HIRE TERMS & CONDITIONS OF USE
House of Harvey co. Hire Pty Ltd | ACN 634 931 945
House of Harvey co. Hire, We, Us, Our and similar expressions, refers to House of Harvey Co Hire Pty Ltd A.C.N. 634 931 945, and where applicable its Related Bodies Corporate. You, the Hirer, and similar expressions, refers to the person, corporation, trust or hiring any item, furniture or decoration from Us and whose name appears in the Delivery Documents and responsibility and liability under this agreement resides with you. Emergency/afterhours telephone numbers can be found at our website. These conditions prevail even if they are inconsistent with anything in any earlier or later order form or similar document. Any quotation, delivery docket or any hire schedule form part of these terms, whether signed by You or not (together with the terms, the Agreement). In return for us agreeing to consider your order you agree that these conditions apply if we do not accept your order or if we do not supply you with Goods. We are not obliged to accept any orders from you, but if you do place an order with us then it becomes binding from the moment that we accept it even if we do not tell you that it has been accepted. Any quotation is merely an invitation to you to place an order with us. If you offer to hire goods based on a quotation from us, then your offer is subject to these conditions. You should read and consider carefully these terms and conditions before taking delivery. For the purposes of this Agreement, ‘Goods’ shall mean any and all items of furniture, cutlery, crockery or equipment described in the quotation or provided to You whatsoever pursuant to this Agreement.
1. HIRE PERIOD & KEY HIRE TERMS
1.1. The period of hire of the Goods shall commence on the earlier of the date on which You take possession or on delivery of the Goods to the address nominated by You. The period of hire will continue for the period of hire specified in House of Harvey co. Hire's quote to Hirer ("Minimum Hire Period") or the later of (i) the date on which House of Harvey co. Hire collects the Goods from Hirer or (ii) the date on which House of Harvey co. Hire accepts the return of the Goods from Hirer, whichever is the longer ("Hire Period"). The Hire Period includes all Weekends and public holidays. If a fixed period has been agreed, You may only change the Hire Period with our written consent.
1.2. We agree to hire You the Goods on an exclusive basis in good working order, free from defects. We hire our Goods by specification and We guarantee that they are fit for the purpose for which goods of that kind are commonly supplied. You decide what specific purpose to use them for. Unless specifically stated in writing on the quotation, We take no responsibility and give no warranty (save for any ACL Warranty), for the suitability of the use of the Goods and You agree that before taking possession of the Goods, that You
have satisfied Yourself as to the suitability, condition and fitness for the purpose that You intend to Use them. 1.3. Any extension to the Hire Period is subject to House of Harvey co. Hire's prior agreement and House of Harvey co. Hire is not liable if for any reason the Goods are not available for hire after the expiry of the Minimum Hire Period.
2.1. House of Harvey co. Hire always remains the owner of the Goods. Hirer holds the Goods as bailee only during the Hire Period. We retain title to the Goods even if You go into bankruptcy or liquidation during the Hire Period.
2.2. The Goods shall be at Hirers risk from delivery or collection by You (whichever is the sooner).
3. HIRE FEES
3.1. Hirer must pay the hire fees specified in House of Harvey co. Hire's quote to You ("Hire Fees") for the duration of the Hire Period and in accordance with this Agreement.
3.2. Unless otherwise agreed, the Hire Fees are due in advance.
3.3. The Hire Fees shall include all (i) delivery, collection or installation costs and charges (ii) cleaning or repair charges if the Goods are not returned in clean and good condition (iii) stamp duty or GST (if applicable) (iv) credit card charges and (v)any other charges or costs described in our quotation to You.
4. PAYMENT TERMS & GST
4.1. Unless expressly stated otherwise, all payments must be paid in advance of the date of the invoice from House of Harvey co. Hire. If Hirer has given House of Harvey co. Hire a credit card authority or account debit authority, Hirer authorises House of Harvey co. Hire to debit all fees and charges payable and due in accordance with these Terms to Hirer's card or account. Failure by the credit card provider to honour such changes shall not relieve Hirer from personal responsibility for such charges.
