Terms & Conditions

Page 1

TERMS AND CONDITIONS

1. The Agreement 1.1. The Equipment Hire Agreement and Schedule A, Verification Information, Condition Report and these Terms and Conditions together comprise the agreement (the “Agreement”) and set out all of the terms, conditions, warranties and undertakings concerning the hire of the Equipment. The Owner agrees to rent the Equipment to the Hirer and the Hirer agrees to accept the rental.

1.2. Schedule A refers to the hirers booking and invoice documentation.

1.3. All communication must be during the Business Hours of the Owner.

2. Collection or delivery of the Equipment 2.1. Collection and/or Delivery of the equipment is available Monday – Thursday between the hours of 830AM and 5.00PM AEST.

2.2. The Owner will endeavour to deliver / collect on the date as requested by the Hirer, however all delivery and collection of Equipment is subject to the Owners availability.

2.3. The Hirer must allow for reasonable variance in the delivery and/or collection date requested at the time of booking/invoicing.

2.4. The Owner will deliver the Equipment to the Hirer at the place specified on the booking/invoice and on the date specified on the invoice.

2.5. A delivery date is not confirmed until the Owner confirms the date in writing and full payment is received by the Hirer.

2.6. The Hire Period refers to the time of delivery to the return to the owners premises. The hire period may be referred to as “hired from and to” and/or “booked from and to” or any period the equipment is in possession of the hirer, both within the initial contact and beyond the initial contract.

2.7. The Owner has the right to change, amend or alter the delivery or collection date with or without notice to the hirer. The owner shall not be liable for any loss or damage suffered by the hirer as a result of any delays in delivery or collection.

3. Return of the Equipment 3.1. The owner will collect the Equipment at the time, date and address specified on the invoice, or sooner if reasonably requested by the Owner, including where the Owner reasonably believes that the Hirer has breached or is likely to breach the Agreement.

3.2. If the Hirer does not provide access for the owner to collect the Equipment on the Return Time and Date stated on the invoice, the owner will continue to charge the Hirer ongoing hire rates. These rates are set at the Owners discretion.

3.3. The Hirer authorizes the Owner to enter any premises owned or occupied by the Hirer or where necessary, the Hirer agrees to make all reasonable efforts to obtain the right for the Owner to enter any premises in order to recover and repossess the Equipment. From the date of such written demand, the Owner may exercise its legal rights to recover and repossess the Equipment and the Hirer agrees to cooperate with the Owner to recover the Equipment.

Page 2

3.4. The Hirer authorizes the Owner to enter upon any land or premises upon which the Equipment is situated or where the Owner has any reason to believe that the Equipment may be situated.

3.5. The Hirer must reimburse the Owner for its reasonable costs of recovering or repossessing the Equipment where such costs are a consequence of the Hirer’s failure to return the Equipment in accordance with this Agreement. Except to the extent of the Owner’s fault, the Hirer indemnifies the Owner against any claim made by any third party resulting from the Owner’s recovery or repossession of the Equipment.

3.6. Upon the collection of the Equipment by the Owner, the Hirer will thoroughly clean the Equipment and remove any dust, building residue or chemicals or other materials.

3.7. Failure to return the Equipment in a clean condition may result in a cleaning fee or damage fee being charge to the Hirer.

4.1. The Rent specified on the invoice;

4.2. The Deposit specified at booking;

4.3. The Deposit paid is non-refundable.

4.4. Time charges – A charge equivalent to the weekly rental rate of the Equipment for each full and partial week that the Equipment is not returned after the Return Time and Date specified on the invoice;

4.5. Delivery Fee/Charge – The fee for delivery is for the Melbourne Metropolitan Area only. Delivery beyond the Melbourne Metropolitan Area may attract further charges.

