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1 |
INTERPRETATION
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These notes give meaning to the
following used phrases:
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"Accessories" means furniture, equipment
& loose fit-out not permanently attached
to the building. |
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"Agreement" means the contract
constituted by our quotation, the
hirer's order and our acceptance of the
hirer's order, and these conditions.
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"Campac" means Campac Hire Pty Ltd A.C.N.
898 751 396. |
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"Hire Period" means the "guaranteed
minimum hire period" specified in the
attached quotation. |
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"Hirer" means the person or company from
whom the Company accepts an order.
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"Goods" means the goods supplied by the
Company to the Hirer.
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2 |
ORDERS AND PERFORMANCE
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2.1 |
Unless otherwise expressly agreed in
writing by Campac, these conditions
apply to any quotation given by Campac
and to any agreement for the hire of
Goods and / or the performance of work
by Campac in connection with the hire.
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2.2 |
Any order issued by the Hirer consequent
upon or with reference to the attached
quotation will be an offer to hire and /
or purchase on these terms
notwithstanding any terms contained in
the order. Until Campac accepts a
written order from the Hirer, the
parties are not legally bound unless
Campac otherwise agrees. |
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2.3 |
Acceptance of the Hirer's order is
conditional upon, in the opinion of
Campac, a satisfactory credit assessment
of the Hirer. |
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2.4 |
The Hire Period commences from the date
the goods leave Campac's premises and
continues until they are returned to a
nominated Campac location, or until the
Hire Period ends, whichever is longer.
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2.5 |
This Agreement will be governed by the
laws of Queensland and the jurisdiction
of its courts. |
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3 |
TRANSPORT, INSTALLATION &
DEMOBILISATION |
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3.1 |
The Hirer is responsible for all
transport charges incurred by Campac in
relation to delivery and return of the
Goods, unless otherwise stated in the
quotation. |
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3.2 |
If the Hirer elects to use Campac’s
resources for the delivery and return of
the Goods, a minimum seven day advance
notice is required. |
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3.3 |
If the Hirer elects to organise their
own transport and demobilisation
resources, the Hirer is responsible for
ensuring all ancillary items or
equipment hired are securely packed in
the buildings prior to the return of the
Goods. |
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3.4 |
If the Hirer arranges for their own
installation resources, it warrants it
will comply with all relevant building
codes and good building practice. Any
damage caused by the installation will
be at Hirers cost without effect to the
original Hire Period. |
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4 |
MAINTENANCE, ALTERATIONS,
REPAIRS |
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4.1 |
The Hirer will, at its own cost,
service, clean and maintain the Goods in
good and reasonable condition, and will
return the Goods in good order and
repair and in a clean state to Campac’s
premises at the termination of this
Agreement. If, upon return of the Goods,
the Hirer has failed to observe the
provisions contained herein the Hirer
will pay the costs of the repairs and
any extraordinary cleaning necessary as
determined by Campac |
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4.2 |
The Hirer licenses Campac to enter the
Hirer's premises and have access to the
Goods for inspection and agrees to
repair the Goods as notified by Campac.
If the Hirer defaults in making repair
in accordance with the Notice, Campac
may repair the Goods at the Hirer's cost
or may take possession of the Goods.
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4.3 |
The Hirer may not perform or allow other
parties to perform any alterations to
the Goods. If agreed to by Campac,
alterations will be undertaken by
Campac. |
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4.4 |
All repairs must be authorised and
approved by Campac. |
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5 |
LOSS OR DAMAGE
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5.1 |
If the Goods are destroyed or so damaged
that they are unfit for use by the
Hirer, Campac may terminate this
Agreement by five days written notice to
the Hirer, or may without prejudice to
its rights repair or replace the Goods
within thirty days with no abatement of
rent. |
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5.2 |
If loss or damage occurs the Hirer
agrees to advise Campac in writing
within five days. |
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5.3 |
In the case of theft of the Goods the
Hirer agrees to immediately report the
theft to the police, notify details to
Campac and provide evidence of its claim
to its insurer and will direct its
insurers to make payment of proceeds
directly to Campac. |
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6 |
AIR CONDITIONERS
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If air conditioners are included in the
Goods hired, the Hirer is responsible
for fitting the air conditioners into
wall cut-outs. The Hirer agrees to
remove the air conditioners from the
wall cut-outs, block the cut-out and
securely pack them within in the Goods
at the termination of this Agreement.
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7 |
HIRE RATES AND TERMS OF
PAYMENT |
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7.1 |
Hire rates quoted will remain fixed for
the Hire Period. At the expiration of
the Hire Period, and every quarter
thereafter, Campac may in its absolute
discretion adjust the Hire rates.