4.2. If requested by House of Harvey co. Hire, Hirer must pay to House of Harvey co. Hire any amount as is described in the quotation as a security deposit ("Security Deposit"). Without limiting any other of House of Harvey co. Hire's rights or remedies, House of Harvey co. Hire is entitled to debit the Security Deposit for any outstanding Hire Fees (including without limitation costs and charges for recovery) and/or for cost of any damage or loss to the Goods. House of Harvey co. Hire will refund the balance of any Security Deposit within 14 days of a written request conditional upon the Goods having been returned to House of Harvey co. Hire and if and only if, all outstanding Hire Fees and other charges due to House of Harvey co. Hire under this Agreement are paid in full.
4.3. You acknowledge that We have a security interest in the Goods for the purposes of the Personal Property Securities Act (Cth) (PPS Act) and to the extent applicable the PPS Act applies. To give effect to the above, Hirer consents to Us affecting a registration on the Personal Properties Securities Register (PPSR) (in any manner We consider appropriate) in relation to any security interest arising under or in connection with this Agreement or any hire agreement.
4.4. If an amount is due under this Agreement but is unpaid, interest shall be due on the overdue amount at the rate of 1.5% per month, calculated daily from the due date until payment is received in full and if required, the Goods have been returned in accordance with these Terms. Hirer will be liable for all additional costs incurred by House of Harvey co. Hire in recovering unpaid amounts including the cost of legal and or mercantile agent fees.
4.5. The Hire Fees, delivery charges and any other taxes and charges due under these this Agreement (together the "Charges") are exclusive of GST, which must be paid by Hirer in addition to the Charges.
4.6. Despite anything else in this agreement to the contrary, to the extent that We are liable to pay GST in connection with any taxable supply pursuant to this agreement (the affected supplies)-
4.6.1. We may add to each of the amounts payable by You for the affected supplies, an allowance in respect of
GST as reasonably calculated by Us (for past, present or future GST liabilities) and You must pay Us the higher amount which results.
4.6.2. We may make a further charge after termination, being a further allowance in respect of any remaining GST as reasonably calculated by Us and You must also pay Us that charge.
4.6.3. Any amount payable under this agreement, including an amount payable because of the previous provisions, remains payable whether or not there is disclosure of any amount included on account of GST.
4.6.4. We must comply on demand with our obligations in relation to the issue of any relevant tax invoice to You.
4.7. In the event that the Hirer is a partnership, corporate entity or the Trustee of a Trust, the person/persons who opens the account and/or who signs the Delivery Documents thereby acknowledges and confirms that person/persons has/have the authority to bind the partnership/corporate entity/Trustee of the Trust and that the partnership/corporate entity/Trustee of the Trust, is bound in accordance with these Terms and Conditions.
5. DELIVERY & RETURN
5.1. Upon delivery, collection or return of the Goods, Hirer must check the Goods and quantities delivered (or returned). If there are any discrepancies between the Goods delivered and the quoted order or return docket, the Hirer must note them at the time of delivery or collection by amending the relevant documents In the presence of a House of Harvey co. Hire representative.
5.2. In the event that the Goods are to be collected by the Hirer from House of Harvey co. Hire's premises or in the event that House of Harvey co. Hire is to collect Goods from the Hirers address, Hirer must provide House of Harvey co. Hire three (3) business days prior written notice by text or email specifying the date proposed date of collection, name of a representative of the Hirer (who must be present), name of the intended carrier, contact telephone number, and quantity and nature of Goods to be collected. House of Harvey co. Hire will confirm the date for collection with Hirer. Goods may/will not be collected until a written confirmation is provided by House of Harvey co. Hire.
5.3. House of Harvey co. Hire will endeavour to effect delivery and collection of the Goods at the times indicated by Hirer but will not under any circumstances be liable for any delay in delivery or collection or for failure to deliver or collect. House of Harvey co. Hire reserves the right at any time to refuse any carrier of the Hirer.
