Big Mooch Insurance Policy
OFFER TO HIRE GOODS AND EQUIPMENT
Big Mooch and its users (the owner)
This Offer to Hire Goods and Equipment Form (the ‘Offer to Hire Form”) is an offer by you the Hirer to hire from the Owner the Goods and Equipment listed in this Offer to Hire Form for the Hire Fee for those Goods and Equipment as set out in the Owner’s published current Hire Fee List and on the Owner’s Standard Terms and Conditions of Commercial Hiring of Goods and Equipment.
If this Offer to Hire is accepted it will, with the Owner’s Standard Terms and Conditions, constitute the contract between the Owner and you the Hirer for the hire of the Goods and Equipment ordered.
Our Insurance Policy only covers your items when hired, excluding Theft by Hirer, your own insurance arrangements apply when items are not in use, stolen by the hiree (non returned) and over the $500 excess for damages.
These general claims conditions apply to all parts of this policy. In addition, there may be specific claims conditions set out in the different sections of this policy. As soon as you are aware of any event, circumstance or occurrence that is likely to result in a claim under this policy:
(a) notify us immediately;
(b) lay a complaint with the Police if you suspect burglary, theft, arson or intentional damage;
(c) take prompt steps to minimise the loss, damage or liability and avoid any further loss, damage or liability; and
(d) take reasonable steps to obtain details of any other person, property or vehicle involved and any witnesses.
You must not:
(a) dispose of or abandon any property for which you intend to make a claim;
(b) start any repairs without our permission unless it is necessary to prevent further loss, damage or liability;
(c) admit responsibility for any loss, damage or liability; or
(d) make or give any admission (of fault or fact), offer, promise, payment or indemnity or say or do anything that prejudices our ability to defend, negotiate or settle any claim made against you or make recovery for the loss or damage from any other person who may be responsible for it; whether or not any such action or statement is ultimately relied upon in determining any issue of liability.
If you wish to make a claim on this policy You must then:
- fully complete our claim form as soon as practical;
- give us free access to examine and assess any loss, damage or liability;
- provide any other information or assistance we reasonably request in relation to your claim;
- forward any letter of demand or court documents to us immediately;
- if we request it provide a statutory declaration to verify the loss, damage or liability;
- if we request it attend interviews with any person we nominate; and
- unless we are deducting it from any claim settlement to you be responsible for the payment of the excess to us or to the repairer.
After you have made a claim
After you have made a claim on this policy we have the sole right to act in your name and on your behalf to negotiate, defend or settle any action against you. If we do this it will be at our expense, except in relation to any excess that applies.
After your claim is accepted
After we have paid a claim or accepted liability for a claim on this policy either in whole or in part we have the right to take over in full any legal right of recovery or indemnity that you have. If we do this we may exercise these rights for our own benefit at our own expense and you must co-operate with us in all respects to allow us to do anything reasonably necessary to enforce that right. If you do not co-operate with us you must repay any amounts we have paid to you or any other party in respect of your claim.
You must not voluntarily and knowingly release any third party from liability arising from loss or damage insured by this policy unless first declared to and accepted by us. If any lost or stolen property for which we have paid a claim is later found or recovered you must:
(a) tell us immediately; and
(b) if we request, hand the property over to us. We have the right to keep any property, including any proceeds from its sale, for which we have paid a claim under this policy subject to adjustment if you have not been fully indemnified for your loss.
If any person is ordered to make or otherwise makes reparation to you for loss or damage to any property for which we have paid a claim under this policy you must reimburse us for that payment as soon as any reparation is made, subject to adjustment if you have not been fully indemnified.