1 Definitions and Interpretation

1.1 In these Terms and Conditions:

(1) Agreement means the contract between WATTLE TOWN SKIP BINS and Hirer in relation to the hire of Equipment, which is governed by these Terms and Conditions.

(2) WTSB means WATTLE TOWN SKIP BINS Services Pty Ltd ABN 43 655 085 493.

(3) Business Hours are 7.00am to 3.00pm (Mon -Thurs) and 7.00am to 12.00pm on Fridays on week day other than public holidays.

(4) Delivery of the Equipment is deemed to have occurred when it is collected by Hirer or transported to a location at the request of Hirer and Delivered has a corresponding meaning.

(5) Equipment means the goods hired by Hirer from WTSB in accordance with this Agreement.

(6) GST Act means (Goods and Services Tax) Act 1999 (Cwlth)

(7) Hirer means the person, company or other legal entity hiring the Equipment from WTSB. Where the context permits, it includes Hirer’s employees and contractors.

(8) Initial Period means the fixed initial hire period agreed between WTSB and Hirer together with any agreed extension to this period.

(9) Rates means the rates notified by WTSB to Hirer from time to time.

(10) Rental Period is period noted on page one of this contract.

(11) Use means use, installation, removal, storage, maintenance or transport by or on behalf of Hirer.

1.2 Every provision of this Agreement is independent of the others. Any provision which is prohibited or unenforceable in any jurisdiction will be deemed removed to the extent of the prohibition or unenforceability without invalidating the remaining provisions. Unless stated to the contrary, the rights under this Agreement are in addition to any rights that may be conferred by general law.

1.3 This Agreement will be governed by the laws of New South Wales and WTSB and Hirer submits to the non-exclusive jurisdiction of the courts of that place.

1.4 These Terms and Conditions supersede all previously issued Terms and Conditions. WTSB is not bound by any Terms and Conditions contained in any document issued by the Hirer whether issued before or after this Agreement.

 

2 Rates and Rental Period

2.1 During the Rental Period Hirer must pay WTSB a hire fee calculated in accordance with the Rates.

2.2 The hire fee must be paid in the manner and in accordance with the payment terms specified on any invoice issued by WTSB or otherwise notified to Hirer from time to time. WTSB require full payment of the hire fee prior to Delivery. Hirer must notify WTSB within seven (7) days of any errors with the invoice.

2.3 Not receiving an invoice will in no way relieve Hirer of its responsibility for the payment of amounts due. Failure to pay amounts due within seven (7) days of a debt becoming due for payment or such term otherwise agreed to in writing by WTSB will be considered a breach of this Agreement. Hirer must pay WTSB on demand on a full indemnity basis, all costs incurred in recovering any amount owed to WTSB by Hirer.

2.4 Hirer is not permitted to claim a reduction in hire fees for Equipment returned before the end of the Initial Period, and except as provided for in clause 8.1, WTSB will not refund any hire fees prepaid by Hirer for any period outside of the Rental Period.

2.5 Hirer must not deduct any part of the hire fee as retention money.

2.6 The hire fees, and all other consideration payable under this Agreement, do not include GST (as defined in the GST Act). If a supply made under this Agreement, or as a result of any breach of a term of this Agreement, is subject to GST:

(1) the recipient of that supply must pay the supplier an amount equal to the GST payable by the supplier, at the same time as the consideration for that supply is given; and

(2) the supplier agrees to give the recipient a tax invoice (as defined in the GST Act) for that additional amount upon payment.

2.7 Hirer agrees to pay WTSB a service charge on all past due balances at the rate of 1.5% per month or part thereof from the due date for payment until the payment is made.

 

3 Delivery, Pick up, Installation and Removal

3.1 Hirer may pick up the Equipment or retain WTSB to deliver the Equipment.

3.2 If Hirer retains WTSB to deliver, pick up, install, or remove the Equipment, WTSB will do so as the agent of Hirer. All Rates assume collection and return of Equipment by Hirer from and to WTSB’s depot. Delivery, installation, dismantling and pickup charges are extra and will be quoted upon request.

