Terms and Conditions
- In these conditions, the following terms are defined as follows:
“Owner” means ReadyFence a division of READY FENCE (NSW) Pty. Ltd. ABN 60 102 229 729.
“Hirer” means the company or person entering into this agreement.
“Equipment” means items hired out by the owner.
- The Owner shall be entitled to present an invoice in respect of and upon delivery of the Equipment or any part thereof. Where delivery of the goods or any part thereof is delayed at the Hirers request, the owner may at its option present an invoice at any time in respect of all the Equipment not withstanding any partial or delayed delivery.
- The Hirer agrees to pay the Owners hire and other charges at the times specified, or if not specified then on the delivery date of the invoice.
- In addition to the hire charges specified by the Owner the hirer shall pay the Owner the amounts of any tax, duty, charge or other expense payable to any government authority in respect of the use of the Equipment.
- Unless otherwise agreed, the hire will commence from the time the Equipment arrives at the destination the Hirer specified or from the time the Equipment leaves the Owners premises.
- Equipment Ownership
- The Equipment shall at all times remain the property of the Owner and no person shall be entitled to use, dispose of or otherwise deal with the Equipment in any way which is inconsistent with the Owners rights or these conditions.
- An Australian Patent applies to the Equipment consequently the copy or duplication or the supply of Equipment for copy or duplication is ILLEGAL and will be dealt with accordingly.
- The Owner may assign, sub-contract or franchise its rights and obligations under this agreement without notice to the Hirer.
- Personal Property Securities Act arrangements
Acknowledgement of security agreement and security interest The Hirer acknowledges and agrees that:
- These Terms and Conditions are a security agreement for the purposes of the PPSA;
- The Owner has a security interest in the Equipment and in any present or after acquired property that represents proceeds arising in respect of any dealings with the Equipment; and
- The security interest secures all amounts owing by the Hirer to the Owner in connection with the hire of the Equipment and all obligations arising under these Terms and conditions.
- Loss of or damage to Equipment
- The Hirer shall immediately notify the Owner if the Equipment is damaged or lost.
- If the damage or loss of the Equipment is caused by theft, vandalism or the negligence, misuse or breach of contract the Hirer will reimburse the Owner or pay for the cost of repairs and will remain responsible for hire charges until the Equipment is repaired or replaced.
- Hirers Obligations
- Should the Hirer have either expressly or by imputation made known to the Owner or to the person by whom antecedent negotiations were conducted, any particular purpose for which the Equipment is being acquired, the Hirer acknowledges that he or she has not relied nor would it have been reasonable to have relied on the skill or judgement of the Owner when deciding whether the Equipment was reasonably fit for that purpose.
- Accept full responsibility for the safekeeping of the Equipment.
- Not alter, made addition to, deface or erase and identification mark, trademark or number on the Equipment or in any other manner interfere with the Equipment.
- Comply at its own expense with all municipal, state and federal laws, ordinances and regulations including in particular any occupational health and safety laws which may affect the Equipment while it is in the possession of or use by the Hirer.
- Not without written consent of the Owner keep or store in the Equipment or on or near any Equipment any volatile spirits or explosive goods which are or may become corrosive or dangerous.
- Pay to the owner all hire and other charges for which it is liable to the Owner.
- It is the Hirers sole responsibility to notify the Owner when off hire and removal of the Equipment is to occur. Hire charges will apply up until notification and removal of the Equipment has occurred.
The Hirer at its own expense shall maintain all appropriate policies of insurance.
- For damage to or arising out of the hire of the Equipment in an amount not less than the full new replacement cost of the Equipment.
- For all third party and public liability risks in respect of the hire or use of the Equipment by the Hirer in an amount not less than $10 million.
- Release and Indemnity
The Hirer hereby releases and exonerates the Owner from, and agrees to indemnify the Owner in respect of any third party, claims, suits, demands, costs and expenses for damage or injury to person arising directly or indirectly out of the hire or use of the Equipment by the Hirer whether caused by the negligence of the Hirer or any other person, the breakdown, failure, operation, mis-delivery or non-delivery of the Equipment or howsoever.
- These conditions shall replace and supersede all other terms and conditions of hire.
- The person signing this agreement for and on behalf of the Hirer agrees with the Owner that he or she has the authority to make this agreement on the Hirer’s behalf.
- Any credit accommodation granted may be withdrawn at any time for any reason without notice.
- The quoted price is for the current site only.
- Extra labour will apply when the installed fence requires relocation. $60.00 + GST per hour per man plus travel time will be charged.
- Meterage is an approximate and can vary when installation is complete.
- Price quoted is for one installation and one removal only. If extra installations are required an hourly rate (ref clause 9(e)) will apply. Extra pickup/removals will be charged at $150.00 + GST