Hire - Terms of Trade – Gold Coast Spring Water Pty Ltd

1. In this document references to "the owner" shall mean Gold Coast Spring Water Pty Ltd and its employee’s servants and agents. References to "the hirer" shall mean the person, firm or corporation referred to on the front of this document with the proviso that the person signing this document or arranging for the supply of equipment is in fact authorised and has the power to do so and in the event that such person is not authorised that person shall be deemed to be "the hirer".
2. Any quotation from the Supplier automatically expires after 30 days unless, within 30 days, accepted verbally or in writing and a deposit paid. Unless otherwise stated in the Supplier’s price list, prices are exclusive of GST.
3. References to "equipment" shall mean all items supplied by the owner together with additional items such as bottles supplied at the request or instigation of the hirer.
4. The owner is responsible for supplying equipment that is clean and in good working order at the commencement of the hire. It is the hirer’s responsibility to ensure that the equipment meets this criteria and is suitable for their use.
5. The hirer shall at their own expense service, clean and maintain the equipment in good and substantial repair and condition, reasonable wear and tear excepted.
6. This hire agreement shall commence on the date hereof and shall be for the initial period as stated on the front page of this agreement. Upon expiry of the agreed period, this Agreement shall continue for such further period as may be agreed or in the absence of agreement, on a month to month basis or until terminated in accordance with the terms hereof.
7. Upon completion of the hire period the equipment must be properly cleaned by the hirer otherwise a cleaning fee will be charged to the hirer. This fee will be determined by the owner at the time of return.
8. The hirer shall not use the goods for any other purpose other than to dispense bottled water supplied by the owner. The price payable for such water shall be determined by the owner as per its current schedule of charges for same.
9. The owner shall be responsible for all freight or delivery charges in respect to the delivery and return of the equipment.
10. The hirer shall be responsible for any loss of or damage to the equipment for any reason whatsoever except for damage that is caused by fair wear and tear. The whole of the cost of replacement or repair will be charged to the hirer in the event of loss or damage caused by the hirer.
11. In the event of breakdown or failure of the equipment the hirer shall immediately notify the owner and if requested return the equipment to the owner’s premises. The hirer shall under no circumstances repair or attempt to repair the equipment without the prior consent of the owner. In no event shall the owner be responsible for any expenditure loss or damage incurred by the hirer arising from any breakdown or failure of the equipment whether caused by fair wear and tear or for any reason whatsoever.
12. The hirer shall be responsible for any loss or damage to property or persons caused by the equipment during the period of the hire for any reason whatsoever. This shall include any loss or damage that may occur during installation by the owner. It is the hirer’s responsibility to ensure that they are aware of and take steps to eliminate or minimise any likely damage that may occur during installation of equipment – such as drilling holes or moving property belonging to or under the control of the hirer – in order to complete the installation. The hirer shall indemnify the owner against any claims, damages or expenditure arising there from.
13. Except as required by law, the Supplier gives no guarantee in relation to the goods other than as expressly stated in these terms and the Supplier will have no liability at all for any consequential loss, injury, damage or expense suffered or incurred directly or indirectly by the Customer or any of the Customer's agents or employees or any other person using the goods provided by the Supplier.
14. The hirer shall indemnify the owner for any liability resulting from the use of the equipment. The hirer shall maintain adequate insurance cover in respect of its liability pursuant to the terms hereof.
15. The owner may with sufficient cause – such as failure on the part of the hirer to pay the hire charges or a breach of the terms and conditions – terminate the hire and repossess the equipment at any time (without prejudice to any other rights and remedies it may have) to recover, detach, remove and/or rehire the goods or any part of them. For that purpose the Owners agents or employees may without notice enter any place the Supplier believes the goods to be without committing a trespass. The owner will have no obligation to make good any damage caused by such recovery, detachment or removal and the Supplier will not be liable for and the hirer will indemnify the owner against any costs, claims, damages or losses expended suffered by the hirer or a third party as a result. The hirer shall indemnify the owner against any claims, damages or expenses arising out of such action.
16. Either party may terminate this agreement at any time after the expiry of the set Hire period by giving 4 weeks written notice to the other party. In the event of termination by the customer, no refunds of adjustments will be available for any unused Hire period. Should the customer default in complying with any of the provisions hereof, or become bankrupt or insolvent, or enter into liquidation, administration or receivership, the owner may forthwith terminate this agreement in which event the customer shall immediately return goods to the owner. No refunds or adjustments will be given for any unused Hire period.
17. Allowance to the Customer of time to pay, will not constitute a waiver by the Supplier of any of these terms nor be construed as the Supplier granting credit facilities to the Customer.
18. If the Supplier grants credit facilities to the Customer, all accounts must be paid in full within 30 days of the Supplier's statement date or as per the covering application.
19. The Customer must immediately notify the Supplier of any pending changes in address.
20. Any variation to these terms must be in writing signed by the Supplier.
21. If any provision of these Standard Terms of Trade is found to be void, illegal or unenforceable for any reason, it will be deemed to be severed and omitted from these Standard Terms of Trade.
22. Any notice, invoice or document to be given to the Customer shall be sufficiently given if posted by ordinary prepaid post or faxed to the Customer at the Customer's last known address or facsimile number and shall be deemed to have been received by the Customer in the ordinary course of post or on receipt by the Supplier of a successful transmission answerback.
23. To the extent permitted by law, Palm Springs Gold Coast, its employees and agents is not responsible whatsoever for personal injury, damage to property or any other loss from the Service or Goods supplied.
24. GST (Goods and Service Tax) is due and payable on all hire agreements and is payable in addition to the hire fee quoted. I/We acknowledge that in the event that this account becomes overdue and falls outside of these Trading Terms that Owner will impose an administration fee equivalent to 20% of the total invoice amount payable and at its discretion, the Owner reserves the right to refer the account to a Mercantile Agency for Collection of the total overdue amount. Any costs incurred by the Owner in recovering or attempting to recover any outstanding account will be borne by the Customer. This acknowledgement is not limited to other recovery costs associated with the repossession and resale of goods and gazetted professional legal fees if so required (full indemnity basis) will be borne by the customer and be deemed the liability of the customer to pay under these Terms.

Despite anything contrary in these terms, all monies due from the customer will become immediately payable to Owner upon the happening of any event or the issue against or service on the Customer of any notice or proceedings in any way concerning the customer’s solvency or payment of its debts.

•  I/We agree that Owner may seek consumer credit information (section 18K (1) (b). Privacy Act 1998)
  If Owner considers it relevant to assessing my/our application for credit we agree to Owner obtaining from a credit reporting agency, a credit report containing personal credit information about me/us in relation to credit provided by Owner
• Exchanging information with other credit providers (Section 18N (1)(b), Privacy Act 1998)
  I/we agree to Owner obtaining personal information about me/us from other credit providers whose names I/we may have provided to Owner or that may be named in a credit report for the purpose of assessing my/our application for credit made to Owner
• I/We agree to a credit provider being given a consumer credit report to collect overdue payments on consumer credit (Section18K (1) (b) Privacy Act 1998)
• I/We agree to any personal information held about me/us may be shared with a Credit Reporting Agency for the purpose of maintaining a credit history.
  I/We understand by being granted and accepting credit. I/We understand and accept the above Terms of Trade.