Terms and Conditions of Hire

Definitions

1. In these conditions: -”Salters Hire” or “we” or “our” means Salters Hire Service Pty Ltd ABN 12059833742″the Hirer” or “You” means the person hiring equipment from Salters Hire, including any employees, agents and authorised representatives (as applicable).”Equipment” means each item hired by the Customer.
2. These terms apply to the hire of Equipment by us to You. These terms prevail over any other terms or agreements, whether written or oral, and represent the entire agreement between us.
3. Salters Hire reserves the right to amend the terms and conditions from time to time.
4. Headings are for convenience only, and do not affect interpretation.
5. If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.
   

   Acceptance of Terms and Conditions

6. When You place an order for Equipment with Salters Hire You are taken to have accepted these Terms and Conditions.
   

   Quotes

7. We may withdraw or alter a quotation without giving You notice. If we do not withdraw the quotation, it is valid for the period stated. If no period is stated, it is valid for 14 days from the date the quotation was given.
   

   General Hire Fees

8. Unless we otherwise agree in writing, the hire fee for Equipment will be the price we usually charge for Equipment, in accordance with our price list. Any price concession or discount we provide You is conditional on Your full compliance with these Terms and Conditions.
9. Without limiting clause 13, unless we otherwise agree in writing, You must pay the hire fee for the goods You hire upfront. Payment must be made without set-off or demand.
10. Hire fees stated are subject to inspection of site and to erection and dismantling of equipment hired in ordinary working hours (if applicable).
11. In addition to the hire fees, You may be required to pay (as applicable):
    (a) the costs of transport or delivery of Equipment;
    (b) the costs of cleaning or drying Equipment, if Equipment has not been cleaned or dried to a standard such that it could be immediately re-hired by Salters Hire. For the avoidance of doubt, such costs may include labour costs incurred in washing or scrubbing Equipment, dry-cleaning costs and stain removal;
    (c) the costs of Salters Hire being required to set up, pack, remove, fold, stack, bag or any similar activity in connection with any piece of Equipment;
    (d) any amount charged for a service call. (Weekend, public holiday and outside of normal business hours service calls will attract a higher rate);
    (e) any additional charge imposed by Salters Hire where the position or situation of Equipment is altered or changed prior to, during or after installation by Salters Hire; and
    (f) reasonable charges imposed by Salters Hire for labour.
12. You may also be required to pay additional costs in connection with Salters Hire being required to:
    (a) clear, level, even-out or smooth land or terrain so that Equipment can be set-up in a safe and workman like manner or any activity in connection with such activities;
    (b) deliver equipment to or set up on, premises, land or areas where there are barriers, obstructions, obstacles or other impediments, including, but not limited to substantial amounts of stairs, steep inclines, lack of elevators or lifts; or
    (c) pick-up from an address other than the original delivery address.

    Deposit / Bond

13. Salters Hire may request a deposit of 10% be paid to confirm Your order with us (Deposit).
14. You forfeit the Deposit to Salters Hire if:
    (a) You breach these Terms and Conditions; or
    (b) without limitation to clauses 38 to 42 (inclusive), where You cancel an order without providing Salters Hire with a reasonable notice period (determined in Salters Hire’s absolute discretion, depending on the size and nature of the order).
15. Without limiting clause 14 or clauses 38 to 42 (inclusive), You acknowledge Salters Hire is a seasonal business and what is deemed be a reasonable notice period by Salters Hire for cancellation may change in accordance with its seasons.
16. The Deposit will be credited to payment of the hire fees.
    

    Credit Card Payment of Hire Fees and Deposit / Bond

17. Salters Hire will accept payment of hire fees and/or the Deposit by credit card. If You choose to pay by credit card You authorise Salters Hire to keep your credit card details on file. You must inform Salters Hire if you do not want your details to remain on file.
18. Salters Hire only accepts payment by VISA and Mastercard credit cards.
19. Salters Hire reserves the right to reject payment by credit card, in its absolute discretion.Other applicable fees and charges
    

    Interest Chargeable on Unpaid Invoices

20. You will pay interest at a rate of the ANZ Business Overdraft Rate from time to time plus of 2% per month (or any part thereof) on any amounts due and payable by You to Salters Hire until payment is received in full by Salters Hire.
    

