These terms and conditions must be read and accepted by the Hiree at the time a booking request form is issued (the Booking Form). Upon issue of a Booking Form these terms and conditions are deemed accepted by the Hiree.

1. Definitions

   1. “Agreement” means the agreement between the Hiree and the Supplier consisting of a completed Booking Form, these standard terms and conditions and the applicable Invoice.

   2. “Booking Form” means the booking request form on the Little Lending website which the Hiree is required to complete to hire Equipment.

   3. “Equipment” means the equipment supplied by way of hire by the Supplier to the Hiree.

   4. “Hiree” means persons, jointly or severally if more than one, hiring the Equipment.

   5. “Hire Period” means the period commencing on the date the Equipment is collected by the Hiree from the Supplier’s premises or delivered by the Supplier to the Hiree at the location specified in the Booking Form (as applicable) and expiring on the date the Equipment is returned to the Supplier’s premises in clean and undamaged condition and in the same state as it was received by the Hiree.

   6. “Invoice” means the invoice confirming the Equipment being hired, the hire charge rates and the Hire Period.

   7. “Supplier” means Little Lending Perth (ABN 76 689 988 239).

2. Key Obligations

   1. The Supplier agrees to provide and the Hiree agrees to hire the Equipment:

      1. in the quantity and manner, at the location, and for the periods, set out in the Booking Form;

      2. at the applicable rates set out in the Invoice; and

      3. on the terms and conditions of the Agreement.

3. Use of the Equipment

   1. The Hiree must:

      1. ensure only persons who have been instructed in the use of the Equipment by the Supplier use the Equipment;

      2. ensure that no person other than those instructed in the use of the Equipment by the Supplier are permitted to use the Equipment;

      3. take good care of the Equipment and install, use, operate, maintain and store the Equipment with due care and in accordance with all manufacturer and the Supplier’s instructions, recommendations and guidelines on the safe and proper operation of the Equipment;

      4. not do, omit, or permit anything to be done or omitted which may cause the benefit of any warranty given by the manufacturer of the Equipment to the Supplier to be diminished or lost;

      5. not take the Equipment onto a plane;

      6. not make or permit to be made any alterations or additions to the Equipment, including any repair to the Equipment whether by the Hiree or a third party;

      7. not hire out the Equipment or grant any rights of any nature in respect of the Equipment to any third party; and

      8. return the Equipment clean, undamaged and in the same state and condition as it was when received by the Hiree at commencement of the Hire Period.

   2. The Supplier does not warrant that the Equipment is suitable for any purpose for which it is or may be required. The Hiree is responsible for satisfying itself that the Equipment is safe and appropriate for its intended use.

4. Delivery and Return of Equipment

   1. Delivery of Equipment

      1. The Hiree must either:

         1. collect the Equipment from the Supplier’s premises, at the time and on the day agreed between the parties; or

         2. request that the Equipment be delivered by the Supplier to the address set out in the Booking Form, at the Hiree’s cost, and at the time and on the day agreed between the parties.

      2. The Supplier will ensure that as at the date the Equipment is collected or delivered (as applicable), the Equipment is clean, undamaged and in good working order.

      3. The Hiree must inspect the state and condition of the Equipment upon collection or delivery (as applicable). If the Equipment does not meet the requirements set out in clause 4.1(b) the Hiree must inform the Supplier accordingly in writing immediately upon receipt of the Equipment, failing which the Hiree will be deemed to have received and accepted the Equipment in the state and condition described in clause 4.1(b).

   2. Return of Equipment

      1. The Hiree must, at the Hiree’s cost, return the Equipment:

         1. to the Supplier’s premises by the return date specified in the Booking Form;

         2. clean, undamaged and in the same state and condition as it was when received by the Hiree at commencement of the Hire Period.

      2. If the Hiree fails to fully comply with its obligations under clause 4.2(a) the Supplier may, in its sole discretion, correct such failure and all amount reasonably expended by the Supplier in doing so will be deducted from the bond paid by the Hiree to the Supplier. If the amount reasonably expended exceeds the bond amount, the excess will become a debt immediately due and payable by the Hiree to the Supplier.

      3. Where the Hiree continues in possession of the Equipment after the agreed return date with the Supplier’s permission, the Hiree will continue in possession of the Equipment as a hirer on a periodic basis and the Hiree must continue to observe and perform all of the Hiree’s agreements and obligations under the Agreement and must continue to pay the rates in full.

