Terms and Conditions
These terms and conditions apply to the hire of Equipment from Us to the Client. The Client
accepts these terms and conditions as set out below.
1. Definitions
1.1. In this document:
1.1.1. ACL means the Australian Consumer Law contained in Schedule 2 of the
Competition and Consumer Act 2010 (Cth);
1.1.2. Client means the person or legal entity set out in the Quotation provided by
Us;
1.1.3. Equipment means the supply of equipment described in the Quotation;
1.1.4. Hire Fee means the hire fee specified in the Quotation;
1.1.5. Hire Period means the period of hire of Equipment and any extension of the
period of hire specified in the Quotation;
1.1.6. Our, Us, We means Maccahorn Group Pty Ltd (ACN 623 109 053) as Trustee
for the Maccahorn Investment Trust trading as Adelaide Aircon Hire (ABN 92
496 655 632);
1.1.7. Personnel means any employee, servant, contractor, subcontractor, agent,
partner, director or officer of the Client or Us.
1.1.8. Quotation means any written quotation provided to the Client for supply of
the Equipment;
1.1.9. Site means the address for the location of the Equipment for the Hire Period
specified in the Quotation.
2. Equipment Hire
2.1. Any Quotation provided by Us to the Client does not constitute an offer to supply the
Equipment for the Hire Period.
2.2. A Quotation will remain valid for a period of twenty eight (28) days from the date of
the Quotation and We may withdraw or vary a Quotation at any time prior to
acceptance of the Quotation by the Client.
2.3. Acceptance of a Quotation in writing will constitute an agreement of these terms and
conditions.
2.4. The Hire Period will start on the commencement date and continue for the period
specified in the Quotation.
2.5. We may terminate these terms and conditions any time prior to delivery of the
Equipment for the Hire Period. We will only be liable for repayment of any monies
paid in advance of termination of these terms and conditions.
2.6. The Client is entitled to use the Equipment for the Hire Period.
2.7. We will collect the Equipment at the end of the Hire Period. In the event the Client
returns the Equipment to Us does not absolve the Client from its obligations under
these terms and conditions.
2.8. We will not refund any Hire Fee if the Client elects to return the Equipment prior to
the end of the Hire Period.
3. Hire Fee and Payment Terms
3.1. The Client agrees to pay Us the Hire Fee including GST (if applicable) for the
Equipment for the Hire Period.
3.2. The Hire Fee must be paid to Us within seven (7) days of receipt of an invoice or on
commencement of the Hire Period, whichever date is earlier.
3.3. If the Client fails to pay the Hire Fee within thirty (30) days of receipt of an invoice, We
are entitled to charge interest at the rate of 2% above the Reserve Bank of Australia
cash rate calculated daily and compounded monthly from the due date for payment
until the actual date of payment.
3.4. If the Equipment is not ready for collection or returned at the expiration or termination
of the Hire Period, the Client will pay an additional charge equivalent to 100% of the
daily rate for every additional day or part of the day that the Equipment is retained by
the Client.
4. Cancellation Policy
4.1. If the Client cancels the hire of Equipment less than seven (7) days before the
commencement of the Hire Period, We may charge a cancellation fee of 20% of the
Hire Fee;
4.2. If the Client cancels the hire of Equipment less than forty-eight (48) hours before the
commencement of the Hire Period, We may charge a cancellation fee of 30% of the
Hire Fee.
4.3. Any change to the dates of the Hire Period less than seven (7) days prior to the
commencement of the Hire Period will be treated as a cancellation and a cancellation
fee may be charged in accordance with this clause.
5. Acceptance, use, operation and maintenance of Equipment
5.1. Upon delivery and acceptance of the Equipment, the Client acknowledges that it has
examined the Equipment and satisfied itself as to the condition and suitability of the
Equipment and that it is fit for the Client’s purpose.
5.2. The Equipment must not be used by any other person other than the Client unless We
give written permission.
5.3. The Client agrees to operate, maintain and store the Equipment strictly in accordance
with instructions provided by Us, with due care and diligence, only for its intended use
and in accordance with any manufacturer’s instructions and recommendations whether
supplied by Us or posted on the Equipment as to the operations, maintenance and
storage of the Equipment.
5.4. The Client will not remove the Equipment or any part of the Equipment from the
location at the Site without Our consent;
5.5. The Client must comply with all work health and safety laws and any other applicable
law relating to use of the Equipment and related operations.
5.6. The Client will return the Equipment to Us clean of soil or any other foreign matter. If
these requirements are not complied with, the Client will pay Us the reasonable costs
of cleaning the Equipment.
