EQUIPMENT HIRE, SALE & SERVICES TERMS
This document is part of an agreement governing all hires, sales and services which you our customer may request and which may be provided by Shore Hire Pty Limited ABN 54 129 593 102, Shore Sales Pty Limited ABN 40 144 933 693 or any of their related bodies corporate (we or us). You are bound by these terms because you have signed an agreement including or incorporating them; or because you have requested a sale or hire of Equipment or the provision of Services after being given a copy of these terms; or because you agreed to be bound by these terms when making an Application.We may in our absolute discretion terminate this agreement and/or decline to sell or hire Equipment or provide services to you at any time.
1. WHAT TERMS MEAN
Account Facility means any billing arrangement agreed between us and you.
Add-ons means our additional charges for things other than the hire and includes charges for delivery or pick-up, installation, rigging, engineering services, consumables and such other matters as we notify from time to time.
Application means any application for an Account Facility of which these Terms form part.
Authorised Person means such persons as may be authorized by you, or who reasonably appear to us as being so authorized, to accept delivery of services or Equipment.
Claim means a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, however arising and whether ascertained or unascertained.
Commencement Date means in respect of a hire the earlier of the date of delivery or the date specified in the relevant Schedule.
Daily Rate means our daily charge for hire of the Equipment as specified in a Schedule or as otherwise agreed with or notified to you by us, or in the absence of specific agreement or notification, the applicable rates generally published or applied by us.
Equipment means the goods sold or hired to you under this document which may include:
Hire Charges means the amount payable to us by you for the use of the Equipment determined in accordance with these Terms.
Hire Period means the period (including any weekends or public holidays) commencing on the Commencement Date and ending on the Off Hire Date.
Intellectual Property Rights means all registered or unregistered intellectual property rights including but not limited to patents, copyright, trademarks or service marks, trade names, brand names, registered designs and commercial names and designations in respect of the Equipment or anything done as part of provision of Services and includes any application or right to apply for any of those rights.
Minimum Hire Period means the minimum period for which Hire Charges must be paid regardless of the actual Hire Period.
Off-Hire Date means the date when:
PPS Law means the Personal Property Securities Act 2009 (Cth).
Purchase Price means the amount payable to us by you on the sale of any Equipment.
Schedule means a schedule, quote, invoice, equipment receipt docket (ERD) or other document which we may issue and/or require you to sign to hire or purchase particular Equipment and which includes particulars of the Equipment, the Hire Period, Purchase Price and such other information as we may decide to require.
Services means services provided by us to you including engineering and other Add-ons in relation to the Equipment.
Sundry Charges means the costs of all oil, grease, cartage, cleaning, repainting, repair, replacement in respect or Equipment not returned or damaged in our opinion beyond repair and such other costs as we may incur relating to your use of the Equipment. Where applicable, these charges will be determined in accordance with our schedule of standard sundry charges as varied from time to time.
Weekly Rate means the Daily Rate multiplied by seven.
Also, unless the context otherwise requires: