Ice Age Refrigeration & Air Conditioning Service Trading as Affordable Cool Room Hire (ABN 76 642 195 901)
CONDITIONS OF HIRE AND REPAIRS/SERVICE TERMS.
Use of Equipment
- The hirer must provide photo identification prior to hiring equipment and use it in a skilful and proper manner and shall at their own expense service, clean and maintain the equipment in good working order, reasonable wear and tear excepted. Where the equipment is to be kept on public property/land it will be the hirer’s responsibility to obtain the necessary permit/s. Ice Age Refrigeration & Air Conditioning Service Trading as Affordable Cool Room Hire hereinafter called “Affordable Cool Room Hire” will require the address/s of the intended location/s for insurance purposes. Any fine/fee/penalty incurred by the equipment being incorrectly positioned will be the sole responsibility of the hirer. The hirer agrees to pay any/an insurance claim excess fee (at present $750 or whatever the current excess amount may be) and also pay for any damage repairs and/or cleaning costs which will be debited to your debit/credit card or on charged to you. Do not remove any signage or labels attached to the equipment. The equipment must not travel loaded, it must be empty and travel/remain on tared/bitumen roads at all times.
- Upon completion of the hiring period, the equipment must be properly cleaned by the hirer. It is agreed that the whole or any part of the cost incurred by the owner arising out of the failure by the hirer under this clause will be charged to the hirer’s debit/credit card or on charged to you.
- The hirer shall be responsible for all freight and other charges whether incurred by Affordable Cool Room Hire or the hirer in respect of the delivery and return of the equipment except when the equipment is returned to Affordable Cool Room Hire or its representative/s due to a breakdown or failure caused solely by reasonable wear and tear and not by the hirer’s negligence or misuse or any other reason whatsoever. Should drop off or pick up take longer than 30 minutes, a fee will be charged depending on waiting time. Current fees are $20 for every 15 minute waiting, or part thereof. To avoid this fee, please make sure that all permits, keys etc.. are obtained and personnel are notified prior to time of delivery. Make sure that doors on equipment (if applicable) are locked during transit.
Damage to Equipment
- The Hirer shall be responsible for any loss of or damage to the equipment for any reason whatsoever except loss or damage which is caused by reasonable wear and tear. It is agreed that upon the completion of the hire period the whole or any part of the cost of replacement of or repair to equipment will be deducted from the hirer’s debit/credit card, on charged to you, or put through insurance at the hirer’s expense.
Damage to Property or Person
- The hirer shall be responsible for any loss of or damage to property or person caused by the equipment for any reason whatsoever during the period of hire and the hirer shall indemnify Affordable Cool Room Hire in respect of all claims, damages and expenses in relation thereto. Please be diligent with usage of equipment especially in the presence of others as suffocation or hypothermia could eventuate if someone is accidentally confined therein.
Period of Hire
- The period of hire shall commence from the commencement date and time as shown overleaf or the time the equipment is delivered to the hirer, whichever is the later and will cease when it is returned to Affordable Cool Room Hire or its representative/s.
Pick up at no additional charge will be done only from drop off point on date and time stipulated unless otherwise notified. It is your responsibility to make sure that equipment hired will be located at the relevant site. If equipment is located on public land and we are requested by the rightful owners or representatives of the property or by the hirer to remove the equipment other than on the stipulated date and time, a call out fee will be charged. Should changes be required to original contract negotiated
(i.e. shorten/lengthen rental period, pick up at times not specified in original contract etc…) a recalculation of fees will need to be done to reflect changes to contract.
- Notwithstanding anything herein contained, hiring charges shall commence from the commencement of the period of hire and shall continue until the completion of the period of hire defined herein. Cancellations and/or refunds will incur a $50 administration fee. Cancellations
within Twenty one (21) days of booking date will not be eligible for a refund.
- It is the hirer’s responsibility to be satisfied that the equipment hired is suitable for the work intended and that it is used in a way that complies with all statutory requirements. In the event of a breakdown or failure of the equipment, the hirer shall return the equipment to
Affordable Cool Room Hire’s premises or where it was dropped off by Affordable Cool Room Hire or its representatives forthwith and on no account repair or attempt to repair the equipment without the prior consent of Affordable Cool Room Hire.
