Anaconda Rentals® - Terms & Conditions

1. Rental of Goods

   These terms and conditions govern the rental of any equipment, clothing or goods whatsoever (“Rental Goods”) by a person (“Renter”) from Anaconda® Group Pty Limited (“Anaconda”).

2. Rental Rates

   Unless otherwise stated, all rates quoted by Anaconda® include GST and stamp duty.

3. Rental Premium

   A Renter may purchase a “Rental Premium” at a price determined by Anaconda® at the time of rental. Subject to paragraph 6, the Rental Premium is levied to cover the cost of accidental damage to goods incurred in their intended recreational use, without wilful reckless or negligent misuse, provided the Renter returns them to Anaconda® and provides an explanation of what happened acceptable to Anaconda®. The Rental Premium does not cover loss of Rented Goods.

4. Security

   Without limiting any of Anaconda’s® right’s under these terms and conditions, deposits paid in cash (“Deposits”) and/or security provided by credit card imprint or otherwise (“Security”) may be applied towards all or any obligations of the Renter arising under these terms and conditions by Anaconda® acting in good faith.

5. Rental Costs & Charges

   The Renter agrees to pay:
   1. rental charges and any Rental Premium at time of booking and all other amounts due to Anaconda® upon demand;
   2. cancellation charges equal to one day’s rental charge, if they fail to give notice at least 24 hours prior to collection;
   3. late return charges, being the daily rental rate if they do not return the Rented Goods by the time and date specified;
   4. the cost of repair or replacement of any damaged Rented Goods, (subject to paragraph 3.) and
   5. lost goods charges, being the as-new retail value of the goods, if they do not return the Rented Goods within seven days of the time and date specified; and
   6. Interest on outstanding moneys at 18% per annum.
6. 

   Renter’s Obligations

   The Renter agrees:
   1. to ensure they and any other people using the Rented Goods do so:
      1. safely, i.e. they inspect them prior to each use, and have and use all the skills, general and specific knowledge (including of weather and other conditions), equipment and accessories reasonably required to prevent injury to people and damage to property;
      2. lawfully, i.e. they have all necessary licences, qualifications and permits (if any) and comply with applicable laws and regulations; and
      3. responsibly and appropriately, i.e. for their intended recreational purposes, exercising all due skill and care, and keeping, storing and transporting them securely;
   2. to return the Rented Goods in good working order and condition, and unsoiled. ie: So that they can be re-rented immediately.
   3. All scuba equipment to be washed in fresh water and drip dried.
   4. not to rent, sell, give security (including lien or pledge) over or otherwise deal with the Rented Goods in a manner inconsistent with these terms and conditions, And if Anaconda® determines that there has been default in these regards, it may (without limiting any of its other rights) apply the Deposit or Security towards charges due and/or costs, losses (including loss of profit), damage and liability incurred.

7. Implied Terms

   All warranties and conditions expressed or implied by statute, common law, equity, trade, customer usage or otherwise are expressly excluded from these terms and conditions to the fullest extent permitted by law. In particular no representations or warranties are made by Anaconda® in relation to the suitability or condition of the Rented Goods.

8. Limitation of Liability & Indemnity

   To the fullest extent permitted by law:
   1. the Renter acknowledges that the Rented Goods will be used in activities which carry risk of personal injury or death, as well as loss of or damage to property, and voluntarily assumes those risks and thereby releases Anaconda® from any liability in respect of the same and waives any claims or rights it may have for any, indirect, incidental, consequential or economic loss, cost, loss, expense, demand, claim, liability, damage or howsoever otherwise against Anaconda® or its related entities (as that term is defined in the Corporations Act 2001 (Cth)) arising directly or indirectly from the use or misuse of the Rented Goods in these activities or the activities themselves;
   2. the Renter acknowledges the risk of the Rented Goods passes to the Renter from the time the Rented Goods leave Anaconda’s® premises until the time they are returned and accepted by Anaconda®. Acceptance of the Rented Goods by Anaconda in no way releases the Renter from any of its obligations under these terms and conditions and does not constitute a waiver by Anaconda® of any of its rights under these terms and conditions or at law;
   
   3. to the extent permitted by law, the liability of Anaconda® is limited to a refund of rental charges, or repair or replacement of the Rented Goods, and Anaconda® is not liable to the Renter or any other person for any, indirect, incidental, consequential or economic loss, cost, loss, expense, demand, claim, liability, damage or howsoever otherwise arising directly or indirectly from the use or misuse of the Rented Goods, supply of the Rented Goods, the supervision or failure to supervise the use of the Rented Goods, the maintenance of the Rented Goods. The incorporation or use of any third party equipment, services or facilities in connection with or related to the use of the Rented Goods, a breach of these terms and conditions or the negligent act or omission of Anaconda®, its servants, agents or otherwise;
   4. the Renter acknowledges that it uses the Rented Goods at its sole risk and assumes full responsibility in connection with any liability of any kind (whether in contract, tort, breach of statutory duty or howsoever otherwise) arising from its use or misuse, maintenance, supervision or failure to supervise its use to any person whether for personal injury or death or property damage or howsoever otherwise and
   5. the Renter hereby indemnifies and keeps indemnified Anaconda® and its related entities (as defined in the Corporations Act 2001 (Cth)) and each of Anaconda’s® and its related entities’ officers, employees, contractors, servants and agents from and against all cost, expense, demand, damage, claim, loss or liability whatever and howsoever arising of any person under or in connection with these terms and conditions or its subject matter including the use, storage and transport of the Rented Goods, the supply of the Rented Goods, the misuse of the Rented Goods, the supervision or failure to supervise the use of the Rented Goods, the incorporation or use of any third party equipment, services or facilities in connection with or related to the use of the Rented Goods, a breach of these terms and conditions or the negligent act or omission of Anaconda®, its servants, agents or otherwise or any other matter in connection with these terms and conditions.

9. Repair & Replacement

   1. If Rented Goods break-down or fail, and require repair in the course of renting, the Renter will notify Anaconda® of the same and will not attempt to repair or incur expenditure on repairs without the prior consent of Anaconda.
   2. Where such repair arises out of fair wear and tear, without breach of the Renter’s obligations, the renting charge shall be suspended at that point and a refund given for the balance for the period pending repair or replacement.
   3. Anaconda® is not otherwise liable for expenditure, loss or liability incurred by the Renter arising out of any break-down or failure of the equipment whether caused by fair wear and tear, negligence on the part of Anaconda® or any other person or any other reason whatsoever.

10. Termination & Re-taking Possession

    If the Renter breaches these terms and conditions, Anaconda® may terminate the rental, demand immediate return of the Rented Goods, enter the Renter’s premises and retake possession of the Rented Goods and/or apply the Deposit and/or Security towards charges due and/or costs, losses (including loss of profit), damage and liability incurred, notwithstanding waiver of any previous default. There will be no refund of renting fees in such circumstances.

11. Renter Claims

    Claims relating to the quality or suitability of the Rented Goods and/or ancillary services provided (including any missing or damaged items) must be made within 48 hours of collection. Otherwise, Rented Goods are deemed to be in order in all respects.

12. Signatory & Renter

    If the Renter is more than one person, they are jointly and severally obliged to Anaconda. If the person signing these terms and conditions contracts on behalf of another, they also contract personally, and both the signatory and the Renter are jointly and severally obliged to Anaconda.

13. General

    These terms and conditions constitute the entire agreement between the Renter and Anaconda®, and can only be waived or varied in writing signed by the part (ies). If any term of these terms and conditions, or any part of any term, is or becomes illegal, invalid or unenforceable, then that part shall be severed and the remainder of the terms shall continue in force. Terms importing the singular include the plural, and vice versa. The word “include” and “including” and other cognate words and expressions are to be construed without limitation. References to persons and people include incorporated entities. These terms and conditions are governed by the laws in force in Victoria and the parties irrevocably submit to the non exclusive jurisdiction of Victorian Courts.