Terms & Conditions for Crate, Skate & Equipment hire
1. In these conditions of hire:
“TRC” means TRC Pty Ltd A.B.N 35 107 967 706, the registered office of which is at 2 Second Avenue, Moorabbin Airport, Mentone, Victoria.
“Hirer” means any person, firm or corporation to whom or to which equipment is hired by TRC and includes, his, her, its or their successors and permitted assignees.
“Equipment” means TRC supplied, branded or marked equipment transferred, supplied or on hired to the Hirer pursuant to a Hire Agreement between TRC and the hirer.
“Crates and Skates” means TRC supplied, branded or marked Crates and Skates transferred, supplied or on hire to the hirer pursuant to a Hire Agreement between TRC and the Hirer.
The Singular shall be deemed to mean and include the plural and the neuter gender shall be deemed to mean and include
the masculine and feminine gender and vice versa and these conditions of hire shall bind the hirer if more than one jointly
and each of them severally.
2. Charges including hire charges shall become immediately due and payable within seven (7) days of service on the Hirer
by TRC of a statement or invoice for the relevant period.
Hire charges shall accrue daily and shall be calculated on the total number of Crates and Skates and Equipment on hire
on each day. The total number of Crates and Skates and the Equipment stated in an invoice as being or as having been on hire shall be a final, conclusive and binding determination of such total number of Crates and Skates and Equipment unless.
a) the Hirer within fourteen (14) days of service of such invoice gives notice in writing to TRC that the Hirer disputes the total number of Crates and Skates and the Equipment so stated or TRC within 60 days of service of the invoice renders an amended invoice;
b) there is a clerical error manifest on the face of such
3. The total number of Crates and Skates and Equipment which shall be deemed to be on hire to a Hirer on any given day shall be the number of Crates and Skates and Equipment which on or before that day has been hired out to the Hirer or supplied or transferred to the Hirer pursuant to Condition 5 hereof less the number of Crates and Skates and Equipment is:
a) returned to TRC by the hirer before that day
b) transferred to a transferee, pursuant to Condition 5 hereof, before that day.
4. In addition to hire charges, the Hirer shall also make payments and indemnify TRC for all costs for:
a) transport to and from the Hirer and/or any costs of repossession by TRC of the Crates and Skates and Equipment on hire; and
b) insurance whilst such Crates and Skates and Equipment is in transit to or from the Hirer.
These costs shall be paid by the Hirer and shall constitute liquidated damages recoverable summarily.
5. Where a Hirer transfers Crates and Skates and Equipment to another TRC Account Holder, such transfer shall be effective as a hiring of such TRC Account Holder by TRC and will thereby reduce the number of Crates and Skates and Equipment on hire to the Hirer with effect from the date of transfer subject only to the following: -
(i) the Hirer obtaining the prior written consent of TRC to the proposed transfer, which consent shall not be unreasonably withheld; and
(ii) the proposed Transferee agreeing to the transfer of the Crates and Skates and Equipment to it by the Hirer.
6. As of the date of delivery to the Hirer or to a Transferee pursuant to Condition 5 hereof the Crates and Skates and Equipment shall be deemed to be in good order and condition and such Hirer or Transferee shall be responsible for all damages to the Crates and Skates and Equipment on hire to that Hirer or Transferee.
7. If the hirer should fail to return to TRC on the due date all the Crates and Skates and Equipment on hire to it, or should fail to return all or any of the Crates and Skates
and Equipment in good order and condition, TRC may at its absolute discretion require the Hirer to: -
(a) in respect of any Crates and Skates and Equipment not returned by the Hirer to pay such additional sum as determined by TRC, being for recovery of costs and loss of earnings: provided always that the payment to TRC of any further sum as above shall under no circumstances confer on the Hirer any proprietary rights or other interests whatsoever in the Crates and Skates and Equipment not so returned by the Hirer, which Crates and Skates and Equipment shall, despite the payment, at all times remain the property of TRC;
(b) with regard to the Crates and Skates and Equipment returned from hire which are not in good order and condition, to pay TRC the cost of repair (including labour and materials) of the defective Crates and Skates and Equipment.
Where TRC requires compliance of the Hirer with either one or both of sub-paragraphs (a) and (b) of this Condition, it shall serve notice in writing to the Hirer to that effect. On compliance by the Hirer with a requirement of TRC under sub-paragraphs (a) and (b), or both as the case may be, the Crates and Skates and Equipment not so returned or returned but not in good order and condition shall thereafter be deemed for the purposes of the hire agreement only to have been so returned to TRC in good order and condition as from the date of compliance by the Hirer with the notice.
In the event the Hirer does not comply with the Notice within fourteen (14) days of service of that Notice, TRC shall be entitled to proceed in a Court of Law against the Hirer to the full extent of the amount as set out in the Notice and such costs shall constitute liquidated damages recoverable summarily.
8. Subject to Condition 5 hereof, the Hirer during continuance of the hire will not sell, offer for sale, assign, pledge transfer or otherwise deal with the Crates and Skates and Equipment or any of them, or with any interest in them or any of them or with any interest in this agreement, without the prior written consent of TRC, and will protect the Crates and Skates and Equipment against distress, execution or seizure and indemnify TRC against all losses, charges, damages and expenses incurred by it by reason or in respect thereof.
