AKYUZ NOMINEES PTY LTD ACN 095 338 668 (TRADING AS “STAR ALUMINIUM & STEEL WELDING”) HIRE TERMS AND CONDITIONS

 

1 DEFINITIONS

“Credit account” means a credit facility granted to the Customer by Star Aluminium & Steel Welding for payment of the Fee after acceptance by Star Aluminium & Steel Welding of the Customer’s Credit application.

“Credit application” means the Star Aluminium & Steel Welding Credit application form.

“Star Aluminium & Steel Welding” means Star Aluminium & Steel Welding ACN 095 338 668 trading as “Star Aluminium & Steel Welding”.

“Invoice” means the Invoice reflective of the customer and their details.

“Customer” means the customer named on the Invoice.

“Fee” means the fee for the hire of the height safety equipment as set out in the Invoice plus any GST. “GST” means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) (as amended).

“Height safety equipment” means the Height safety equipment described on the Invoice.

“Hire Period” means the period as set out on the Invoice or as extended by agreement pursuant to clause 3.2.

“Premises” means the address of Star Aluminium & Steel Welding identified at the top of the Invoice.

“Terms and Conditions” means these hire terms and conditions outlined below.

 

2 GENERAL

These Terms and Conditions, the Invoice and the Credit application (if applicable) establish the entire agreement between Star Aluminium & Steel Welding & the Customer with respect to the Height safety equipment.

 

3 HIRE LENGTHS

3.1 Nonetheless any other provision of the agreement between Star Aluminium & Steel Welding and the Customer with respect to the Height safety equipment, the Hire Period may be terminated in accordance with clause 10.

3.2 The Hire length may be extended by agreement between Star Aluminium & Steel Welding and the Customer subject to payment of such additional fees as may be agreed by Star Aluminium & Steel Welding and the Customer.

 

4 STAR ALUMINIUM & STEEL WELDING DUTIES & RESPONISILITIES

Star Aluminium & Steel Welding agrees to:

4.1 provide the Height safety equipment to the Customer in a clean condition and in working order as per the Australian Standards and/or operating manual;

4.2 re-supply or repair the Height safety equipment if it fails to operate properly; and

4.3 collect the Height safety equipment from the Customer (if requested to do so) and Star Aluminium & Steel Welding has agreed to collect it from the Customer.

 

5 CUSTOMER’S DUTIES & RESPONISILITIES

The Customer agrees to:

5.1 that the Height safety equipment is suitable for the purpose for which it is hired;

5.2 operate the Height safety equipment only for its intended use;

5.3 comply with all manufacturer’s instructions and recommendations relating to the use of the Height safety equipment;

5.4 ensure that all persons operating the Height safety equipment are properly instructed of its safe and proper use;

5.5 comply with all laws relating to the use of the Height safety equipment

5.6 notify Star Aluminium & Steel Welding immediately in the event that the Height safety equipment is lost, stolen or involved in an accident;

5.7 return the Height safety equipment to the Premises on or before the last date of the Hire Period unless otherwise agreed; and

5.8 return the Height safety equipment in a clean condition and in good repair and in and working order as per the Australian Standards and/or operating manual.

 

6 PAYMENT

6.1 The Customer agrees to pay Star Aluminium & Steel Welding all Fees for the Height safety equipment for the Period plus any GST.

6.2 Subject to clause 6.3, the Fee must be paid to Star Aluminium & Steel Welding prior to or on the commencement of the Hire Period or on Credit account as per the approved trading terms.

6.3 Customers with a Credit accounts, the following terms and conditions apply: (a) payment of the Fee is required 30 days from the end of the month in which the relevant Invoice is issued; (b) if payment of the Fee is not received by Star Aluminium & Steel Welding  by the due date, Star Aluminium & Steel Welding  may suspend or cancel the Credit account and charge interest at the rate of 10% per annum on any amounts outstanding after the due date; (c) the Customer must pay all reasonable costs incurred by Star Aluminium & Steel Welding in recovering any outstanding amounts including but not limited to debt collection or legal costs.

6.4 Any late return of the Height safety equipment will incur the late return charges referred to on the Invoice.

6.5 If the Customer fails, for any reason including, but not limited to, loss or theft, including but not limited to poor storage facilities to return the Height safety equipment, then the Customer must pay the new list price for equipment to replace the Height safety equipment.

6.6 Star Aluminium & Steel Welding may charge the Customer a fee for accepting payment by credit card.

 

7 USES, OPERATION AND MAINTENANCE

7.1 The Customer agrees that the use of the Height safety equipment carries with it dangers and risks of injury and the Customer agrees to accept all such dangers and risks.

7.2 To the full extent permitted by law, all warranties and conditions relating to the hire of the Height safety equipment are excluded from the agreement between Star Aluminium & Steel Welding and the Customer.

7.3 The Height safety equipment must not be used by anyone other than the Customer without the express permission of Star Aluminium & Steel Welding and the Customer must not tamper with the Height safety equipment.

7.4 If there is a breakdown or failure of the Height safety equipment the Customer shall notify Star Aluminium & Steel Welding immediately.

 

8 CLEANING

Equipment returned with concrete, paint, render and all other substances that cannot be removed easily with a water blaster; Star Aluminium & Steel Welding may, in its discretion, charge the Customer for all costs of returning the Height safety equipment to its original condition.

 

9 LIABILITIES AND INDEMNITIES

9.1 The Customer assumes all risks and liabilities in relation to the Height safety equipment.

9.2 To the full extent permitted by law, the Customer releases and indemnifies Star Aluminium & Steel Welding from and in respect of all claims and demands for any direct, indirect, incidental or consequential loss, injury or damage to persons or property howsoever caused arising out of or consequent on the use or misuse of the Height safety equipment.

9.3 No damage waiver is available

9.4 Subject o 6.5 If the Customer fails, for any reason including, but not limited to, loss or theft, to return the Height safety equipment, then the Customer must pay the new list price for equipment to replace the Height safety equipment.

 

10 TITLE TO EQUIPMENT

10.1 The Customer acknowledges that Star Aluminium & Steel Welding retains title to the Height safety equipment and that the Customer has rights to use the Height safety equipment within their custody as per the agreed hire period only.

10.2 The Customer agrees not to sell, assign, let, sub-let, lend, pledge, mortgage, hire or otherwise encumber, part with possession of, alter, attempt to repair or deal with the Height safety equipment unless otherwise agreed with Star Aluminium & Steel Welding.

 

11 TERMINATION

11.1 Star Aluminium & Steel Welding may terminate the Invoice and repossess the Height safety equipment if: (a) the Customer fails to pay the Fee or any additional fees; (b) the Customer breaches the Terms and Conditions or the Invoice; or (c) the Customer commits any act of bankruptcy, becomes insolvent in the opinion of Star Aluminium & Steel Welding, enters into any arrangement with its creditors or, where the Customer is a company, enters into liquidation or is wound up.

11.2 In the event of termination pursuant to clause 11.1, Star Aluminium & Steel Welding will have an immediate right to possession of the Height safety equipment and payment of any amounts owed by the Customer including any costs or expenses incurred by Star Aluminium & Steel Welding in respect of the termination.

 

12 GOVERNING LAWS

These Terms and Conditions and the Invoice are governed by the laws of Victoria and each party submits to the exclusive jurisdiction of the Court of that State