M&M Hiring Smalls

1.

M&M Hiring Smalls cc hires to the customer the equipment described overleaf (the equipment) in terms of these general conditions of hire. The parties elect their respective domicilia for the purpose of notice and service of process and proceedings at the addresses stated.

2.

All equipment hired remains the property of M&M Hiring Smalls cc. Any equipment lost or damaged by the client will be charged for at a replacement price quoted by
M&M Hiring Smalls cc.

3.

Use of Equipment and Marquees

3.1.

Acknowledges that it is aware of the purpose for which the equipment is intended, and shall use the equipment for such purpose;

3.2.

Shall use the equipment at his/her own risk, and indemnifies the owner against any claim of any nature brought against it by the customer’s employees, agents, representatives, guests or any third parties arising out of the use of the equipment by the customer or while in the possession of the customer, or any other cause and all costs and expenses incurred by the owner on an attorney and own client scale in defending or setting such proceedings;

3.3.

Shall have no claim of any nature against the owner for any loss suffered or damages sustained by the customer arising from any cause, including, without limitations, the installation, use or malfunction of the equipment or the provisions of these general conditions other than the specific remedies provided for.

4.

Period

4.1.

The hire period commences when the equipment is delivered or collected, and, subject to 5, ends when the owner accepts return of the equipment.

4.2.

The owner shall use reasonable endeavours to ensure that the equipment is delivered or available for collection at the agreed time of return, the customer shall be charged additional higher charges at the rates stated overleaf until such time as the equipment is either returned or collected by the owner, as the case may be, in addition to a travelling charge at the owner’s standard rates should the owner collect the equipment.

4.3.

Should the equipment not be returned to or be available for collection at the agreed time of return, the customer shall be charged additional hire charges at the rates stated overleaf until such time as the equipment is either returned to or collected by the owner, as the case may be, in addition to a charge at the owner’s standard rates should the owner collect the equipment.

5.

Breach

5.1.1.

Fail to comply with any obligation imposed on the customer in terms hereof, all of which are deemed to be material, on due date, and persist in such failure for three days after having been given written notice to remedy such default; or

5.1.2.

Commit any act of insolvency, or to be placed in liquidation or sequestration, whether provisional or final, or be placed under judicial management, the owner shall be entitled to terminate this agreement forthwith and enter on any premises of the customer and retake possession of the equipment.