TERMS AND CONDITIONS - HIRE
The terms and conditions set out below form part of the Quote. The Quote constitutes an offer by Cablesmiths Pty Ltd (ACN 619 560 833) (referred to in these terms and conditions as “we”, “our” and “us”) to hire the Goods to the entity specified as the customer in the Quote (referred to in these terms and conditions as “you” and “your”) on the terms set out in the Quote.
Accepting the Quote either verbally and/or in writing (including, for the avoidance of doubt, by email), by paying to us the amount specified in the Quote and/or by picking up and/or accepting delivery of the Goods constitutes acceptance of this Agreement.
Please read the Quote carefully. Do not hire any goods from us if you do not agree to the terms and conditions of the Quote in full.
In this Agreement, unless the context otherwise requires:
- Agreement means the agreement formed upon acceptance by you of the Quote and which, for the avoidance of doubt, includes the terms specified in the Quote together with these terms and conditions. In the event of any inconsistency between the two, the terms specified in the Quote shall prevail.
- Commencement Date means the date upon which the Rental Period commences as specified in the Quote subject to any variation to the Commencement Date in accordance with this Agreement.
- Goods means the goods specified in the Quote.
- GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Quote means the quote form to which these terms and conditions are attached and/or printed on the reverse of (as applicable) and, for the avoidance of doubt, includes these terms and conditions.
- Rental Charges means the amount payable to us specified in the Quote.
- Rental Period means the period of time which begins on the Commencement Date and ends on the date specified in the Quote as the end date (subject to any agreed extension of the Rental Period in accordance with this Agreement).
In this Agreement, unless the context otherwise requires:
- a reference to writing includes email and other communication established through the our website;
- the singular includes the plural and vice versa;
- a reference to a clause or paragraph is a reference to a clause or paragraph of this terms and conditions;
- a reference to a party to this Agreement includes that party's executors, administrators, successors and permitted assigns;
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
- headings are for ease of reference only and do not affect the meaning or interpretation of these terms and conditions.
These terms and conditions together with the terms set out in the Quote form constitute the entire agreement between you and us and, unless expressly agreed to in writing by us, no terms or conditions of yours, including any terms or conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect. For the avoidance of doubt, none of our agents or employees or any third parties have any authority to change these terms and conditions.
Rental of Goods
- We agree to hire the Goods to you for the Rental Period and you agree to take the Goods on hire for the Rental Period and to pay the Rental Charges specified in the Quote for the Goods, together with any applicable GST. You are entitled to use the Goods for the Rental Period.
- Any extension of the Rental Period must be agreed to by us in writing. For the avoidance of doubt, we are under no obligation to agree to an extension of the Rental Period.
Delivery and Return of Goods
- We will arrange for the Goods to be delivered to the delivery address specified in the Quote on the Commencement Date. Delivery will either be effected by one of our staff or by a “signature required” courier/mail service, at our discretion. If the Goods are delivered by a courier/mail service, you must ensure that you are personally available to sign for acceptance of the Goods. If one of our staff deliver the Goods then either you or someone properly authorised by you must be available to sign for acceptance of the Goods.
- We will endeavor to liaise with you leading up to delivery to keep you advised in relation to possible time of delivery on the Commencement Date.
- We will use our best endeavours to comply with any scheduled delivery times and dates however all times and dates, including the Commencement Date, are approximate only and are subject to delays/extensions caused by circumstances beyond our control. For the avoidance of doubt, if the Goods are delivered late, the date upon which they are delivered shall be deemed the “Commencement Date” for the purposes of this Agreement.
- You agree to return the Goods to the return address specified in the Quote in accordance with the return procedure specified in the Quote or, if the Quote specifies that we are to collect the Goods, make the Goods available for collection at an agreed time and place, on or before the end of the Rental Period.
- You must return the Goods to us before the end of the Rental Period unless an extension of the Rental Period has been agreed with us in writing. If you fail to return the Goods to us in accordance with this Agreement before the end of the Rental Period then you are liable to pay late charges as specified in the Quote or, if nothing is specified in the Quote, then the late charges will be the same daily rate as payable in accordance with this Agreement increased by twenty percent (20%).
- The Rental Period cannot start or end on a Saturday, Sunday or public holiday.
- You will be liable to pay all delivery charges as specified in the Quote and any additional delivery charges that are incurred if you fail to properly accept Goods that we attempt to deliver to you in accordance with this Agreement and/or any additional delivery charges that are incurred as a result of you attempting to return Goods to us other than in accordance with this Agreement.
- You agree to pay to us the Rental Charges specified in the Quote, together with any applicable GST. You agree to pay the Rental Charges in the manner specified in the Quote on or before the due date for payment specified in the Quote.
- You authorise us to complete any documents necessary or desirable to enable payment through any credit card system.
- If the Quote specifies that you are required to provide us with a security bond in relation to the hire of the Goods, then you must pay the security bond amount specified in the Quote to us prior to the Commencement Date as security for the performance of your obligations to us. We are authorised to use this security bond in the event that we incur any costs or expenses as a result of you breaching any of your obligations under this Agreement. If you do not pay the security bond to us prior to the Commencement Date, we reserve the right to withhold delivery of the Goods to you until the security bond is paid to us.
- We will return the security bond to you as soon as reasonably possible after the Goods are returned to us in accordance with this Agreement and you have otherwise satisfied all of your obligations to us in accordance with this Agreement.
We must supply the Goods to you in good working order and condition.