3.3 If WTSB is delayed or prevented from delivering or removing the Equipment to or from any location for any reason beyond its reasonable control, it may acting reasonably, charge Hirer additional delivery charges. The additional delivery charges will be based on the duration of delay or the time spent by WTSB in unsuccessfully attempting to deliver or remove the Equipment, and will be calculated in 15 minutes periods.

3.4 If Hirer elects to return the Equipment rather than retaining WTSB to collect the Equipment, the Equipment must be returned during Business Hours to the WTSB location from which Hirer initially collected the Equipment, or such other location as nominated by WTSB.

3.5 Hirer is liable for all costs, expenses, damages or loss (including consequential loss) which may arise as a direct result of the delivery, pick up, installation or removal of the Equipment by WTSB as agent for Hirer, caused by Hirer.

 

4 Receipt of Equipment

4.1 On Delivery of the Equipment, Hirer must satisfy itself that:

(1) it has received the Equipment in good condition in the quantity ordered;

(2) it, and any employee or contractor using the Equipment, has been fully instructed in the use of the Equipment and understands its proper use and means of installation and removal; and

(3) the Equipment is suitable and fit for the purpose for which Hirer intends to use it, and must notify WTSB within 24 hours if it is not so satisfied. Failing such notification, Hirer will be deemed to have accepted the Equipment in the condition in which it was provided and as suitable and fit for the purpose for which Hirer intends to use the Equipment.

4.2 Hirer acknowledges that it is responsible for properly securing the Equipment for the purpose of transportation so as to ensure its safe transport to and from the location where the Equipment will be used by Hirer.

 

5 Use of the Equipment

5.1 Hirer must ensure that the Equipment is used strictly in accordance with WTSB’s instructions and any procedures recommended by WTSB from time to time.

5.2 Hirer must at all times keep the Equipment in good condition and must not, without WTSB’s prior written consent, alter or make additions to the Equipment, or deface, remove or conceal any WTSB logo, identifying mark or number, or indication of WTSB’s ownership of the Equipment.

5.3 Hirer must at all times ensure that the Equipment is used in a safe manner, and must not deliberately damage, abuse or mistreat Equipment or allow Equipment to be deliberately damaged, abused or mistreated.

5.4 If any damage, loss, theft or destruction of the Equipment occurs, whether Hirer was responsible or not, Hirer must immediately notify WTSB and provide full details of the damage, loss theft or destruction.

5.5 Hirer must ensure that Use of the Equipment is at all times strictly in accordance with:

(1) all applicable laws, and

(2) any relevant industry usage, custom and standards for goods similar to the Equipment.

5.6 Hirer must obtain and maintain, at its own expense, any insurance, permit or license that may be required under any law or by any statutory or other authority for the Use of the Equipment, including its installation or removal. Without limiting Hirer’s obligations under this clause, Hirer must obtain all permits required under any relevant planning, environment or health and safety legislation, and must ensure that its personnel are appropriately inducted, trained and supervised so as to ensure the safe and lawful Use of the Equipment.

 

6 Damaged and Missing Equipment

6.1 If Equipment is returned or collected in a condition which in the reasonable opinion of WTSB renders it unusable for hire, or if Equipment is stolen or missing, Hirer must pay WTSB on demand the cost of replacement or repair of the Equipment calculated in accordance with the relevant Damaged & Lost Materials price In no circumstances will title to the Equipment or any part of it pass to Hirer.

6.2 Other than for the cost of replacing or repairing the Equipment, which will be dealt with under clause 6.1, Hirer will be liable for all costs, expenses, damages and loss (including consequential loss), incurred by WTSB arising out of the Equipment not being returned or collected, including where the Equipment has been stolen or is missing.

 

7 Damage Waiver

7.1 When a damage waiver charge (at WTSB’s then current rate) is paid by the Hirer, WTSB will not make a claim against the Hirer for any accidental damage to the Equipment during the period covered by the charge. This damage waiver is conditional upon the Hirer paying a $1000 excess per claim event, and only applies when the Hirer has used the Equipment in accordance with this Agreement.

