In these terms and conditions:
Agreement means this document and the terms and conditions contained herein which shall apply to each and every transaction conducted between You and Us.
Business Day means a day that is not a Saturday, Sunday, bank holiday or public holiday in Victoria, Australia.
Charged Property means all rights, property, title, estate and interest of whatever kind and wherever situated, and whether present or future, in any freehold or leasehold property, and/or real estate and in any Land which the guarantor(s) now have or may hereafter have.
Equipment means the scaffolding equipment described in the Price List, as well as all accessories and other equipment as determined by Us from time to time.
Force Majeure Event means any event outside a party’s reasonable control which makes it impossible for a party to perform its obligations under this Agreement (other than a payment obligation), and includes (without limitation):
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Guarantor means the individuals specified in Item 2 of Schedule 1.
Insolvency Event means any of these events in relation to You or a Guarantor (each, a party):
Land means land and includes, but is not limited to, land as defined in the Sale of Land Act 1962 (Vic) and/or its equivalents in the Australia, the Territory or any other state or country within which You or a Guarantor of this Agreement owns Land.
Loss or Claim means, in relation to any person:
however arising and whether present or future, fixed or unascertained, actual or contingent.
Minimum Service Fee means an amount equivalent to four (4) hours, charged at the hourly rate set out in the Services Fee.
Minimum Hire Charge means:
PPSA means the Personal Property Securities Act 2009 (Cth).
PPSR means the Personal Property Securities Register established and maintained under the PPSA.
Price List means Our list of prices and fees for the Equipment set out in Schedule 2.
Rental Fee means the cost to rent the Equipment, as detailed in Schedule 2.
Rental Period means the period beginning on the date the Equipment is collected or delivered to Your custody, and ending on the date the Equipment is returned or collected by Us. If the Equipment is stolen or damaged beyond repair, the end date will be the date on which the insurance company confirms that it will accept that the Equipment has been stolen or damaged beyond repair.
Security Interest means:
Services means the installation, maintenance and dismantling of scaffolding equipment.
Services Fee means the amount for the Services, as set out in Schedule 3.
We/Us/Our/Ours means Superior Access Solutions Pty Ltd (ACN 613 327 629) of Suite 23, Level 1, 2-14 Station Place, Werribee VIC 3030, and its substitutes, successors, permitted assigns, licencees, franchisees and/or agents.
You/Your/Yours refers to the person, firm, organisation, partnership, corporation, trust or other entity hiring or purchasing Equipment, or obtaining services, from Us, as named in the Credit Application or the Hire Agreement (where You do not hold a Credit Account). The reference to You includes any employees, agents and contractors.
We are permitted to use other persons to provide some or all of the Services.
You may request that We cease to permit a particular person or persons employed by Us or acting as Our agents to carry out the Services.
You warrant that:
We must take out all insurance required by law including:
We may retake possession of the Equipment if the You breach any provision of this agreement.
You acknowledge that We retain title to the Equipment and that You have rights to possess the Equipment as a mere bailee only. You do not have any right to pledge the Our credit in connection with the Equipment and agree not to do so. You also agree not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the Equipment and not to conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.
This agreement and any documents referred to in this agreement contain the whole of the agreement between the parties and no understanding, arrangement or provision not expressly set forth in this agreement is binding upon the parties.
No variation, modification or alteration of any of the terms of this agreement is effective unless in writing and signed by each of the parties.
The failure of either party at any time to enforce any of the terms or provisions of this agreement or to exercise any right under this agreement does not constitute a waiver of any such right or affect the party’s privilege to enforce that right.
If any provision of this agreement is deemed to be or is adjudicated to be unlawful or unenforceable, such provision is to be severed from this agreement and all other remaining provisions remain in force.
Nothing contained in this agreement creates a partnership between the Parties.
The Agreement may be signed in any number of counterparts and all counterparts together make on document.
Each party must pay its own costs in relation to the preparation, signing and completion of the transactions anticipated by this Agreement.
The terms of this Agreement are confidential and must not be disclosed by any party to any other person other than is necessary for the purposes of completing the transactions contemplated by this Agreement.
Each party acknowledges that it has read and understood this document and has had the opportunity to obtain independent financial and legal advice about its terms.
Where You owe an amount to Us, You are not entitled to set-off any amounts owed to Us.
This Agreement is entered into by Us in reliance on a representation by an authorised representative, director, officeholder or agent of Yours that he or she is capable of binding You to the terms of this Agreement.
This agreement shall be governed by and construed in accordance with the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction. Nothing in this clause is intended to oust the jurisdiction of the Federal Court of Australia or Federal Magistrates Court of Australia.