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 firstname.lastname@example.org.
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.
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