1. Definitions

1.1 "Business" shall mean CrateMate.
1.2 "Hirer" shall mean the Hirer or any person acting on behalf of and with the authority of the Hirer.
1.3 "Equipment" shall mean Equipment supplied on hire by the Business to the Hirer (and where the context so permits shall include any supply of services) and is as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by the Business to the Hirer.
1.4 "Price" shall mean the cost of the hire of the Equipment as agreed between the Business and the Hirer subject to clause 3 of this contract.

2. Acceptance

2.1 Any instructions provided by the Business to the Hirer for the hire of Equipment and/or the Hirer's acceptance of the equipment supplied on hire by the Business shall be considered acceptance of the terms and conditions included here.
2.2 Where more than one Hirer has agreed, the Hirers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Hirer, the terms and conditions are irrevocable and can only be amended with the written consent of the Business.
2.4 The Hirer undertakes to give the Company at least seven (7) days notice of any change in the Hirer's name, address and/or any other changes in the Hirer's details.

3. Prices and Payments

3.1 At the Business's sole discretion, the Price shall be either:
(a) As indicated on invoices provided by the Business to the Hirer in respect of the Equipment supplied on hire; or
(b) The Business's current Price, at the date of delivery of the Equipment, according to the Business's current Price list; or
(c) The Business quoted Price (subject to clause 3.2), which shall be binding upon the Business, provided that the Hirer shall accept in writing the Business's quotation within thirty (30) days.
3.2 The Business reserves the right to change the Price in the event of a variation to the Company's quotation.
3.3 All initial orders made online by the Hirer to the Company will require complete payment.
3.4 All time extensions requested by the Hirer will require acceptance of acknowledgment of the new fees and any late fees that may apply, and approval from the company to allow transactions of the new fees payment.
3.5 All monthly transactions will be automatically retrieved from the Hirer's account to ensure that the payment is kept up.
3.6 The date upon which the Hirer advises of termination shall in all cases be treated as a full day's hire.
3.7 If the Equipment is lost, payment shall be due seven (7) days following the date of the invoice for the lost Equipment.
3.8 Payment will be made by direct credit via Stripe Payment Software.
3.9 When payment is transacted through our Stripe Payment Software, the Hirer's credit card details will be stored with our Merchant provider for any future transactions that would be required.
3.10 GST and other taxes and duties that may be applicable shall be added to the price except when they are expressly included in the Price.

4. Hire Period

4.1 Hire charges shall commence from the time the Equipment is booked and paid for fully by the Hirer to the Business and will continue until: (a)the return of the Equipment to the Business's premises, and/or until the expiry of the minimum Hire Period, whichever last occurs; or (b) compensation has been made for the loss or non-return of the equipment.
4.2 If the Business agrees with the Hirer to deliver the Equipment, hire charges shall commence from the phone call or online agreement time the Equipment leaves the Business's premises and continue until the Hirer notifies the Company that the Equipment is available for collection.
4.3 No allowance to be made for time during which the Equipment is not in use for any reason, unless the Business confirms prior special arrangements in writing. In the event of an Equipment breakdown, provided by the Business, the Hirer must notify the Business immediately, and hiring charges will not be payable during the time the Equipment is not operating, unless the condition is due to negligence or misuse of the Hirer.
4.4 The Hirer shall have the equipment ready or returned by the scheduled pickup date.
For each additional day that the Equipment is not returned, an additional rental charge will apply following the current Price listed. If the Hirer has not returned the Equipment or rescheduled a pickup within 30 days, they will be charged the full retail value of the Equipment, following the current price listed.

5. Delivery of Equipment

5.1 At the Business's decision, the delivery of the equipment shall take place when:
(a) The Hirer takes possession of the Equipment at the Hirer's address (when the Equipment is delivered by the Business or the Business's nominated carrier); or (b) the Hirer's nominated carrier takes possession of the Equipment, in which event the carrier shall be deemed to be the Hirer's agent.
5.2 At the Business's decision, the costs of delivery are included in the Price.
5.3 The Hirer shall make all communication arrangements necessary to take delivery and pick up of the Equipment whenever extensions or changes to the agreed time and dates are required, if the Hirer is unable to take delivery of the Equipment, or be present at the Equipment for collection as arranged, then the Business is entitled to leave at the Hirer's address in a safe place. A 24-hour notice is required to reschedule deliveries or collections.
5.4 The Hirer shall be responsible for all other expenses and costs incurred by the Hirer due to delays in access to the Equipment.
5.5 The failure of the Business to deliver shall not entitle either party to treat this contract as repudiated.
5.6 The Business shall not be liable for any loss or damage due to failure by the Business to deliver the Equipment (or any of them) promptly or at all.

6. Defects

6.1 The Hirer shall inspect the equipment on delivery and shall immediately notify the Business of any alleged defect, shortage in quantity, damage or failure to comply with the description. The Hirer shall allow the Business an opportunity to inspect the Equipment within a reasonable time following delivery. If the Hirer shall fail to comply with these provisions, the Equipment shall be presumed to be free from any defect or damage. For effective equipment, for which the Business has agreed in writing that the Hirer is entitled to reject, the Business's liability is limited to replacing the Equipment within a reasonable timeframe.