4.6. If the Equipment is not returned to the Owner’s depot as provided by this Agreement, the cost of collecting or returning the Equipment;

4.7. Cleaning excessively dirty Equipment charged according to time taken and resources required to clean the Equipment;

4.8. Delivery / Collection Fees – The delivery / collection fees noted on the website and at the stage of booking, or any fees reasonably incurred by the Owner to recover or repossess the Equipment in accordance with this Agreement;

4.9. The cost of any Damages;

4.10. Debt collection expenses – Where the Hirer does not pay the charges in accordance with this Agreement, the Hirer must reimburse the Owner for the Owner’s reasonable expenses and costs incurred in collecting from the Hirer the charges payable under this Agreement and for reasonable interest charges;

4.11. Any other amount specified in these terms and conditions.

4.12. The Hirer is responsible for paying any insurance excess fees associated with the hire of equipment.

4.13. The amount paid upon invoicing

5.1. “Deposit” refers to the partial payment on a hire of equipment.

5.2. The Deposit is a non-refundable payment.

4. Charges

The Hirer agrees to pay the Owner the following charges (collectively the “Charges”):-

5. Deposit or Credit, Charge, Debit Cards or Cash

Page 3

5.3. The Hirer hereby authorises the Owner to charge any ongoing hire costs or costs associated with damage, theft or loss to the credit, charge or debit Card, the details of which the Hirer has provided to the Owner at the time of renting the Equipment for this purpose.

5.4. If the Hirer presents a Card at the commencement of the rental, then the Hirer authorises the Owner to reserve credit with, or obtain an authorisation from, the Card issuer at the time of rental in an amount up to the expected cost of the rental (less any discount, credit or rebate), plus $100 (inclusive of GST) or other such amount advised at the time of signing this Agreement.

5.5. If the Owner charges the Hirer’s Card for any Charges or for damages incurred by the Hirer, it will promptly notify the Hirer of the amount charged and provide details of the costs or damages as the case may be. If the Hirer disputes the Charges or damages, the Hirer can contact the Owner who will deal promptly with any dispute and, if the Owner reasonably considers that any amount should be refunded to the Hirer it will promptly credit that amount to the Hirer’s Card.

5.6. The Hirer’s Card may be charged within 30 days after the Equipment has been returned, notwithstanding that any particular charge or amount could have been but was not charged when the Equipment was returned.

5.7. The Hirer warrants that the Card details supplied are for the Hirer’s Card (whether alone or with another person) and the Hirer is responsible for all amounts credited, charged or debited to that Card.

6.1. The Hirer shall be entitled to use the Equipment during the period specified on the invoice for Display Purposes only and at the address specified on the invoice. The Equipment shall not be moved, relocated or used in any area other than the address as specified on the invoice as the “delivery address”.

6.2. The Equipment must never be used recklessly, negligently or with deliberate intent to cause injury, loss or damage or while Intoxicated with any substance.

6.3. Upon installation, delivery or collection of the Equipment, the Hirer must immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the Equipment. In accepting the Equipment, the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required. The Hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the Owner in respect of the Equipment, its purpose, suitability or performance.

6.4. The Hirer acknowledges that the Owner may inspect the Equipment at any time during the period of hire, whether notice of such inspection is given to the Hirer or not, and the Hirer shall provide all assistance and co-operation necessary to facilitate such inspection of the Equipment. The Hirer shall indemnify the Owner in relation to any action of trespass or any other action or claim against the Owner in the course of the Owner exercising its right to inspect the Equipment.

7.1. The Hirer agrees to hire at their own risk and take full responsibility for the Equipment from the time the Hirer takes possession of the Equipment until the Equipment is validly returned to the possession of the Owner in accordance with clause 3 (“the Hire Period”)

6. Use of Equipment

7. Full Responsibility

Page 4

and is, to the fullest extent permitted by applicable law, responsible for all damages regardless of fault which occur during the Hire Period.

7.2. The Hirer agrees to indemnify, release and hold harmless the Owner to the maximum extent permitted by law from any claim against the Owner for loss of or damage to any person or property that is connected with the rental under this Agreement but does not include any damage incurred as a result of negligence of the Owner.

8.1. The Hirer and the Owner acknowledge that the Equipment is generally in reasonable condition except as otherwise noted by the Owner in writing in the Condition Report.

