Terms & Conditions

 1. Definitions and interpretation 

In this agreement: 

a) ‘Customer’ means the person, firm, organization or corporation hiring equipment from the Supplier and includes, as the context requires, its officers, employees, agents, contractors and invitees to or about the Location, property or site where Hire Goods are located.

b) ‘Event of Default’ means:

1. a failure by the Customer to pay any part of the Hire Charges by the stipulated deadline for payment;
2. any breach by the Customer of any term of this agreement which (assuming capable of remedy) is not remedied by the Customer within 5 business days of receiving a notice from the Supplier advising of the breach and requesting its remedy;
3. any step being taken for the winding up or dissolution of the Customer, including the appointment of an administrator;
4. anything analogous or having substantially similar effect to any of the events specified in paragraphs (i), (ii) or (iii) above happens under the law of any applicable jurisdiction.

c) ‘Fees and Charges’means the Service Fee, if any, together with the Hire Charges.

d) ‘Force Majeure’ means any event or circumstances beyond the Supplier’s reasonable control, including (without limitation) fire, flood, act of God, pandemic, strikes, lock outs, stoppage of work, trade disputes, transport embargos or failure or delay in transportation, or any act of war or terrorism.

e) ‘Hire Charges’ means the charges for Hire Goods listed in the Order Form, calculated in accordance with the Supplier’s standard price list for the hire of equipment, as revised from time to time.

f) ‘Hire End Date’ means the date on which the Hire Period ends, as listed in the Order Form.

g) ‘Hire Goods’ means the Hire Goods to be provided by the Supplier to the Customer on a hire basis, as described in an Order.

h) ‘Hire Period’ means the period commencing on the Hire Start Date and ending on the Hire End Date, during which the Supplier will make the Hire Goods available to the Customer.

i) ‘Hire Start Date’ means the date on which the Hire Period commences, as listed in the Order Form.

j) ‘Location’ means the address for delivery of Hire Goods or provision of Services specified by the Customer in an Order Form, and if no such address is specified, means the address for the Customer listed in the Order Form.

k) ‘Order Form’ means this agreement or a document setting out an Order, the form of which is determined by the Supplier from time to time.

l) ‘Order’ means an order for the supply of Hire Goods and Services (if applicable) that is placed by the Customer with the Supplier.

m) ‘Services’ means the services to be provided by the Supplier to the Customer that are described in an Order, if any.

n) ‘Service Fee’ means the fees for any Services to be supplied by the Supplier to the Customer, as listed in the Order.

o) ‘Supplier’ means Quipco Pty Ltd ABN 35 627 194 727 trading as Quipco, Toowoomba Portable Toilets or TPT Hire and includes, as the context requires, its officers, employees, agents and contractors.

and unless the context indicates a contrary intention: 

p) words importing the singular include the plural and vice versa;

q) “person” includes an individual, the estate of an individual, a corporation, a partnership, a trust, an association or a joint venture (whether incorporated or unincorporated) and an authority, including any statutory, public or local authority;

r) if more than one person is identified as the Customer, that expression refers to them, and the obligations of the Customer under this Plant and Equipment Hire Agreement bind them, jointly and severally;

s) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes a substituted or an additional trustee;

t) a reference to a document (including this Plant and Equipment Hire Agreement) is to that document as varied, novated, ratified or replaced from time to time;

u) a reference to a party, clause, schedule, exhibit, attachment or annexure is a reference to a party, clause, schedule, exhibit, attachment or annexure to or of this Plant and Equipment Hire Agreement, and a reference to this Plant and Equipment Hire Agreement includes all schedules, exhibits, attachments and annexures to it; and

v) “includes” in any form is not a word of limitation.

