Race Wheel Rental - Terms and Conditions
Terms and Conditions
Use of the term "we" or "us" refers to TLR Race Wheel Rental. Use of the term "you", "your" or "Hirer" includes the Hirer and if the Hirer is under 18 years of age, the Parent/Guardian recorded above as the Hirer.
Payment Terms for Rental Charge
1. Payment of the Rental Charge can be made by your Paypal account,credit or debit card via our checkout system or cash for those using the pickup option.
Delivery and Return Shipping
2. TLR Race Wheel Rental will arrange delivery of the hired equipment to the address which you advise on or before the specified date.
3. You must ensure the hired equipment is cleaned and returned to us (at the address nominated by us) on the specified pick-up day. Any equipment not received by us from you more than a week after their intended return are subject to an additional charge equivalent to the amount of the Rental Charge unless approved otherwise in writing by TLR Race Wheel Rental. This charge shall be deducted from the credit card or Paypal account provided by the Hirer.
4. All delivery costs (both to you and return to us) are payable by the Hirer. This amount is defined in the rental quote..
5. Responsibility for the hired equipment passes to the Hirer upon receipt of the hired equipment. The Hirer accepts absolute financial responsibility for any loss or damage to the Hired equipment during the rental.
6. The Hirer acknowledges failure by him/her to return the Hired equipment to TLR Race Wheel Rental within 30 days of the rental period will result in the Hirer being liable to pay TLR Race Wheel Rental a charge equal to manufacturers recommended retail price for those hired equipment. This charge shall be deducted by TLR Race Wheel Rental from the credit card or Paypal details provided by the Hirer.
7. If the Hirer has selected and paid the damage waiver amount in the Order Details, the Hirer acknowledges the damage waiver applies only in respect of accidental damage to the Hired equipment and related equipment caused by the Hirer provided the Hirer has at all times used the Hired equipment for the purpose and in the manner which the Hired equipment are intended to be used.
8. The damage waiver does not cover loss or damage to the Hired equipment or related equipment due to:
(a) The Hirer losing the Hired equipment;
9. The Hirer shall pay to TLR Race Wheel Rental all costs and expenses incurred by TLR Race Wheel Rental in recovering any money or in connection with the exercise or attempted exercise of any rights or remedies under these terms and conditions, including commissions and legal costs on a solicitor and client basis.
10. Any cancellation of the rental at any time up to 1 week before the Race will result in the loss of the 20% deposit. Any cancellation of the rental at any time after 1 week before the Race will incur a cancellation fee equivalent to the entire Rental Charge. The Hirer authorises TLR Race Wheel Rental to debit any cancellation fee from his/her credit card or Paypal account.
11. The Hirer shall notify TLR Race Wheel Rental immediately if the Hired equipment are lost or damaged and shall follow all reasonable instructions of TLR Race Wheel Rental.
Acknowledgments and Liability Waiver:
12. Notwithstanding any other provision in these terms and conditions, in consideration of the rental of the Hired equipment by TLR Race Wheel Rental to the Hirer, the Hirer (or if the Hirer is under 18 years of age, the Hirer's parent or guardian), acknowledges:
(a) he/she is renting the Hired equipment for the Hirer's personal use only;
(b) he/she accepts full responsibility for the care of the Hired equipment and all related parts during the rental;
(c) any damage to the Hired equipment or related parts beyond reasonable wear and tear, up to and including total loss, will be the Hirer's sole responsibility and accordingly the Hirer agrees to compensate TLR Race Wheel Rental for any damage and authorise TLR Race Wheel Rental to charge the Hirers credit card for the full recommended retail replacement cost of such equipment to cover such responsibility. TLR Race Wheel Rental agrees to rebate any portion of such charge not necessary to satisfy the Hirer's obligations under these terms after the necessary repair has been completed;
(d) If tyres are provided the Hirer acknowledges he/she is responsible for the replacement of any punctured tyres, high pressure or singles that occur during the hire period. The Hired equipment is to be returned with a new tyre. The Hirer authorises TLR Race Wheel Rental to charge his/her credit card for the cost of a new tyre if such new tyre is not arranged by the Hirer before the return of the Hired equipment.
