Last updated December 2018.
TERMS AND CONDITIONS OF HIRE | TIMBERMILL RENT
This hire agreement is made between Timbermill Pty Limited ACN 167 686 160 t/as Timbermill Designs ABN A.B.N. 78 653 424 119 of 70 Shepherd St, Marrickville, New South Wales 2204 (Timbermill) and the individual or company (you) referred to in the quotation supplied by Timbermill to Hirer (Quotation).
01 RENTAL QUOTE
The Quotation sets out a number of important terms including the items of furniture and any other items to be hired (Hire Items), the hire period and delivery times and the cost of the hire. When you accept the Quotation via Timbermill’s online link or as otherwise agreed between Timbermill and you, you accept that these terms and the information in the Quotation are correct.
When you confirm your acceptance of the Quotation via Timbermill’s online link or as otherwise agreed between Timbermill and you, a binding agreement is made between us. The terms of the Quotation and these Terms and Conditions of Hire together form the entire agreement between Timbermill and you (Agreement) and supersede any terms that you have proposed.
03 THE HIRE CHARGES SHALL INCLUDE ALL:
- The price for each of the Hire Items, delivery address (Premises) service fees, transport costs, GST, credit card fees and any other charges agreed between the parties are set out in the Quotation (Hire Charges).
- If any Hire Item is lost or not returned in the same condition as it was supplied by Timbermill, with an allowance for what Timbermill considers is fair wear and tear, you agree to pay the cost of replacing the Hire Item if lost or the cost of cleaning, repairing or replacing (in the case of Hire Items that cannot be cleaned or repaired) any damaged Hire Items. You agree to pay such costs within 7 days of receiving an invoice from Timbermill.
- When you accept the Quotation Timbermill will send you an invoice setting out the Hiring Charges. You must pay the 50% non-refundable deposit within 7 days of the date of the invoice. You must pay the remaining 50% of the Hire Charges no later than 14 days before the commencement of the Hire Period (as defined in clause 5.2).
- In the event that you require the Hire Items to be available less than 14 days after payment of the non-refundable deposit, you must pay 100% of the Hire Charges when you accept the Quotation and return a signed copy of the Quotation to Timbermill.
- If you pay an invoice less than 24 hours before the Hiring Period commences, you must pay via credit card and ensure that there is sufficient credit on the card you use to cover the payment.
- You must not set off against or deduct from the Hire Charges any sums owed or claimed to be owed to you by Timbermill.
05 HIRE ITEMS AND PERIOD OF HIRE
- The description, illustration and performance of any item contained on Timbermill’s website or in any marketing material, price list or advertising does not form part of this Agreement unless expressly stated otherwise.
- The Hire Items will be hired exclusively to you for the period of hire (being event start date to the event end date) as set out in the Quotation (Hire Period).
- Timbermill reserves the right to substitute any Hire Item with a similar item if the Hire Item is not available for delivery or collection at the start of the Hire Period.
Once you have accepted the Quotation, Timbermill must agree in writing to any requests you have to vary the Agreement including the addition of any items or the extension of the Hire Period. Timbermill is under no obligation to give its agreement and will not be liable to you if it does not agree to the variations requested. If Timbermill does agree, a revised quotation will be sent to you. You will need to confirm in writing that the revised quotation is correct at which time it will form part of this Agreement.
07 CONDITION OF HIRE ITEMS
- All Hire Items are properly maintained by Timbermill. Timbermill warrants that the Hire Items are in good working order and fit for the purpose for which items of that kind are commonly supplied.
- Timbermill takes no responsibility and does not give any warranty or guarantee (save for any warranty or guarantee required to be given pursuant to the Australian Consumer Law) with respect to the acceptability or suitability of the Hire Items for the purposes for which you hired the Hire Items.
- You must inspect the Hire Items on delivery. It is your responsibility to inspect the Hire Items on receipt to ensure that all Hire Items are in good working order and fit for the purpose for which you hired them. You must notify Timbermill within 8 hours of receiving the Hire Items if they do not meet the warranty given above.
08 SUPPLY AND RETURN OF HIRE ITEMS
- You can either collect the Hire Items from Timbermill or have them delivered to the Premises. You can also choose to return the Hire Items to Timbermill or have Timbermill collect them from the Premises. The Quotation includes the details of the choices you have made and any additional charges for delivery or collection by Timbermill.
- Depending on the choices you have made, Timbermill will confirm with you the date and time window for when the Hire Items can be collected, when they will be delivered to the Premises, when the Hire Items will be collected from the Premises or when you can return them to Timbermill. Timbermill tries to work within the times you have indicated but will not be liable for any failure or delay in the supply, delivery or return of the Hire Items.