      4. Where the Hiree continues in possession of the Equipment after the agreed return date without the Supplier’s permission, the Hiree must continue to observe and perform all of the Hiree’s agreements and obligations under the Agreement and must continue to pay the rates in full with an additional penalty of $20 per day payable for every day exceeding the Hire Period.

      5. Equipment returned to the Supplier prior to the agreed return date specified in the Booking Form will not be eligible for any refund of the unused amount.

5. Installation of Equipment by Supplier

   1. The Hiree may choose to have the Equipment installed by the Supplier at the time and on the day agreed between the parties.

   2. The Supplier will install the Equipment in accordance with:

      1. relevant Australian Standards at the time of the installation (if applicable); and/or

      2. the manufacturer’s instructions.

   3. The Hiree is responsible for satisfying itself that the Equipment has been installed in a safe and appropriate manner and in accordance with clause 5(b).

   4. The Hiree acknowledges that the Supplier accepts no responsibility with regard to the installation of the Equipment.

6. Title and Risk

   1. The Equipment is and will at all times remain the property of the Supplier.

   2. The Equipment will be at the Hiree’s risk for the Hire Period or whenever the Equipment is in the Hiree’s possession.

   3. The Hiree is responsible and liable to the Supplier for all loss of or damage to the Equipment during the Hire Period or whenever the Equipment is in the Hiree’s possession, howsoever caused, up to the full replacement value of the Equipment.

   4. The Hiree shall not carry out or permit to be carried out any repairs to damaged Equipment by any person other than the Supplier.

   5. The Hiree shall notify the Supplier of any loss or damage caused to the Equipment during the Hire Period or whenever the Equipment is in the Hiree’s possession immediately upon such loss or damage occurring.

7. Pricing and Payment

   1. Unless otherwise provided, rates quoted under the Invoice include GST.

   2. The Hiree must pay to the Supplier the relevant rates for the Equipment for the duration of the Hire Period as set out under the Invoice, including any delivery charges.

   3. The Hiree must pay to the Supplier the bond in the amount of $100, to be returned to the Hiree upon return of the Equipment in a clean, undamaged condition and in the same state as it was when received by the Hiree at the commencement of the Hire Period.

   4. Payment of the relevant rates and the bond must occur promptly after receipt of the invoice to secure the Equipment and in any event, no later than the date of commencement of the Hire Period.

   5. The Supplier may, in its sole discretion, withhold collection or delivery of the Equipment (as applicable) if payment has not been received in accordance with clause 7(d).

8. Cancellation

   1. In the event that the Supplier is unable to provide the Equipment, the Supplier may cancel the Hiree’s order by written notice to the Hiree (written notice may be served by email or personally). The Hiree will receive a refund of the hire charge and bond in full upon cancellation by the Supplier.

   2. Cancellation of the Hiree’s order by the Hiree must be by written notice to the Supplier (written notice may be served by email or personally). If the Hiree has made payment of the hire charge and/or the bond, the Hiree will be refunded for the full amount of the hire charge and the bond paid except to the extent that any cancellation fee outlined in clause 8(c) applies.

   3. A cancellation by the Hiree within 72 hours of the date when the Hire Period was to commence will incur a cancellation fee of 25% of the hire charge. Cancellations outside of 72 hours will not incur a cancellation fee.

9. Indemnity

The Hiree must indemnify and hold harmless the Supplier from and against all claims, losses, damage, injury, demands, costs, expenses and fines (including the legal costs on a solicitor/client, full indemnity basis) of any kind arising out of or in relation to the Hiree’s use or misuse of the Equipment or breach of the Agreement or otherwise.

1. Liability

   1. The Supplier is not liable to the Hiree or any third party in any way arising out of or in relation to the hire, installation, use of, storage or any other dealings with the Equipment by the Hiree or any third party, including any loss, damage, injury or expense suffered or incurred by the Hiree or any third party, whether resulting from the negligence of the Supplier or otherwise.

   2. The Supplier is not liable for any consequential loss to the Hiree or any third party, including any claim, loss, expense or liability howsoever caused.

2. Rights Reserved

The Hiree may not rely on the words or conduct of the Supplier as a waiver of any right of the Supplier under these terms and conditions unless the waiver is in writing and signed by the Supplier.