TERMS AND CONDITIONS OF HIRE
- In these conditions: -
“Salters Hire” or “we” or “our” means Salters Hire Service Pty Ltd ABN 12059833742, the owner of the Equipment.
“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 Hirer.
- These terms apply to the hire of Equipment by us to You. When You place an order for Equipment with Us, You are deemed to have accepted these Terms and Conditions.
- Salters Hire reserves the right to amend the terms and conditions from time to time.
4. We may withdraw or alter a quotation at any time. 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.
5. Salters Hire may request a deposit of 10% be paid to confirm Your order with us (Deposit).
6. You forfeit the Deposit to Salters Hire if:
- You breach these Terms and Conditions; or
- where You cancel an order without providing Us with reasonable notice (determined in Our absolute discretion).
7. The Deposit will be credited to payment of the hire fees.
Equipment hire fee
8. Unless otherwise agreed, you must pay the full hire fee upfront.
9. You must provide us with Your credit card details to allow us to debit Your card prior to, or on pick-up or delivery of Equipment. You authorise Us to keep Your credit card details on file unless otherwise requested in writing.
10. Hire fees stated are subject to inspection of site and to erection and dismantling of equipment hired in ordinary working hours (if applicable).
- The agreed daily hiring charge will accrue in full even if the Equipment is only in Your possession for part of the day.
Delivery, cleaning and labour fees
12. In addition to the hire fees, You may be required to pay (as applicable):
- the costs of transport or delivery of Equipment;
- 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;
- 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;
- any amount charged for a service call. (Weekend, public holiday and outside of normal business hours service calls will attract a higher rate);
- 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
- reasonable charges imposed by Salters Hire for labour.
13. You may also be required to pay additional costs in connection with Salters Hire being required to:
- 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;
- 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
- pick-up from an address other than the original delivery address.
Other applicable fees and charges
Interest chargeable on unpaid invoices
14. 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 Us until payment is received in full by Us.
15. If Equipment is not returned to, or if previously arranged ready for pick up, by Us 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
16. 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
17. 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:
- damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment;
- damage or loss due to disappearance of Equipment;
- damage caused by the use or operation of Equipment In contravention to any of these Terms and Conditions; and
- damage to, or, loss of, Equipment from any unknown cause.
Breach of terms and conditions
18. You must pay us any expense incurred or loss suffered by Us as a result of breach by You of these Terms and Conditions including without limitation, legal costs on a solicitor-client basis and all costs incurred by Us, our legal advisers and other agents (including collection agents) in enforcing our rights under these Terms and Conditions and in respect of anything instituted or being considered against You whether for debt, possession of any Equipment or otherwise.
Credit card payment of hire fees and deposit
19. We accept payment by credit card. You authorise Us to retain your credit card information on file. You must inform Us if you do not want your details to remain on file.
20. Salters Hire only accepts payment by VISA and Mastercard credit cards.
21. Charges for loss, damage, repairs or other expenses are to be paid within 7 days of the relevant invoice. You authorise us to debit your credit card with the amount shown on the relevant invoice if You have not paid an amount within  days of the relevant invoice.
22. In addition to any other obligations imposed by these Terms and Conditions, You will:
- use Equipment in a proper, safe and skilful manner only for the purposes and the capacity in which it was designed;
- ensure that Equipment, where necessary or required, is operated or used with due care and diligence;
- store Equipment safely and securely;
- clean Equipment thoroughly and properly, with due care prior to returning Equipment to Salters Hire;
- comply with any laws relevant to Equipment and its use.
Loss or damage to Equipment
23. You will immediately notify Salters Hire if Equipment is lost, damaged, stolen involved in any accidents or breaks down.
24. In the event that Equipment breaks down or becomes unsafe to use You will:
- immediately stop using Equipment;
- take all necessary steps to prevent injuries from occurring to any person or property as a result of the condition of Equipment; and
- not repair or attempt to repair Equipment without our prior written consent.
25. Our 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.
26. 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).
27. Fees are payable by You for any loss or damage to Equipment in accordance with these Terms and Conditions.
Title and Risk
28. You expressly agree as a condition of Us hiring the Equipment to You that We remain the owner of the Equipment at all times. You do not acquire interest in the Equipment at any time.
29. 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.
30. These Terms and Conditions create a security interest in favour of Us in the Equipment pursuant to the Personal Property and Securities Act 2009 (Cth).
31. You acknowledge that Our rights and interest in proceeds derived from the Equipment constitute a security interest in such proceeds.
32. You must undertake any action and provide such information as we required to enable Us to perfect any security interest created or provided for by these Terms as a perfected security interest with a first priority.
33. You must determine the condition and suitability of Equipment for the purpose required. We make no representations or warranties as to the condition, suitability or fitness for purpose of Equipment.
34. On receipt of Equipment, You must immediately inspect the Equipment and satisfy Yourself as to its suitability and fitness for purpose to which you require the Equipment. In accepting the Equipment, you acknowledge that you have duly examined the Equipment and satisfied yourself as required.
35. You must follow any instructions (written or verbal) and/or demonstrations on the correct use, including erection and dismantling of Equipment. We assume no liability for Your failure to follow instructions.
36. You must not sublet, charge, mortgage, pledge, lend or otherwise part with possession of Equipment or any part of Equipment
37. Salters Hire reserves the right to substitute any portion of Equipment ordered by You with the nearest type of Equipment available.
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.
40. If You place an order and fail to pick up Equipment on the day specified for pick-up, Your order will be considered cancelled and You will be liable for the full hire fee 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 the us under this condition.
Liability and indemnity
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. Except by legislation where liability may not be limited, Our liability for breach of terms which cannot be excluded is limited to (at our option) replacement or repair or supply of equivalent Equipment.
45. You indemnify and keep indemnified Us and our employees, agents and contractors from and against any liability, loss, damage, cost or expense suffered or incurred by Us as a result of any of the following:
- any breach of these Terms and Conditions by You;
- the use of goods by the Hirer or a third party;
- a person signing for or receiving goods from Salters Hire not being an employee, agent or other authorised representative of the Hirer;
- 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. We are not liable for any special, indirect or consequential loss under or in connection with these Terms and Conditions (whether arising under contract, tort (including negligence) or otherwise.
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.
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;; 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).
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.
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:
- an obligation of those persons is joint and several;
- a right of those persons is held by each of them severally; and
- 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.
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.