6. Theft, loss, damage or breakdown of Equipment
6.1. The Client will be responsible for any theft or loss of, or damage to, the Equipment (fair
wear and tear excepted) during the Hire Period and will be charged for any repairs,
labour or replacement of the Equipment.
6.2. In the event of a breakdown or failure of the Equipment the Client must immediately
notify Us. The Client must immediately stop using the Equipment and take all steps
necessary to prevent any further damage to the Equipment or any injury to person or
property as a result of the condition of the Equipment. The Client must not repair or
attempt to repair the Equipment.
7. Repossession
7.1. We may retake possession of the Equipment if the Client breaches any provision of
these terms and conditions, notwithstanding anything else contained in these terms
and conditions.
7.2. If repossession takes place, We will only charge the Hire Fee up to and including the
time of repossession.
8. Special Conditions
8.1. If requested by Us, the Client is required to provide valid Australian photo identity and
current address details in order for the supply of Equipment for the Hire Period.
8.2. The Client is required to provide credit card details and authority to charge as security
for the return of Equipment and after the Equipment passes satisfactory inspection. If
there is any damage to the Equipment or component parts of the Equipment are
missing, We reserve the right to recover the costs of repairs, labour or replacement by
charging the provided credit card. Any charges will be notified to the Client prior to the
credit card being charged.
9. Australian Consumer Law (ACL) and Limitation of Liability
9.1. If the Client is deemed a Consumer within the meaning prescribed in the ACL, the
supply of Equipment for the Hire Period does not exclude any right, guarantees or
warranty permitted under the ACL.
9.2. Where possible, Our liability for breach of any guarantee, condition or warranty is
limited under the ACL to resupply of the Equipment for the Hire Period or the cost of
having the Equipment for the Hire Period resupplied.
9.3. To the maximum extent permitted by law, We excludes all terms, conditions,
guarantees, warranties or representations not expressly stated in these terms and
conditions. We specifically exclude liability for negligence.
9.4. We will not be liable for any special, consequential or indirect loss or damage (except
where We are unable to exclude or limit such loss or damage under the ACL),
including without limitation, loss of profit or opportunity or damage to goodwill arising
out of or in connection with the supply of Equipment for the Hire Period whether at
common law, under contract, tort (including negligence), in equity, pursuant to statute
or otherwise.
9.5. If the Client is not a consumer for the purposes of the ACL, we exclude all liability to
the Client, however arising, including by negligence.
10. Client’s Liability
10.1. The Client assumes all risks and liabilities for and in respect of the Equipment and for
all injuries to or deaths of persons and any damage to property howsoever arising from
the Client’s possession, use, maintenance, repair or storage of the Equipment.
11. Indemnity
11.1. To the maximum extent permitted by law, the Client releases and indemnifies Us and
Our Personnel from and against any liability or claim arising from the Client’s breach of
any provisions of these terms and conditions or the negligence of the Client or any
Personnel or clients of the Client.
12. Insurance
12.1. We will maintain current policies for product liability, public liability and equipment
insurance.
12.2. Where the Client is a business, the Client must maintain current policies for events
liability/public liability and workers’ compensation insurance.
13. Title to Equipment
13.1. The Client acknowledges that We retain title to the Equipment and the Client has rights
to use the Equipment as a mere bailee only.
13.2. The Client agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge,
mortgage, let or hire or otherwise part with or attempt to part with personal possession
or otherwise not to deal with the Equipment.
14. Non-merger
14.1. The covenants, agreements and obligations contained in these terms and conditions
will not merge or terminate upon the termination of these terms and conditions and to
the extent that they have not been fulfilled or satisfied or are continuing obligations
they will remain in force and effect.
15. Severance
15.1. If any provision of these terms and conditions is wholly or partly invalid, unenforceable,
illegal, void or voidable, these terms and conditions must be construed as if that
provision or part of a provision had been severed from these terms and conditions and
the parties remain bound by all of the provisions and part provisions remaining after
severance.
16. Governing law
16.1. These terms and conditions are governed by the laws of South Australia. Each party
submits themselves to the exclusive jurisdiction of the courts having jurisdiction in that
State.
17. Interpretation
17.1. In these terms and conditions, unless the context otherwise requires:
17.1.1. A reference to the singular includes the plural and vice versa;
17.1.2. A reference to any party to these terms and conditions includes the party’s
executors, administrators, successors or permitted assigns, and where
applicable, its servants and agents;
17.1.3. A reference to an individual includes corporations and vice versa; and
17.1.4. If a word or expression is defined, its other grammatical forms have a
corresponding meaning.
17.2. In these terms and conditions, headings are for convenience only and do not affect
interpretation.
