I, , – ABN   hereby accept the hire charges & agree to Container Sales Australia terms & conditions detailed below

Container Sales Australia Hire Agreement

48/36-42 Enterprise Circuit, Maryborough West QLD 4650
T: 0427 000 222 Email; sales@contsalesaust.com.au
ABN: 85 657 552 942

 

GENERAL CUSTOMER INFORMATION

Name:		Telephone:
Email:		Contact:	()
Postal Address: ABN,

 

CONTAINER DETAILES

Container No	On- Hire Date	Rate	Transport Cost
Delivery Address:

 

Container No	On- Hire Date	Rate	Transport Cost
Delivery Address:

 

Container No	On- Hire Date	Rate	Transport Cost
Delivery Address:

*Please note above rates are all GST exclusive

 

Agreement

This Hire Agreement between Container Sales Australia (“Hirer”) and , – ABN (“Hiree”) represents the entire agreement between parties with respect to the above mentioned equipment.

Please refer to Terms & Conditions for detailed explanation of this agreement.

I, Hereby agree to Container Sales Australia terms & conditions

Container Sales Australia (CSA)
Hire Terms & Conditions

1. HIRE CHARGES

Hirer agrees to pay hire charges as set forth in this Agreement for all equipment described thereon from the day such equipment is delivered to Hirer up to and including the day such equipment is off-hired. The hire rate listed in this Agreement is firm for the period nominated.

2. DELIVERY

CSA agrees to supply equipment of the type specified on an as available basis ex CSA depot locations in Australia. Hirer acknowledges receipt of the equipment hired hereunder in good condition as evidenced conclusively by its execution of this Agreement. Any time quoted by CSA for delivery of equipment is an estimate only and CSA is not liable for late delivery, or non-delivery, for any reason. CSA shall not be liable to Hirer for any consequential loss or damage arising from such delay or non-delivery or non-supply. The equipment covered by this Agreement will be located at the Hirer’s address listed in this Agreement for the duration of the hire. Written approval from CSA is required prior to any relocation of the equipment.

3. ACCOUNT CUSTOMERS

CSA Containers, must receive payment of the invoiced amount, including GST, without deduction, within 14 days of the date of CSA invoice. If Hirer commits any act of insolvency, all money due and owing by Hirer to CSA, whether by way of credit or otherwise, will become due and payable immediately. CSA reserves the right to suspend, with or without notice, any deliveries of goods or services if any payment due by Hirer to CSA is overdue. Hirer must pay interest on the overdue amount, at 10 percent per annum, from the due date for payment until paid. Hirer must pay all costs and expenses (including legal costs) that may be incurred by CSA in the attempted recovery of the overdue amount.

4. OPERATION, MAINTENANCE AND REPAIR

Hirer shall at its sole cost and expense, maintain the equipment in good repair and safe operating condition. CSA container’s equipment is identified by appropriate lettering and numbering, which Hirer agrees not to change or obliterate, except that at the request of CSA, Hirer may change or supplement such marks, as CSA shall request. Hirer may, however, add other markings as may be required, provided that the equipment so marked when returned by Hirer to CSA, shall be free of all such markings. If Hirer fails to remove such markings, CSA may remove such markings for the account of Hirer. Hirer shall have no power to incur, and shall keep the equipment free from charges, liens or encumbrances. Hirer shall comply with all legislation, by-laws and regulations affecting the use of the equipment.

5. REDELIVERY AND OFF-HIRE

Containers shall be returned to CSA’s designated depot as listed in this Agreement. Equipment shall be off-hired on the date of physical redelivery into CSA’s depot. To confirm an off-hire, the Hirer must fax or email the attached Off-Hire Notification Form. Hirer is liable to CSA for all damage to or loss or destruction of the equipment subsequent to delivery and prior to return to CSA except that caused by normal wear and deterioration. Normal wear and deterioration shall not include damage by forklifts or other handling equipment, or changes, which could have been prevented by normal maintenance and/or reasonable care in use. Hirer agrees to redeliver containers in clean condition and free of labels and graffiti. Upon redelivery of containers, damage repair or cleaning costs shall be to the account of Hirer. Hirer will pay such repair or cleaning costs, including GST, without deduction, within 14 days of the date of CSA’s invoice. In the event of loss, theft, destruction of the equipment or damage thereto which CSA, in its sole discretion shall determine is not repairable, rental charges shall terminate upon receipt by CSA of written notice of such event, provided payment of the replacement value for the equipment as stated on the cover of this Agreement is made to CSA within thirty (30) days of such notice. If payment is not made within thirty (30) days, rental charges shall continue to accrue unabated until CSA receives such payment. Payments by Hirer shall not be applied to charges for the replacement value of equipment unless specified by Hirer. Should Hirer fail to return equipment upon termination of the Agreement Hirer agrees that all of its obligations (including, without limitations, the obligation to pay the hire charges) to CSA shall continue in effect until all equipment hired under this Agreement has been returned to CSA Containers.