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7.2 |
If the Hirer terminates this Agreement
prior to the Hire Period, the Hirer will
pay Campac the rental and all other
associated amounts, in respect of the
balance of the Hire Period as if this
Agreement had not been terminated.
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7.3 |
If delivery of the Goods is delayed at
the Hirer's request, the payment shall
become due as if delivery had taken
place on the original due date.
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7.4 |
Hire invoices will be raised on a
calendar monthly basis and unless
specified by Campac in writing, all
payments are due in advance at the end
of the proceeding month. |
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7.5 |
Hire rates are based on a seven day
week. For part month calculations, a
percentage of monthly will calculated
using days hired over days in month.
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7.6 |
The Hirer agrees to pay any costs
whatsoever of Campac incurred in
collecting payments due but not paid by
the Hirer. |
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7.7 |
Payments to be made under this Agreement
may have been calculated exclusive of
any taxes, rates, stamp duty or GST.
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7.8 |
The Hirer agrees to pay Campac any rent,
rates, taxes, stamp duty or tolls
including GST or similar tax which is
imposed or payable at the election of
any person, in relation to or as a
result of the transportation,
possession, use of hire of the Goods by
the Hirer or in respect of the supply of
anything under or pursuant to this
Agreement. |
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7.9 |
All payments to Campac will be made
without set-off, deduction or
counterclaim. |
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7.10 |
If the Hirer fails to pay an invoice in
full to Campac when due, Campac will be
entitled to cancel or suspend any
further delivery to the Hirer under this
or any other contract with the Hirer and
charge the Hirer interest on the overdue
amount at the rate of 15% p.a. from the
start date of the invoice period to the
date of full and final payment.
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7.11 |
Installation and transport costs are to
be invoiced in the month in which the
service is performed and are due and
payable at the end of the proceeding
month. |
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8 |
NO ASSIGNMENT, SALE OR
TRANSFER |
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8.1 |
The Hirer will not assign its rights
under this Agreement without the prior
written consent of Campac. |
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8.2 |
The Hirer will not sell or offer for
sale, assign, part with possession, or
re-hire, mortgage, pledge or otherwise
deal with the Goods or any part thereof
or purport to do so and will not remove
the Goods from the Hirer's site to which
they were first taken by the Hirer or
delivered by Campac, without the written
consent of Campac unless the Goods are
being returned to Campac’s premises. In
the event of a breach of any of the
provisions of this clause Campac may in
its absolute discretion terminate this
Agreement and the Hirer shall be liable
for all losses, costs and expenses
suffered by Campac arising from such
termination. |
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9 |
REPOSSESSION
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9.1
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Campac may
repossess the Goods without notice to
the Hirer at the Hirer's expense and /
or terminate this Agreement if:
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a)
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the Hirer
is thirty days in arrears of any payment
due; |
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b)
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a receiver,
a liquidator, trustee in bankruptcy or
official manager or administrator of the
Hirer is appointed or a meeting of the
Hirer's creditors is called; or
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c)
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the Hirer
is in breach of any of the terms of this
Agreement. |
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9.2
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The Hirer
indemnifies and releases Campac against
and from all claims and actions which
may arise as a result of or in
connection with Campac taking possession
of the Goods. |
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9.3
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Campac may
at any time without notice enter the
Hirer's premises to exercise its rights
to repossess pursuant to this Agreement
any and all the Goods that are the
property of Campac. |
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10
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DEFECTS AND SHORTAGES
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The Hirer agrees that the Goods will be
deemed received and in good condition
unless written notice of shortages and /
or defects is received by Campac within
ten working days after delivery |
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11
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INDEMNITY AND RELEASE
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11.1 |
The Hirer uses the Goods at the risk of
the Hirer and releases Campac from, to
the fullest extent permitted by law, all
actions, claims and liabilities in
respect of damage to property or death
or injury to any person resulting
directly or indirectly from the Goods or
their use or the services provided by
Campac to the Hirer. |
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11.2 |
Campac makes no express or implied
warranty whatsoever in relation to the
Goods or services performed by Campac
for the Hirer. Campac excludes all
implied warranties, conditions and
liabilities whether arising in
negligence, contract or otherwise
including, without limitation, any loss
or liability directly or indirectly
caused by or arising from the actual or
alleged failure of any equipment,
software or other item (whether or not
owned by Campac) to satisfactorily
recognise any date as its true calendar
date or any period of time as its true
period of time. Nothing in this clause
derogates from any rights implied by
statute which cannot be excluded or modi
The Hirer agrees that the Goods will be
deemed received and in good condition
unless written notice of shortages and /
or defects is received by Campac within
ten working days after delivery.
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