6. YOUR OBLIGATIONS TO US
6.1. Hirer must:
6.1.1. keep the Goods in proper working order and condition;
6.1.2. store the Goods safely and securely and protected from theft, seizure, loss or damage;
6.1.3. not alter, tamper, damage or repair the Goods without our written consent;
6.1.4. not remove any label, identifying mark or safety instruction from the Goods;
6.1.5. not remove the Goods from the location described in the quotation;
6.1.6. allow Us (or our nominated person) at any time during the Hire Period, to enter the premises where the Goods are stored to inspect the Goods;
6.1.7. notify Us immediately if there is any loss or damage.
6.2. If the Goods are damaged (other than fair Wear and tear) and capable of repair, Hirer must compensate House of Harvey co. Hire for the cost of repair. If the Goods are lost or damaged beyond repair, Hirer must pay House of Harvey co. Hire the new replacement cost of the Goods and any other costs incurred by House of Harvey co. Hire due to the loss or damage of the Goods.
6.3. A Hirer will maintain at its own expense, during the Hire Period, all appropriate policies of insurance including, but not limited to, insurance for fire damage and theft.
6.4. Hirer must not sell, offer for sale, part with possession of, mortgage, assign, transfer, charge, encumber or otherwise deal with the Goods or these Terms in any way without House of Harvey co. Hire's prior written consent.
6.5. In the event that the Goods are lost or damaged in circumstances where a claim can be made upon insurance effected by House of Harvey co. Hire pursuant to these Terms then the Hirer must:
6.5.1. Report the damage or loss to House of Harvey co. Hire and the Police (If appropriate) immediately upon the Hirer becoming aware of such loss or damage;
6.5.2. Provide all necessary co-operation to House of Harvey co. Hire, the Police and the insurer in respect of any claim;
6.5.3. Immediately upon demand pay to House of Harvey co. Hire a minimum excess of $750 per claim;
6.5.4. This provision does not in any way affect the Hirer's liability for any loss or damage to the Goods or any monies payable pursuant to those Terms.
7. PPS ACT
7.1. Hirer waives the right to receive any notice under the Act (including notice of a verification statement) unless the notice is required by the Act and cannot be excluded.
7.2. Hirer acknowledges that if our interest under this Agreement or any hire agreement is a security interest for the purposes of the Act:
7.2.1. that security interest relates to the Goods and all proceeds of any kind; and
7.2.2. each hire agreement is a security agreement for the purposes of the Act.
7.3. We may in our absolute discretion perfect any security interest held by Us against any third party on whose site the Goods are located in any manner that We consider appropriate to protect our interest in the Goods.
7.4. If requested by Us, Hirer must provide Us with all details as to the location of the Goods and the identity of any sub-lessee or third party that has been given possession.
7.5. (Subject always to our consent) If the Hirer sub-leases or provides the Goods to a third party the Hirer must do everything required to ensure that the Hirer's security interest has attached and is perfected by registration on the PPSR.
8. SALE O F GOODS
9. TERMINATION OF ACCESS FOR REPOSSESSION
9.1. Without affecting any other rights House of Harvey co. Hire may have, House of Harvey co. Hire may terminate these Terms at any time without liability to Hirer if Hirer (i) breaches these terms. (ii) fails to pay any amount when due, or (iii) becomes bankrupt, insolvent, or is placed in liquidation, administration or receivership, and in any such case House of Harvey co. Hire may repossess the Goods.
9.2. Without adversely affecting House of Harvey co. Hire's other rights and remedies, upon termination of these Terms for any reason and/or upon expiry of the Hire Period (i) Hirer must provide House of Harvey co. Hire with all reasonable assistance in locating and collecting the Goods; and (iii) Hirer acknowledges and agrees that House of Harvey co. Hire or its employees or agents shall be entitled to enter Hirer's premises where the Goods are, or House of Harvey co. Hire reasonably believes the Goods are, in order to re-take the possession of Goods. Hirer indemnifies House of Harvey co. Hire against any liability, damage, loss, cost, charge, or expense arising directly or indirectly out of House of Harvey co. Hire exercising this right of entry.
