KOALA HEALTH EQUIPMENT RENTAL AGREEMENT
- RENTAL PERIOD AND EQUIPMENT RETURN
1.1 The rental period (“Hire Period”) begins on the start date specified on the Tax Invoice and ends on the return date listed unless extended by mutual agreement.
1.2 The Hirer may use the equipment for the full Hire Period and any approved extension.
1.3 If the equipment is not returned on the agreed end date, charges will continue until the equipment is returned.
1.4 A minimum hire period of either one week or one month applies, as noted on the Tax Invoice (“Minimum Hire Period”).
1.5 If the Hirer returns the equipment before the end of the Minimum Hire Period, no refunds will be provided.
- PAYMENT TERMS AND FEES
2.1 The Hire Fee, including GST, must be paid prior to the start of the Hire Period as indicated on the Tax Invoice.
2.2 Any applicable delivery and installation charges must also be paid before the rental begins.
2.3 Payments will be processed weekly or monthly, as specified on the Tax Invoice, starting from the Hire Period commencement date.
2.4 Credit or debit card payments will comply with security standards and privacy laws.
2.5 If the equipment is not returned on time, the Hire Fee will continue to be debited weekly or monthly until the equipment is returned.
- HIRER’S RESPONSIBILITIES
3.1 The Hirer must use the equipment for its intended purpose and follow all instructions provided by the Owner or the manufacturer.
3.2 All applicable safety and health regulations must be observed during the use of the equipment.
3.3 The equipment may only be used by the Hirer and must be returned in good working condition, allowing for normal wear and tear.
3.4 Any modifications to the equipment require prior written approval from Koala Health Equipment.
3.5 The equipment must not be used for illegal activities or purposes.
- LIABILITY, LOSS, AND DAMAGE
4.1 The Hirer is fully responsible for any damage or loss occurring during the Hire Period, excluding normal wear and tear.
4.2 If the equipment is damaged, lost, or not returned, the Owner reserves the right to charge the Hirer’s card for repairs or replacement costs.
4.3 In case of equipment failure or malfunction, the Hirer must notify the Owner immediately and return the equipment. No repairs should be attempted by the Hirer.
4.4 The Hirer accepts all risks associated with using the equipment, including injury or property damage, and indemnifies the Owner from any claims arising from its use.
- INSURANCE COVERAGE
5.1 Koala Health Equipment will maintain insurance coverage to protect the value of the equipment during the Hire Period.
- TITLE AND OWNERSHIP
6.1 The equipment remains the property of Koala Health Equipment at all times. The Hirer holds the equipment as a bailee with no ownership rights.
6.2 The Hirer must not sell, lease, pledge, or use the equipment as security for any loan or obligation.
- DEFAULT AND REMEDIES
7.1 An Event of Default occurs if:
(a) The Hirer fails to make timely payments;
(b) The Hirer becomes insolvent or files for bankruptcy; or
(c) The equipment is seized by authorities and not released within 10 days.
7.2 In the event of default, Koala Health Equipment may:
(a) Demand immediate payment of all outstanding fees;
(b) Take legal action to recover amounts due;
(c) Repossess the equipment without prior notice;
(d) Terminate this agreement; and
(e) Pursue any other legal remedy available.
- TERMINATION AND COMPLETION OF RENTAL
8.1 The Hire Period ends when:
(a) The equipment is returned to the Owner in good condition; and
(b) It is returned on or before the end date specified on the Tax Invoice.
8.2 If repossession occurs due to breach of this agreement, the Hirer will only be charged for the period up to the repossession date.
- DISCLAIMER AND NON-MERGER
9.1 The equipment is provided on an “as-is” basis, with no guarantees beyond those required by law.
9.2 Any obligations outlined in this agreement that remain unfulfilled will continue to apply after the termination of the rental.
- SEVERABILITY AND GOVERNING LAW
10.1 If any part of this agreement is deemed invalid or unenforceable, the remaining terms will still apply.
10.2 This agreement is governed by the laws of the state in which Koala Health Equipment operates, and both parties agree to the jurisdiction of its courts.
This agreement outlines the terms between Koala Health Equipment (referred to as the “Owner”) and the customer named on the relevant Tax Invoice (referred to as the “Hirer”). By accepting and using the equipment, the Hirer agrees to the following terms.