Commercial Hire Terms & Conditions

 

 

1

INTERPRETATION

These notes give meaning to the following used phrases:

"Accessories" means furniture, equipment & loose fit-out not permanently attached to the building.

"Agreement" means the contract constituted by our quotation, the hirer's order and our acceptance of the hirer's order, and these conditions.

"Campac" means Campac Hire Pty Ltd A.C.N. 898 751 396.

"Hire Period" means the "guaranteed minimum hire period" specified in the attached quotation.

"Hirer" means the person or company from whom the Company accepts an order.

"Goods" means the goods supplied by the Company to the Hirer.

2

ORDERS AND PERFORMANCE

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.

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.

2.3

Acceptance of the Hirer's order is conditional upon, in the opinion of Campac, a satisfactory credit assessment of the Hirer.

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.

2.5

This Agreement will be governed by the laws of Queensland and the jurisdiction of its courts.

3

TRANSPORT, INSTALLATION & DEMOBILISATION

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.

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.

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.

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.

4

MAINTENANCE, ALTERATIONS, REPAIRS

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

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.

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.

4.4

All repairs must be authorised and approved by Campac.

5

LOSS OR DAMAGE

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.

5.2

If loss or damage occurs the Hirer agrees to advise Campac in writing within five days.

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.

6

AIR CONDITIONERS

 

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.

7

HIRE RATES AND TERMS OF PAYMENT

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.

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.

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.

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.

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.

7.6

The Hirer agrees to pay any costs whatsoever of Campac incurred in collecting payments due but not paid by the Hirer.

7.7

Payments to be made under this Agreement may have been calculated exclusive of any taxes, rates, stamp duty or GST.

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.

7.9

All payments to Campac  will be made without set-off, deduction or counterclaim.

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.

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.

8

NO ASSIGNMENT, SALE OR TRANSFER

8.1

The Hirer will not assign its rights under this Agreement without the prior written consent of Campac.

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.

9

REPOSSESSION

9.1

Campac may repossess the Goods without notice to the Hirer at the Hirer's expense and / or terminate this Agreement if:

a)

the Hirer is thirty days in arrears of any payment due;

b)

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

c)

the Hirer is in breach of any of the terms of this Agreement.

9.2

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.

9.3

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.

10

DEFECTS AND SHORTAGES

 

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

11

INDEMNITY AND RELEASE

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.

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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