In the event that such breakdown or failure is caused by reasonable wear and tear and not by the hirer’s negligence or misuse or any other reason whatsoever, Affordable Cool Room Hire will repair or replace the equipment at no cost to the hirer. In no event shall Affordable Cool Room Hire or its representatives be held responsible/liable for any expenditure, damages and/or loss incurred by the hirer arising out of breakdown or failure of the equipment whether caused by fair wear and tear, negligence on the part of Affordable Cool Room Hire or its representative/s or any other reason whatsoever. If the breakdown is from the negligence or misuse of the hirer (e.g. no power, over stocking, door left open, etc…) a $100.00 call out fee plus $95 per hour fee will be charged for corrections or repairs. Affordable Cool Room Hire is unable to provide cover for stock loss, therefore, it is the hirer’s responsibility to relocate perishable stock should a breakdown occur and in no event shall Affordable Cool Room Hire be held responsible/liable for any expenditure, damages and/or loss incurred by the hirer arising out of breakdown or failure of the equipment whether caused by fair wear and tear, negligence on the part of Affordable Cool Room Hire, its representatives or any other reason whatsoever. Should a generator be required to power equipment, this will need to generate at least 5.5KVA for the equipment to function properly. Any damage caused by improper use will be charged/on charged to the hirer.
Termination by the Owner
- Affordable Cool Room Hire or its representative/s may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, forthwith terminate this Agreement and repossess the equipment in any of the following events:
- a) if the hirer fails to pay any hiring charge within seven (7) days of the due dates.
- b) if the hirer shall do or permit any act or thing whereby Affordable Cool Room Hire’s rights in the equipment may be prejudiced.
- c) if the hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his/her creditors or in the case of a hirer being a limited company, should an order be made or a resolution passed for the winding up of such company.
- d) if the hirer commits any breach of this agreement, for the purpose of repossessing the equipment, Affordable Cool Room Hire may enter into or upon any premises where equipment may be, without prejudice to the rights of Affordable Cool Room Hire, to recover from the hirer any moneys due hereunder or any damages for breach hereof and the hirer indemnifies Affordable Cool Room Hire or its representatives in respect of any claims, damages or expenses arising out of any action taken under this clause.
Delivery and Removal of Equipment
- The hirer authorises Affordable Cool Room Hire and its representative/s to bring its vehicle onto their property or wherever the equipment is located, to deliver and/or recover the equipment hired at the end of the hire period. Affordable Cool Room Hire
or its representatives shall not be held responsible to the hirer or any third parties for any damage whatsoever, that may result during the delivery or collection of the equipment hired.
Authority to Sign This Agreement
- The person signing this agreement for and on behalf of the hirer (if not personally the hirer) warrants that they have the authority of the hirer to make this agreement on the hirer’s behalf and that they are empowered by the hirer to enter into this agreement. The person so signing hereby indemnifies Affordable Cool Room Hire, the owner of the hired equipment, against all losses and costs that may be incurred, arising out of the person signing failing to have such power or authority. This Agreement may not be transferred or assigned to any other party without the prior consent of Affordable Cool Room Hire.
Payment of the Account
- In the event that the hirer does not settle the account in the agreed manner and time, and Affordable Cool Room Hire deems it necessary to employ either a solicitor or collection agency to assist with the recovery of payment, then, the hirer understands and specifically agrees that any fees/charges incurred by Affordable Cool Room Hire in this recovery will be payable by the hirer. These fees include all reasonable commissions, legal fees and disbursements. Where any payment due is not made by the due dates, Affordable Cool Room Hire reserves the right to charge interest at the rate of 10% per month on any amount outstanding.
1.1 The customer or its agents agree that the ownership of all goods, materials, parts, or equipment sold to the customer is retained by Affordable Cool Room Hire and only passes to the customer when full and complete payment of all funds owing has been made and all funds have been cleared.
1.2 The customer hereby agrees to Affordable Cool Room Hire and its staff or agents to enter into any premises owned or controlled by the customer, on which any goods in which property has not been passed to the customer are stored, or installed to inspect their condition and conduct stock take.
1.3 If the customer fails to pay by the due date any amount owing, Affordable Cool Room Hire and its staff or the agents may, without prejudice to any of its other rights, recover and resell any such goods, and the customer hereby authorises Affordable Cool Room Hire and its staff or agents, to enter onto the premises where the goods are located to take possession of the goods for that purpose at any time.