9. To the full extent allowed by law the Hirer releases and indemnifies TRC from and against all claims whether for damages or otherwise, arising directly or indirectly out of any loss damage death or injury whatsoever caused or contributed by or arising out of or in connection with the Crates and Skates and Equipment whilst on hire to the Hirer which release and indemnity shall extend to and include (but without limiting the generality thereof) all costs and expenses incurred by TRC in investigating and/or
defending such claim.
10. If default of payment of any hire charges or other charges due and payable to TRC under this agreement continues beyond seven (7) days after the due date, TRC may at any time thereafter serve without further notice upon the Hirer a notice in writing terminating the hire agreement with the hirer, which notice shall take effect on the date specified therein or the date of service, whichever is the latter, and upon such day, the Hirer shall forthwith return to TRC all Crates and Skates and Equipment on hire from TRC.
TRC shall be entitled without further notice to proceed in a Court of Law against the Hirer to the full extent of the amount as set out in the Termination Notice and such amount constitute liquidated damages recoverable summarily. If the Crates and Skates and Equipment on hire are not so returned immediately following termination of the hire agreement, TRC may enter the premises occupied by the Hirer and remove all Crates and Skates and Equipment there without liability for trespass or otherwise and the Hirer shall not be entitled to any damages or compensation for any loss or damages suffered directly or indirectly from such terminating of the hire agreement or the entry on to the Hirer’s premises by TRC or its agents for the purposes of repossession of the Crates and Skates and Equipment on hire.
11. Notwithstanding the foregoing, on termination of the hire agreement as provided by Condition 10, the Hirer shall remain liable to TRC for all hire charges for the Crates and Skates and Equipment to such date as the Crates and Skates and Equipment are returned by the Hirer to TRC or are removed/repossessed by TRC.
12. The Hirer shall be liable to TRC for all costs and expenses incurred by TRC in the service of the notice as provided by Condition 10, and for all costs and expenses incurred in the recovery by TRC of the Crates and Skates and Equipment.
The costs and expenses shall constitute liquidated damages recoverable summarily.
13. The Hirer shall notify TRC forthwith if an order for the sequestration of estate of the Hirer shall be made against him or if he shall call a meeting of his creditors or if he shall execute any assignment for the benefit of or compound with his creditors or if the Hirer (being a limited company) shall enter into compulsory voluntary liquidation or if there shall be appointed a receiver, receiver/manager or official manager of the Hirer or if any execution or distress shall be levied against the Hirer or he shall allow any judgement against him to remain unsatisfied or if any mortgagee or its assigns gives notice to the Hirer of any default or demand to enter into receipt of the profits of the Hirer or takes possession of the Hirer’s property or if he shall fail to observe or perform or shall commit any breach of any Condition of Hire and in any or other of the said cases, TRC may without notice except as otherwise provided determine the hiring and shall be entitled to enter onto the premises of the Hirer for the purpose of recovering the Crates and Skates and Equipment on hire to that Hirer without liability to the Hirer for trespass or otherwise.
14. If the charges for the Crates and Skates and Equipment shall not be paid within seven (7) days of receipt of an invoice from TRC for the hire charges, the Hirer shall pay to TRC interest on the arrears if hire charges at the rate of 12.29 percent (%) per month or part thereof from the date of service of the invoice until payment and all costs and expenses incurred by TRC in obtaining payment of the arrears shall be recoverable from the Hirer in addition to and without prejudice to any other right that may accrue to TRC as a result of the hire agreement.
15. Without prejudice to any other valid mode of service any notice or invoice hereunder shall be deemed to have been properly served and given and rendered if left at or sent by prepaid letter post to the address of the hirer last notified by the Hirer to TRC and if sent by post such service shall be deemed to have been effected on the day on which it would have been delivered in the ordinary course of the post.
16. Unless otherwise notified by TRC the specifications of The Crates and Skates and Equipment supplied by TRC will be in accordance with TRC Specification which is generally aligned to the Australian Standards.
17. These conditions, which replace other terms of hire (if any) previously applicable, together with our quotation constitute the whole agreement between TRC and the Hirer and no variation of such agreement shall bind either party unless confirmed by TRC in writing. TRC reserves the right to amend these Conditions of Hire from time to time and proof of posting of any amendment shall be deemed sufficient notice to bind the Hirer to the amended Condition.
18. Any time or other indulgence granted by TRC to the Hirer shall not affect the strict enforcement by TRC under this hire agreement.
19. The Hirer will not deface, cover, remove or interfere with any logo, trademark, name or other identifying mark, feature,
colour or printing on any Crates and Skates or Equipment.
20. The Hirer shall not permit or cause Crates and Skates or Equipment to become contaminated by hazardous, corrosive, toxic, radioactive or any other dangerous substance and will take all reasonable steps and care of the Crates and Skates and Equipment while in his possession.
21. The Hirer shall not assign or purport to assign any of its rights under the Contract without the prior written consent of
TRC. Where a Hirer wishes to assign this agreement or where it is intended that another person, firm or corporation is to succeed the Hirer shall, no less than ninety (90) days prior to the proposed assignment or succession, notify TRC in writing.
22. If any provision of this Agreement is void or voidable or unenforceable or illegal but would not be void, voidable or
unenforceable or illegal if it were read down and it is capable of being read down it shall be read down and apply accordingly. Provided however that should a term condition or provision of this Contract still be void, voidable, unenforceable or illegal then that provision term or condition is hereby severed and the remainder of the Contract has full force and effect.