9.3. If the Goods are not returned to House of Harvey co. Hire in the condition they were provided to the Hirer (subject to reasonable wear and tear) at the expiry of the Hire Period, or within seven (7) days of House of Harvey co. Hire making written demand, Hirer must pay House of Harvey co. Hire the new replacement cost of the Goods and any other costs incurred by House of Harvey co. Hire due to the loss of the Goods.
10. FORCE MAJEURE
House of Harvey co. Hire will not be liable for the consequences of any circumstance reasonably beyond House of Harvey co. Hire's control which affects its obligations under this Agreement.
From time to time We may change or vary this Agreement. We will give You 28 days written notice of our intention do so and if You reasonably believe that the varied terms are detrimental to Your rights You may terminate this Agreement without penalty but only on the condition that a notice of termination is received by Us in writing within 28 days from Your receipt of our intention to vary these terms. Otherwise, a variation may only be made in writing by each of Us.
12. INDEMNITY & LIMITATION OF LIABILITY
12.1. All guarantees, terms, conditions, warranties, undertakings or representations express or implied in any way relating to this Agreement are excluded to the maximum extent permitted by law. Notwithstanding this, nothing in this Agreement restricts or modifies any right or remedy including any guarantee imposed or implied under the Australian Consumer Law (if applicable) which contains guarantees to protect consumers of certain goods and services.
12.2. To the extent that We are able to determine the same our liability for breach is limited to (at our sole discretion):
12.2.1. in the case of Goods, the repair or replacement of the Goods or the supply of substitute Goods (or the cost of doing so); or
12.2.2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
12.3. Save for any liability that We may not exclude, to the maximum extent permitted by law, our liability for all claims arising under this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, is limited to an amount equal to the Hire Fees paid by You under this Agreement.
12.4. Subject to the provisions of this Clause 12, We are not liable for any consequential, indirect or special loss or damage, loss of profits, loss of business, business interruption, costs or amounts that You are liable for arising out of any loss suffered by third parties under or relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
12.5. You must indemnify Us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis), whether incurred against or by Us in respect of:
12.5.1. personal injury;
12.5.2. damage to tangible property; or
12.5.3. a claim by a third party,
12.6. in respect of Use of the Goods. To the extent that our loss is caused by our negligence, Your liability is diminished.
13.1. For the purposes of this clause, Confidential Information means all confidential, non-public or proprietary information of one party (the Disclosing Party) regardless of how it is stored, delivered, provided to or learnt by the other party (the Receiving Party) in relation to this Agreement, but does not include excluded information such as information that is or becomes available in the public domain other than through breach of this Agreement or an obligation of confidence owed to the Disclosing Party or that was already known to the Receiving Party at the time of disclosure or that the Receiving Party acquires from a source other than the Disclosing Party. Confidential Information includes all pricing and related terms pertaining to the provision of Services under this Agreement.
13.2. Neither party may disclose any Confidential Information to any person without the other party’s written consent, except to Representatives requiring the information for the purposes of, and in accordance with, this Agreement, or if either party is required to do so by law or an Exchange or in connection with legal proceedings relating to this Agreement.
13.3. This clause survives termination (for whatever reason) of this Agreement.
These Terms are governed by the laws of the relevant State of Queensland and each party submits to the non-exclusive jurisdiction of the courts of that State. A provision of or right created under this Agreement will not be waived by House of Harvey co. Hire or varied except in writing signed by an authorised representative of House of Harvey co. Hire. A waiver by House of Harvey co. Hire of a provision will not waive any other provision of this Agreement or constitute a continuing waiver unless expressly provided. If a provision or right or remedy of a party under this Agreement is void or unenforceable for any reason than that part will be read down or severed from this Agreement without affecting the validity or enforceability of the remaining provisions. You are not entitled to set off against or deduct from the price any sums owed or claimed to be owed to You by Us. The description, illustration and performance of any product contained in our catalogue, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this agreement. We may complete any blanks on any form on Your behalf.