CONDITIONS OF USE OF EQUIPMENT PROVIDED BY THE FLINDERS UNIVERSITY STUDENT ASSOCIATION
As a condition of hiring/borrowing and using the equipment of the Flinders University Student Association, you agree to the below conditions of use.
1. Interpretation of words in this agreement
User: The listed individual, department, club, group or organisation nominated within this agreement, extending to all staff or volunteers associated with the individual, department, club, group or organisation.
Association: The Flinders University Student Association. This includes any staff member representing the Flinders University Student Association and Office of Student Engagement.
Equipment: All items provided by the Flinders University Student Association to the user.
2. Obligations of the Flinders University Student Association
2.1 As the provider of equipment, the Association may permit the user to borrow and use the equipment for the specified period at the discretion of the Association.
2.2 The Association will endeavour to provide the equipment to the user in good working order.
3. Obligations of the user
3.1 The user must book the equipment with the required notice as outlined by the Association.
3.2 The equipment may only be hired for activities and events related to Flinders University business and/or affiliated clubs of the Association.
3.3 Prior to borrowing equipment from the Association, the user will ensure that the equipment is fit for their purposes, is in working order, and will report to the Association any cosmetic damage and damage affecting the operation of the equipment.
3.4 The user is responsible for any damage, loss or theft of hired equipment from the Association incurred following the pick-up of equipment until return to the Association.
3.5 The user agrees to pay all costs for repair and replacement as a result of damage, lost or stolen equipment while in the user’s possession as determined by the Association.
3.6 The user agrees to pay a cleaning charge of $50 for any BBQ equipment in the user’s possession (including any provided utensils and trays) not returned to the Association in a clean state, as determined by the Association.
3.7 All hired equipment remains the property of the Association. The user may not hire or otherwise lend or provide this equipment to other parties.
3.8 The user is responsible for picking up and returning equipment to the location specified by the Association. Where not specified, the user must return the equipment to the office of the Association.
3.9 The safe collection and return of all equipment is the responsibility of the user, along with any expenses associated with picking up or returning the equipment.
3.10 Equipment must be returned to the Association at the time and date specified by the Association. Where not specified, the user will return equipment to the Association during standard business hours on the next business day of the Association after each registered event or activity.
3.11 Any loaned equipment returned late may incur a $50 per day fee. It is the responsibility of the user to inform the Association in the event they cannot return the equipment by the specified date and time.
3.12 The user will indemnify the Association for all injuries and damages to persons and property related to hired equipment and its operation.
3.13 The user will ensure that all equipment is safely loaded in or on any vehicle for transportation as required, and will indemnify the Association for injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer.
3.14 The user will report and provide full details to the Association of any accident, loss, theft or damage to the equipment while in the user’s possession within 2 business days of the occurrence of the incident.
3.15 The user must not:
(a) Tamper with or damage the equipment, nor attempt to conduct repairs on the equipment.
(b) Lose or part with possession of the Equipment.
(c) Use the equipment for anything other than its intended purpose.
(d) Operate the equipment in an unsafe manner.
(e) Fail to keep the equipment in a securely locked location when not being used; or where applicable, fail to lock or secure the vehicle in which the equipment is stored.
3.16 Where costs for repair and damages cannot be recovered from the user, the Association may elect to recover costs from the Authorised Representative acting on behalf of the user as listed within the signed agreement.
4. Breach of Agreement
4.1 If the user breaches this agreement, the Association shall be entitled to:
(a) terminate this Contract; and/or
(b) charge the user for repair or replacement of the hired equipment; and/or
(c) sue for recovery of all monies owing by the user; and/or
(d) repossess the Equipment (and is authorized to enter any premises where the Equipment is located to do so).
4.2 The user indemnifies the Association in respect of any damages, costs or loss resulting from a breach by the user of any provision of these conditions.
5.1 The user must immediately check all charges invoiced to them for damage, theft and repair of equipment, and any disputes in relation to those charges must be communicated to the Association in writing within 14 days of the Hire Contract date. In the event that no communication is received from the user within that 14 day period, the charges are deemed to be accepted by the user.