(a) If the Equipment is damaged or tampered with the Hirer shall forfeit the deposit.
(b) The Hirer shall return the Equipment to the Firm at the place, date and time specified in this agreement in the same conditions as when received by the Hirer.
(c) The Hirer warrants that all particulars shown on the agreement are true and correct.
(d) The Hirer acknowledges that the Equipment is the propertyof the Firm and that it has been received by the Hirer in good order and condition.
(e) In the event of any collision or accident the Hirer shall immediately notify the Firm
(f) The Equipment is hired to the Hirer on his or her representation that the Hirer can swim and that he or she is over the age of 18 years and will use the Equipment in a safe and careful manner and only for its intended use NO person other than the Hirer may use the Equipment unless written permission is first obtained by the Hirer from the Firm.
(g) The Hirer will not at any time make any claim against the Firm in respect of personal damage or inconvenience to himself or any person using the Equipment or any delay or other matter arising from or incidental to a breakdown of any accident to the loss of the equipment
(h) If the Equipment is not returned to the Firm at the expiration of the period for which it is hired, the Hirer shall be deemed to have stolen the Equipment and the Firm or its agents shall be entitled to take any proceedings to arrest the Hirer and recover the Equipment.
(i) The Equipment is hired for use in Western Australia only.
(j) The Hirer shall pay all the costs and expenses for the repair of any damage to the Equipment which occurs during the period of hire irrespective of the cause of such damage. In the event of total destruction the Hirer agrees to reimburse the Firm for the full retail value of the hired Equipment
(k) Time shall be of the essence on this Agreement in all respects.
(l) The Equipment is at the risk of the Hirer and not the Firm and the Firm is not liable in tort or contract or otherwise for any loss or damage to or deterioration of the Equipment or any loss or damage to or arising from the use or attempted use of the Equipment by any person for any and every reason (including without limitation the negligence or breach of contract or wilful act or wilful act or default of the Firm )
and the Hirer covenants that it will use the Equipment at its own riskin all things and the Firm , its owners, employees and agents (or any one or more of them) will not be liable for death, loss, damage or injury of any naturewhatsoever suffered or incurred by :
(i) the Hirer
(ii) any person who uses the Equipment
however that death, loss, damage or injury arises, including without limitation, as a result of any act , matter or thing done or omitted to be done by the Firm, its owners, employees and agents ( or any one or moreof them) and whether arising from negligence or otherwise.
(m) The Firm shall not be under any liability in respect of any loss or damage which may be suffered or incurred or which may arise in respect of Equipment or its use or the failure or omission on the part of the Firm to comply with its obligations .
(n) The Firm’s liability in relation to or arising from any of the Equipment, its use or attempted use be limited to the cost of supplying the Equipment again or the payment of the cost of having the Equipment supplied again.
(o) The Firm is discharged from and the Hirer shall indemnify the Firmagainst all liability, loss or damage whatsoever in respect of the Equipment and its use arising from its use unless claim is made in writing addressed to the Firm within 1 month from the date of this Agreement.
(p) The Hirer covenants to indemnify the Firm, its owners,employees and agents (and each of them) from and against all claims, demands, losses, damages, costs and expenses (including legal costs on a full indemnity basis) of any nature whatsoever which may be madeagainst or suffered or incurred by them (or any one or more of them) as a result of the death, loss, damage or injury of any nature directly or indirectly (and whether negligent or otherwise ) done or omitted to be done by:
(i) the Hirer
(ii) any person (whether or not a minor) who uses the Equipment.
(q) These conditions are subject to and must be governed and construed in accordance with the laws of Western Australia and any proceedings against the Firm must be brought in Western Australia.
(r) If any part of these Terms and Conditions is or becomes void or unenforceable then that partmust be served so that all partsthat are not or do not become void or unenforceable remain in full force and effect and are unaffected by any severance.
(s) The Hirer acknowledges that Canoes must only be used on inland and protected waters in the State of Western Australia and to a distance from the foreshore not exceeding 400 metres. The Hirer acknowledges that Sit on Kayaks may be used in both inland and
protected waters and open (ocean ) waters to a maximum of 1000 metres from the shore line providing the Hirer can demonstrate an ability
to swim and an ability to re-board the sit on kayak from water to deep to stand in. Use will be restricted to 200 metres from shore should the
Hirer not be proficient in the swim and reboarding of the sit on kayak. A single Hirer must not exceed the 200 metre limit form the
shoreline in open (unprotected) waters and in inland and protected waters.
(t) The Hirer hereby agrees to provide a signed creditcard voucher incomplete for the purpose of the deposit for such craft as hired and will agree to pay in full or in part payments monthly of not less than 25%( percent) of the full retail puchase price for the said craft if it has not been returned within 48 hours of the specified return date and time. this authority is irrevocable without the consent of the Firm in writing to the paying institution.
(u) All terms conditions warranties undertakings inducements or representations whether express, implied, statutory or otherwise relating to the Equipment are excluded provided that these terms and conditions shall be modified to the extent that it may be necessary to do so in order for them to comply with any act of parliment that implies a mandatory terms conditions or warranty.