(e) any performance of the Hired equipment, or any malfunctions or shortcomings of the Hired equipment or related equipment while hired to the Hirer, is not the responsibility of TLR Race Wheel Rental but is the sole responsibility of the Hirer;
(f) TLR Race Wheel Rental is in no way responsible for any and/or all risks of injury or death which the Hirer may sustain while utilising the Hired equipment or related equipment;
(g) that cycling and triathlon are inherently dangerous events and certifies that the Hirer is properly conditioned to participate and that the Hirer is fully knowledgeable of the use of carbon aerodynamic wheel sets as they relate to acute handling needs, and speed increases during an event and training. Moreover, the Hirer is completely aware of stability issues associated with cross winds, and gusts, which could affect the Hirer during his/her use of the Hired equipment provided by TLR Race Wheel Rental and holds TLR Race Wheel Rental completely harmless for any incident incurred or caused by the Hirer during the Rental Period.
13. To the maximum extent permitted by law, the Hirer acknowledges TLR Race Wheel Rental has no liability whatsoever to the Hirer for any loss or damage (whether direct, indirect or consequential) or for any loss of profit (or any other form of loss) arising in connection with the rental of the Hired equipment, use of the Hired equipment, transportation of the Hired equipment, during participation in the Race or arising from operation of these terms and conditions (whether in contract or in tort) including that resulting from any negligence of TLR Race Wheel Rental or arising by operation of law.
14. To the maximum extent permitted by law and subject to clause 13, the maximum aggregate liability of TLR Race Wheel Rental for any and all claims made by the Hirer whether as a result of any breach of these terms and conditions or on any other ground or terms whatsoever (including, but not limited to liability as a result of tort, including negligence) will not exceed in any circumstances the total amount of the Rental Charge in respect of which the claim has arisen from.
15. To the maximum extent permitted by law, the Hirer will indemnify TLR Race Wheel Rental against any liability, losses, damages or expenses incurred or suffered by TLR Race Wheel Rental as a result of any claim made by the Hirer or a third person against TLR Race Wheel Rental in respect of any loss or liability arising from these terms and conditions or arising out of the rental of the Rental Wheels.
Consumer Guarantees Act
16. Nothing in these terms and conditions are intended to avoid the provisions of the Australian Consumer Law 2011 except to the extent permitted by that Law. To the extent that such liability cannot be lawfully excluded, these terms and conditions shall be modified to the extent necessary to give effect to the intention of the Law.
17. If the Hirer is hiring the Hired equipment for the purposes of a business, the Hirer agrees the provisions of the Australian Consumer Law 2011 do not apply.
Right to Terminate
18. At any time up to the rental of the Hired equipment or anytime during the rental of the Hired equipment, TLR Race Wheel Rental may terminate these terms and conditions with immediate effect for any reason whatsoever.
19. The Hirer grants TLR Race Wheel Rental an irrevocable right and authority to enter at any time onto any place where the Hired equipment are situated or thought to be situated to remove the Hired equipment in the event the terms and conditions are terminated.
20. The Hirer indemnifies TLR Race Wheel Rental against any cost, claim, damage, expense or liability suffered or incurred by TLR Race Wheel Rental whether arising directly or indirectly from TLR Race Wheel Rental exercising its rights under this clause or otherwise arising from termination of these terms and conditions or repossession of the Hired equipment.
21. Cancellation of these terms and conditions by TLR Race Wheel Rental is without prejudice to any rights TLR Race Wheel Rental has under these terms and conditions.
22. The Hirer and each person who agrees these terms and conditions authorises TLR Race Wheel Rental:
(a) to collect, retain and use information about the Hirer or such other signatory from any person for the purpose of assessing the Hirer's or such other signatory's creditworthiness;
(b) to disclose information about the Hirer or such other signatory to such persons as necessary or desirable to enable TLR Race Wheel Rental to exercise any power, enforcement or attempted enforcement of TLR Race Wheel Rental’s rights, remedies and powers under these terms and conditions.
23. To the maximum extent permitted by law, TLR Race Wheel Rental disclaims all warranties, representations or guarantees (whether expressed, implied or statutory) with respect to the Hired equipment including but not limited to the state, quality, fitness for purpose or description of the Hired equipment.