2. Agreement 

a) The Supplier agrees to hire the Hire Goods to the Customer for the duration of the Hire Period, on the terms and conditions of this agreement.

b) The Customer will nominate the Hire Period, Hire Goods and Services (if any) which it requires in the Order Form and the Supplier will provide the applicable Hire Charges and Service Fee (if any) payable.

c) By submitting an Order to the Supplier, the Customer is making an offer to the Supplier to hire the Hire Goods, and receive the Services (if any) on the terms and conditions of this agreement, and acknowledges and agrees that, if its Order is accepted by the Supplier, this agreement will apply in its dealings with the Supplier, to the exclusion of all other terms and conditions other than that required by law.

d) The Supplier hires the Hire Goods, and supplies the Services, to the Customer at its discretion. The Supplier can, on reasonable grounds (including but not limited to failure to provide adequate identification, or perceived risks to safety of any person or property, including the Hire Goods) refuse to accept an Order submitted by the Customer. The Supplier will notify the Customer if it will not accept an Order.

e) Once an Order is accepted by the Supplier, the Customer will be entitled to use the Hire Goods for the duration of the Hire Period, subject to the terms and conditions of this agreement.

f) Any variations to the Hire Period, including but not limited to any extension to the Hire End Date, must be agreed by the Supplier in writing to be effective.

g) The Customer must pay any applicable Hire Charges and/or Service Fees invoiced by the Supplier in full, on or before the Hire Start Date, unless a credit application has been lodged by the Customer and approved by the Supplier.

h) All Fees and Charges payable to the Supplier must be paid by the Customer by the relevant due date and in the manner reasonably requested by the Supplier, in full and without any setoff, withholding or deduction.

i) The Customer is solely responsible for undertaking all necessary steps to confirm the suitability of the Hire Goods for the purpose and use proposed by the Customer. By completing and submitting the Order Form, the Customer warrants and represents to the Supplier that it has satisfied itself as to the suitability, condition and fitness for purpose of the Hire Goods, without relying on the skills or judgement of the Supplier or any person purporting to act on its behalf and that, except as confirmed in writing, the Supplier and its representatives have made no representations or warranties as to the suitability, condition or fitness for purpose of the Hire Goods.

j) The Customer must provide the Supplier with any information that the Supplier may reasonably request in respect of the intended application/use/location of the Hire Goods, or provision of Services.

k) The Customer must not re-hire or permit any other party to have possession of the Hire Goods at any time during the Hire Period, without the prior written approval of the Supplier.

l) The Customer must ensure that its use of the Hire Goods complies with all applicable laws, rules and regulations (including but not limited to local government requirements) and that it conforms to any instructions or guidelines for use supplied by the Supplier to the Customer (which may, for the avoidance of doubt, include manufacturer instructions).

m) The Customer is responsible, at its sole cost and expense, for obtaining and maintaining any necessary licences or permits, and all other clearances and consents required from government agencies or authorities for the acquisition and use of the Hire Goods or Services by the Customer.

n) To the fullest extent permitted by law, the Customer will at all times indemnify and keep indemnified the Supplier and its representatives (“those indemnified”) against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against those indemnified) that those indemnified may sustain or incur as a result, whether directly or indirectly, of the occurrence of an Event of Default, or any personal or property damage occasioned to any person as a result of the Customer’s breach of this agreement.

o) Each party will pay its own costs in connection with the negotiation, preparation and execution of this agreement, including the Order Form.

p) This agreement is governed by the law in force in the state of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Registry of the Federal Court of Australia in Queensland in respect of all proceedings arising in connection with this agreement, including the Order Form.

3. Delivery & Collection of Hire Goods

a) The Supplier will deliver the Hire Goods the subject of an Order to the Location on or before the Hire Start Date (where applicable, at a time nominated by the Customer and agreed by the Supplier). The costs of delivery will be paid by the Customer.

b) The Customer must ensure that the Supplier has sufficient access at all relevant times to the Location to enable it to deliver and collect the Hire Goods and otherwise implement this agreement.

c) The Supplier will use its reasonable endeavors to collect the Hire Goods from the Location on or after the Hire End Date (unless a specific time and/or date is nominated by the Customer and agreed by the Supplier).

d) If the Supplier is not given sufficient access to the Location to enable it to collect the Hire Goods on the Hire End Date, Hire Charges will continue to apply at the same rate until such time as the Supplier is able to collect the Hire Goods. Such additional Hire Charges are due and payable by the Customer as invoiced by the Supplier.