- comply with all aspects of our hiring processes including, in relation to our short term, online hire facility, complying with the Australia Post Digital ID process and/or providing a certified copy of an acceptable proof of identity document (at our discretion) and as required by our online hiring process;
- keep the Goods in the condition in which they were provided to you and only use the Goods for their intended use, as they would be used by a careful and prudent owner and in strict accordance with all manufacturer’s instructions and additional instructions that we provide;
- not use the Goods for any illegal purpose;
- ensure that all licences and permits needed in relation the use and operation of the Goods are in place before the Goods are used;
- alter the Goods or make any addition or alteration to, or repair of, the Goods;
- keep the Goods at the delivery address specified in the Quote and must not relocate the Goods anywhere else without our prior written consent to do so;
- not agree, attempt or offer to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with possession or otherwise deal with the Goods or any part of the Goods, nor create any lien in relation to the Goods or any part of the Goods;
- report any damage to, or loss of, the Goods to us immediately; and
- indemnify us for any loss (including legal costs) that we incur in relation to any breach of this Agreement and for any liability arising out of any such breach.
Loss, Damage & Breakdown
You are liable for all loss of and/or damage to the Goods with the exception only of fair wear and tear.
- In the event that the Goods are damaged or break down, you must not attempt to repair the Goods or have a third party repair the Goods.
- In the event that the Goods are lost, damaged or breakdown you must notify us immediately.
You warrant that:
- all the information you have supplied to us for the purpose of preparing the Quote is correct in every respect and is not misleading in anyway including, without limitation, by omission;
- you will not breach any copyright or other restriction in relation to or in connection with, the Goods;
- in selecting the Goods, you have not relied on our skill and judgment or on any representations made by us or our behalf and you acknowledge that you are satisfied that the Goods are sufficient for your intended purpose.
If the Quote specifies that you are required to take out any particular insurance in relation to the hire of the Goods, then you must do so prior to the Commencement Date and provide us with a copy of the certificate of currency and any other information that we reasonably require in relation to the insurance. If you do not comply with this clause, we reserve the right to withhold delivery of the Goods until you have done so.
We may retake possession of the Goods if you breach any provision of this Agreement. You authorise us to enter upon your premises and/or any premises upon which the Goods are located from time to time to the extent necessary in order to repossess the Goods and you hereby agree to release us from and/or indemnify us against any and all loss, damage, cost and expense caused by and/or incurred as a result of the repossession of the Goods.
- You may cancel this Agreement if you provide us with notice at least 7 days prior to the Commencement Date.
- If you wish to cancel this Agreement and you provide us with less than 7 days but more than 3 days’ notice, you are liable to pay us a cancellation fee of 50% of the Rental Charges payable in accordance with this Agreement.
- If you wish to cancel this Agreement and provide us with less than 3 days’ notice, you remain liable to pay us the Rental Charges payable in accordance with this Agreement in full.
Exclusion of liability
- Nothing in this Agreement limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ("ACL") which by law may not be limited or excluded.
- Subject to clause 13(a) above and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly set out in this Agreement are excluded;
- we will not be liable for any loss or damage including, without limitation, any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, injury (including, without limitation, death) to any person and/or loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with our products, our services or this Agreement (including as a result of not being able to use the products or services or the late supply of products or services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
- our total liability arising out of or in connection with our products, our services or this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for our products and/or our services under this Agreement.
- Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, to supplying the services again or, at our option, refunding the Rental Charges to you.
- To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
- All information, specifications, photographs and samples we supply in relation to the Goods are approximations only and, subject to any guarantees under the ACL, small deviations or slight variations which do not substantially affect your use of the Goods will not entitle you to reject the Goods, or to make any claim in respect of them. Additionally, please be aware that images on our website will vary due to the device you use to access our website and the screen settings of any such device.
Title to Goods
You acknowledge that we retain title to the Goods at all times and that you have the right to possess the Goods as a mere bailee only. You do not have any right to pledge our credit in connection with the Goods and you agree not to do so. You must not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let, on-hire or otherwise part with or attempt to part with the personal possession of the Goods or otherwise deal with the Goods.
Late Payment and Recovery Costs
- If you default on the payment of any monies due under this Agreement then all monies due to us shall immediately become due and payable and shall be paid by you within seven (7) days of demand. We are entitled to charge interest at the rate of 15% per annum (with such interest being calculated and accruing on a daily basis) on all overdue accounts from the due date until the date of actual payment.
- If payments are overdue, we have the right to engage debt collection services for the collection of unpaid debts and the right to commence legal proceedings for any outstanding amounts owing to us. You acknowledge and agree that you are liable for and will pay all costs including debt collection fees and legal fees and that we may place a default against you with a credit reporting agency. You must indemnify us for the full amount of our legal and debt recovery costs.
- If circumstances beyond our control prevent or hinder the performance of our obligations under this Agreement, we are free from any obligation to perform our obligations while those circumstances continue. We may elect to terminate this Agreement without liability or keep this Agreement on foot until such circumstances have ceased.
- Circumstances beyond our control include, but are not limited to, unavailability of Goods for reasons beyond our control, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
- We reserve the right to refuse to hire the Goods to you and/or to terminate this Agreement at our sole discretion and without incurring any liability to you.
- We reserve the right to sub-contract the supply and/or delivery of some or all of the Goods under this Agreement.
- By accepting this Agreement you warrant that you have the legal capacity to do so.
- You must not assign any rights and obligations under this Agreement whether in whole or in part without our prior written consent.
- Any notice in connection with this Agreement will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other email address, facsimile number or postal address as may from time to time be notified in writing to the other party.
- If any provision of this Agreement is invalid, illegal or unenforceable, this Agreement will take effect, where possible, as if they did not include that provision.
- Any failure by a party to insist upon strict performance by the other of any provision in this Agreement will not be taken to be a waiver of any existing or future rights in relation to the provision.
- This Agreement is governed by the laws of Western Australia. The parties each agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia.