Terms & Conditions

  1. In these Terms & Conditions:
    (a) ITF HIRE: means ITF Hire Pty Ltd ABN: 55 151 366 764 and its staff and ITF Portable Toilets Pty Ltd ABN 28 164 046 324 and its staff.
    (b) Equipment: means the material (Hoarding, Portable Toilet, Temporary Fence Panel, Temporary Fence Foot, Support Stay, Bracket incl. Nut and Bolt, Signage,
    Chains and Padlocks, Shade cloth), owned by ITF Hire and hired to the Hirer and are subject to these Terms & Conditions.
    (c) Hirer: means any person (over the age of 18), company or other legal entity hiring the Equipment from ITF Hire.
    (d) Rates: means:
    (i) The hire rates quoted by ITF Hire to the Hirer from time to time and
    (ii) Sale amounts should the Hirer wish to purchase any of ITF Hire equipment. Sale amounts are listed in 8.1 under Cost to replace Damaged or Lost Equipment
    (e) Delivery or Delivered: means the Equipment has been transported to a location as requested by the Hirer and agreed to by ITF Hire.
    (f) Contract: means any arrangements relating to rates agreed to by the Hirer and ITF Hire.
    (g) Security Agreement means the security agreement under the PPSA created between the Hirer and ITF Hire by these conditions of hire.
    (h) Security Interest has the meaning given to it by the PPSA
    2 Equipment
    2.1 The Equipment always remains the property of ITF Hire.
    2.2 The Hirer must never do anything in any way or form whatsoever which may lead any person to think the Equipment is not the property of ITF Hire. Should
    a third party take possession of any of the Equipment for any reason at all, the Hirer authorises ITF Hire to take any necessary action it sees appropriate to
    recover the Equipment at the cost of the Hirer.
    2.3 The hirer must not add any shade cloth, plastic, large banners/ signage etc on any temporary fencing unless bracing has been supplied and installed by ITF
    Hire which meets the specifications for the product you wish to place on the temporary fencing. Liability will NOT be accepted by ITF Hire if the fencing is
    changed after installation unless the request is undertaken by ITF Hire.
    2.4 The Hirer acknowledges that they or their representatives have received instructions on the use of the portable toilet.
    2.5 The Hirer acknowledges there is a minimum 4 week hire on Portable Toilets
    3 Hirer’s responsibilities for accepting and using the Equipment ordered
    3.1 The Hirer is responsible to acknowledge and verify that it has received the Equipment in good condition in the quantity ordered and has done so by accepting
    the order.
    3.2 The Hirer must ensure that the Equipment is only used in a safe manner and for its intended purpose.
    3.3 The Hirer must not deliberately damage or mistreat or allow Equipment to be deliberately damaged or mistreated.
    3.4 If any loss, theft or damage to the Equipment occurs, whether the Hirer was responsible or not, the Hirer must immediately notify ITF Hire and provide a full
    detailed list of the loss, theft or damage, and if demanded by ITF Hire, pay ITF Hire the cost of replacement or repair of Equipment in accordance with ITF Hire’s
    Cost to Replace Damaged & Lost Equipment Policy as listed below in 8.1
    3.5 The Hirer must ensure ITF Hire always has access to the equipment for servicing and maintenance or penalty fees will apply.
    4 Hirer’s Warranties
    4.1 Any person signing any document on behalf of the Hirer must be over 18 years of age and;
    (i) Warrants that they have the authority of the Hirer to contract with ITF Hire on the Hirer’s behalf.
    (b) Warrants that they have been authorised by the Hirer to bind the Hirer to hire the Equipment under these Terms & Conditions.
    (ii) Agrees to indemnify ITF Hire against all losses, costs and claims incurred by ITF Hire if that person or persons do not have that authority.
    4.2 If there is any variation to:-
    (i) any of the information supplied by the Hirer to ITF Hire including in any account application, or
    (ii) in the legal structure or management of the Hirer, including (but not limited to) change in directors or senior management or change in partnership or
    conversion to or from a company or to or from a trust, the Hirer must notify ITF Hire in writing within seven (7) days providing details of that change.
    4.3 Unless notice of variation or change is given and confirmed in writing by ITF Hire that such information has been received and the changes have been agreed
    by ITF Hire the original Hirer and Guarantors on the account application will remain liable to ITF Hire as though any goods or services supplied by ITF Hire were
    supplied to the original Hirer.
    5 Liabilities and Indemnities
    5.1 The Hirer is liable for all damages or loss (including consequential loss) whether caused by the Hirer or any other third party, arising directly or indirectly out
    of the use of the Equipment by or on behalf of the Hirer.
    5.2 The Hirer releases ITF Hire from all liability for any loss or damage it may suffer or arising out of the use of the Equipment, however caused.
    5.3 The Hirer agrees to indemnify and keep indemnified ITF Hire and ITF Hire’s employees, agents and contractors from all damages, suits, actions, claims and
    demands which they may suffer or incur either directly or indirectly arising out of the use, maintenance, and installation of the Equipment by the Hirer.
    5.4 The Hirer must not do or allow to be done any act, matter or thing which may invalidate or prejudice any;
    (i) insurance policy affected by ITF Hire,
    (ii) claim made by or against ITF Hire, or
    (iii) right ITF Hire may have against any person, arising directly or indirectly out of the use or possession of the Equipment by the Hirer.
    6 Location of Equipment
    6.1 The Hirer must not:
    (i) part with possession of the Equipment
    (ii) permit removal of the Equipment from the location at which ITF Hire installed it, without a written consent from ITF Hire.
    7 Default
    7.1 If the Hirer in any way fails to perform, observe, or keep to this Agreement, ITF Hire may at its discretion do all or any of the following:
    (a) terminate the hire agreement
    (b) declare the entire hire fee immediately due and payable and to commence legal action if necessary
    (c) retake possession of the Equipment, holding the Hirer fully liable for all hire and outstanding fees.
    8 Cost to replace Lost Equipment Policy
    8.1 The Hirer agrees that the current value and cost of the hired equipment is as follows excluding GST.
    I. Temporary Fence Panel $99.00
    II. Support Stays $28.00
    III. Temporary Fence Foot $28.00
    IV. Temporary Fence Bracket $3.60
    V. Crowd Control Barrier $99.00

8.2 The Hirer agrees that the cost disclosed in 8.1 will be referred to in situations where it becomes necessary for ITF Hire to replace the hired Equipment due
to breach of these Terms & Conditions by the Hirer. In this event, the Hirer agrees that ITF Hire may charge the Hirer the above value for each item.
9 Rates, Hire Period and Delivery
9.1 The hire period starts when the Equipment is delivered and set up and terminates when the Equipment is dismantled and picked up.
9.2 ITF Hire may charge a labor cost of $55 per hour excl GST per ITF Hire Installer for a delivery to an inaccessible site. This will be quoted and communicated
to the Hirer before any Equipment is installed.
9.3 During the hire period the Hirer must pay ITF Hire a hire fee which was calculated and agreed to by the Hirer prior to hiring the Equipment. The hire fee must
be paid as specified on an invoice issued by ITF Hire.
9.4 Not receiving an invoice will in no way relieve the Hirer of its responsibility for the payment of amounts due. Failure to pay amounts due within seven (7)
days of a debt becoming due for payment or such term otherwise agreed to in writing by ITF Hire will be considered a breach of these Terms & Conditions.
9.5 The Hirer must pay ITF Hire on demand on a full indemnity basis, all costs incurred in recovering any amount owed to ITF Hire by the Hirer.
9.6 The Hirer agrees to pay ITF Hire a service charge on all past due balances at the rate of 5% per month or part thereof.
10 Damage Waiver
10.1 If a damage waiver fee has been issued to the Hirer, ITF Hire agrees not to claim for damage to the Equipment caused by accident or collision from the
Hirer as long as the Hirer has shown that it has taken sufficient precautions to protect the Equipment
10.2 Expressly excluded from this waiver is
(a) loss or damage by mistreatment of the Equipment in contravention of the Terms & Conditions of hire
(b) theft, damage, or loss to items on which the waiver premium is not charged or where it has been charged but not paid.
11 Warranty Disclaimer
11.1 ITF Hire makes no warranties, expressed or implied, as to the suitability of any Equipment for any particular purpose. ITF Hire is not responsible to the Hirer
or to any other person for any loss (including consequential loss), damage, or injury, caused by, resulting from or in any way connected with, the Equipment, or
any defect in it.
11.2 ITF Hire will not be responsible for failure or delay in delivery, pick up, installation or removal due to any causes beyond its reasonable control and will have
no liability to the Hirer or any other person for any loss (including any consequential loss) arising out of such failure or delay.
12 ITF Hire’s Rights
12.1 ITF Hire may terminate all hire contracts and recover the Equipment at any time providing 24 hours’ notice to the Hirer.
12.2 ITF Hire may enter any premises where the Equipment is at the time, for any reason whatsoever and may exercise its right to take possession of the
Equipment for any reason whatsoever.
12.3 Nothing in this Clause 12 limits any rights ITF Hire may have in respect of the Equipment against the Hirer and against any other person at any time.
13 Changes to Terms & Conditions
13.1 ITF Hire may change these Terms & Conditions at any time. Changes will be advertised on its website www.itfhire.com.
13.2 The changed Terms & Conditions will apply to any hire of Equipment from the time the changes are advertised on ITF Hire’s website www.itfhire.com or
otherwise notified to the Hirer. Any such changes will not affect the validity or enforceability of the contract between ITF Hire and the Hirer in any way
14 Collection, Storage and Use of Information
14.1 The Hirer authorises and permits ITF Hire to collect, keep and use any information about the Hirer for the purposes of establishing whether or not a contract
can be made between the Hirer and ITF Hire.
