These Terms and Conditions (Terms) are between Elite Transport WA Pty Ltd ACN 18 165 457 321 (referred to as Supplier we, us or our) and you, the person, organisation or entity (referred to as Customer you or your) that hires audio equipment and professional services from us, (referred to as Goods). Collectively the Parties and each a Party. These Terms apply to all hires made by us to you.
These Terms form the agreement under which we will hire Goods & Services to you. Please read these Terms carefully. You accept these Terms by accepting our quote for the delivery, installation, hire and/or removal of the Goods (Services), either verbally or in writing, or on receiving the Goods. Your obtaining possession of Goods & Services from us or acceptance of our quote indicates that you have had sufficient opportunity to read these Terms and contact us with any changes you may require, and that you have read, accepted and will comply with these Terms. If you do not agree to these
Terms, you should not hire from us.
1. Hire of Goods
The period of hire starts when the Goods are delivered to or collected by the Customer and ends when they are returned to the Supplier by the Customer or collected from the Customer by the Supplier. The Customer acknowledges that the Goods remain at all times the property of the Supplier and will not sell, transfer, assign, lease, pledge, encumber, mortgage, part with possession or deal with the Goods in any other manner which may affect the Suppliers ownership of them.
2. Use of Goods
The Customer will at all times use the Goods in a skilful and proper manner and in accordance with the manufacturers and Suppliers instructions.
3. Inspection of Goods
The Customer will inspect the Goods prior to taking possession of them and only take possession of them if they are of acceptable quality and fit for the Customers purpose.
4. Breakdown and Damage of Goods
The Customer will be liable for any damage to or breakdown of the Goods other than that caused by fair wear and tear. In the event of damage or breakdown the Customer will not attempt to repair or have any third party repair the Goods but will notify the Supplier immediately and return the Goods to the Supplier. The Supplier will at its discretion replace or repair Goods broken down due to fair wear and tear and will not charge hire fees for the downtime.
5. Return of Goods
Unless the Supplier has quoted for removal of the Goods from the Customers premises, the Customer will return the Goods to the Supplier during office hours on or before the due date shown in the Suppliers quote.
6. Price and Payment
6.1The Customer agrees to accept the Services from the Supplier at the price and any deposit, delivery and insurance charges specified in the quote (Price). All amounts are stated in Australian dollars and are exclusive of GST, which the Customer agrees to pay in addition to the Price.
6.2 The Customer must pay for the Services in the manner specified in the quote and will be entitled to the early payment discount set out in the quote if payment is received before the due date.
6.3 The Supplier may charge interest calculated daily at the rate of 2% per month on any amounts overdue, compounding monthly at that rate before and after any judgment.
6.4 If payments are overdue, the Supplier has the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed to the Supplier. The Customer acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, legal fees and any out-of- pocket expenses, and that the Supplier may place a default against the Customer with a credit reporting agency. The Customer will indemnify the Supplier for the full amount of the Suppliers legal and debt recovery costs.
6.5 If payments are overdue, the Customer grants the Supplier the right to access the Customers premises where the Goods are situated at any time for the purpose of repossessing the Goods.
7. Delivery and Risk
7.1 The Customer is solely responsible for collecting the Goods from the Supplier or arranging delivery to the Customer unless otherwise agreed with the Supplier.
7.2 Particulars of any pickup will need to be received before 2.00 pm in order to be processed and ready for pick up the next day. 7.3 Upon collection of the Goods by the Customer or its representative, risk in the Goods will pass from the Supplier to the Customer, and the Customer agrees to bear all liability for damage incurred during transport.
7.4 The Supplier will be liable for any damages or loss to the equipment if the Goods are delivered or collected by the Supplier. Liability will transfer to the Customer on acceptance of the delivery and will remain with the Customer until the Goods are collected by the Supplier.
8. Cancellation
8.1 The Customer may cancel the hire more than 6 weeks before the agreed date of delivery/collection (Start Date) and not be liable for the Price.
8.2 If the Customer cancels 4-6 weeks before the Start Date they will be liable for 10% of the Price.
8.3 If the Customer cancels 2-4 weeks before the Start Date they will be liable for 50% of the Price.
8.4 If the Customer cancels 1 day -2 weeks before the Start Date they will be liable for 70% of the Price.
8.5 If the Customer cancels within 24 hours of the Start Date and time they will be liable for 100% of the Price.
9. Exclusions and limitation of liability
9.1 To the extent permitted by law, the Supplier excludes all express or implied representations, conditions, guarantees and terms relating to the Goods and these Terms, except those set out in these Terms, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms.
9.2 To the extent permitted by law, the Suppliers total liability arising out of or in connection with the hire of the Goods, the provision of the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to us re-supplying the Services to you or, at our option, refunding to you the total Price that you have paid us.
10. Consumer Law & Disclaimers
(a) Consumer Guarantees: If the Customer is a consumer as defined in the Australian Consumer Law (ACL) the following notice applies to the Customer: Our Services come with warranties and guarantees that cannot be excluded under the ACL. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have our Services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.
(b) Disclaimer: It is the Customers responsibility to ensure that all Goods are appropriate to use for the purpose the Customer intends to use them and whether the Goods meet the description on the quote. The Customer must ensure that, if it is installing the Goods that it or its employees or contractors install and use the Goods in accordance with reasonable industry standards and any applicable codes, regulations and laws.
11. General
(a) Refusal and set off: The Supplier reserves the right to refuse hire of the Goods, and to withhold and set off from any monies otherwise owing to the Customer any debt or monies due from the Customer on any account whatsoever and have recourse to any security provided by the Customer.
(b) Force Majeure: If the Supplier is unable at any time to perform any of the obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the Supplier may give written notice to that effect to the Customer giving full particulars of such force majeure in which case the Suppliers obligations under these Terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure.
The Supplier will not be liable for any loss or damage suffered by the Customer as a result of any delays caused by such
force majeure events.
(c) Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the Party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other Party.
(d) Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by the Supplier of any of these Terms shall be effective unless the Supplier expressly states it is a waiver and the Supplier communicates to the Customer in writing.
(e) Governing law and jurisdiction: These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia.