- When the Hire Items are supplied to you, you must have given Timbermill prior, clear and written instructions as to where on the Premises you want the Hire Items left and either you or your authorised representative named in the Quotation, must be at the Premises to accept delivery of the Hire Items. If neither you nor your authorised representative can be present, it is your responsibility to authorise an alternate representative to sign the delivery docket. You must give Timbermill no less than 24 hours’ written notice of the appointment of an alternate representative together with their name and contact number.
- Timbermill is not liable to you or to any third party if you have not told us where you want the Hire Items left in accordance with clause 8.3, or you or your authorised representative, is not present at the Premises when the Hire Items are delivered, and you have not notified Timbermill of your alternate representative.
- Where you have chosen to collect the Hire Items from Timbermill you must, at least 3 days’ before your nominated date of collection, provide Timbermill with written notice of the proposed date of collection of the Hire Items and a contact telephone number for you or your authorised representative. Timbermill reserves the right at any time to refuse any carrier or person that you have chosen to collect the Hire Items.
- If you have chosen to return the Hire Items to Timbermill, they must be returned on the date and by the time set out in the Quotation. If you do not return the Hire Items by this time, Timbermill will charge you the daily fee per item as set out in the Quotation or as otherwise notified to you from the time the Hire Items should have been returned until the time the Hire Items are returned to Timbermill.
- Where Timbermill is responsible for delivering and/or collecting the Hire Items from the Premises, you must ensure that there is suitable access at the Premises. If the access is not suitable, Timbermill has no obligation to deliver or collect the Hire Items. If the Hire Items are not ready for collection at the designated time or the Premises cannot be accessed for delivery or collection of the Hire Items within thirty minutes of the designated time, you will be charged a waiting fee or additional hire charges in accordance with Timbermill’s daily hire charges until the Hire Items can be delivered or collected.
- When you choose to pick up Hire Items from or return Hire Items to Timbermill, you are responsible for making sure that the vehicle and personnel you send are appropriate for the Hire Items being picked up or returned and including the loading or unloading of the Hire Items onto or from the vehicle you are using to transport the Hire Items and for securing the Hire Items properly in the vehicle. Timbermill is not liable for any damage or loss suffered by you or your nominated carrier in connection with the pick up or return of Hire Items. Timbermill reserves the right at any time to refuse to allow any carrier or person that you have chosen to pick up or return the Hire Items if in Timbermill’s reasonable opinion, it would be unsafe or dangerous for that person to do so.
The Hire Items are owned by Timbermill and title does not pass to you even if you become bankrupt, you are unable to pay your debts as they fall due, a liquidator is appointed or there are any other indications that you are insolvent.
Risk in the Hire Items is borne by you from the time you collect the Hire Items or the Hire Items are delivered to the Premises until you return the Hire Items to Timbermill or Timbermill collects them from the Premises.
You must not sell, offer for sale, part with possession of, mortgage, assign, transfer, charge, encumber or otherwise deal with the Hire Items.
You hold the Hire Items as bailee only for Timbermill during the Hire Period.
You acknowledge that Timbermill has a security interest in the Hire Items for the purposes of the Personal Properties Securities Act 2009 (Cth) (PPS Act) and to the extent applicable the PPS Act applies. To give effect to the above, you consent to Timbermill affecting a registration on the Personal Properties Security Register (PPSR) (in any manner Timbermill considers appropriate) in relation to any security interest arising under or in connection with this Agreement or any hire agreement and you agree to provide all assistance reasonably required to facilitate this. You also undertake to do all things, including executing any new document or providing any information that is required by Timbermill to allow Timbermill to acquire and maintain a perfected security interest under the PPS Act in respect of the Hire Items and its proceeds, so that Timbermill may register a financing statement or financing change statement and to ensure that our security position, and rights and obligations are not adversely affected by the PPS Act.
10 HIRER’S RESPONSIBILITIES
- You must:
- keep the Hire Items in proper working order and in the condition in which they were supplied to you;
- store the Hire Items safely and securely and protect from theft, seizure, loss or damage;
- allow Timbermill (or a nominated person) to enter the Premises to inspect the Hire Items, at any times during the Hire Period;
- notify Timbermill immediately if there is any loss or damage to any of the Hire Items;
- compensate Timbermill for the cost of repair of any Hire Items that are damaged (other than through fair wear and tear) and are capable of repair;
- pay Timbermill for the replacement cost of any of the Hire Items that are lost or damaged beyond repair;
- pay any additional costs incurred by Timbermill due to the loss or damage of any of the Hire Items; and
- only use the Hire Items for their intended use and in accordance with any instructions for use provided to you by Timbermill.