    Late Return

21. If Equipment is not returned to, or if previously arranged ready for pick up, by Salters Hire at the expiration of the hire period, You will be required to pay an additional charge of 100% of the daily hire rate for Equipment for every additional day or part thereof that Equipment is retained by You.
    

    Failure to Return Equipment

22. Without limiting clause 21, You must pay the full replacement cost of any items not returned, broken or damaged beyond repair, including but not limited to, racks, boxes, any part of Equipment and any form of packaging.
    

    Wear and Tear of Equipment – Damage Waiver

23. You agree to pay a surcharge to Salters Hire to cover costs associated with normal wear and tear to Equipment. This surcharge is a separate and independent surcharge and specifically does not apply to, or cover any other damage to or loss of Equipment including, without limitation:
    (a) damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment;
    (b) damage or loss due to disappearance of Equipment;
    (c) damage caused by the use or operation of Equipment In contravention to any of these Terms and Conditions; and
    (d) damage to, or, loss of, Equipment from any unknown cause.Breach of terms and conditions
24. You must pay any expenses incurred by Salters Hire as a result of breach of these Terms and Conditions by You, including, but not limited to:
    (a) costs in connection with replacing any piece of Equipment; and
    (b) costs in connection with any loss or damage to Equipment and any repairs that are required to be made to Equipment; and
    (c) any collection fees, legal costs, court costs or other expenses incurred by Salters in collecting payment of hire fees for hire, loss, damage and repairs,nothing in this clause 24 limits any rights or other remedies that we may have at law, in equity or under statute.
25. You must pay all expenses incurred by us in enforcing our rights under these Terms and Conditions.
    

    Hirer’s Obligations

26. In addition to any other obligations imposed by these Terms and Conditions, You will:
    (a) use Equipment in a proper, safe and skilful manner only for the purposes and the capacity in which it was designed;
    (b) ensure that Equipment, where necessary or required, is operated or used with due care and diligence;
    (c) store Equipment safely and securely;
    (d) clean Equipment thoroughly and properly, with due care prior to returning Equipment to Salters Hire;
    (e) comply with any laws relevant to Equipment and its use.Loss or damage to Equipment
27. You will immediately notify Salters Hire if Equipment is lost, damaged, stolen involved in any accidents or breaks down.
28. In the event that Equipment breaks down or becomes unsafe to use You will:
    (a) immediately stop using Equipment;
    (b) take all necessary steps to prevent injuries from occurring to any person or property as a result of the condition of Equipment; and
    (c) not repair or attempt to repair Equipment without our prior written consent.
29. Fees are payable by You for any loss or damage to Equipment in accordance with clause 22 of these Terms and Conditions.
    

    Risk

30. Risk of damage to, or loss of, Equipment passes to You at the time of delivery or pick up. We are not liable to You for any loss or damage or deterioration of the goods after delivery or pick up, even if we arrange freight.
    

    Property

31. You:
    (a) acknowledge and accept that Equipment at all times is the property and under title of, Salters Hire;
    (b) do not acquire any right or property in Equipment and will not hold yourself out or permit yourself to be held out as the owner of, or have any right or property in, Equipment;
    (c) will not sublet, charge, mortgage, pledge, lend or otherwise part with possession of Equipment or any part of Equipment without first obtaining the written agreement of Salters Hire; and
    (d) will provide Salters Hire with reasonable access to Equipment on demand.
32. You must determine the condition and suitability of Equipment for the purpose required. Salters Hire makes no representations or warranties as to the condition, suitability or fitness for purpose of Equipment.
33. Salters Hire’s count and/or decision as to the condition of Equipment prior to dispatch and on return is final. Equipment damaged or broken is kept for one (1) month after return then destroyed.
34. You acknowledge receipt of adequate instruction and/or demonstration on the correct use, including erection and dismantling of Equipment. Salters Hire assumes no liability for Your failure to follow instructions.
35. Salters Hire reserves the right to substitute any portion of Equipment ordered by You with the nearest type of Equipment available.
36. Salters Hire will make all reasonable endeavours to deliver Equipment at the time specified, however delivery times are approximate only and not a guarantee.
37. Any item left in the possession or control of Salters Hire becomes the property of Salters Hire if after 14 days after the Hirer has been notified, the Hirer does not collect such item(s).
    

