This document is intended to cover loans of equipment by an individual (“equipment owner”) to the Association (Perth Artifactory Inc., "The Association").
"Equipment" includes all types of tools and equipment, including -
- hand tools,
- power tools,
- electronic equipment,
- machinery, and
- accessories or attachments to equipment.
An agreement made using this document must be -
- approved in writing by a member of the Infrastructure Subcommittee, and
- seconded in writing by either -
- another member of the Infrastructure Subcommittee, or
- a member of the Management Committee.
If the equipment owner is a member of the Management Committee or Infrastructure Subcommittee they may not exercise any authority delegated to them for the purposes of this agreement.
This agreement may be varied with the approval of all parties.
Written records must be made of:
- The equipment owner's name, and
- The approver's and seconder's names, and
- The equipment owner's contact details, and
- The equipment which is being loaned, and any accessories and attachments included, and
- Any variations to the standard loan agreement.
- The Association is not liable for damages to the equipment.
- The Association will endeavour to identify who caused damage to the equipment.
- The Association will attempt to investigate and correct any systematic causes for damage to the equipment.
- The Management Committee may hold members liable for damage to the equipment, where it is determined that the damage was due to the negligence of a member.
- This determination will be made by the Management Committee, assisted by the Infrastructure Subcommittee.
- The Association is not responsible for maintenance costs associated with the equipment.
- The Association may request that the equipment be removed from the space at any time.
- The Management Committee must give the equipment owner reasonable notice that reflects the difficulty of relocating the equipment. The notice does not need to reflect the equipment owner’s alternative storage options.
- The notice period must be at least 14 days for hand tools and other small items and at least 28 days for larger equipment.
- If the equipment is not removed within the notice period, the equipment will be treated as a donation to The Association.
- The Association may opt to implement an equipment usage fee for the equipment to reflect power usage, workshop usage, and other costs determined by the Management Committee.
- The Association Infrastructure Subcommittee may gate loaned equipment behind a safety induction.
- In the event that a safety induction is in place the equipment owner does not automatically have the ability to induct users.
- The Association must not modify the equipment without explicit agreement of the equipment owner.
- The Association must contact the equipment owner via the contact details designated by the equipment owner.
- The equipment owner must maintain exclusive, free and clear ownership of the equipment.
- The equipment owner must keep their contact details up to date.
- The Association will assume liability in place of the equipment owner if a user other than the owner is injured using the equipment.
- This provision applies to the extent that the event is covered under an insurance policy held by the Association.
- If the equipment is damaged in a manner that is covered by an insurance policy held by the Association, the Association will pay the policy excess.
- The equipment owner may freely modify the equipment, provided that the modification -
- is appropriately documented and communicated to members,
- does not reduce safety protections on the equipment,
- does not increase the risk associated with the equipment,
- does not increase the footprint of the equipment, and
- does not incur increased financial obligations for the Association
- The equipment owner will be subject to the equipment usage fee, if any.
- If there are multiple rates of equipment usage fee deliniated by membership class the equipment owner will always be subject to the lowest applicable rate.
- The equipment owner may end the loan by providing written notice to the Management Committee.
- The notice must be at least 14 days for hand/power tools and at least 28 days for other equipment, unless a suitable replacement is already available.
- The notice period may be waived by a member of the Infrastructure Subcommittee or the Management Committee.
- The equipment owner may temporarily remove the tool by request.
- The request must be approved by a member of the Infrastructure Subcommittee or the Management Committee.
- Approval must not be unreasonably withheld. A reasonable example of why a request may be denied is a scheduled upcoming event that requires the equipment.