e) Where applicable, the Supplier will use its reasonable endeavors to keep the Customer promptly informed of any circumstances which may result in a delay in making delivery or collection of the Hire Goods at the nominated time and on the nominated date.

f) The Customer will reimburse the Supplier for any loss, costs or expenses incurred by the Supplier as a result of the Customer’s actions, inactions or omission that result in any delay or suspension in the delivery or collection of the Hire Goods to or from the Location.

g) Delivery dates and times are estimates only. The Supplier will not be responsible for any failure or delays in delivery due to a Force Majeure event. The Supplier will not be liable to the Customer for any direct, indirect, special or consequential losses, damages, liabilities, costs or expenses incurred by the Customer as a result of any failure by the Supplier to deliver the Hire Goods by any estimated or confirmed delivery date, unless such failure is a result of the Supplier’s negligence.

h) To the extent permitted by law, the Supplier will not be responsible for any loss sustained by, or damage to, any property or person occasioned as a result of the Supplier’s delivery or collection of the Hire Goods to or from the Location, unless a court of competent jurisdiction establishes that such loss or damage is a result of the Supplier’s negligence.

4. Title 

a) Title in the Hire Goods the subject of this agreement or any other document will at all times remain with the Supplier (despite delivery to the Customer) and title will not pass to the Customer in any circumstance.

b) The Customer holds any Hire Goods delivered as bailee. The Customer must not, without the prior written consent of the Supplier, offer for sale, sell, transfer, assign, sublet, encumber, mortgage, charge, pledge or otherwise deal with the Hire Goods in any way.

5. Risk 

a) Risk in and responsibility for the Hire Goods passes to the Customer when the Hire Goods are delivered to the external boundary of the Location.

b) The Customer must:

1. use and operate the Hire Goods safely, in accordance with applicable laws, only for the intended use and in accordance with manufacturer and Supplier instructions as supplied, advised or referenced;
2. ensure that persons operating and/or maintaining the Hire Goods are suitably instructed, trained, skilled and qualified in their lawful, safe and proper use;
3. not remove or relocate the Hire Goods from the Location, without the prior written consent of the Supplier;
4. display all safety signs and instructions as required by law, and take reasonable steps to ensure that these are observed by operators of the Hire Goods as appropriate;
5. ensure that the Hire Goods are not used for or in connection with illegal, prohibited or dangerous activities;
6. at its cost, and unless the Supplier is required to provide Services to this effect, clean and maintain the Hire Goods in good condition, in accordance with Supplier instructions and requirements;
7. not in any way alter, modify, tamper, damage or repair the Hire Goods, without the prior written consent of the Supplier;
8. hold and store the Hire Goods safely and securely, in a manner that protects them from theft, vandalism, seizure and damage (including environmental);
9. not expose the Hire Goods to any hazardous substances;
10. not alter, deface or remove any notices, safety information, identifying numbers or similar on the Hire Goods, and must take appropriate steps to ensure that others do not do so;
11. ensure that the Supplier and its project manager and any other representative and person acting for or on behalf of the Supplier has safe and sufficient access to the Location and the Hire Goods to enable the Supplier or such person to perform any Services requested by the Customer; and
12. ensure that on the Hire End Date, the Hire Goods are available for collection by the Supplier from the Location and are in the same good and clean condition in which they were supplied and in a condition consistent with compliance by the Customer with the terms of this agreement.

c) Risk in, and responsibility for, the Hire Goods reverts to the Supplier when the Supplier removes the Hire Goods from the Location.

6. Inspection 

a) The Customer must inspect all Hire Goods at the time of delivery by the Supplier to the Location or as soon as practicable thereafter.

b) The Customer must give written notice to the Supplier of any missing items, defects or other issues with the Hire Goods within 24 hours of delivery to the Location.

c) If no notice is given, the Hire Goods as described in the Order Form will be deemed to have been received by the Customer, in good working order and condition and free of defects and damage (fair wear and tear excepted).

d) At the time of collection, or within 48 hours of collection of the Hire Goods from the Location, the Supplier will inspect the Hire Goods and notify the Customer of any defect or damage to the Hire Goods occasioned during the Hire Period (fair wear and tear excepted).

e) if the Hire Goods are stolen, lost, damaged or defaced during the Hire Period or while the Hire Goods are in the possession or control of the Customer, or become unsafe to use as a result of the act or omission of the Customer or of any other person, the Customer must indemnify the Supplier for the cost of repairing or replacing the Hire Goods (as determined by the Supplier), and any loss or damage (including but not limited to lost revenue) occasioned to the Supplier as a result of such loss or damage.

