HIRE - terms and conditions
1.1 In these Terms and Conditions unless the context otherwise requires: (a) Agreement means the Agreement to the Hire of the Equipment (b) Business Day is a normal working day excluding Saturdays, Sundays and gazetted Public Holidays in the state in which the Equipment is delivered or collected from The Care Kiosk Pty. Ltd. (TCK) (c) Clause means a clause of these Terms and Conditions. (d) Equipment means the Equipment supplied to Hirer by TCK P/L. (e) Force Majeure means an act, omission or circumstance over which TCK P/L could not have reasonably exercised control. (f) Delivery Advice means the attached Delivery Advice. (g) Party means a Party to these Terms and Conditions and its successors, trustees and permitted assigns. (h) Hirer means the person, organisation or authority who places the order (verbal or written) with TCK P/L (i) Penalty Interest Rate means the rate prescribed by Section 2 of the Penalty Interest Rates Act 1993 (Cth). (j) Rental Period means the period commencing on the date of delivery of Equipment or Commencement Date, whichever is the later; and concluding on the later of: (i) 5:00 pm on Conclusion Date; or (ii) if Conclusion Date is not a Business Day, 5.00 pm of the next Business Day after the Conclusion Date; or (iii) if Equipment is returned damaged, 5.00 pm on the date that Equipment is repaired by TCK P/L or the replacement cost of Equipment is paid by Hirer. (k) Minimum Hire Period means the minimum hire period for Equipment which is two (2) weeks (l) Sub-clause means a Sub-clause of these Terms and Conditions. (m) Terms and Conditions means these Terms and Conditions. (n) TCK P/L is defined as TCK Pty Ltd.1.2 Items appearing in bold type in these Terms and Conditions shall be interpreted as defined terms.
2.1 In the Interpretation of these Terms and Conditions unless the context otherwise requires: (a) Words denoting a person shall include corporations, statutory corporations, partnerships, joint ventures, associations, boards, governments or semi-government agencies or authorities. (b) Words denoting the singular number shall include the plural number and vice versa. (c) Words denoting any gender shall include all other genders. (d) A reference to a statute or a regulation also refers to any statute or regulation amending, or consolidating or re-enacting same. (e) Money references are references to Australian currency. (f) Headings used in this Terms and Conditions are for convenience and ease of reference only, and are not part of these Terms and Conditions and shall not be relevant or affect the meaning or Interpretation of these Terms and Conditions. (g) Every obligation, covenant, agreement, condition express or implied in these Terms and Conditions and entered into by more than one Party shall bind them jointly and each of them severally. (h) If any provision or part provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provision or part provision, which shall be deemed deleted. (i) These Terms and Conditions take precedence over any Delivery Docket, quotation or any other agreement, verbal or written.
3. Periods of Hire
3.1 The Hirer shall agree to accept the minimum hire period stated in the Rental Agreement. The minimum Hire Period is the lesser of two (2) weeks or as other period as specific under the Rental Agreement. 3.2 Should the hirer not contact TCK before the end of the current rental period, for which the Hirer has paid for, then TCK will roll into a further rental period for the lesser of the minimum two (2) rental period or other rental period as stated on the Rental Agreement.
4.1 TCK shall provide Equipment for duration of the Rental Period. 4.2 Provided that Hirer has not breached any provision of these Terms and Conditions, the Rental Period may be extended at the request of Hirer at the sole discretion of TCK. 4.3 In the event that the Equipment is not returned by the expiration of the Rental Period then at the sole option of TCK a further fee shall become due and payable and such shall continue to be paid in accordance with the Credit Card Authority &/or Direct Debit Authority &/or accrue on the expiration of the renewed Rental Period until the Equipment is returned. In the event that Equipment is returned prior to the expiration of the Rental Period or any extended Rental Period then TCK is not obliged to give a rebate on any pro rata usage. Nothing in this Sub-clause shall oblige TCK to so extend a Rental Period. 4.4 The Hirer acknowledges that all delivery and collection times are approximate only and late delivery or collection shall not entitle the Hirer to terminate this agreement or claim any other form of release against TCK.