These terms and conditions apply to the hire of Equipment from Us to the Client. The Client
accepts these terms and conditions as set out below.
1. Definitions
1.1. In this document:
1.1.1. ACL means the Australian Consumer Law contained in Schedule 2 of the
Competition and Consumer Act 2010 (Cth);
1.1.2. Client means the person or legal entity set out in the Quotation provided by
Us;
1.1.3. Equipment means the supply of equipment described in the Quotation;
1.1.4. Hire Fee means the hire fee specified in the Quotation;
1.1.5. Hire Period means the period of hire of Equipment and any extension of the
period of hire specified in the Quotation;
1.1.6. Our, Us, We means Maccahorn Group Pty Ltd (ACN 623 109 053) as Trustee
for the Maccahorn Investment Trust trading as Adelaide Aircon Hire (ABN 92
496 655 632);
1.1.7. Personnel means any employee, servant, contractor, subcontractor, agent,
partner, director or officer of the Client or Us.
1.1.8. Quotation means any written quotation provided to the Client for supply of
the Equipment;
1.1.9. Site means the address for the location of the Equipment for the Hire Period
specified in the Quotation.
2. Equipment Hire
2.1. Any Quotation provided by Us to the Client does not constitute an offer to supply the
Equipment for the Hire Period.
2.2. A Quotation will remain valid for a period of twenty eight (28) days from the date of
the Quotation and We may withdraw or vary a Quotation at any time prior to
acceptance of the Quotation by the Client.
2.3. Acceptance of a Quotation in writing will constitute an agreement of these terms and
conditions.
2.4. The Hire Period will start on the commencement date and continue for the period
specified in the Quotation.
2.5. We may terminate these terms and conditions any time prior to delivery of the
Equipment for the Hire Period. We will only be liable for repayment of any monies
paid in advance of termination of these terms and conditions.
2.6. The Client is entitled to use the Equipment for the Hire Period.
2.7. We will collect the Equipment at the end of the Hire Period. In the event the Client
returns the Equipment to Us does not absolve the Client from its obligations under
these terms and conditions.
2.8. We will not refund any Hire Fee if the Client elects to return the Equipment prior to
the end of the Hire Period.
3. Hire Fee and Payment Terms
3.1. The Client agrees to pay Us the Hire Fee including GST (if applicable) for the
Equipment for the Hire Period.
3.2. The Hire Fee must be paid to Us within seven (7) days of receipt of an invoice or on
commencement of the Hire Period, whichever date is earlier.
3.3. If the Client fails to pay the Hire Fee within thirty (30) days of receipt of an invoice, We
are entitled to charge interest at the rate of 2% above the Reserve Bank of Australia
cash rate calculated daily and compounded monthly from the due date for payment
until the actual date of payment.
3.4. If the Equipment is not ready for collection or returned at the expiration or termination
of the Hire Period, the Client will pay an additional charge equivalent to 100% of the
daily rate for every additional day or part of the day that the Equipment is retained by
the Client.
4. Cancellation Policy
4.1. If the Client cancels the hire of Equipment less than seven (7) days before the
commencement of the Hire Period, We may charge a cancellation fee of 20% of the
Hire Fee;
4.2. If the Client cancels the hire of Equipment less than forty-eight (48) hours before the
commencement of the Hire Period, We may charge a cancellation fee of 30% of the
Hire Fee.
4.3. Any change to the dates of the Hire Period less than seven (7) days prior to the
commencement of the Hire Period will be treated as a cancellation and a cancellation
fee may be charged in accordance with this clause.
5. Acceptance, use, operation and maintenance of Equipment
5.1. Upon delivery and acceptance of the Equipment, the Client acknowledges that it has
examined the Equipment and satisfied itself as to the condition and suitability of the
Equipment and that it is fit for the Client’s purpose.
5.2. The Equipment must not be used by any other person other than the Client unless We
give written permission.
5.3. The Client agrees to operate, maintain and store the Equipment strictly in accordance
with instructions provided by Us, with due care and diligence, only for its intended use
and in accordance with any manufacturer’s instructions and recommendations whether
supplied by Us or posted on the Equipment as to the operations, maintenance and
storage of the Equipment.
5.4. The Client will not remove the Equipment or any part of the Equipment from the
location at the Site without Our consent;
5.5. The Client must comply with all work health and safety laws and any other applicable
law relating to use of the Equipment and related operations.
5.6. The Client will return the Equipment to Us clean of soil or any other foreign matter. If
these requirements are not complied with, the Client will pay Us the reasonable costs
of cleaning the Equipment.