- You must not:
- not alter, tamper, damage or repair the Hire Items without Timbermill’s written consent;
- not remove the Hire Items from the Premises without Timbermill’s prior written consent;
- not give any of the Hire Items to a third party for their use;
- tamper with, obliterate, cover up or remove any words or signs affixed to the Hire Items by Timbermill.
- You must maintain at your own expense during the Hire Period all appropriate policies of insurance (including by way of example, but not limited to public liability insurance, workers compensation insurance, business insurance or contents insurance). You must, before the Hire Items are supplied to you, produce on request by Timbermill, certificates of currency of insurance or other documents that Timbermill considers appropriate to establish you have taken out the required insurance cover.
- If any of the Hire Items are lost or damaged in circumstances where a claim can be made upon insurance effected by Timbermill then you must:
- provide all necessary co-operation to Timbermill, the Police and the insurer in respect of any claim; and
- immediately upon demand, pay to Timbermill any excess payable by Timbermill on the insurance effected by Timbermill.
- The above provision does not in any way affect your liability for any loss or damage to the Hire Items or any monies payable under this Agreement.
12 TERMINATION AND ACCESS FOR REPOSSESSION OF QUOTE ITEMS
- Either party may terminate this agreement immediately by notice in writing to the other party:
- if that other party breaches a material term of this Agreement and fails to remedy the breach within 7 business days after being given notice of the breach;
- if that other party breaches a material term of this Agreement which is not capable of remedy; or
- the other party becomes bankrupt, insolvent, or is placed in liquidation, administration or receivership.
- Without adversely affecting Timbermill’s other right and remedies, on termination of this Agreement, for any reason:
- you must provide Timbermill with all reasonable assistance in locating and collecting the Hire Items;
- you agree that Timbermill or its employees or agents are entitled to enter the Premises, or any other premises at which the Hire Items are located, and re-take possession of the Hire Items; and
- you will indemnify Timbermill, its directors, employees and agents, against any liability, damage, loss, cost, charge or expense incurred by Timbermill arising directly or indirectly out of Timbermill exercising this right of entry.
- Any provisions of this Agreement which by their nature should survive termination or expiration of this Agreement, will be deemed to survive termination or expiration of this Agreement and continue to bind the parties.
- Subject to the prior written consent and agreement between Timbermill and you as to the sale price of any Hire Item, Timbermill may at your request, agree to sell the Hire Items to you at the expiry of the Hire Period. The Hire Items are not in any other circumstances offered for sale. If Timbermill sells the Hire Items to you, ownership of the Hire Items will remain with Timbermill until all amounts owing by you are paid in full.
12 INDEMNITY AND LIMITATION OF LIABILITY
- Except as expressly set out in this Agreement, and subject to any terms, guarantees, warranties or conditions that by law may not be excluded, all representations, conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to the hire of the Hire Items are excluded.
- If Timbermill is liable for the breach of an imposed or implied term, guarantee, warranty, representation or condition, Timbermill’s liability is, at its option, limited to the replacement of the Hire Items or the supply of equivalent items.
- To the maximum extent permitted by law, the aggregate liability of Timbermill under or in relation to this Agreement (including indemnities) arising out of all or any act, omission or event or series of related acts, omissions or events will not exceed the dollar value of the Hire Charges that you have paid under this Agreement.
- To the maximum extent permitted by law, Timbermill will not be liable for any special, indirect or consequential loss or damage (including personal injury or death), loss of profit or opportunity whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise arising out of or in connection with the supply or use of the Hire Items, including as a result of not being able to use the Hire Items or the late or non-supply of Hire Items.
- You agree to defend, indemnify and hold harmless Timbermill, its directors, employees, agents and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties against Timbermill arising out of your use of the Hire Items.
13 FORCE MAJEURE
Timbermill will not be liable for the consequence of any circumstance reasonably beyond Timbermill’s control, which affects its obligations under this Agreement
A notice given under this Agreement must be in writing and sent to the recipient at the address specified on the Quotation. A notice is deemed to be received:
- if sent by hand, when delivered to the addressee;
- if by post in Australia, 5 Business Days from and including the date of postage/on delivery to the addressee; or
- if by email, on receipt by the sender of an acknowledgement or return receipt;
but if the delivery or receipt is on a day which is not a business day or is after 5:00pm (addressee’s time) it is deemed to be received at 9:00am on the following business day.
- This Agreement is governed by the laws of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that state.
- This Agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this Agreement
- If part or all of any of this Agreement is illegal or unenforceable it will be severed from this Agreement and will not affect the continued operation of the remaining provisions of this Agreement.
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