6. SUB-HIRE AND ASSIGNMENT

Hirer shall not have the right to assign this Agreement or to sublet, rent or otherwise hire out or part with possession of the equipment, to any other party without prior written consent of CSA Containers and such consent of CSA shall not operate to relieve Hirer of any of its obligations hereunder. Hirer may not direct interchange equipment to another party.

7. QUIET ENJOYMENT

Hirer’s obligations under this Agreement are absolute and shall not be affected by any circumstance or event beyond Hirer’s control, of whatever nature. Provided Hirer complies with all of the terms and conditions of this Agreement, Hirer shall have quiet possession of the containers.

8. DEFAULT, REMEDIES UPON DEFAULT

Should Hirer default (i) in the payment of any sum due hereunder within fourteen (14) days of the date Hirer is invoiced by CSA, (ii) in the performance of its other obligations under this Agreement, or (iii) cease doing business as a going concern, become insolvent, commit an act of bankruptcy or become the subject of any proceeding under any bankruptcy act, or its counterpart under the law of any territory outside of the jurisdiction of Australia, then CSA may without notice and without releasing Hirer of its obligations hereunder, terminate this Agreement, declare the balance of the rental to be due and payable, and retake possession of the equipment free of any claims of Hirer, and for this purpose Hirer hereby irrevocably authorises CSA to enter upon any property occupied by Hirer for the purpose of removal of containers hired to Hirer. CSA may, in its sole discretion, waive a default by Hirer, but any such waiver or waivers shall not be construed to modify the terms of the Agreement between CSA and Hirer. In the event of such termination by CSA, Hirer shall no longer be in possession of the equipment with CSA’s consent and Hirer shall return the equipment to CSA’s designated depot as listed in this Agreement. Hirer shall continue to pay rental charges for equipment until the equipment is (i) returned in as good condition as received, normal wear and deterioration excepted, (ii) repaired and fit for subsequent rental, or (iii) settlement is made. Without limiting Hirer’s indemnity obligations under Section 9 of these Hire Terms & Conditions, should CSA retake possession of all or any part of the equipment, Hirer authorises CSA to take possession of any property in, on or attached to such equipment which is not the property of CSA, and without liability for its care or safekeeping, to place such property in storage at the risk and expense of Hirer. With regard to any equipment not returned to CSA within thirty (30) days of termination, Hirer will then owe CSA an amount equal to the full replacement value as provided for in the Agreement, without regard to depreciation, for any equipment which has not been redelivered. Termination shall not relieve Hirer of any liabilities or obligations incurred prior to such return, repair or settlement. If Hirer shall neglect or omit to do anything in relation to the equipment whereby CSA’s interest therein may be adversely affected, then CSA may remedy such neglect or omission and all monies expended in so doing shall forthwith be payable by Hirer to CSA. Repayment shall carry interest at the rate of ten (10%) percent per annum accruing on a daily basis until full repayment is received by CSA.

9. INDEMNITY

Hirer shall indemnify and hold CSA Containers harmless from all liability, damage, cost or expense (including, without limitation, expenses in defending any claim or suit such as attorney’s fees, court costs and other expenses) arising out of any (i) failure of Hirer to comply with its obligations under this Agreement; (ii) any claim whether private or governmental for personal injury or death, and for loss of or damage to person, property, cargo or vessels arising out of or incident to the ownership, selection, possession, leasing, operation, control, use, storage, loading, unloading, moving, maintenance, delivery or return of the equipment; (iii) any forfeiture, seizure, or impounding of, or claim of charge, lien or encumbrance on the equipment. Each party undertakes promptly to give notice to the other of claims against it or action against it with respect thereto and Hirer agrees not to settle any action without the consent of CSA.

10. LIMITATION OF LIABILITY

To the extent permitted by law, CSA Containers and its servants and agents are not liable for any loss or damage (including without limitation loss or damage caused by the negligence of CSA, or its servants or agents, and incidental and consequential loss or damage) arising from or in connection with the supply of goods or services.To the extent permitted by law, the liability of CSA or its servants or agents (including liability for negligence) is limited to the replacement or re-supply of equivalent goods or the cost of such replacement or re-supply (whichever is the lesser); or the re-supply or the cost of the re-supply of services (whichever is the lesser).The equipment is hired as is. No condition or warranty whatsoever of any kind has been given by CSA, and all conditions and warranties whether expressed or implied, whether in relation to the fitness of the equipment for any particular purpose or country, or whether in relation to merchantability or as to description, state, quality or condition of the equipment at delivery or at any other time are hereby waived, excluded and extinguished. CSA is not liable for any loss or damage Hirer may suffer if CSA cannot do what it has promised because of events beyond its reasonable control.

11. ENTIRE AGREEMENT

Hirer agrees that CSA Containers will only hire equipment, itemised in a Quotation or otherwise, pursuant to this Agreement, and any additional term included in the Quotation. An agreement between the parties may not be varied without the prior written consent of CSA.

12. WAIVER

The failure, delay, relaxation or indulgence on the part of CSA in exercising any power or right conferred upon CSA by this Agreement does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under this Agreement