    Cancellation

38. You cannot cancel any order unless we first agree in writing. We will not agree to any cancellation or return unless You indemnify us for any loss or damage we suffer or incur as a result of the cancellation or return.
39. We retain the right to cancel or terminate any order at any time and for any purpose, including if we consider we may be unable to supply You Equipment. If we cancel or terminate an order and You have possession of Equipment, You must return Equipment to us within 48 hours.
40. If You place an order and fail to pick up Equipment on or before the day specified for pick-up, Your order will be considered cancelled and You must pay us for any loss, liability, cost or expense we incur as a result of the cancellation and any reasonable cancellation fee we fix.
41. You have no claim against us and we are not liable to You for any loss, liability, cost or expense which You may incur as a result of a cancellation under this clause.
42. Upon any cancellation or termination of an order, we are entitled to take possession of Equipment. If this occurs, You irrevocably authorise us to enter any land or premises owned by You or under Your control for the purpose of taking possession of Equipment. You must indemnify us for any loss, claims, damages or expenses arising out of any action taken by us under this condition.
    

    Limitation of Liability

43. Subject to any rights which cannot be excluded by law (Non Excludable Rights), all warranties, conditions, liabilities or representations (whether express, implied, statutory or otherwise) as to the quality or fitness of the goods for hire or sale, or as to the accuracy of information, advice or other services concerning the goods, are expressly excluded.
44. You indemnify and keep indemnified Salters Hire and its employees, agents and contractors from and against any liability, loss, damage, cost or expense suffered or incurred by Salters Hire as a result of any of the following:
    (a) compliance with instructions from the Hirer regarding Equipment;
    (b) the Hirer’s failure to:
    1. provide or display safety information on or relating to Equipment;
    2. comply with laws relating to the use of Equipment; or
    3. detect and bring to our attention matters for which Salters Hire may become liable, whether for negligence, under legislation or otherwise;

    (c) any statement the Hirer makes about the goods without our written approval;
    (d) the use of goods by the Hirer or a third party;
    (e) a person signing for or receiving goods from Salters Hire not being an employee, agent or other authorised representative of the Hirer; and
    (f) the Hirer’s negligence or breach of this document.

45. Without limitation to clause 44, You indemnify and keep indemnified Salters Hire and its employees, agents and contractors from and against all actions, claims, demands, notices, losses, damages, costs and expenses to which we may be or may become liable in respect of any loss or damage to property or death or injury to any person of whatsoever nature or kind and howsoever or wheresoever sustained, caused or contributed to by any act or omission by You.
46. Salters Hire is not liable for any consequential loss in connection with the provision or use of Equipment or any other provision of these Terms and Conditions, even if it is due to our own negligence.
    

    Insurance

47. You will maintain at your own cost and expense relevant policies of insurance in the amounts necessary, but for no less than the full new replacement cost of Equipment.
    

    Force Majeure

48. We are not liable for failure to comply with this document if the failure (directly or indirectly) arises out of any circumstances which are not within our reasonable control, including but not limited to strikes; lock outs; accidents; war; fire; flood; explosion; shortage of power; breakdowns of plant or machinery; shortage of raw or other materials from normal sources of supply; act of God; and any order or direction of any local, State or Federal Government, Government authority or instrumentality (within the Commonwealth of Australia or elsewhere).
    

    Waiver

49. Even if we do not insist on strict performance of this document, we are not taken to have waived our right to later require strict performance. Even if we provide an express waiver, this is not to be taken as a waiver of a subsequent breach of a term or condition.
    

    Multiple Parties

50. If the Hirer is made up of more than one person, or a term is used in this document to refer to more than one party:
    (a) an obligation of those persons is joint and several;
    (b) a right of those persons is held by each of them severally; and
    (c) any other reference to that party or that term is a reference to each of those persons separately, so that (for example) a representation, warranty or undertaking is given by each of them separately.

    Severability

51. If any of these terms and conditions are invalid or unenforceable in any jurisdiction, they are to be read down so as to be valid and enforceable. If the provision cannot be read down, it is severed to the extent of the invalidity or unenforceability. The rest of the provisions, and the validity or enforceability of the affected provision in any other jurisdiction, will not be affected.Governing law and jurisdiction
52. These terms and conditions are governed by the law in force in the State of Tasmania, Australia.