Terms of Hire

Terms and Conditions of Hire Agreement From Quipco Pty Ltd 

1. Definitions

   In these terms of hire, words referring the singular include the plural and vice versa.
   References to a person include corporation, partnership, association and any statutory, public or local authority.

   1. ‘Company’ means Quipco Pty Ltd ACN 627 194 727, or any other entity
      trading under license as ‘Toowoomba Portable Toilets’ or ‘TPT Hire’.
   2. ‘Customer’ means the person, firm, organization or corporation hiring
      equipment from the Company.
   3. ‘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 document which (assuming capable of remedy) is not remedied by the Customer within 5 business days of receiving a notice from the Company 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.
   4. ‘Force Majeure’ ‘Force Majeure’ means any event or circumstances beyond the Company’s reasonable control, including (without limitation) fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, transport embargos or failure or delay in transportation, or any act of war or terrorism.
   5. ‘Hire End Date’ means the date on which the Hire Period ends, as listed in the Order Form.
   6. ‘Hire Goods’ means the Hire Goods to be provided by the Company to the Customer on a hire basis, as described in an Order.
   7. ‘Hire Period’ means the period commencing on the Hire Start Date and ending on the Hire End Date, during which the Company will make the Hire Goods available to the Customer.
   8. ‘Hire Start Date’ means the date on which the Hire Period commences, as listed in the Order Form.
   9. ‘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.
   10. ‘Order Form’ means the document setting out an Order, the form of which is determined by the Company from time to time.
   11. ‘Order’ means an order for the supply of Hire Goods and Services (if applicable) that is placed by the Customer with the Company.
   12. ‘Hire Charges’ means the charges for Hire Goods listed in the Order Form, calculated in accordance with the Company’s standard price list for the hire of equipment, as revised from time to time.
   13. ‘Services’ means the services to be provided by the Company to the Customer that are described in an Order, if any.
   14. ‘Service Fee’ means the fees for any Services to be supplied by the Company to the Customer, as listed in the Order.
   15. ‘Fees and Charges’ means the Service Fee, if any, together with the Hire Charges.
2. Agreement
   1. Quipco Pty Ltd agrees to hire the Hire Goods to the Customer for the duration of the Hire Period, on the terms and conditions set out in this document.
   2. The Customer will nominate the Hire Period, Hire Goods and Services (if any) which it requires in the Order Form and the Company will provide the applicable Hire Charges and Service Fee (if any) payable.
   3. By submitting an Order to the Company, the Customer is making an offer to the Company to hire the Hire Goods, and receive the Services (if any) on the terms and conditions set out in this document, and acknowledges and agrees that if its Order is accepted by the Company, this document will apply in its dealings with the Company, to the exclusion of all other terms and conditions other than that required by law.
   4. The Company hires the Hire Goods, and supplies the Services, to the Customer at its discretion. The Company 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 Company will notify the Customer if it will not accept an Order, and the reasons for the refusal.
   5. Once an Order is accepted by the Company, 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 document.
   6. Any variations to the Hire Period, including but not limited to any extension to the Hire End Date, must be agreed by the Company in writing to be effective.
   7. The Customer must pay any applicable Hire Charges and/or Service Fees invoiced by the Company in full, on or before the Hire Start Date, unless a credit application has been lodged by the Customer and approved by the Company.
   8. All Fees and Charges payable to the Company must be paid by the Customer in the manner reasonably requested by the Company, in full and without any setoff, withholding or deduction, by the applicable due date.
   9. The Customer is solely responsible for undertaking all necessary steps to confirm the suitability of the Hire Goods for the use proposed by the Company. By completing and submitting the Order Form, the Customer warrants and represents to the Company 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 Company or any person purporting to act on its behalf, and that except as confirmed in writing, the Company and its representatives have made no representations or warranties as to the suitability, condition or fitness of the Hire Goods.
   10. The Customer must provide the Company with any information that the Company may reasonably request in respect of the intended application/use of the Hire Goods, or provision of Services.
   11. 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 Company.
   12. 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 Company to the Customer (which may for the avoidance of doubt include manufacturer instructions).
   13. 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.
   14. To the fullest extent permitted by law, the Customer will at all times indemnify and keep indemnified the Company 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 document.
   15. Each party will pay its own costs in connection with the negotiation, preparation and execution of the Order Form and this document.
   16. This document is governed by the law in force in the state of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of that State and the Registry of the Federal Court of Australia in that State in respect of all proceedings arising in connection with this document.
3. Delivery & Collection of Hire Goods
   1. The Company 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 Company). The costs of delivery will be paid by the Customer.
   2. The Customer must ensure that the Company has sufficient access to the Location to enable it to deliver and collect the Hire Goods.
   3. The Company 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 Company).
   4. If the Company 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 Company is able to collect the Hire Goods. Such additional Hire Charges must be paid by the Customer as invoiced by the Company.
   5. Where applicable, the Company 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.
   6. The Customer will reimburse the Company for any loss, costs or expenses incurred by the Company as a result of the Customer’s actions or inactions that result in any delay or suspension in the delivery or collection of the Hire Goods to or from the Location.
   7. Delivery dates and times are estimates only. The Company will not be responsible for any failure or delays in delivery due to a Force Majeure event. The Company 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 Company to deliver the Hire Goods by any estimated or confirmed delivery date, unless such failure is a result of the Company’s negligence.
   8. To the extent permitted by law, the Company will not be responsible for any loss sustained by, or damage to, any property or person occasioned as a result of the Company’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 Company’s negligence.
4. Title
   1. Title in the Hire Goods the subject of any Contract will at all times remain with the Company (despite delivery to the Customer) and will not pass to the Customer in any circumstances.
   2. The Customer holds any Hire Goods delivered as bailee. The Customer must not, without the prior written consent of the Company, offer for sale, sell, transfer, assign, sublet, encumber, mortgage, charge, pledge or otherwise deal with the Hire Goods in any way.
5. Risk
   1. Risk in, and responsibility for, the Hire Goods passes to the Customer when the Hire Goods are delivered to the Location.
   2. The Customer must:
      
