TERMS AND CONDITIONS OF HIRE
For Full Details see in store
1. Basis of Contract
1.1 If You place an order via telephone, electronic means or via Bizzee Bee Rentals’ website, a contract is only accepted by Us when We sign the Agreement or provide You with the Goods ordered.
1.2 We, in Our absolute discretion, may refuse to accept any offer.
1.3 If, through circumstances beyond Our control, We are unable to provide the Goods to You, then We may cancel the Agreement (even if it has already been accepted) by notice in writing. Any such termination will be effective immediately.
2. Pricing and Payment
2.1 Prices for the hire of Goods include GST and any other taxes or duties imposed on and in relation to the Goods.
2.2 Payment for hire of Goods must be made in the manner and at the times specified in the Agreement.
2.3 Payment must be made by credit card, Centrepay, Direct Debit or EFTPOS.
2.4 We may require You to pay a security bond in addition to any hire fees (as specified in the Schedule). We may apply the security bond against any amounts payable by You under the Agreement.
2.5 Any portion of the security bond not applied will be refunded by cheque or electronic transfer within fifteen days of return of Goods.
2.6 Payment must be made on the agreed date unless otherwise arranged with a Bizzee Bee Rentals representative.
2.7 If something occurs where you need to change your agreement details, please contact Bizzee Bee Rentals at your earliest opportunity
3. Rental Amount
3.1 You acknowledge that the rental for the Goods has been calculated on the basis of the Calculation Period (as specified in the Schedule). However, subject to these Terms and Conditions of Agreement , the Agreement continues until either We or You terminate it. You have a right to terminate this Agreement under clause 14.
3.2 If You terminate the Agreement before the end of the Calculation Period, then, in addition to the other payments due to Us under this Agreement, You must also pay to Us on the date of termination an amount equivalent to 2 months rent. This amount is calculated to compensate Us for our costs incurred and our loss of expected rental income on the Goods.
4. Delivery and Transport
4.1 We will require reasonable access to deliver, install, remove, inspect, test, adjust, maintain, repair or replace them.
4.3 Hirer must make the Goods available for collection by Bizzee Bee Rentals at the end of the Agreement Period in a working, complete, clean and dry state.
4.4 If the Hire Contract states that the Hirer must arrange for return of the Goods to Bizzee Bee Rentals and the Hirer fails to do so at the end of the Agreement Period, the Hirer agrees to pay Bizzee Bee Rentals the daily hire charge for each item for each day from the end of the Agreement Period until the Goods are returned.
5. Your Responsibility
5.1 During the Agreement Period and at any time the Goods remain in Your possession or under Your control, You are responsible for:
(a) safekeeping of the Goods during the Agreement Period;
(b) proper operation of the Goods, including using the Goods in strict conformity with their ordinary purpose and any instructions;
(c) ensuring that the Goods are not moved from the Site, unless in an emergency and We are advised immediately afterwards;
(d) ensuring that the Goods are not misused;
(e) keeping the Goods in serviceable and clean condition;
(f) protecting the Goods against fire, storm, collision, accident, theft, distress or seizure;
(g) maintaining and returning the Goods in the same condition as at the time of delivery (fair wear and tear excepted);
(h) advising Bizzee Bee Rentals immediately if the Goods breaks down or is not working satisfactorily.
(a) are, subject to clause 8, responsible for and bear the risk for all of the Goods including loss or damage caused by fire, storm, collision, accident, theft or burglary;
(b) must comply with all relevant laws, by-laws and regulations applicable to the installation, use and operation of the Goods;
(c) must not sell, mortgage, sublet, assign or otherwise part with possession or dispose of the Goods;
(d) must not remove the Goods or allow the Goods to be removed from the Site Address without Our prior written consent;
(e) must pay Us for any damage or losses to any of the Goods, sustained while the Goods were in Your possession including the replacement costs of the Goods or repair of the Goods as determined by Us and continue to pay rental.
6. Risk and Title
6.2 Ownership, title to and property in the Goods does not pass to You. Title and property in the Goods remains vested in Bizzee Bee Rentals at all times.
