MAD HIRE UNIVERSAL HIRE AGREEMENT

1. Agreement Overview This Hire Agreement (“Agreement”) is entered into between Mad Hire (“Owner”) and the individual or entity hiring equipment (“Hirer”). By hiring any equipment from Mad Hire, the Hirer agrees to the terms and conditions outlined in this Agreement. It is the responsibility of the Hirer to read and understand these terms before proceeding with any hire.

2. Definitions

  • “Equipment” refers to any tool or trailer hired from Mad Hire.
  • “Hirer” refers to the individual or entity leasing the Equipment.
  • “Owner” refers to Mad Hire.
  • “Term” refers to the period of hire from the commencement date until the return of the Equipment.
  • “Casualty Value” refers to the market value of the Equipment at the end of the hire term or, in the event of total loss, its market value prior to loss.

3. Rental Term and Conditions

  • The hire period begins once the Equipment is collected by the Hirer and ends when it is returned to the Owner in satisfactory condition.
  • The Hirer must inspect the Equipment before taking possession and confirm that it is in good working order.
  • Mad Hire will assist in connecting trailers to the towing vehicle, but the responsibility remains with the Hirer to ensure the trailer is securely connected before leaving the premises and throughout the hire period.
  • The Owner will demonstrate the proper use of tools, but it remains the Hirer’s responsibility to ensure correct usage throughout the hire period.
  • The Equipment must not be used for any illegal purposes or in violation of any safety regulations.
  • The Hirer can cancel the hire in writing with at least 24 hours’ notice for a full refund. If the cancellation occurs within 24 hours of the hire period, the deposit will not be refunded; however, the hire cost will be refunded.

4. Rental Fees and Deposit

  • The rental fee (“Rent”) for the Equipment must be paid in full before the Hirer takes possession.
  • A refundable deposit of $50 is required for tool hire, and $100 for trailer hire, payable before taking possession.
  • The deposit and hire amount must be paid before taking the Equipment via PayPal, direct transfer, or cash.
  • The deposit will be refunded upon return of the Equipment in good condition, subject to inspection.
  • If any damage occurs, the deposit may be withheld to cover repair costs, and additional fees of up to $1,500 may be imposed for severe damage or loss.
  • If the Equipment is not returned, the full value of the Equipment may be charged to the Hirer.
  • Any loss or damage to the Equipment will result in the loss of the refundable deposit, and the Hirer must also pay the cost of replacing or repairing the lost or damaged Equipment.

5. Hirer Responsibilities

  • The Hirer must use the Equipment in a responsible and proper manner, adhering to all manufacturer recommendations and relevant laws.
  • The Hirer must not alter, modify, or attach anything to the Equipment without prior written consent from Mad Hire.
  • The Hirer assumes all responsibility for the risk of loss, theft, or damage to the Equipment.
  • If the Equipment is lost or damaged, the Hirer must notify Mad Hire immediately and, if repairable, cover repair costs. In the case of total loss, the Hirer must pay the full Casualty Value.
  • The Hirer must ensure that any trailers are safely secured while in use and that all tools are handled properly to prevent accidents or damage.
  • The Hirer is responsible for returning the Equipment in a clean and usable condition. Additional cleaning fees may apply if the Equipment is returned in an excessively dirty or unusable state.
  • The Hirer must adhere to all safety guidelines and manufacturer instructions when using the Equipment. Failure to comply may result in liability for damages or termination of the hire agreement.

6. Return of Equipment

  • The Hirer must return the Equipment to Mad Hire at the agreed location in good condition and within the agreed rental period.
  • If the Equipment is returned late, the normal rental rate will be charged at 2.5 times per day, and the refundable deposit will be forfeited.
  • If Mad Hire is required to pick up the Equipment due to non-return, a $150 collection fee will be charged to the Hirer.
  • If the Hirer fails to return the Equipment, Mad Hire reserves the right to charge for the full value of the Equipment and take legal action if necessary.

7. Liability and Indemnity

  • The Hirer agrees to indemnify and hold harmless Mad Hire against any claims, damages, or liabilities arising from the use of the Equipment, including personal injury, property damage, or third-party claims.
  • Mad Hire is not responsible for any accidents, injuries, or damages resulting from improper use of the Equipment by the Hirer.
  • The Hirer is fully responsible for any fines, penalties, or legal violations incurred while using the Equipment.

8. Default and Remedies

  • If the Hirer fails to comply with this Agreement, Mad Hire reserves the right to terminate the hire agreement immediately, recover the Equipment, and retain any deposits paid.
  • In cases of non-payment or failure to return the Equipment, Mad Hire may take legal action to recover outstanding amounts due, including the full replacement cost of the Equipment if necessary.
  • The Hirer agrees to reimburse Mad Hire for any legal costs or collection expenses incurred as a result of a breach of this Agreement.

9. Insurance

  • The trailer is covered by comprehensive insurance but it does not cover:
    • The first $400 of the cost of any damage, or $1,250 for drivers under 21, or $750 for drivers aged 21 to under 25.
    • Inexperienced drivers (license less than 2 years) are subject to a $750 excess.
    • Loss by theft or abandonment.
  • The Hirer acknowledges that any hired tools are not covered by insurance and assumes full responsibility for their protection during the hire period.

10. Governing Law

  • This Agreement shall be governed by the laws of Australia, and any disputes shall be resolved in Australian courts.
  • If any clause in this Agreement is deemed unlawful or unenforceable, the remainder of the Agreement shall remain in full effect.

11. Acceptance of Terms By signing this Agreement or proceeding with the hire, the Hirer acknowledges that they have read, understood, and agreed to these terms and conditions. It is the Hirer’s responsibility to ensure they comply with all safety requirements and legal obligations while using the Equipment.