7. Breakdowns 

a) In the event that there is a breakdown or fault in the Hire Goods, or the Hire Goods become unsafe to use during the Hire Period, the Customer must immediately stop using (and ensure that other persons do not use) the Hire Goods, and notify the Supplier of the issue.

b) The Customer must take all steps necessary to prevent injury occurring to persons or property as a result of the breakdown or fault of the Hire Goods, must take all steps necessary to prevent further damage to the Hire Goods, and must not repair or attempt to repair Hire Goods without the Supplier’s prior written consent.

c) In the event the Customer notifies the Supplier of a breakdown or fault in the Hire Goods that is not a result of an act or omission of the Customer or of any other person (including misuse, recklessness or negligence), the Supplier:

1. will repair the Hire Goods or, subject to availability, provide a substitute, as soon as a reasonably practical following notification by the Customer;
2. will not charge, and refund as appropriate, Hire Charges for that part of the Hire Period during which the Hire Goods could not be used and will itself bear the costs of repair or replacement of the Hire Goods; and
3. excludes all liability for any losses, costs or damage sustained by the Customer, whether directly or indirectly, as a result of the breakdown or fault of the Hire Goods, however caused.

8. Provision of Services 

a) Unless otherwise advised, the Supplier will provide all material and equipment reasonably necessary for the Services to be provided.

b) The Supplier may, in its discretion, subcontract the performance of some or all of the Services requested by the Customer to a third party.

9. Late Payments 

If the Customer fails to make any payment of Fees and Charges to the Supplier by the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier may in its discretion:

a) withhold any Hire Goods or suspend the provision of Services until such default is corrected;

b) cancel any Order or suspend any further supply of Hire Goods or Services to the Customer; and/or

c) charge the Customer (both before and after any judgement) on the unpaid amount at the rate of 1% per month until payment is made in full.

10. Event of Default 

If an Event of Default occurs or is threatened to occur to the Customer, the Supplier can immediately:

a) suspend or cancel delivery of Hire Goods;

b) suspend or cancel provision of Services;

c) refuse to accept any further Order Forms submitted by the Customer;

d) enter the Location or other premises of the Customer and immediately recover possession of any Hire Goods;

e) require and be entitled to the immediate return of Hire Goods; and/or

f) make the Hire Charges immediately due and payable;

without liability and without affecting or limiting any other rights or remedies available to the Supplier under this agreement or otherwise at law.

11. Force Majeure 

a) Notwithstanding anything else contained in this agreement, the Supplier will not be liable for any delay in or failure to comply with this agreement if such delay or failure is caused by a Force Majeure.

b) If a delay or failure by the Supplier to perform its obligations due to a Force Majeure exceeds 14 days, the Supplier may immediately terminate this agreement by providing notice in writing to the Customer. Any Hire Charges and Service Fees paid by the Customer in respect of future supply or services will be refunded if the Supplier terminates under this clause.

12. Waiver 

No waiver by the Supplier of any breach or default by the Customer is effective unless reduced to writing and signed by the Supplier, and any such waiver does not constitute a waiver of any other continuing breach or default under this agreement.

13. Notices 

a) Any notice given under this agreement must be in writing and signed by or for the sender and delivered by post, hand or email to the last known address of the recipient.

b) A notice or other communication is deemed given if:

1. personally delivered, upon delivery;
2. mailed to an address in Australia, 4 business days after the date of priority posting (whether received or not); and
3. sent by email, at the time of transmission provided that the sender receives confirmation that the email has been successfully delivered to a server accessible by the recipient.