5. Hirer's Responsibilities
5.1 It is the Hirers responsibility to: (a) pay TCK all fees and charges payable including without limitation, Hire Fees, Service Fees, Delivery Costs, Collection Costs and Consumables. (b) contact TCK to cancel the hire. (c) collect and return Equipment from and to the Delivery Address in a method approved by TCK. In particular, but without limitation, Hirer shall not post Equipment. (d) make all appropriate enquiries about Equipment's fitness for the purposes for which it is hired or used by Hirer and shall determine whether Equipment is fit for that purpose and is in a condition suitable for use.
TERMS AND CONDITIONS
(e) use Equipment only for the purpose for which it is manufactured or designed and in accordance with the manufacturer's instructions. (f) Be responsible for any loss or damage to the Equipment, either by fire, theft, vandalism, weather conditions, flood, water or any eventuality whatsoever and shall indemnify TCK and hold TCK harmless for any loss or damage in fact suffered other than through fair wear and tear in the normal course of use. (g) clean the Equipment and return it to TCK in a clean condition, properly maintained in accordance with the manufacturer's recommendations. (h) not sell, charge, pledge or part with possession of Equipment; (i) keep Equipment at the address specified unless written permission has been obtained from TCK to relocate Equipment elsewhere; (j) keep Equipment in a careful and proper manner and not interfere or tamper with or let anyone else do so;(k) return Equipment in the same packaging as delivery was made in. TCK reserves the right to charge for packaging materials that are not returned. (l) permit TCK its agents or servants to enter the premises where Equipment is located at all reasonable times in order to inspect Equipment or carry out repairs to Equipment.
6.1 The Hirer may cancel the Agreement at any time after the installation of the Equipment but will be charged in accordance with Clauses 3 and 5 above.
7. Risk & Damage to Equipment
7.1 Risk for the Equipment passes to the Hirer when the Equipment leaves the premises of TCK and ceases when the Equipment is delivered into the safe possession of TCK at the premises. 7.2 Hirer is responsible for the safekeeping of the Equipment and shall bear the risk of any loss, theft, damage or destruction of Equipment. 7.3 Any damage to the Equipment whilst in the care of the Hirer shall be notified immediately it occurs to TCK by phone 1300 110159. 7.4 In the event that the Equipment requires repair as a result of Hirer's negligence, misuse or abuse, Hirer shall bear cost of any such repair including any freight charges. 7.5 Hirer shall pay TCK the new replacement cost as assessed by TCK service technical department of the Equipment which is lost, stolen, destroyed or damaged beyond repair. 7.6 Hirer shall pay TCK a reasonable refurbishing fee in the event that ownership labels, or other notices affixed to Equipment are removed or defaced. 7.7 Any item of non-expendable material (including operations manuals) not returned to TCK upon cessation of the Rental Period shall be charged to the account of the Hirer or monies taken from security deposit to cover repairs or damage. 7.8 It is the responsibility of the Hirer to ensure that the Equipment is insured against loss or irreparable damage whilst in the possession of the Hirer. 7.9 In the event of any loss, destruction or other damage as specified above, TCK will retain your security deposit and/or charge your Credit Card the amount as assessed by TCK to restore, repair or replace the Equipment.
8.1 TCK shall at its expense provide routine maintenance and recalibration for Equipment and shall use its best endeavours to expeditiously repair or replace Equipment which becomes defective during the Rental Period through no fault of the Hirer. 8.2 In the event that the Equipment does not operate properly Hirer shall immediately notify TCK and request instructions before taking remedial action. 8.3 TCK may at its option and for such length of time as it deems expedient replace Equipment with another of such type or model as shall for the time being be available and Equipment so substituted shall be subject to these Terms and Conditions. (a) TCK shall not be liable if the defect is a result of: (i) Improper use; (ii) operation of Equipment other than in accordance with the operating manual; (iii) modification of Equipment; (iv) use of Equipment in an environment other than that for which it was designed; (v) use of Equipment by a person other than Hirer; (vi) Hirer's failure to allow maintenance of Equipment; The serial number or labels being removed or replaced.
9. Limited Warranty and Exclusion of Liability
9.1 TCK warrants that each item of Equipment hired is of merchantable quality and reasonably fit for the purpose for which it was designed. All other warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of these Terms and Conditions are excluded. 9.2 Where legislation implies in these Terms and Conditions any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be included in these Terms and Conditions. However, the liability of TCK for any breach of such term shall be limited, at the option of TCK, to any one or more of the following: (a) if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and(b) if the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again. 9.3 Subject only to Clause 7.2, TCK shall not be under any liability to Hirer in respect of any loss or damage (including, without limitation, consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to these Terms and Conditions or the failure or omission on the part of TCK to comply with its obligations under these Terms and Conditions including, without limitation, negligence.