 

8 WTSB’s Rights

8.1 WTSB may terminate this Agreement and recover the Equipment at any time on 7 days written notice to Hirer. If WTSB exercises this termination right, WTSB will refund Hirer for any hire fees received by WTSB which relate to Equipment hired outside the Rental Period, less a deduction for reasonable expenses incurred by WTSB in connection with the recovery and/or transport of the Equipment.

8.2 WTSB may enter any premises where the Equipment or any part of it is, or believed to be located for the purpose of:

(1) inspecting or testing the Equipment,

(2) protecting WTSB’s rights or interest in the Equipment,

(3) ensuring compliance with any law, including any law relating to health and safety, or

(4) exercising its right to take possession or control of the Equipment.

8.3 If Hirer in any way fails to perform, breaches any provision of this Agreement, becomes insolvent or in WTSB’s reasonable opinion is likely to become insolvent, WTSB may at its discretion do all or any of the following:

(1) terminate this Agreement upon 7 days written notice;

(2) retake possession of the Equipment, holding Hirer fully liable for all hire fees; and

(3) require Hirer to pay liquidated damages equal to 2 weeks hire fees (which the parties agree to be a reasonable estimate of the costs incurred by WTSB in order to retake possession of the Equipment).

8.4 Nothing in this clause 8 limits any rights WTSB may have:

(1) in respect of the Equipment;

(2) against Hirer; or

(3) against any other person, at any time.

 

9 Warranties and guarantees

9.1 WTSB acknowledges that the Hirer may be a consumer for the purposes of applicable State or Federal law, with the consequence that:

(1) certain warranties or conditions may be implied into this Agreement; and

(2) certain guarantees may be conferred on Hirer and certain rights and remedies may be conferred on Hirer, which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, WTSB’s liability to Hirer is limited at WTSB’s option to:

(3) in the case of goods:

(a) replacement or repair of the goods; or

(b) payment of the cost of replacing or repairing the goods; and

(4) in the case of services:

(a) resupply of the services; or

(b) payment of the cost of resupplying the services.

9.2 Subject to clause 9.1 and to the maximum extent permitted by law:

(1) WTSB excludes all conditions, warranties, guarantees or representations (expressed or implied) in relation to this Agreement or its subject matter, including all warranties and guarantees as to the quality, suitability or fitness of the Equipment for any particular purpose;

(2) WTSB is not responsible to Hirer or to any other person for any loss (including consequential loss), damage, or injury, caused by, resulting from or in any way connected with, the use of the Equipment, howsoever caused, including due to WTSB’s negligence, breach of contract, breach of any law, in equity, or under any indemnity; and

(3) WTSB will not be responsible for failure or delay in delivery, pick up, installation or removal and will have no liability to Hirer or any other person for any loss (including any consequential loss) arising out of such failure or delay.

 

10 Liability and Indemnity

10.1 Hirer is liable for all costs, expenses, damages or loss (including consequential loss) whether caused by Hirer or any other third party, arising directly out of the Use of the Equipment.

10.2 To the maximum extent permitted by law, the maximum amount recoverable by Hirer from WTSB under or in connection with this Agreement is limited to the hire fees paid by Hirer to WTSB under this Agreement.

10.3 Hirer agrees to indemnify and keep indemnified WTSB and WTSB’s employees, agents and contractors from all damages, suits, actions, claims and demands which they may suffer or incur arising either directly or indirectly out of the use of the Equipment.

10.4 Hirer must not do or allow to be done any act matter or thing which may invalidate or prejudice any:

(1) insurance policy effected by WTSB,

(2) WTSB defence or prosecution of any claim, or

(3) right WTSB may have against any person, to the extent that the Hirer’s compliance with this clause 10.4 is not contrary to law.

 

11 Title and Security

11.1 Title to the Equipment remains with WTSB at all times. Hirer must not grant or allow to subsist any security interest or encumbrance over the Equipment or allow WTSB’s title to be adversely affected in any way.

