VR Terms and Conditions
- Rental Period
1.1 The Rental Period shall be as set out in the Order, unless the Contract is terminated.
1.2 The Rental Period may be extended by mutual written agreement of both parties and the hourly rate set out in the Order shall apply to any extended Rental Period.
1.3 If the Rental Period has not been extended in accordance with clause 1.2 and the Equipment is not returned to Victory Rentals on the return date set out in the Order, the Customer will be charged at a hourly rate set out in the Order until the Equipment has been returned to Victory Rentals.
2.1 Victory Rentals shall deliver the Equipment to the location set out in the Order or such other location as the parties may agree at any time after Victory Rentals notifies the Customer that the Equipment is ready for delivery.
2.2 Delivery schedules quoted by Victory Rentals are approximate only, and the time of delivery is not of the essence. It is expressly agreed that Victory Rentals shall not be liable to the Customer for any delay in delivery or of the condition of the Equipment or otherwise.
3.1 The Customer represents and acknowledges that he/she has knowledge and experience to operate the Equipment.
3.2 Victory Rentals representatives may be called upon to provide start up operator training for the Customer, if necessary and requested by the Customer.
- Liability and Damage of Equipment
4.1 In the event that the Equipment experiences a breakdown due to any defect in materials or workmanship, Victory Rental’s liability shall be limited to the cost of repair, including parts and labor, to return the Equipment to full working order.
4.2 Victory Rentals may, at its sole discretion, extend the Rental Period at no cost to the Customer for the time required to replace or repair the Equipment. Victory Rentals shall not be obligated to bear the costs of Customer’s labor or standby time in connection to any breakdown, nor any costs related to the delay of Customer projects.
4.3Without prejudice to clause 4.4, Victory Rental’s maximum aggregate liability for breach of the Contract (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, delict (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the cost of fulfilling its obligation under clause 7.1.
4.4 Nothing in these Conditions shall exclude or in any way limit Victory Rental’s liability for:(a)death or personal injury caused by its own negligence or the negligence of its employees, agents or subcontractors (as applicable); or(b)fraud or fraudulent misrepresentation.
4.5 These Conditions set forth the full extent of Victory Rental’s obligations and liabilities in respect of the Equipment and its hiring to the Customer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on Victory Rentals except as specifically stated in these Conditions. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.
4.6 Victory Rental shall not be liable to the Customer for any:(a)loss of profit;(b)loss of revenue;(c)loss of business;(d)indirect or consequential loss or damage, in each case, however caused, even if foreseeable.
- Customer Obligation
5.1 The Customer shall during the term of the Contract:
(a)at its expense and at all times during the Rental Period, keep and maintain the Equipment in good and substantial repair, condition and appearance in order to keep it in as good an operating condition as it was on the commencement date of the Contract (fair wear and tear only accepted);
(b)use all Equipment only for the purposes for which it was designed and operate in a careful, prudent manner and in accordance with the instructions for use;
(c)comply with all laws, regulations, rules or ordinances of lawfully constituted authorities relating to the possession, use, storage and transport of the Equipment;
(d)maintain effective control of the Equipment and keep the Equipment in a secure and suitable environment when not in use;
€ensure that the Equipment is operated only by suitably competent persons, duly instructed on its safe operation in accordance with manufacturer’s operating manuals, instructions and safety warnings;
(f)obtain any required licenses or other authorizations necessary for the use, registration or handling of a specific piece of equipment or technology, and ensure that it complies fully with all relevant legal requirements. Victory Rentals reserves the right to request proof of any such authorizations prior to the commencement of the Rental Period;
(g)(where applicable) obtain any required licenses or other authorizations necessary for export, re-export and the return of the Equipment;
(h)ensure that no unauthorized transfers or diversions of the Equipment occurs;
(I)if the Equipment is being transferred to countries where any regulatory authority requires details of the intended use of the Equipment, the Customer shall upon request, provide Victory Rentals with an “End User Statement”;
(j)where applicable, not allow the Equipment to be transferred to countries prohibited by the Department of Trade or the U.S Bureau of Foreign Commerce;
(k)not remove, alter, disfigure or cover up any numbering, lettering or insignia displayed upon the Equipment or any warnings or documentation thereon;
(l)not copy or reproduce in any way or manner the Equipment or any part or component of the Equipment;
(m)not perform, or allow any person to perform, any work in or upon or make modifications, changes, alterations or repairs to the Equipment other than routine daily maintenance;
(n)allow Victory Rentals or its representatives to inspect the Equipment at all reasonable times and for such purpose to enter upon the site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspections;
(o)keep the Equipment free from any lines, claims, charges and encumbrances during the Rental Period;
(p)keep Victory Rentals fully informed of all material matters relating to the Equipment;
(q)deliver up the Equipment at the end of the Rental Period or on earlier termination of the Contract at such address as Victory Rentals requires, or if necessary allow Victory Rentals representatives access to the site or any premises where the Equipment is located for the purpose of removing the Equipment. The Customer shall pack the Equipment utilizing the standard packaging materials, where applicable; and
(r)not do or permit to be done anything which could invalidate the insurances referred to in clause 7.
6.1 The Customer agrees to indemnify and hold Victory Rentals and its Representatives harmless from and against all liability and expenses (including legal costs on a full indemnity basis) howsoever arising or incurred, in respect of:
(a)loss of or damage to property of the Customer whether owned, leased or hired, arising from, relating to or in connection with the performance or non-performance of the Contract; or (b)injury to, or death of any person employed or engaged by the Customer arising from, relating to or in connection with the performance or non-performance of the Contract.
7.1 During the Rental Period and the Risk Period, the Customer shall, at its own expense, provide and maintain the following insurances:
(a)insurance of the Equipment against loss by all risks of physical loss or damage by fire, theft or accident, in an amount equal to the full replacement value;(b)insurance for such amounts as a prudent owner or operator of the Equipment would insure for, or such amount as Victory Rentals may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and howsoever arising in connection with the Equipment; and(c)insurance against such other or further risks relating to the Equipment as may be required by law, together with such insurance as Victory Rentals may from time to time consider reasonably necessary and advise to the Customer.
7.2 All insurance policies by the Customer shall be endorsed to provide Victory Rentals with at least twenty (20) Business Days’ prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall upon Victory Rental’s request name Victory Rental on the policies as a loss payee in relation to any claim relating to the Equipment. The Customer shall be responsible for paying any deductibles due on any claims under such insurance policies.
7.3 The Customer shall give immediate written notice to Victory Rentals in the event of any loss, accident or damage to the Equipment arising out of or in connection with the Customer’s possession or use of the Equipment.
- Payment Terms
8.1 The final invoice amount will be based on the actual return date of the Equipment. If the Equipment is returned later than the return date specified in the Order, the Customer will be charged at the hourly rate set out in the Order until the Equipment has been returned to Victory Rental. The hourly rate is of a late equipment is 25$ an hour.
8.2 All amounts due under the Contract shall be paid in full
9 Additional Charges
9.1 In addition to the Rental Payment(s) specified in the Order, Victory Rental has in the relevant circumstances the right to apply additional charges: (a)for loss of or damage to the Equipment as a result of any failure by the Customer to comply with these Conditions;(b)if the Equipment is damaged and it can be repaired, for loss of rental income during the period the Equipment is being repaired, provided such additional charges shall cease when the Equipment is returned to full working order;(c)if the Equipment is damaged and cannot be repaired (i.e. it is written off) or the Equipment is lost or stolen, for loss of rental income during the period from the date the Equipment is damaged, lost or stolen to the date Victory Rentals receives an amount equal to full replacement value of the Equipment; (d)for outward delivery and/or collection of the Equipment, including any dismantling, packaging, transportation and shipping charges; and for Victory Rental’s packaging materials if such materials are not returned to Victory Rentals at the end of the Rental Period or on earlier termination of the Contract;
9.2 Victory Rentals shall invoice the Customer for any Additional Charges
You shall understand that due to unforeseen in-climate weather you may be required to return the rented equipment IMMEDIATELY as required by Victory Rentals. You will be able to resume renting the Kayaks after the weather has cleared or the next day. You are responsible for the return of this equipment to the same state where you received it. Agree to pay in full for any repairs, damage or lost equipment. I AM AWARE THAT KAYAKING/CANOEING IS A DANGEROUS SPORT AND I AM AWARE OF THE DANGERS OF KAYAKING AND CANOEING. I UNDERSTAND THAT VICTORY RENTALS IS IN NO WAY RESPONSIBLE OF MY SAFETY OR THE SAFETY OF THE EQUIPMENT I AM RENTING.