8.2. The Hirer shall maintain the Equipment using the care of a prudent owner in the same proper condition in which the Equipment was in at the commencement of the hiring.

8.3. The Hirer shall return the Equipment to the Owner, in the same proper condition in which it was at the commencement of the hiring.

8.4. The Hirer will be fully responsible to the Owner for any loss of or damage to the equipment (however occasioned). The Hirer must give reasonable notice to the Owner in writing of any such loss or damage of a substantial or material nature.

8.5. The Hirer agrees to display the Equipment in a fit for purpose manner only, for Equipment of that type.

8.6. Without limiting the generality of this clause, the Hirer must comply in all respects with the instructions and recommendations of the manufacturer or other supplier relating to the equipment and to their use, in particular where any failure in compliance would breach the manufacturer’s warranty.

8.7. The Hirer will throughout the Hire Period comply with all laws, regulations and requirements which are applicable to the Equipment and its operation in any territory and/or state in which the Equipment is operated by the Hirer. The Hirer will operate the Equipment in accordance with applicable safety regulations and the Occupational Health and Safety Act.

9.1. In the event of the Equipment being damaged to an extent which renders the same unfit (without major repairs) for further use by the Hirer, then the Hirer will return it promptly to the owner at the expense of the Hirer.

9.2. Where the Equipment has been damaged in any way excepting fair wear and tear, the Hirer must pay the Owner Damages to cover the repair or replacement of the Equipment.

9.3. The Hirer hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever, fair wear and tear excepted.

9.4. No loss or damage to the Equipment or any part thereof shall impair any obligation of the Hirer under this Agreement which shall continue in full force and effect through the term of the Hire Agreement.

9.5. In the event of loss or damage of any kind whatever to the Equipment, fair wear and tear excepted, the Hirer shall pay to Owner the replacement cost of the Equipment or the insurance excess of the Owners insurance policy.

9.6. In the event of a damage, the Hirer must immediately stop using the Equipment and take all steps necessary to prevent the Equipment from sustaining further damager and

8. Maintaining the Equipment

9. Damage to Equipment

Page 5

prevent injury from occurring to any person or property as a result of the condition of the Equipment. The Hirer must not repair or attempt to repair any Equipment without the Owners written consent.

10.1. The Owner will insure for his or her own benefit the Equipment against the risk of the Equipment being rendered a total or constructive total loss, or being rendered unfit (without major repairs) for further use by the Hirer.

10.2. The excess payable is set by the Owners insurance provider and is subject to change without notice.

11.1. The Hirer has certain rights given to him or her by the consumer protection legislation. Except for these rights, the Owner provides no other warranties in respect of the Equipment and the Owner accepts no responsibility or liability to the Hirer or any other person who uses the Equipment during the Hire Period, for any loss, damage, costs, expenses or any other liabilities resulting from the Equipment.

11.2. Except to the extent implied by law, the Hirer shall be responsible for all risks whatsoever of or in connection with the Equipment by the Hirer, including risks of third party damage to persons or property and risks of liability towards persons who or whose property may be affected by the Equipment during the hiring.

11.3. The Hirer shall indemnify and release the Owner against, and hold the Owner harmless from, any and all claims, actions, demands, suits, proceedings, costs, expenses, damages and liabilities, including reasonable solicitors fees and costs, arising out of, in connection with, or resulting from the Equipment during the Hire Period (whether direct or indirect and irrespective of jurisdiction), including but not limited to the manufacture, selection, possession, use, operation and/or return of the Equipment and in relation to the risks referred to in clause 11.2.

12.1. This Agreement may be terminated and cancelled forthwith by the Owner upon giving notice in writing of not less than 24 hours to the Hirer:- 12.1.1. if the Hirer commits any breach of the terms or conditions of this Agreement or in the Owner’s reasonable opinion is likely to commit a breach of this Agreement; or

12.1.2. if the Hirer is declared bankrupt (or, if a company, goes into liquidation) and/or commits an act of bankruptcy or enters into an arrangement with his creditors.