11.2 Hirer must not make any representation or do any thing that may tend to induce any person to believe the Equipment is not the property of WTSB. If possession of the Equipment is taken by any third party for any reason, Hirer authorises WTSB to take any action it deems necessary to protect its rights in the Equipment, at the cost of Hirer.

11.3 If WTSB determines that this Agreement (or a transaction in connection with it) is or contains a security interest for the purposes of the PPSA, Hirer agrees upon request to do anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which WTSB considers necessary for the purposes of:

(1) ensuring that the security interest is enforceable, perfected and otherwise effective;

(2) enabling WTSB to apply for any registration, or give any notification, in connection with the security interest so that the security interest has the priority required by WTSB; and

(3) enabling WTSB to exercise rights in connection with the security interest, and, the Hirer expressly waives any right it may have under PPSA section 175 to be given notice in relation to any registration event.

11.4 WTSB is not obliged, before exercising a right under this Agreement or conferred by law, to give the Hirer any notice or demand, or allow a lapse of time, that is required by law unless the notice, demand or lapse of time cannot be excluded. A reference to a notice under this clause includes any notice under the PPSA.

 

12 Location and Use of Equipment

12.1 Hirer must expressly inform WTSB of the location of the Equipment during the Rental Period.

12.2 Hirer must not:

(1) part with possession of the Equipment;

(2) allow any other person to use the Equipment; or

(3) permit removal of the Equipment from the location at which Hirer represented it would be located; without the prior written consent of WTSB.

12.3 Hirer must store the Equipment in a safe place, and do all other things necessary to ensure the continued safety and preservation of the Equipment.

 

13 Collection, Storage and Use of Information

 

13.1 Hirer authorises WTSB to collect, store, use and disclose information about Hirer for the purposes related to the provision of hire services (including whether to allow credit on Hirer’s account), reporting information to any credit agency, marketing WTSB’s goods and services, and enforcing any rights under this Agreement.

13.2 Hirer expressly consents to receiving commercial electronic messages from WTSB and its agents for the purposes of the Spam Act 2003. Hirer may withdraw its consent at any time by notifying WTSB in writing.

13.3 Where personal information is collected, stored or used by WTSB, it will be dealt with in accordance with the Privacy Act 1988. In particular, any individual may access personal information held about him or her (subject to the permissible limitations contained in the Privacy Act 1988), and may request correction of that personal information. Further information about the handling of personal information including requests for access to personal information may be obtained from WTSB’s Privacy Officer.

13.4 WTSB and its agents will comply with the Privacy Act 1988 and the National Privacy Principles or successor principles. A copy of WTSB’s privacy statement can be obtained by visiting WTSB’s website WTSBservices.com.au.

 

14 Hirer’s Warranties

14.1 Any person signing any document on behalf of Hirer in respect of the hire of the Equipment warrants that they:

(1) have Hirer’s authority to contract with WTSB on Hirer’s behalf; and

(2) have been authorised by Hirer to bind Hirer to hire the Equipment under this Agreement, and agrees to indemnify WTSB against all losses, costs and claims incurred by WTSB if this is not the case.

14.2 If there is any variation to the legal structure or management of Hirer, including (but not limited to) change in directors, senior management or trustee, or change in partnership or conversion to or from a company or to or from a trust, Hirer must notify WTSB in writing within 7 days providing details of that change.

14.3 Hirer may not assign in whole or in part this Agreement or any benefit under this Agreement without WTSB’s prior written consent.

 

15 Changes to Terms and Conditions

 

15.1 WTSB may amend these Terms and Conditions at any time by publishing the amendments on its website wattletownskipbins.com.au or otherwise notifying Hirer in writing. Such amended Terms and Conditions will govern each subsequent hire agreement between WTSB and Hirer.

 

16 General

16.1 Any failure of WTSB to insist upon strict performance by Hirer of the conditions and terms of this Agreement will not be construed as a waiver of WTSB’s right to demand strict compliance.

16.2 WTSB may exercise its rights under this Agreement personally or through its agents.

13.3 The supply of our fencing is done on the provision that all of the above information is agreed