SBS FENCE Pty Ltd ABN 39 114 192 040 is referred to in this agreement as the “Owner” or ”SBS FENCE” and is the lessor of the fence materials, goods, plant or equipment as described or identified overleaf in this agreement.
The person or company and its authorised representative named at the relevant column in the agreement overleaf is referred to as the “Hirer” or lessee of the fence materials, goods, plant or equipment as described or identified overleaf in this agreement.
“Fence” or “fencing” and/or Portable Toilet means any materials, goods, plant or equipment that is provided by SBS FENCE to the Hirer under the terms of this agreement.
The words hire, rent or lease and any derivatives thereof shall be used interchangeably and have the same meaning as hire or lease for the purposes of this agreement. This does not apply to the terms Owner or Hirer or lessor and lessee.
Any part of this agreement that is held to be invalid or not enforceable shall not affect the remaining parts of this agreement.
The owner and the hirer agree that this agreement is governed by the laws of the State of New South Wales and the parties submit to the jurisdiction of its courts.
This agreement does not restrict any lawful remedy available to either party including the relevant provisions of the Trade Practices Act 1974 and nothing in these terms and conditions shall restrict such rights.
HIRE PERIOD & CHARGES
Upon the date shown on the receipt or the installation of the hired materials and equipment, whichever is earlier, the rental period shall commence. The period terminates upon the return of the hired materials to the owner’s premises within normal business hours or the time of collection by one of the “SBS FENCE” Trucks.
Once the initial hire period – as stated overleaf – has expired there will be an automatic extension of the hire period for a minimum of one calendar month and subject to an additional monthly charge for each additional calendar month or part thereof after expiry of the initial hire period.
Unless otherwise agreed in writing there shall be no adjustment on a pro-rate basis for any part of any rental period or additional rental monthly rental period.
There will be no REFUNDS for unused hire.
The hiring charges at the rate specified overleaf shall commence for the commencement stated above and continue until the expiry of the period specified overleaf or as defined herein, whichever is the later.
SBS FENCE reserves the right to charge penalty interest on overdue accounts. The Applicant agrees to reimburse SBS FENCE any costs incurred by SBS FENCE arising from the collection of any amounts owed to & by the Applicant, including but not limited to commission and legal expenses charged by third parties.
Terms of payment are cash on delivery (C.O.D) unless otherwise agreed between the parties. Where a Hirer is required by the Owner to pay for hire by C.O.D. the Hirer must provide the Owner with details of a valid and current credit card (type, number, name of card holder, expiry date) that the Hirer or his representative is authorised to use and sign.
By accepting hire pursuant to these payment terms the Hirer expressly authorises the Owner to debit from the credit card all monies due and payable but not paid which relate to the hire. To ensure clarity the Hirer’s signature on this agreement is deemed written authorisation for such debit to the credit card. The authority so granted by the Hirer shall remain in force from the date of this agreement until the date of termination of this agreement or the hire has been completed and no payments remain outstanding.
USE OF EQUIPMENT
The Hirer confirms that he is not relying on any representation made by or for and on behalf of SBS FENCE in respect of any material, plant and equipment or its performance.
It is a condition of this agreement that the Owner’s sign shall be placed on every third panel and every Portable Toilet for insurance and advertising purposes.
The fence and Portable Toilet and/or any related materials are exclusively hired to the site address shown overleaf and that hire is not transferable to any other site nor is the Hirer permitted to transfer the hire to any other person.
Within 24 hours of completion the Hirer shall inspect the fence and/or the Portable Toilet supplied and if found necessary must immediately notify SBS FENCE in writing of any objections to the state of – or any defect in – the fence and/or the Portable Toilet. Any failure by the Hirer to do so will constitute an acceptance of the fence and/or the Portable Toilet “as is” and acknowledgment by the Hirer that the fence and/or Portable Toilet is in good condition, safe and fit for the purpose.
The Owner will, upon receipt of a notice of objection or defect, investigate and where required address the problem. Any liability of the Owner at law under the Trade Practices Act or similar legislation is limited to either a) the replacement of the fence and/or the Portable Toilet; or b) the repair of the fence and/or the Portable Toilet at the sole discretion of the Owner.
All toilets will be serviced on a Fortnightly basis as a minimum service level unless otherwise agreed upon in writing with the Owner (however this excludes any Function or Event Hire toilets). The Hirer must always ensure the Owner has access to the toilet for servicing and maintenance and should the toilet not be accessible for service an additional service charge will be applicable. This rate for the additional service fee will be determined by the Owner. All toilets are cleaned before dispatch and have the initial supply of toilet paper and appropriate chemical in the waste holding tank.
It is usual practice to fill the freshwater tank to capacity on delivery to site.
At the time of placing an order the Hirer must inform SBS FENCE of their preferred location for the placing of a Portable Toilet on site.
It is the Hirer’s responsibility to ensure SBS FENCE trucks have clear and safe access to the site to unload or load the products hired The preferred location must have a stable flat surface to ensure the Portable Toilet is able to stand upright allowing the correct flow of liquid/waste and the Portable Toilet does not fall over.
If a site location is not provided then SBS FENCE will attempt to place the Portable Toilet towards the front of the property and on the opposite site of the driveway or as close as possible to the centre of the block.