7. Defaults and Breaches

7.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month, and such interest shall compound monthly at such a rate after as well as before any judgment.
7.2 If the Hirer defaults in payment of any invoice when due, the Hirer shall indemnify the Company from and against all costs and disbursements incurred by the Business in pursuing the debt, including legal costs on a solicitor and own client basis and the Business's collection agency costs.
7.3 Without prejudice to any other remedies the Business may have, if at any time the Hirer is in breach of any obligation (including those relating to payment), the Business may suspend or terminate the supply of Equipment to the Hirer and any of its obligations under the terms and conditions. The Business will not be liable to the Hirer for any loss or damage the Hirer suffers because the Business has exercised
its rights under this clause.
7.5 Should the Hirer not be within communication with the Business, the Hirer permits use of their stored credit card payment with our Merchant facilitator to complete any outstanding balances.
7.6 Without prejudice to the Business's other remedies at law the Business shall be entitled to cancel all or any part of any order of the Hirer which remains unperformed in addition to and without prejudice to any other remedies the Business may have and all amounts owing to the Buisness shall, whether or not due for payment, become immediately payable if:
1. Any money payable to the Company becomes overdue, or in the
The Business's opinion of the Hirer will be unable to meet its payments as they fall due; or
2. The Hirer becomes insolvent, convenes a meeting with its creditors or
proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Hirer or any asset of the Hirer.

8. Title

8.1 The Equipment is and will at all times remain the absolute property of the Business.
8.2 If the Hirer fails to return the Equipment to the Business, then the Business or the Business's agent may enter upon and into land and premises owned, occupied or used by the Hirer, or any premises where the Equipment is situated, as the invitee of the Hirer and take possession of the Equipment, without being responsible for any damage thereby caused.
8.3 The Hirer is not authorised to pledge the Business's credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.

9. Risk

9.1 The Business retains property in the Equipment; all risk for the equipment passes to the Hirer on delivery.
9.2 The Hirer accepts full responsibility for and shall keep the Business indemnified against all liability in respect of all actions, proceedings, claims, damages, costs, and expenses in respect of any injury to persons or damage to property arising out of the use of the Equipment during the hire period, however arising and whether or not
arising from any negligence, failure or omission of the Hirer or any other persons.
9.3 The Hirer accepts full responsibility for the safekeeping of the Equipment and indemnifies the Business for all loss, theft or damage to the Equipment.
9.4 The Hirer will ensure, or self-insure, the Business's interest in the Equipment against physical loss or damage, including, but not limited to, the perils of accident, fire, theft, and all other usual risks and will affect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment. Further, the Hirer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

10. Warranty

10.1 No Warranty is provided by the Business in respect of the condition of the Equipment or its fitness for any particular purpose. The Hirer shall indemnify and hold harmless the Business in respect of all claims arising out of use of the Equipment.

11. Hire's Claim

11.1 The Hirer hereby disclaims any right to rescind, cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Hirer by the Business and the Hirer acknowledges that the Equipment is hired relying solely upon the Hirer's skill and judgment.

12. Hire's Responsibilities

12.1 The Hirer shall:
1. Satisfy itself at Commencement that the Equipment is suitable for its
purposes; and
2. Operate the Equipment safely, strictly following the law, only for its
intended use (including, but not limited to, not using the Equipment for he
transporting of unpackaged food products, flammables, dangerous, hazardous goods, and chemicals), and following any manufacturer's instructions, whether supplied by the Company or posted on the Equipment; and
3. Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use; and
4. Comply with all occupational health and safety laws relating to the
Equipment and its operation; and
5. Keep the Equipment in their possession and control, and shall not
assign the benefit of the hire contract, nor be entitled to a lien over the Equipment; and
6. Not alter or make any additions to the Equipment, including but without
limitation altering, making any additions to, defacing any identifying mark, or number on or in the Equipment, to any other manner interfering with the Equipment; and
7. Employ the Equipment solely in its work and shall not permit the
Equipment of any part thereof to be used by any third party for any other work; and
8. Do not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold; and
9. Return the Equipment empty, clean, dry and free of rubbish.
12.2 Immediately on request by the Business, the Hirer will pay:
1. The new list price of any Equipment that is, forwhatever reason destroyed, written off, or not returned to the Business;
2. All costs incurred in cleaning the Equipment;
3. All costs of repairing any damage caused by the ordinary use of the
Equipment up to an amount equal to 10% of the new list price of the Equipment;
4. The cost of repairing any damage to the Equipment caused by the
negligence of the Hirer or the Hirer's agent;
5. The cost of repairing any damage to the Equipment caused by vandalism, or (in the Company's reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Hirer.

13. Cancellation

13.1 The Hirer may cancel these terms and conditions or cancel delivery of
Equipment at any time before the Equipment is delivered by giving written notice. On giving such notice, the Business shall pay to the Hirer any sums paid in respect of the Price. The Business shall not be liable for any loss or damage whatever arising from such cancellation.
13.2 If the Hirer cancels delivery of the Equipment before 24 hours of the delivery, the Hirer shall be liable for any loss incurred by the Business (including, but not limited to, any loss of profits) up to the time of cancellation.

14. General

14.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts, where applicable
14.2 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.3 The terms and conditions and any contract to which they will apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
14.4 The Business shall be under no liability whatever to the Hirer for any indirect loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach by the Business of these terms and conditions.
14.5 In the event of any breach of this contract by the Business, the remedies of the Hirer shall be limited to damages. Under no circumstances shall the liability of the Business exceed the Price.
14.6 The Hirer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Hirer by the Business.
14.7 The Business may license or sub-contract all or any part of its rights and obligations without the Hirer's consent.
14.8 The Business reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Business notifies the Hirer of such a change.
14.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
14.10 The failure by the Business to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Business's right to subsequently enforce that provision.