Hirer’s warranties. 4.1 The hirer warrants that:
(i) the equipment will be used in accordance with the conditions outlined in the Schedule;
(ii) the particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
(iii) the hirer holds a valid current driver’s licence, operating licence or permit valid for the type of equipment hired;
(iv) the equipment will not be used for any illegal purpose;
(v) the hirer’s vehicle is suitable for towing the equipment if required;
(vi) the hirer will not, without prior written consent of the owner, tamper with, repair or modify the equipment in any way, or permit another to do so;
(vii) the hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose.
(viii) the hirer agrees that the equipment has been received by the hirer clean and in good working order.
(ix) the hirer will not in any way part with possession of the equipment, nor assign this hire contract, nor remove the equipment from the State without the prior approval of the owner.
Hirer’s warranties. 4.1. The hirer warrants that:
4.1.1. the equipment will be used in accordance with the conditions outlined in the schedule;
4.1.2. the particulars in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
4.1.3. the hirer holds a valid current driver’s licence, operating licence or permit valid for the type of equipment hired;
4.1.4. the equipment will not be used for any illegal purpose;
4.1.5. the hire’s vehicle is suitable for towing the equipment;
4.1.6. the hirer will not, without prior written consent of the owner, modify, or permit any modification of, the equipment in any way; and
4.1.7. the hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose.
Hirer’s warranties. 4.1. The hirer warrants that:
4.1.1. the vehicle will not be driven by a person who:
4.1.1.1. does not hold a valid unrestricted licence to drive that class of vehicle, or;
4.1.1.2. has a breath or blood alcohol concentration exceeding the maximum lawful concentration or is under the influence of any drug, toxic, or illegal substance.
4.1.2. tyre pressure, fluid and fuel will be maintained to the proper levels;
4.1.3. recommended or legal load limits will not be exceeded;
4.1.4. the vehicle will not be used to tow or propel a vehicle other than a trailer within the recommended limits;
4.1.5. no illegal, prohibited or dangerous substances will be used in or carried on the vehicle;
4.1.6. the vehicle will not be used for travel outside of the State or Territory where the vehicle is hired without the express written permission of the owner;
4.1.7. the vehicle will not be used for any illegal purpose;
4.1.8. the hirer will not, without prior written consent of the owner, tamper with, repair or modify the vehicle in any way, or permit another to do so;
4.1.9. the hirer agrees that the vehicle complies with its description, is in merchantable condition and is fit for the hirer’s purpose.
4.1.10. the hirer agrees that the vehicle has been received by the hirer clean and in good working order
Hirer’s warranties. The Hirer warrants that at the time of entering into this Agreement, and at all times during the continuance of this Agreement, that:
(a) it has properly informed itself as to the suitability of the buildings and facilities for the Event and not relied upon any representation by Ballarat Agricultural and Pastoral Society or its employees;
(b) it has obtained all necessary consents, authorisations, licences and insurances to enable the Event to be conducted;
(c) it has the financial, technical, commercial and legal capacity to conduct the Event in accordance with information provided to Ballarat Agricultural and Pastoral Society.
Hirer’s warranties. The Hirer warrants that:
(a) the Equipment will be used in accordance with the conditions outlined in this Agreement;
(b) the Equipment will not be used for any illegal purpose;
(c) the Hirer’s vehicle is suitable for towing or transporting the Equipment;
(d) the Hirer will not, without prior written consent of PLUL, modify, or permit any modification of, the Equipment in any way;
(e) the Hirer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose;
(f) the Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
(g) the Hirer agrees not to sub-let the Equipment to any third party for commercial gain;
(h) the Hirer will ensure the Equipment is in a safe, suitable location and placed on a flat ground surface, away from risk of falling and/or damage; and
(i) the Hirer agrees that in the event of rain or inclement weather, the Equipment will be kept indoors and not exposed to any damaging weather conditions.
Hirer’s warranties. 5.1 The hirer warrants that:
(i) They must insure at all times against: loss or damage to the EWP and other equipment caused by fire, lightning, explosion, earthquake, aircraft, riot, malicious damage, storm and tempest, flood, theft or accident for the full insurance value as specified by Coastal Hire & Sales; and public liability for bodily injury or damage to property arising in connection with the Equipment for no less than $10 Million.
(ii) Their insurance policy must;
a. Be in a form of substance and with an insurer acceptable to the owner
b. Contain a provision where the insurer waives any right of subrogation which the insurer may have with respect to the owner:
c. Note the interest of Coastal Hire & Sales as owner of the Equipment
(iii) The Hirer must not:
a. Do anything or fail to do anything which would allow the insurer to refuse or reduce an insurance claim; or
b. Vary the insurances effected for the EWP or other equipment without the Owners prior consent or;
c. Enforce, conduct, settle or compromise any claim without the Owners prior consent.
(iv) The Owner accepts no liability whatsoever for any injury, illness or accident to any person or thing arising out of the use of the above equipment or supplied accessories and the Hirer indemnifies the Owner against all claims or any nature whatsoever and howsoever arising from the hire, use, storage or person thereof. Except where any injury, illness or accident arises as a result of any fault with any equipment and where that fault was not caused by the hirer during the course of the hire period.
(v) The EWP and other equipment will be used in accordance with the conditions outlined in the Schedule;
(vi) The particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
(vii) The hirer holds a valid current driver’s licence, operating licence or certificate of competency valid for the type of EWP and other equipment hired and is not affected by alcohol or drug that may impair their ability to operate the EWP and other equipment safely;
(viii) The EWP and other equipment will not be used for any illegal purpose;
(ix) The hirer’s vehicle is suitable for towing the EWP and other equipment if required;
(x) The hirer will not, without prior written consent of the owner, tamper with, repair or modify the EWP and other equipment in any way, or permit another to do so;
(xi) The hirer agrees that the EWP and other equipment complies wit...
Hirer’s warranties. 4.1. The hirer warrants that:
4.1.1. the equipment will be used in accordance with the conditions outlined in the schedule;
4.1.2. the particulars in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
4.1.3. the equipment will not be used for any illegal purpose;
4.1.4. the hirer will not, without prior written consent of the owner, modify, or permit any modification of, the equipment in any way; and
4.1.5. the hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose.
Hirer’s warranties. By executing this Agreement, the Hirer represents and warrants to the Council that the Hirer has:
4.7.1 conducted its own risk assessment of the Facility (and in particular the swimming pool at the Facility); and
4.7.2 satisfied itself, based on the Hirer's own risk assessment, that the Facility (including the pool) is:
(a) safe and fit for use; and
(b) fit for the Hirer's purposes.
Hirer’s warranties. The Hirer warrants that:
(a) the Vehicle will be used in accordance with the conditions outlined in the Schedule;
(b) the particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
(c) the Hirer holds an operating licence or permit valid for the type of Vehicle hired;
(d) the Vehicle will not be used for any illegal purpose;
(e) the Hirer will not, without prior written consent of the Owner, modify, or permit any modification of, the Vehicle in any way;
(f) the Hirer agrees that the Vehicle comply with their description, are in merchantable condition and are fit for the Hirer’s purpose; and
(g) the Hirer will not encumber the Vehicle or allow the Vehicle to be encumbered or pledge the Vehicle as security in any manner.
Hirer’s warranties. The Hirer warrants that:
5.1. The Equipment will be used only for the purpose for which it was designed;
5.2. The Equipment will not be used for any illegal purpose;
5.3. The Hirer’s vehicle is suitable for transporting the Equipment;
5.4. The Hirer will not, without prior written consent of the Owner, modify, or permit any modification of, the Equipment in any way;
5.5. The Hirer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose; and
5.6. the Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