6. Theft, loss, damage or breakdown of Equipment
6.1. The Client will be responsible for any theft or loss of, or damage to, the Equipment (fair
wear and tear excepted) during the Hire Period and will be charged for any repairs,
labour or replacement of the Equipment.
6.2. In the event of a breakdown or failure of the Equipment the Client must immediately
notify Us. The Client must immediately stop using the Equipment and take all steps
necessary to prevent any further damage to the Equipment or any injury to person or
property as a result of the condition of the Equipment. The Client must not repair or
attempt to repair the Equipment.
7. Repossession
7.1. We may retake possession of the Equipment if the Client breaches any provision of
these terms and conditions, notwithstanding anything else contained in these terms
and conditions.
7.2. If repossession takes place, We will only charge the Hire Fee up to and including the
time of repossession.
8. Special Conditions
8.1. If requested by Us, the Client is required to provide valid Australian photo identity and
current address details in order for the supply of Equipment for the Hire Period.
8.2. The Client is required to provide credit card details and authority to charge as security
for the return of Equipment and after the Equipment passes satisfactory inspection. If
there is any damage to the Equipment or component parts of the Equipment are
missing, We reserve the right to recover the costs of repairs, labour or replacement by
charging the provided credit card. Any charges will be notified to the Client prior to the
credit card being charged.
9. Australian Consumer Law (ACL) and Limitation of Liability
9.1. If the Client is deemed a Consumer within the meaning prescribed in the ACL, the
supply of Equipment for the Hire Period does not exclude any right, guarantees or
warranty permitted under the ACL.
9.2. Where possible, Our liability for breach of any guarantee, condition or warranty is
limited under the ACL to resupply of the Equipment for the Hire Period or the cost of
having the Equipment for the Hire Period resupplied.
9.3. To the maximum extent permitted by law, We excludes all terms, conditions,
guarantees, warranties or representations not expressly stated in these terms and
conditions. We specifically exclude liability for negligence.
9.4. We will not be liable for any special, consequential or indirect loss or damage (except
where We are unable to exclude or limit such loss or damage under the ACL),
including without limitation, loss of profit or opportunity or damage to goodwill arising
out of or in connection with the supply of Equipment for the Hire Period whether at
common law, under contract, tort (including negligence), in equity, pursuant to statute
or otherwise.
9.5. If the Client is not a consumer for the purposes of the ACL, we exclude all liability to
the Client, however arising, including by negligence.
10. Client’s Liability
10.1. The Client assumes all risks and liabilities for and in respect of the Equipment and for
all injuries to or deaths of persons and any damage to property howsoever arising from
the Client’s possession, use, maintenance, repair or storage of the Equipment.
11. Indemnity
11.1. To the maximum extent permitted by law, the Client releases and indemnifies Us and
Our Personnel from and against any liability or claim arising from the Client’s breach of
any provisions of these terms and conditions or the negligence of the Client or any
Personnel or clients of the Client.
12. Insurance
12.1. We will maintain current policies for product liability, public liability and equipment
insurance.
12.2. Where the Client is a business, the Client must maintain current policies for events
liability/public liability and workers’ compensation insurance.
13. Title to Equipment
13.1. The Client acknowledges that We retain title to the Equipment and the Client has rights
to use the Equipment as a mere bailee only.
13.2. The Client agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge,
mortgage, let or hire or otherwise part with or attempt to part with personal possession
or otherwise not to deal with the Equipment.
14. Non-merger
14.1. The covenants, agreements and obligations contained in these terms and conditions
will not merge or terminate upon the termination of these terms and conditions and to
the extent that they have not been fulfilled or satisfied or are continuing obligations
they will remain in force and effect.
15. Severance
15.1. If any provision of these terms and conditions is wholly or partly invalid, unenforceable,
illegal, void or voidable, these terms and conditions must be construed as if that
provision or part of a provision had been severed from these terms and conditions and
the parties remain bound by all of the provisions and part provisions remaining after
severance.
16. Governing law
16.1. These terms and conditions are governed by the laws of South Australia. Each party
submits themselves to the exclusive jurisdiction of the courts having jurisdiction in that
State.
17. Interpretation
17.1. In these terms and conditions, unless the context otherwise requires:
17.1.1. A reference to the singular includes the plural and vice versa;
17.1.2. A reference to any party to these terms and conditions includes the party’s
executors, administrators, successors or permitted assigns, and where
applicable, its servants and agents;
17.1.3. A reference to an individual includes corporations and vice versa; and
17.1.4. If a word or expression is defined, its other grammatical forms have a
corresponding meaning.
17.2. In these terms and conditions, headings are for convenience only and do not affect
interpretation.