MEET PAT – HIRE TERMS AND CONDITIONS
In these terms and conditions:
Person shall include a firm or corporation; Company shall, where the context admits or requires mean and include Products and Things Pty Ltd trading as Meet PAT™ ABN 42634465637 and/or any of its related bodies corporate as defined in Section 50 of the Corporations Act 2001 or any other person who or which is named as the party accepting the order. Equipment shall include products and services. Hirer shall mean the person to whom any quotation is made and shall include any person contracting or offering to contract with the Company on these terms and conditions.
1. The Company agrees to supply equipment to the hirer on the terms and conditions set out in this agreement.
2. The hirer acknowledges that the title to the equipment shall always remain with the company and the hirer understands that the agreement relates only to the use of the equipment not any purchase.
3. The equipment the company agrees to supply the hirer is set out in the quotation and final invoice.
4. The company takes no responsibility for the quality of the water delivered from the water source connection.
THE PARTIES AGREE:
1. The period of the hire term is set out at the time of booking;
2. In the event the hirer breaches any of the terms and conditions of the agreement, the company will serve on the hirer a notice in writing giving 7 days in which to rectify the breach. If the hirer does not remedy the breach, then the company may take possession of the equipment and claim for any outstanding costs or amounts owing to the company.
3. Notice may be served by either party by facsimile, email or post by registered mail.
4. This Order Schedule and Agreement contain all the terms and conditions agreed upon by the parties;
5. The charges under this agreement may change over time; however the company must give 7 days’ notice in writing before any increase in charges;
6. In the event, notice has been given of increase in charges, the hirer may terminate the agreement by giving 7 days’ notice in writing before the increase in charges has commenced;
7. It is the responsibility of the hirer to obtain any consent or approval from relevant government, statutory bodies or quasi-statutory authority in regards to the use and installation of the equipment and further, any cost involved with the consent or installation is to be born totally by the hirer.
8.The company reserves the right to withhold all monies paid if written notification has not been received up to 7 days prior to commencement of hire.
THE HIRER AGREES:
1. To pay the hiring charges on or before commencement of the hire term (unless agreed to the contrary by the company) including delivery and pick up charges and all charges incidental to the hirer.
2. If installation is required then it is the responsibility of the hirer to ensure the site is suitable for the installation of the equipment and further by giving clear access to enable the installation.
3. If the hirer is installing then it is the responsibility of the hirer to ensure the site is suitable for the installation of the equipment. Meet Pat takes no responsibility for incorrect assembly, setup or use and any damage to the equipment will be charged in full to the hirer.
4. All charges referred to in this Agreement must be paid within 30 days from the date of the invoice. If the invoice is not paid within this time stipulated the company may charge interest at the rate of 12% p.a.
5. That the duly authorized officers of the company will have access to and may enter premises where the equipment is located twenty four hours a day, seven days a week in all weather conditions to inspect, repair or otherwise lawfully deal with the equipment and further, if the hirer does not have the authority to grant permission to enter the aforementioned premises they will endeavour to facilitate with the lawful owner or tenant the entry by the company.
Further, the hirer agrees to allow the company to bring onto the property tools and equipment to facilitate the removal and service of equipment.
1. Not to make or permit any unauthorized alterations or attachments to the equipment, or any name plate thereon.
2. To return the equipment to the company at the expiration of the hire term in the same condition as when the hirer first received it and further, will be responsible for any loss or damage to the equipment.
3. To hire adequate and sufficient equipment to ensure the capacity of each item of equipment may operate efficiently and is not overburdened.
4. The equipment remains the responsibility of the hirer until the company regains possession of the equipment, even though the hirer may have terminated the hire.
5. When the equipment is ready for pick up by the company at a date agreed upon by the parties, the hirer will ensure the company has full access to the site. Whilst the company will endeavour to collect the equipment on the day specified, sometimes this is not possible; therefore the company will endeavour to pick the equipment up as soon as possible.
6. The company is not responsible for any loss of business, profit, earnings or takings or out of pocket expenses or disbursements whatsoever arising out of and including delay or failure to provide or deliver the equipment and further, will not take any action against the company for the aforementioned delay or non-delivery.
7. The company is not responsible for any loss of business, profit, earnings or takings or out of pocket expenses or disbursements whatsoever arising out of the drinking water quality. The company maintains and cleans the equipment to the highest standard to ensure no contaminants in the water lines. It is the hirers responsibility to ensure the water source is potable.
8. The Company provides cleaning and maintenance service, advice and guidelines to keep the equipment in the best possible condition. It is the responsibility of the hirer to keep the equipment in a hygienic, clean and safe working order. The Company is not responsible for any loss of business, profit, earnings or takings or out of pocket expenses or disbursements whatsoever arising out of not maintaining the equipment as specified by the Company. A failure from the Purchaser to not clean, maintain, or store the units as specified by the Company could result in damage charges.
THE COMPANY AGREES:
1. To install the equipment referred to in the order and provide service for the equipment provided the hirer pays for any repairs, maintenance, adjustments, replacement parts and labour.
2. To provide a service in a professional and courteous and timely manner as long as it is within the power of the company to do so.
In the event the equipment is damaged when in the possession of the hirer, the hirer agrees to pay for each individual item of equipment damaged and this includes but is not limited to,
1. Mysterious disappearance; or
2. Where equipment is not adequately secured; or
3. Burglary or theft; or
4. Misuse, abuse, willful and malicious acts and reckless and negligent use of equipment; or
5. Graffiti, posters, stickers; or
6. Equipment damage is beyond repair;
7. And the hirer is responsible for the full replacement value including cost of removal or transport associated with the replacement of equipment.