      1. use and operate the Hire Goods safely, in accordance with applicable laws, only for its intended use and in accordance with manufacturer and Company instructions as supplied;
      2. ensure that persons operating and/or maintaining the Hire Goods are suitably instructed, trained, skilled and qualified in its lawful, safe and proper use;
      3. not remove or relocate the Hire Goods from the Location, without the prior written consent of the Company;
      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 in connection with illegal, prohibited or dangerous activities;
      6. at its cost, and unless the Company is required to provide Services to this effect, clean and maintain the Hire Goods in good condition, in accordance with Company instructions and requirements;
      7. not in any way alter, modify, tamper, damage or repair the Hire Goods, without the prior written consent of the Company;
      8. store the Hire Goods safely and securely, in a manner that protects them from theft, vandalism, seizure and damage (including environmental), as far as possible in the circumstances;
      9. not expose the Hire Goods to any hazardous substances;
      10. must 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;
      11. ensure that the Company has sufficient access to the Location and the Hire Goods to enable it 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 Company from the Location in the same good and clean condition in which they were when delivered to the Customer on the Hire Start Date, fair wear and tear excepted.
   3. Risk in, and responsibility for, the Hire Goods reverts back to the Company when the Company collects the Hire Goods from the Location.
6. Inspection
   1. The Customer must inspect all Hire Goods at the time of delivery by the Company to the Location or as soon as practicable thereafter.
   2. The Customer must give written notice to the Company of any missing items, defects or other issues with the Hire Goods within 24 hours of delivery to the Delivery Location.
   3. 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).
   4. At the time of collection, or within 48 hours of collection of the Hire Goods from the Location, the Company 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).
   5. if the Hire Goods are stolen, lost or damaged during the Hire Period, or become unsafe to use as a result of the Customer’s act or omission, the Customer must indemnify the Company for the cost of repairing or replacing the Hire Goods (as determined by the Company), and any loss or damage (including but not limited to lost revenue) occasioned to the Company as a result of the loss, theft or damage to the Hire Goods made available to the Customer.
7. Breakdowns
   1. 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 others do not use) the Hire Goods, and notify the Company of the issue.
   2. The Customer must take all steps necessary to prevent injury occurring to persons or property as a result of the faulty 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 Company’s prior written consent.
   3. In the event the Customer notifies the Company of a breakdown or fault in the Hire Goods that is not a result of an act or omission of the Customer (including misuse, recklessness or negligence), the Company:
      
      1. will repair the Hire Goods, or provide a substitute, as soon as reasonably possible 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 liability for any losses, costs or damage sustained by the Customer, whether directly or indirectly, as a result of the breakdown of the Hire Goods, however caused.
8. Provision of Services
   1. Unless otherwise advised, the Company will provide all material and equipment reasonably necessary for the Services to be provided.
   2. The Company can 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 Company by the due date, then without prejudice to any other right or remedy available to the Company, the Company can in its discretion:
   

   1. withhold any Hire Goods or suspend the provision of Services until such default is corrected;
   2. cancel any Order or suspend any further supply of Hire Goods or Services to the Customer; and/or
   3. 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 Company can immediately:
    1. 1. suspend or cancel delivery of Hire Goods;
       2. suspend or cancel provision of Services;
       3. refuse to accept any further Order Forms submitted by the Customer;
       4. enter the Location or other Customer premises and immediately recover possession of any Hire Goods delivered to the Customer;
       5. require the immediate return of Hire Goods; and/or
       6. make the Hire Charges immediately due and payable;

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

11. Force Majeure

    1. Notwithstanding anything else contained in this document, the Company will not be liable for any delay in or failure to comply with this document if such delay or failure is caused by a Force Majeure.
    2. If a delay or failure by the Company to perform its obligations due to a Force Majeure exceeds 14 calendar days, the Company may immediately terminate this document by providing notice in writing to the Customer. Any Fees and Charges paid by the Customer will be refunded if the Company terminates under this clause.
12. Waiver
    
    No waiver by the Company of any breach or default by any other party is effective unless reduced to writing and signed by the Company, and any such waiver does not constitute a waiver of any other continuing breach or default under this document.
13. Notices
    1. Any notice given under this document 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.
    2. 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.