a) The Employer shall;
i) pay all hire charges and where applicable, all delivery and collection charges on a strictly net cash basis unless otherwise stated.
ii) provide electricity and the correct floor and air height for the Equipment. Use the Equipment in a skillful and proper manner and only for the
purpose and within the capacity for which the Equipment was designed.
iii) use reasonable care to maintain the Bouncy in a clean and dry condition during the hire period and accepts that a cleaning fee for any
cleaning required by the Owner, may be charged. No solvents or detergents are to be used.
iv) accept full responsibility and liability for the safe keeping of the Equipment and indemnify the Owner for all loss, theft or damage to the
Equipment, including loss of sales and future business, however caused and without limiting the generality of the forgoing, whether or not
such loss, theft or damage is attributable to any abandonment of any Equipment, negligence, failure or omission of the Employer.
v) ensure that any User of the Equipment shall comply with all relevant statutes, regulations and by-laws that apply to the Equipment.
vi) have in place the correct public liability insurance to cover its users.
vii) not in any way part with possession of the whole or part of the Equipment nor sell, assign, mortgage, pledge, sub-lease, lend or otherwise
with whole or part of the Equipment.
viii) not remove or cover up any plates, log books or other marks that the owner may affix or cause to be affixed or left at the Equipment to
indicate that the Equipment is the property of the Owner.
ix) indemnify and hold the Owner harmless against all claims, actions, suits, demands, costs, expenses, including all legal costs and expenses in
any way arising out of the use of the Equipment by the Employer during the period of hire whatever caused by negligence of the Employer,
his servants or agents. or by negligence of any other person whatsoever or arising out of the condition of the Equipment or the use to which it
x) report all personal injuries, loss or damage to property to the owner immediately as they occur and not later than the completion of the hire.
xi) will provide the inflatable stated or invoiced where possible. Theme variations and colours may vary from branch to branch
Where the Owner consents to make delivery of the Equipment the Owner hereby undertakes that it will use its best endeavours to make delivery by the
specified time but in any event the Owner shall not be liable to the Employer for late delivery, non-delivery or any loss or damage occasioned to the
Employer as a result of such late or non-delivery.
The Owner, or his agents, accept no responsibility for damages caused to:
a) water or gas pipes, electrical, cable television, or recirculation systems and the like;
b) buildings or associated chattels such as paving sandstone and the like within the hire premises; while erecting, delivering or operating the
To the extent that the commonwealth, state and territorial laws permit:
a) all conditions, terms and warranties, which are not expressly contained in this agreement, are hereby excluded;
b) any warranty, condition, description or representation, whether express or implied, as to the description, state, quality, merchantability of the
Equipment for the purpose for which it is hired is hereby excluded; and
c) the Owner shall not be responsible or liable to the Employer, whether on grounds of breach of contract, contractual duty or negligence, for any loss
or damage that the Employer may directly or indirectly sustain or suffer arising from defects in or miscalculations, breakdown or failure of
performance of the Equipment, and the Employer hereby exonerates and releases the Owner from all claims and demands in respect thereof.