All toilets must be serviced and empty of waste prior to being picked up and transported for off Hire.
On the completion of the Hire, if the toilet is not returned in good clean workable order, then the Hirer shall be liable for the full costs of the cleaning and along with any required repairs.
At all times the Hirer must use the fencing and/or the Portable Toilet in a proper manner for its intended purpose. Any modification by the Hirer, being shade cloth, hoarding, hessian, signage or the like must be suitably braced and authorised in writing by the Owner prior to being attached to any of the Owner’s products. Any graffiti, paint splatter or concrete splatter on the Portable Toilet will result in a cleaning fee.
The Hirer acknowledges that at all times the fencing and/or the Portable Toilet as hired is and remains the property of the Owner. The Hirer is not permitted and shall not sell, lease, assign, transfer the fencing and/or the Portable Toilet or any part thereof or deal with it in a manner that affects, direct or indirect, the Owner’s ownership.
The Hirer shall have a representative present upon collection of the panels and/or the Portable Toilets & other equipment to enable supervision of the count of panels and sign them out. Where the Hirer does not provide a representative to supervise the Hirer must accept the counts as taken by the Owner.
It is acknowledged by the Hirer that they or their representatives have received fencing installation instructions and instructions on how to use the Portable Toilet and understand any variation from the original installation is subject to written authorisation by the Owner. Upon collection the fencing and/or the Portable Toilets must be in original installation position and readily accessible or additional charges will be incurred.
DAMAGE TO EQUIPMENT AND MISSING EQUIPMENT
The Hirer accepts liability to maintain the fencing and/or the Portable Toilet at all time in good working order and condition. They will not alter, repair or change the facing or position of the Portable Toilet without prior written consent and accept responsibility for any loss or damage to the equipment for any reason whatsoever with the exception of reasonable wear and tear. It is agreed that at any time during or on completion of the hire period the Owner is entitled to charge the Hirer at a rate specified by the Owner the cost in whole or part for replacement and repair to equipment. Even if missing or damaged all equipment, stock or material remains the property of the Owner at all times.
Missing stock, if it cannot be produced by the Hirer on request from the Owner, will be deemed stolen property. Any person or company found in possession of such stolen property is liable for prosecution. The Hirer remains liable to the Owner for the replacement cost of such property.
REPLACEMENT STOCK PRICE LIST
– Mesh Fence Panel 2.4metre $69.00 each
– Mesh Fence Panel 3.3metre $89.00 each
– Plastic Fence Feet $29.00 each
– Fence Clamps $5.00 each
– Support Stays $35.00 each
– Pool Fence Panel $80.00 each
– Crowd Control Barrier $70.00 each
– Gates (Single $69.00 & Double $99.00)
– Plastic Portable Toilet $2,390.00
– These prices exclude GST
The Hirer hereby indemnifies the Owner against any and all claims that may be made against the Owner for damages or otherwise in the event of any loss of, damage to property, or death or injury to person whatsoever arising directly or indirectly by the use of any fencing and/or the Portable Toilet whilst on hire to the Hirer and that indemnity shall extend to and include any costs or expenses incurred by the Owner in the course of investigating or defending any such claim.
TERMINATION BY THE OWNER
The Owner has the right to terminate this agreement at any time irrespective of the specified hire period or irrespective of any previous waiver of any previous default in any of the following events:
a. where the Hirer does or permits any act or thing that prejudices the Owner’s rights in the equipment;
b. where the Hirer becomes or is made bankrupt or enters into arrangement with creditors or where the Hirer is a limited company orders or resolutions for the winding up of such company are made;
c. where the Hirer fails to pay any monies when and if they fall due or commits any other breach of this agreement. For the purpose of repossessing the equipment hired under this agreement the Owner may enter into or upon any premises where the equipment may be without prejudicing any rights of the Owner to recover from the Hirer any monies due or any damages for breach. The Hirer indemnifies the Owner in respect of any claims, damages or expenses arising from any action taken by the Owner in reliance on this clause.
If the Hirer breaches any part of this agreement the Owner reserves the right to remove fencing and/or the Portable Toilets or any other material from any other individual site, regardless of payment status.
Where the Hirer or their representative failed to sign the agreement in its entirety the Owner has the right to remove fencing and/or the Portable Toilet without further notice and the original charges still apply.
TRANSFER OR ASSIGNMENT
This agreement may not be transferred or assigned to any other party without the express written consent of the Owner. Any action to the contrary entitles the Owner to immediate termination of the agreement and the Hirer remains liable for any charges incurred to date and to be incurred by the termination.
The Hirer certifies by their signature overleaf that the information they have provided is true and correct at the time of entering into this agreement. In the event that the information is found to be incorrect the Owner reserves the right to terminate immediately recover the equipment supplied. All costs incurred by the Owner remain the liability of the Hirer.
If NO hire extension is required please notify SBS Fence 7 days before Rental Contract expiry date.
Off-Hire Notices must be received via Email or SMS.
If NO Off-Hire notice is received by SBS Fence the contract agreement between SBS Fence and the Customer will automatically continue on a month to month re-hire rate until Off- Hire Notice is received.
Please email to firstname.lastname@example.org or SMS to: 0418 646 159