10. Purchase of Equipment
10.1 In the event the Hirer seeks to purchase the Equipment and TCK agrees to sell the Equipment the property therein shall not pass until all Hire Fees and the purchase price have been received by TCK and the payments shall be applied first in reduction of Hire Fees and second on account of the purchase price. Hire Fees shall continue to accrue until the full purchase price has been paid.
11.1 Notices under these Terms and Conditions may be delivered by hand, by mail, facsimile or email.
12.1 Hirer shall pay TCK the Hire Fees on delivery, in advance (unless specified otherwise in Delivery Docket) without withholding, deduction or offset of any amounts for any purpose.12.2 TCK may increase its Hire Fees at any time upon thirty (30) days' notice to Hirer.12.3 Hirer shall pay TCK interest at the Penalty Interest Rate on all overdue amounts from the due date until payment is made.12.4 A Hirer is required to leave a security deposit (bond) prior to any goods being released, this amount is based on the type of equipment hired and it's value. TCK will determine the security deposit amount.12.5 If any payment owing to TCK is not made in accordance with the completed Credit Card Authority &/or Direct Debit Request (or within seven (7) days of the due date should these terms apply to the invoice), TCK may, without further notice to Hirer, suspend further services or its remaining obligations to Hirer under these Terms and Conditions. Further, TCK may seek recovery actions and charge all additional associated fees for such recovery action to the Hirer.
13. Delivery of Goods & Charges
13.1 A Hirer is required to pay the delivery and collection fee in advance prior to goods being released. 13.2 Delivery & collections will be made based on availability of drivers on roster.
14. Security Deposit
14.1 A Hirer is required to leave a security deposit as determined by TCK under the Rental Agreement. 14.2 The security deposit may is provided by Credit Card Authority charge the Credit Card Authority in accordance with these Terms and Conditions.
15.1 Without limiting the generality of any other clause in these Terms and Conditions, TCK may terminate these Terms and Conditions or any Delivery Docket immediately by notice in writing if: (a) any payment due from Hirer to TCK pursuant to these Terms and Conditions remains unpaid for a period of seven (7) days;(b) Hirer breaches any provision of these Terms and Conditions and such breach is not remedied immediately upon receipt of notice by TCK as defined by clause 12 herein; (c) Hirer is otherwise no longer capable of complying with its obligations under these Terms and Conditions; or (d) Hirer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; Hirer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; Hirer being a natural person, dies; or Hirer ceases or threatens to cease conducting its business in the normal manner.15.2 If these Terms and Conditions or any Delivery Docket is terminated then TCK may in its sole discretion:(a) retain all moneys paid, which is agreed to be a genuine estimate of part of TCK's loss and damage suffered;(b) charge a reasonable sum for Equipment supplied in respect of which no sum has been previously charged;(c) be regarded as discharged from any further obligations under these Terms and Conditions; and(d) enter upon the premises of Hirer, the consent to which is hereby granted by Hirer, and repossess the Equipment. All such reasonable costs of repossession are the responsibility of Hirer and shall be added to Hire Fees.(e) pursue any additional or alternative remedies provided by law.15.3 The covenants, conditions and provisions of these Terms and Conditions which are capable of having effect after the expiration of these Terms and Conditions shall remain in full force and effect following the expiration of the Terms and Conditions.
16. Entire Agreement
16.1 These Terms and Conditions constitute the entire agreement between the parties for the subject matter referred to in these Terms and Conditions. Any prior arrangements, including without limitation, verbal arrangements, agreements, representations or undertakings are superseded.16.2 No modification, variation or alteration of any provision of these Terms and Conditions shall be valid except in writing signed by each Party.
17. Governing Law
17.1 These Terms and Conditions will be governed by and construed according to the law of the State of New South Wales.17.2 The parties irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales and Australia and any Courts hearing appeals from such Courts.TCK Pty Ltd (ABN 27 612 045 100)Rental Agreement.