13.1. The Hirer shall not without the written consent of the Owner assign or purport to assign this Agreement or any of his or her rights hereunder to any other party whatsoever.

14.1. This Agreement shall be construed according to the law of the State described in Victoria, Australia and any action by the Hirer arising therefrom shall be brought only in a court of that state.

10. Insurance

11. Limited Liability and Indemnity

12. Termination

13. Assignment

14. Construction

15. Ownership of Equipment

Page 6

15.1. The Equipment is, and shall at all times be and remain, the sole and exclusive property of the Owner; and the Hirer shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.

16.1. This instrument constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto.

17.1. If any provision of this Agreement is determined by a Court or arbitrator to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of any other provision of this Agreement.

18.1. This Agreement may not be modified or amended except with the written consent of the parties.

16. Entire Agreement

17. Severability

18. Amendments

19. Definitions:

Business Hours means the hours of operation of the Owner’s business. For the purpose of this Agreement, the Owners Business Hours are Monday – Friday, between the hours of 9.00AM – 5.00PM AEST, excluding public holidays.

Card is the card of the Hirer which is identified at the time of signing this Agreement.

Cycle refers to 6 weeks hire.

Damages means any expense, cost, penalty, liability or other financial obligation (including legal costs and excess on insurances) in respect of the loss or damage of the Equipment including the cost of repairs or where damage is irreparable, the replacement cost of the Equipment, or any claim or demand of any third party in respect of the Equipment or the loss or damage to property other than the Equipment.

Deposit means the partial payment on a hire of equipment.

Display Purposes means for appearance only and not for use.

Display Furniture refers to furniture which is for appearance only and not for use, regardless of a manufacturers intent.

Equipment refers to any items being hired from the Owner by the Hirer.

Hirer refers to any person, company or representative entering into an agreement with the Owner by booking any Equipment of the Owners via the Owner and/or the Owners website, storefront or any other method of booking.

Hire Period is the time and date that the Hirer takes possession of the Equipment until the time and date the Equipment is validly returned to the possession of the Owner in accordance with clause 3.

Insurance Charge means

Intoxicated means where the driver/operator is under the influence of any drug or intoxicating liquor to the extent that the person’s ability to use and control the equipment is impaired or where:-

  1. (i) the operator’s blood alcohol level is in breach of the applicable legal limit; or
  2. (ii) the operator is found to be under the influence of any drug; or

Page 7

  1. (iii) the operator fails to provide a breath, blood or other sample when lawfully required to do so by or on behalf of the police.

Invoice refers to the documentation issued by the Owner to the Hirer, titled Invoice.

Item(s) refers to any Equipment being hired from the Owner by the Hirer.

Owner refers to the Owner of the Equipment. For the purpose of this Agreement, the Owner is Pipi Blue Pty Ltd t/AS Hiphouse.

Terms & Conditions refers to those including but not limited to as set out in this Agreement and referred to on the Owners website

20. Other Terms 20.1. Force majeure – for the purpose of this Agreement, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including, but not limited to acts of God, War, Rain, Hail, Wind, Fire, Explosion, Civil disobedience, Legislation not in force at the date of this Agreement or labour disputes. Neither the Owner nor the Hirer will breach this Agreement and each party will not be liable to the other party for delay or failure to perform its obligation under this agreement due to Force majeure. The Owner may give written notice to the Hirer, giving full particulars of such Force Majeure. The Owner shall not be liable for any indirect or consequential loss or expense or damage suffered by the Hirer, including but not limited to, loss of turnover, profits, business or goodwill or any liability to any other party or for any loss or damage suffered by the Hirer as a result of any delays caused by such Force majeure.

20.2. The guidelines provided on the Owners website titled “things to know before you hire” should be read in conjunction with the terms and conditions, privacy statements and policies of the Owners.

20.3. The Hirer agrees that they have read, understood and agree all terms and conditions, guidelines, privacy statements and terms of use, as prepared by/or on behalf of the Owner prior to entering into an Agreement with the Owner and/or booking with the Owner.