7. Breakdown, defect or shortage
7.1 You must carefully inspect the Goods upon delivery and notify Us as soon as possible within 24 hours if there is any damage, loss or shortage.
7.2 Breakdown or defect in the Goods resulting from:
(a) proper or ordinary use; or
(b) the development of an inherent fault or faults not ascertainable prior to start of the Agreement Period;
may, at Our option, either be repaired at the Site or the Goods replaced and delivered to the Site at Our expense.
7.3 If repair is impracticable and if replacement Goods are not available, the proportional charge for the broken or defective Goods will be credited to You.
7.4 Under no circumstances shall You repair or attempt to repair the Goods unless You obtain our prior written consent.
7.5 Where any shortages or non-compliance with the Agreement specifications is accepted by Us, We may, at our option, replace the Goods, or refund any amount charged for the Goods that has been paid by You under the Agreement.
7.6 Nothing in this clause limits any remedy available to You under any state of federal legislation.
8.1 You will indemnify and keep Bizzee Bee Rentals indemnified from and against all losses, claims, demands, costs and expenses whatsoever and howsoever arising to Bizzee Bee Rentals from Your breach of the Agreement.
8.2 You must pay all costs and expenses relating to the restoration of the Goods to substantial working order if such Goods are returned to Us in a state of disrepair or in a condition unsuitable for reuse.
9. Limitation and Exclusion
9.2 We are not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
9.3 We will not be liable for any loss or damage suffered by You where We have failed to meet any delivery date or cancels or suspends the hire of the Goods.
9.4 Nothing in the Agreement is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be so excluded, restricted or modified.
10.1 We recommend have your own insurance for loss, damage or theft of the Goods to their full replacement value.
11.1 In the unfortunate event you,
(a) breach any term of this Agreement or any Agreement with Us;
(b) allow the Goods to be damaged or lost or the Goods are damaged or lost while under Your responsibility;
(c) default in payment by the due date of any amount payable;
(d) remove or allow the Goods to be removed from the Site address without Bizzee Bee Rentals’ prior approval;
(e) are an individual and die or become bankrupt or enter into any scheme of arrangement or any assignment or composition with or for the benefit of Your creditors or any class of Your creditors generally;
then We may,
(f) retain any security bond paid by You or available through the enforcement of any guarantee, security or bond and apply this in reduction of any sum of money owed or owing by You to Bizzee Bee Rentals;
(g) charge You interest on any sum due at the prevailing rate pursuant to the Uniform Civil Procedure Rules 2005 (NSW) plus 2% for the period from the due date until the date of payment in full. Any payments made will first be applied to any interest payable and then in reduction of any other amount owed to Bizzee Bee Rentals;
(h) charge You for all reasonable legal costs.
(i) charge You for the cost of repairing or replacing any lost, damaged or destroyed Goods.
(j) continue to charge you lease payments while the Goods that are lost, damaged or destroyed have been repaired or replaced;
(k) cease or suspend for such period as We think fit, supply of any further Goods to You; and
(l) reposes the Goods
12.1 Subject to clause 13, either party may terminate this Agreement upon 2 weeks written notice to the other party.
12.2 On termination You must:
(a) return all Goods to Us in clean and workable condition; and
(b) pay Us all amounts due and payable under the Agreement.
12.3 If You do not return the Goods, this Agreement will continue on the same terms including the payment of rental until the Goods are returned or repossessed.
12.4 If You do not return the Goods, We will come and pick up the goods.
13.1 The law of New South Wales, Australia from time to time governs this Agreement. The parties agree to the non-exclusive jurisdiction of the courts of New South Wales, the Federal Court of Australia, and of courts entitled to hear appeals from those courts.
13.2 Our failure to enforce any of the Terms and Conditions of this Agreement shall not be construed as a waiver of any of Our rights.
13.3 We may assign the benefits of this Agreement at any time to any person without notice or consent.
13.4 If any clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from this Agreement, without affecting the enforceability of the remaining terms.