Terms and Conditions
BETWEEN Cairns Coldroom Hire Pty Ltd (ABN 50158311623) of 82-84 Toogood Road, Woree in the state of Queensland
AND – The party named in item 2 of the schedule hereto
It is agreed that The Firm will hire to the Hirer the refrigeration equipment on the dates and at the rental rate for use at the premises all described in Item 3 of the Schedule subject to the following terms and conditions:
- The refrigeration equipment remains the property of the Firm and the Hirer shall ensure that the Firm and its employees, servants, agents and representatives and other persons lawfully acting under, through or on behalf the Firm shall have access to the refrigeration equipment at all reasonable times and in the case of an emergency (the decision in respect of which shall be in the reasonable opinion of the Firm) at any time.
- The Firm will keep the refrigeration equipment in good repair by regular servicing (and if necessary repairing) at such time as the firm may in its absolute discretion see fit and where possible (remote areas).
- The firm shall not be responsible for any loss or damage caused by the Hirer or to any other party if the refrigeration equipment malfunctions at any time.
- The Firm will not accept any charges for work carried out on the refrigeration equipment which have not been authorized by it and the Hirer is expressly forbidden to carry out or to authorize the carrying out of any service work on the refrigeration equipment without the consent in writing of the Firm.
- Except in the case of any emergency the service and repairs of the refrigeration equipment shall be carried out during normal working hours.
- The Hirer shall hold the refrigeration equipment on behalf of the firm and shall take all reasonable precautions to ensure that the refrigeration equipment is not damaged, defaced, misused or used for any other purposes other than the refrigeration of goods normally kept refrigerated.
- The Hirer shall ensure that the refrigeration equipment is kept clean and tidy at all times, fair wear and tear excepted. The hirer will be held responsible for any damage to the coldroom or trailer whilst in its possession.
- The Hirer shall not remove the refrigeration equipment to any other site without first obtaining the consent in writing of the Firm. Where consent is given, any relocation costs shall be borne by the Hirer.
- The Hirer shall pay the Firm rental for the periods and at the rate set out in item 3 of the Schedule hereto with the first payment to be made on the date of commencement of hire. Such rental shall be payable calendar monthly or weekly in advance as specified in the Schedule.
- On or prior to delivery of the refrigeration equipment the Hirer shall pay to the Firm the amount set out in Item 3 of the schedule by way of a delivery and installation fee.
- On or prior to delivery of the refrigeration equipment, the Hirer shall pay the Firm the security deposit nominated in Item 3 of the schedule. The Firm may apply this security deposit to any overdue rental or the payment of any other monies payable by the Hirer to the Firm in accordance with this agreement. The Firm shall refund the security deposit (or any balance after its application under this clause) within fourteen days of the satisfactory return of the refrigeration equipment.
- The Hirer agrees to hire the refrigeration equipment for the minimum period nominated in the Schedule from the relevant date set out in Item 3 of the schedule and thereafter at the will of the parties. If the Hirer continues to hire the refrigeration equipment after the expiry of the term in the Schedule, it will continue to do so at the same rental and upon the same terms as are contained in this agreement until the agreement is varied in accordance with this clause. Where rental is payable monthly in advance, the rental may be changed by the Firm giving the Hirer one month’s notice in writing. Where rental is payable weekly in advance, the rental may be changed by the Firm giving the Hirer one week’s notice in writing. Either party may terminate the agreement following the expiry of the term in the Schedule by giving the other party notice either one month or one week’s notice in writing depending upon whether the rental is payable monthly or weekly in advance.
- The Firm shall have the right to cancel this agreement and retake possession of the refrigeration equipment if the Hirer fails to make any payment within fourteen (14) days of the due date for payment or if the Hirer or its servants, agents of licensees commits any breach of the terms of this agreement. The Firm shall have the right to claim from the Hirer any damages which it may suffer as a result of the failure by the Hirer to make payment or any other breach of this Agreement by the Hirer its servants, agents or licencees.
- The Hirer agrees to indemnify and keep indemnified the Firm from and against any claim brought against the Firm as a result of the refrigeration equipment being hired to the Hirer or being on the premises of the Hirer its servants, agents or licensees.
- The Hirer shall insure the refrigeration equipment in the joint names of the Firm and the Hirer for their respective rights and interests with losses, if any, payable to the Firm. The Hirer shall provide evidence of this insurance to the Firm on request.
- The Hirer will comply with all relevant acts, regulations and by-laws relating to the registration or licensing of the refrigeration equipment of the use thereof and shall pay all relevant fees and charges.
- The Hirer shall notify the Firm of any damage to the refrigeration equipment or any malfunction in the operation of the refrigeration equipment.
- Except to any extent necessary to enable proper use of the refrigeration equipment or any part of it the Hirer will not cause or permit the refrigeration equipment or any part of it to be affixed to any real property and if the refrigeration equipment or any part of it is at any time affixed to any real property it shall not thereby be deemed to become a fixture or part of the land but shall remain removable by the Firm in accordance with the provisions of this agreement notwithstanding such fixing. Costs incurred in such removal shall be borne by the Hirer.
- The Hirer shall pay to the firm the amount stated, and return the signed copy of the Standard Terms and Conditions of Hire before the Firm will release the coldroom.
- Reference to the Firm shall include reference to any successors or assigns.
- Reference to the Hirer shall include any successors, permitted assigns and in the case of a natural person or persons his, her of their executors of administrators and/or his, her, its or their permitted assigns.