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Sharegear Hire Agreement

This document records the terms and conditions of your agreement to hire equipment from us. It is a legally binding contract.

The most important two rules: communicate with us

The most important rule is for you to contact Kieren or Walt if you have any concerns about how to use the equipment. Sometimes the equipment can be damaged, or something unexpected can happen. Let us know by text or email and keep in touch.

The next most important rule is for you to contact Kieren or Walt if you have any concerns about how Sharegear hire arrangements work. Communication is the key. Most problems can be solved with common sense and goodwill. We do not want any problems and are keen to sort things out.

Our prices

Our prices include the 10% goods and services tax. Our prices are shown on our website and will be charged to your credit card or debit card.

For clarity and completeness, if you return the equipment damaged you will be charged for the repair. If you return the equipment dirty you will be charged a cleaning fee. We will advise you immediately by text or email if either event happens.

The hire period

The hire period starts when you take possession of the equipment. The hire period ends when you return possession of the equipment to Sharegear.

The hire period does not include any time the equipment is in transit to or from Sharegear.

Clients must return the equipment by the end of the hire period. For clients other than Melbourne based clients may include sending the equipment by priority courier or other agreed method the day before the end of the hire period.

Payment by credit card or debit card

Payment is usually by credit card or debit card. This is simplest because it goes straight to our accounting records without any manual input. But we accept other e-transfer payments too. Ask Walt or Kieren if you want to pay using another method.

Refunds for early returns

We encourage you to return the equipment early if you no longer need it. If you do we will refund the difference between the original hire fee and the hire fee for the adjusted period. This will happen a day or two after the equipment is returned.

For example, assume you book on Monday morning for five days. The five day fee is $100. Your project ends early and you return the equipment on Wednesday evening. The three day fee is $70. Sharegear will refund $30, ie the difference between the five day fee and the three day fee. Give us a day or two to get this done. But we can do it straight away if its urgent. Just let Walt or Kieren know.

Extra fees for late returns with notice and consent

The same logic applies if you return the equipment late with notice and Sharegear consents to the late return. For example, if you book the equipment on Monday for three days for $70, and you then text Sharegear to say the equipment will not be returned until Friday afternoon and Sharegear texts back to say this is OK you will be charged the five day fee, ie an extra $30.

Please let us know as soon as possible by text or e-mail if you want to return the equipment late. If it is not booked by another client we will agree to the late return.

They key here is communication. We want you to get the best possible results for your project. Just let us know what you are doing. We want you to extend the hire period if possible. The two pre-conditions are written notice from you and written consent by us. If either is absent big problems can arise: read the next few paragraphs with particular care.

Extra fees for late returns without notice or consent

If you fail to return the equipment on time and you do not contact us in writing or we did not consent in writing different rules apply. Here you pay a new one day fee for each day the equipment is not returned. There is no discount for longer hires. Each overdue day is treated as a one day hire.

Further, you agree to:

compensate the client with the next booking for any damages incurred by that client as a result of your late return and

  1. indemnify Sharegear against any damages incurred as a result of your failure to return the equipment.
  2. We encourage you to contact us immediately by text or e-mail if for any reason you expect to return the equipment late. Please do not return equipment late unless we have by text or email consented to the late return. That is where things can get really messy.

You book the equipment but it is returned late by another client

Sharegear will do its best to make sure the equipment is returned on time, and is clean and ready to go for your booking. But sometimes clients return equipment late. The process for what happens next is explained in the above paragraphs. Like all other hirers Sharegear is not liable for any damages that may arise if for any reason your equipment is not good to go on the agreed day.

Something goes wrong with your booking

Sharegear will do its best to make sure your equipment is ready to go once booked. If something goes wrong we will do our best to get an equivalent substitute for you or to access the same equipment for you elsewhere at our cost. Like all other hirers Sharegear is not liable for any damages that may arise if for any reason your equipment is not good to go on the agreed day.

Something goes wrong with the equipment

Sharegear only has new equipment subject to manufacturer’s warranty and maintained in line with industry standards. But sometimes something can go wrong with the best equipment. Like all other hirers Sharegear is not liable for any damages that may arise in these circumstances.

You must let us know immediately by text or e-mail if something goes wrong with the equipment. We will do our best to help including repairing or replacing the equipment if need be.

Sharegear owns the equipment

Sharegear owns the equipment. You do not have any ownership rights. Sorry. That’s the way it is! We own it, not you. You can only use the equipment for the purposes of the hire. You cannot use it for any other purpose.

You must look after the equipment

You must look after the equipment while you have it as if you own it. We know you will. But our lawyers say we must say you are responsible for any loss or damage caused by any negligent act or omission. This means you can only use the equipment for its intended purpose and you must observe industry standards for the care of the equipment while it is in your possession. You are responsible for any damage other than normal wear and tear.

Your bond

Sharegear usually does not require a bond. But in some cases we do. We do this by reserving the bond on your credit card or debit card when you book the equipment. We release the bond when you return the equipment in good condition.

What if you book the equipment and do not collect it?

Sorry. If you do this you have to pay the full rental fee for the hire period unless Sharegear can hire the equipment to someone else. We will do our best to do this. But no promises are made.

We encourage you to contact us by text or e-mail to let us know if you cannot collect the equipment. Just don’t show up. We are reasonable: if something sensible can be done we will do it.

What if you cancel a booking?

If you cancel a booking within 48 hours of the agreed hire period you must pay half the agreed hire fee. We will immediately make the equipment available for hire to other clients and if it is hired your fee will be reduced by the amount of the new hire fee. This is a better deal than with other hirers.

When can Sharegear cancel a hire contract once it starts?

We have never had to do this but our lawyers say we have to include it here. As per industry standards Sharegear may cancel a hire contract and take possession of the equipment if Sharegear reasonably believes you have or may breach this agreement. The full hire amount will be charged notwithstanding the cancellation.

Things you cannot do with the equipment

You cannot use the equipment with a drone. It’s too risky. You cannot use the equipment in any other way that risks the equipment. Remember, you damage, you pay. Don’t take silly risks. If in doubt text or email Kieren or Walt beforehand.

You cannot sub-hire the equipment without Sharegear’s prior written consent. You cannot otherwise allow another person to use the equipment other than for the original intended purpose of the hire. You can, of course, allow an employee or colleague to use the equipment.

You cannot pretend you own the equipment. For example, you cannot offer to sell the equipment or offer it as security for a loan.

You cannot use the equipment for any other purpose other than its intended purpose.

You cannot take the equipment outside Australia without Sharegear’s prior written consent.

You cannot change the appearance of the equipment in any way. This includes removing labels or marking the equipment.

You cannot improve or repair the equipment.

Things you must do with the equipment

You must keep the equipment in the same condition it was in at the start of the hire until the end of the hire. This is subject to normal wear and tear.

You must let Sharegear know by text or email immediately if the equipment fails to work as expected or is damaged, lost, stolen or otherwise at risk.

Assignment of the benefit of this Agreement

You cannot assign the benefit of this Agreement.

Sharegear can assign the benefit of this Agreement.

Just to be clear

The word “equipment” means any equipment provided to you by Sharegear under this agreement.

The word “you” means the person who hires the equipment.

The word “Sharegear” includes each of Kieren and Walt.

This agreement takes priority over any prior written correspondence or oral communication if there

is any inconsistency or conflict in meanings.

Is anything not clear?

If any part of this agreement is not clear please let Kieren or Walt know by text or email as soon as possible. It’s important to us that you understand this agreement.

Last updated on January 5th, 2021