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HORSE FLOAT HIRE AGREEMENT

The below agreement outlines the terms and conditions associated with hiring the Tuza Racing 3HAL Horse float from Taman Kuda Club. This agreement is governed by the laws of New South Wales & ACT.
 

Hirer’s Responsibilities

It will be the hirer’s responsibility to:

  • Pay hire charges on booking the equipment.

  • Operate, maintain and store the equipment strictly in accordance with any instruction provided by Taman Kuda Club with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by Taman Kuda Club or posted on the equipment as to the operation, storage and maintenance thereof.

  • Maintain the equipment in excellent condition (the same condition as they have received it);

  • Clean the equipment thoroughly before returning to Taman Kuda Club;

  • The equipment will only be used by the hirer, and will only be used for its intended purpose;

  • Not re-loan the equipment nor sell, assign, sub-let, lend, pledge, mortgage-let or hire the equipment.

  • Assume any loss or damage to the equipment (fair wear and tear excluded) during the hire period. If there is a breakdown or failure with the equipment, the hirer must notify Taman Kuda Club and not attempt to repair the equipment. The bond is taken as credit card details. The card will be charged in the event of any damage or loss.

  • Any Insurance excess in the event of an insurance claim is payable by the hirer, will be charged to the credit card, and will include:

    • Basic excess $700,

    • Inexperienced driver excess (license held <2yrs)

    • Age excess – drivers aged 16-20 $500, drivers aged 21-24 $500

    • Off-road excess $400

  • The hirer agrees that the use of the equipment carriers with it dangers and risks or injury to both human and horse and the hirer agrees to accept all dangers and risks. The equipment shall not be used by anyone other than the hirer without the express permission of Taman Kuda Club. 
     

Loan Period

The maximum loan period is 3 days. For longer loans, prior approval must be sought from Taman Kuda Club.

  • The hiring of the equipment will commence from the commencement date specified in the schedule attached and continue for the term specified in the schedule. The hirer agrees to return the equipment to the address specified on or before the date outlined in the attached schedule.

  • If the equipment is not returned by the due date, a daily charge of $60 plus the hire rate will apply for every day overdue.
     

TERMINATION OF AGREEMENT

Taman Kuda Club may terminate this agreement:

  • At any time by giving the hirer 24 hours’ notice of such intention to terminate;

  • Without notice if the hirer commits a breach of any terms of this agreement, or if a winding-up petition is presented against the hirer, or if the hirer goes into liquidation or bankruptcy. Taman Kuda Club will only charge the hire fee up to and including the time of repossession.
     

Cancellation of float hire by the hirer

The hirer may cancel their float hire at any time. The cancellation fees will be as follows:

  • Cancellation up to 2 weeks in advance - full refund

  • Cancellation 14 days up to 7 days in advance - float hire will be refunded as a credit to rebook at any time within the next 12 months

  • Cancellation 7 days up to 48 hours -  50% float hire will be refunded as a credit to rebook at any time within the next 12 months

  • Cancellation less than 48 hours - the float hire fee will not be refunded
     

LIABILITY:

  • The hirer accepts full responsibility of the security of the equipment while in your possession and will indemnify Taman Kuda Club for any loss, theft or damage to the equipment howsoever caused whether or not such loss, theft or damage is attributable or not to your own negligence, failure or omission;

  • The hirer accepts full responsibility for and indemnifies Taman Kuda Club against all claims in respect of any injury to persons, animals or loss or damage to property arising out of the delivery, servicing, storage, possession or use of the equipment during the hire period however arising, whether arising from your negligence or that of your employees or agents and without limiting the foregoing whether or not the equipment was being operated by your employee or agent;

  • The parties agree that, in the event the hirer suffers any loss or damage howsoever arising as a result of any delay or inconvenience caused by the breakdown, failure or any defect in the equipment, Taman Kuda Club liability will be limited, at our discretion, to the repair of the equipment and is not to include any economic or consequential damages of any nature whatsoever.
     

DISCLAIMER

To the extent permitted by law, the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.
 

OWNER DETAILS

The Owner of the Horse Float is Anna Kitchin trading as Taman Kuda Club Pty Ltd.

Address of the owner is: 365 Bushs Lane, Murrumbateman, NSW 2582 

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