TERMS AND CONDITIONS OF HIRE
1. In these terms and conditions of hire:
“Salters Hire”, “we”, “our” or “us” (as the context requires) means Salters (Tas) Pty Ltd ABN 60 616 450 983, the owner of the Equipment.
“Hire Terms” means these terms and conditions of hire.
“The Hirer” or “You” means the person hiring equipment from Salters Hire, including any employees’ agents and authorized representatives (as applicable).
2. These Hire Terms apply to the hire of Equipment from Us by You. When You place an order for Equipment with Us, you accept, are deemed to have accepted, these Hire Terms.
3. Salters Hire reserves the right to amend the Hire Terms from time to time, without notice to You.
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. We may request a deposit of up to 100% to confirm Your order with us (“Deposit”).
6. You forfeit the Deposit to Us if:
(a) You breach these Hire Terms; or
(b) 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).
11. 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):
(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 (without limitation) 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.
13. 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.
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 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 Us, or ready for pick up by Us (if agreed between You and 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.
You agree to pay Us for any consequential loss suffered by Us for the late return of hired equipment such as:
a) loss of hire fees for possible future bookings;
b) the late return being due to damaged stock not being available for future bookings, the costs to subhire the same equipment until replacement equipment arrives;
c) costs associated with unpacking, assembling, loading, unloading the replacement equipment.
Failure to return Equipment
16. You must pay the full replacement cost of any items or Equipment (which includes, but is not limited to racks, boxes, any part of Equipment and any form of packaging) that is:
(a) not returned to Us by the expiration of the hire period; or
(b) is broken or damaged beyond repair.
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:
(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 Hire Terms or any law; and
(d) 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 Hire Terms, 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 Hire Terms and in respect of anything instituted or being considered against You whether for debt, possession of any Equipment of 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 only.
21. Charges for loss, damage, repairs, or other expenses are to be paid within one (1) day 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 one (1) day of the relevant invoice being issued.
22. In addition to any other obligations imposed by these Hire Terms, You will:
(a) use Equipment in a proper, safe and skillful manner , and 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 (including, without limitation, any laws in relation to occupational health and safety).
Loss or damage to Equipment
23. You must to pay Us for any loss or damage to Equipment in accordance with these Hire Terms.
24. You will immediately notify Salters Hire if Equipment is lost, damaged, stolen involved in any accidents or breaks down.
25. In the event that Equipment breaks down or becomes unsafe to use You must:
(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.
26. 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 fourteen (7) days after return and then destroyed.
27. Any item left in the possession or control of Salters Hire must be collected by You within fourteen (7) days of You being notified of such. Any item left in the possession of Salters Hire becomes the Property of Salters Higher after the expiration of the fourteen (7) days in the event You do not collect such item(s).
Title and Risk
28. You expressly agree as a condition of the hiring of Equipment by You from Us that We remain the owner of the Equipment at all times. You do not acquire any interest in the Equipment at any time.
29. You agree to not, and must not, grant (or agree to grant) any security for the payment of money or performance of obligations, any legal or equitable interest, or any other adverse right, title or interest of any nature, over the Equipment.
30. You must not sublet, charge, mortgage pledge, lend or otherwise part with possession of the Equipment or any part of the Equipment.
31. 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.
32. These Hire Terms create a security interest in favor of Us in the Equipment pursuant to the Personal Property and Securities Act 2009 (Cth).
33. You acknowledge that Our rights and interest in proceeds derived from the Equipment constitute a security interest in such proceeds.
34. 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 Hire Terms as a perfected security interest with a first priority.
35. You must determine the condition and suitability of the Equipment for the purpose required. We make no representations or warranties as to the condition, suitability or fitness of the Equipment for the intended use of Equipment by You.
36. On receipt of Equipment, You must immediately inspect the Equipment and satisfy Yourself to its suitability and fitness for purpose to which you require the Equipment. By using, controlling or otherwise holding the Equipment, you acknowledge and agree that you have duly examined the Equipment and satisfied yourself, as required, as to the suitability and fitness of the Equipment for the intended use of Equipment by You.
You agree to use the Equipment in accordance with all directions and instructions (written, verbal and/or of other demonstrations on the correct use), and users manuals or other guidance material, including (without limitation) in relation to the erection and dismantling of Equipment. To the maximum extent permitted by law, we assume no liability for Your failure to follow instructions and directions in relation to the use of the Equipment.
37. Salters Hire reserves the right to substitute any portion of the 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 or 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 the Equipment on the day specified for pick up, Your order will cancelled and You will be liable for the hire and any reasonable cancellation fee(s) and other charges associated with the cancellation.
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 any cancellation, or any fees or other charges incurred associated with the cancellation.
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, or to procure the consent of the landowner to enter the land to do so. You must indemnify us for any loss, claims, damages, or expenses arising out of any action taken by Us under this condition.
Liability and indemnity
43. Subject to any rights which cannot be excluded by law, 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 Equipment or other services or goods in connection with these Hire Terms, are expressly excluded.
44. Except by legislation where liability may not be limited, Our liability for breach of these Hire Terms which cannot be excluded is limited to the replacement or repair, or supply of equivalent, Equipment (in our sole an absolute discretion).
45. You indemnify and keep indemnified Us and our employees, agents, and contractors from and against any liability, loss, damage, cost, or expense or incurred by Us a result of any of the following:
(a) any breach of these Hire Terms by You;
(b) the use of good by the You or any third party;
(c) any person signing for or receiving goods from Salters Hire not being an employee, agent, or other authorised representative of the Hirer:
(d) any loss or damage to property or death or injury to any person of whatsoever nature or kind and however 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 Hire Terms (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, for the full new replacement cost of Equipment. Failure to hold the sufficient insurance policy to cover full replacement value plus consequential damage, is a breach of our hire terms. We will demand payment of the damaged equipment immediately unless otherwise agreed in writing. Your insurance claim has no consequence to Us nor do we agree to participate in any claim process nor wait for you to be paid before our equipment is replaced.
48. We are not liable for failure to comply with these Hire Terms if the failure (directly or indirectly) arises out of any circumstances which are not within our reasonable control, including but not limited to strike: lock-outs; accidents; war; fire; flood; explosion; an outbreak of an infectious disease; shortage of power or breakdowns of plant or machinery; acts of God; and any order or direction of any local, State or Federal Government, Government authority or instrumentally (within the Commonwealth of Australia or elsewhere).
49. Even if Salters Hire does not insist on strict performance of these Hire Terms, Salters Hire is not taken to have waived any right to later required strict performance of these Hire Terms. Even if Salters Hire provides an express wavier, this is not to be taken as a waiver of a subsequent breach of a term or condition of these Hire Terms.
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 the persons is joint and several;
(b) a right of those persons is held by each of them severally; and
(c) any 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 Hire Terms 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 Hire Terms are governed by the law in force in the State of Tasmania.