14.2 ITF Hire will comply with the Privacy Act 1988 and the 10 National Privacy Principles.
14.3 ITF Hire’s Privacy Statement can be obtained by request at info@itfire.com.
15 Personal Property Securities Act 2009 (PPSA)
15.1 The customer acknowledges that this Contract constitutes a security agreement which creates a security interest in favour of ITF Hire in the hired items
(including all hire items previously supplied by ITF Hire to the customer, or for the Customer’s account).
15.2 The Customer agrees to grant a Personal Money Security Interest (hereinafter referred to as PMSI) in the hired items and all future items supplied to the
customer by ITF Hire.
15.3 The Customer agrees that the PMSI has attached to all hire items now or in the future supplied to the Customer by ITF Hire.
15.4 The Customer agrees to keep all hire times free of any charge, lien, or security interest except as created under this Contract and not otherwise deal with
the hire items in a way that will or may prejudice the rights of ITF Hire under the Contract or the PPSA.
15.5 The customer undertakes to sign any further documents and/or provide any further information (which information the Customer warrants to be complete,
accurate and current) which ITF Hire may reasonably require to enable registration of a financing statement or financing charge statement on the Personal
Property Securities Register (herein referred to as PPSR) or to ensure that the security interest is otherwise enforceable, perfected and effective.
15.6 The Customer undertakes to indemnify, and upon demand, reimburse ITF Hire for all costs and/or expenses incurred in registering, maintaining, or releasing
a financing statement or financing change statement on the PPSR.
15.7 The Hirer must not:
(a) create any Security Interest over the Equipment
(b) lease, hire, bail or give possession of the Equipment to another person
(c) permit the Equipment to become an accession to or commingled with any other asset of the Hirer or any other person; or
(d) change its name without first giving ITF Hire 14 days’ notice of the new name or relocate its principle place of business outside Australia or change its
place of registration or incorporation, directorship, or ownership.
15.8 The Hirer must do anything (such as obtaining consents and signing documents) which ITF Hire requires for the purpose of:
(a) enabling the ITF Hire to gain priority (or any other priority agreed to by ITF Hire in writing) for its Security Interest in the Equipment; and
(b) enabling the ITF Hire to exercise rights in connection with the Security Interest over the Equipment
15.9 Neither ITF Hire nor the Hirer will disclose information of the kind mentioned in Section 275(1) of the PPSA and the Hirer will not authorise, and will ensure
that no other party authorises, the disclosure of such information. This clause does not prevent disclosure where such disclosure is required under Section 275
of the PPSA because of the operation of Section 275(7) of the PPSA.
15.10 To the extent that Chapter 4 of the PPSA applies to any Security Interest under this Agreement, the following provisions of the PPSA do not apply and, for
the purposes of Section 115 of the PPSA are ‘contracted out” of under this Agreement:
(i) Section 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer); Section 96 (retention of accession).
Section 121(4) (notice to grantor); Section 125 Section 129(2); Section 130; Section 132(3); Section 132(4); Section 135; Section 142; and Section.
15.11 The Hirer waives its right to receive a verification statement under Section 157 of the PPSA.
15.12 The Hirer agrees to pay all expenses (including legal expenses on an indemnity basis) arising from the collection of overdue monies or registration,
maintenance, enforcement, or discharge of the Owner’s Security Interest in the Equipment. Such costs and legal expenses may be recovered as a liquidated
debt due and owing to ITF Hire.

  1. Portable Toilets
    16.1 An allowance of 30 minutes has been provided for the unloading/ loading of the truck on delivery and pick up. If the truck is held any longer on site,
    applicable waiting time charges will apply
    16.2 The Client is responsible for all fees, permits and certificates required by Local Council or any other statutory authority.
    17 The following additional charges may be applicable for Portable Toilets (excluding GST):-
    17.1 Emergency same day services incur an additional $120.00 plus GST fee.
    17.2 Extra labour charges where required will be charged at $55.00 plus GST per hour per person during normal working hours (7am-3pm Monday to Friday).
    17.3 Cleaning of a toilet that has been knocked down or blown over incurs an additional fee

17.4 It is the Hirer’s responsibility to ensure security of the premises where the toilet has been installed. Should any toilet be stolen this will result in a charge
determined by ITF Hire.
17.5 Any graffiti, paint splatter or concrete splatter on the toilet will result in a cleaning fee determined by ITF Hire.
17.6 Toilets will be serviced weekly/fortnightly. Any additional services incur a charge.
17.7 The toilet is always to remain in the original installation position. If the toilet is required to be repositioned on the site, this shall be carried out by ITF Hire
at the Hirer’s expense. The equipment is NOT to be moved/repositioned by any other person. If the Hirer does not adhere to this condition ITF Hire will not
accept any liability for any damage/ injury etc. incurred due to this breached relocation.
17.8 The toilet must be positioned/ Installed no more than 10 meters from truck access for servicing