Equipment Hire Terms and Conditions
1. Introduction
1.1. These terms and conditions (“Hire Terms”) are between Moveability Australia Pty Ltd, trading as Moveability Australia, (ABN 99 634 382 933) (“we”, “our” or “us”) and “you”, the person or entity hiring Equipment from us. If you are hiring Equipment on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Hire Terms.
2. Acceptance and Hire Period
2.1. You accept these Hire Terms by making part or full payment of the Hire Fee
2.2. Subject to clause 14.1, you agree to hire the Equipment for the Hire Period.
2.3. These Hire Terms will continue for the full time of the Hire Period.
3. Our Obligations
3.1. In consideration of you paying the Hire Fee and you complying with these Hire Terms, we agree to provide the Equipment to you for the Hire Period in accordance with these Hire Terms.
3.2. We will have no obligation to hire out the Equipment to you until we have received the first payment of the Hire Fee.
4. Collection, Delivery and Return of Equipment
4.1. You agree to pay for the reasonable costs of delivery or collection of the Equipment as set out in the Quote or on our website: www.moveabilityaus.com.au, or otherwise notified to you, if any. You agree that if you have hired more than one item of Equipment, you may return different items at different stages, but that an additional collection fee may be charged.
4.2. Unless otherwise agreed between the Parties we will invoice you for the delivery and collection costs (if any) prior to the start of the Hire Period and you must pay the delivery costs by the date set out in the invoice and prior to the start of the Hire Period.
4.3. Subject to your compliance with clause 6.2, we agree to use our reasonable endeavours to deliver the Equipment to the delivery location by the delivery time agreed between the Parties as set out in the Quote or on our website.
4.4. If you have hired the Equipment for at least 2 weeks, and have paid the Hire Fee upfront for a Hire Period exceeding 2 weeks, you may give notice in accordance with clause 14.1 that you wish to terminate the Hire Period early. Where the Equipment is returned to us, or collected by us, in accordance with this clause 4 we will give you a pro-rata refund (on a weekly basis) of the unused portion of the Hire Fee.
4.5. If the Parties have agreed that we will collect the Equipment from you at the end of the Hire Period (and you have paid the collection fee upfront in accordance with clause 6.2):
4.5.1. at the expiry of the Hire Period, you agree to make the Equipment available for collection by us in the condition in which you received it, at the return location and by the earlier of the return time agreed between the Parties as set out in the Quote or on our website or the date of termination of these Hire Terms as set out in clause 14 (“Collection Time”); and
4.5.2. you agree that if we arrive at the agreed location for collection at the Collection Time and the Equipment is not immediately available for our collection as set out in clause 4.5.1, we will continue to charge
4.6. This clause 4 will survive termination of these Hire Terms.
5. Your Obligations and Warranties
5.1. You agree:
5.1.1. that it is your responsibility to clarify any discounts or rebates directly with your plan manager or service provider, if applicable;
5.1.2. that, if you are a plan manager or service provider, you must clarify any discounts or rebates directly with your client;
5.1.3. to comply with these Hire Terms, any instructions for use Manual, our reasonable requests or requirements (including safety procedures and policies), and all applicable laws;
5.1.4. to provide all assistance, information, and all things reasonably necessary to enable us to comply with our obligations and rights under these Hire Terms and at law.
5.2. You acknowledge and agree that if there is a discrepancy between the terms and conditions in these Hire Terms and the Manual, the terms and conditions of these Hire Terms will prevail.
5.3. You must not accept these Hire Terms and/or hire Equipment unless you are at least 18 years old.
5.4. Please be aware that some of the Equipment we offer may not be suitable for children under 18 years old. Please take extra care when hiring Equipment for children under 18 years old.
6. Payment
6.1. In consideration for us supplying the Equipment, you agree to pay us the Fees, and any other amount payable to us under these Hire Terms, in accordance with these Hire Terms.
6.2. Unless otherwise agreed between the Parties:
6.2.1. we will invoice you for the Hire Fee at the intervals as set out in the Quote or on our website throughout the Hire Period; and
6.2.2. you agree to pay the amount in the invoice (and any other amount due and payable to us under these Hire Terms), using the payment method and by the due date set out in the invoice.
6.3. When applicable, GST is payable on the Fees and will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges.
6.4. If any payment has not been made in accordance with this clause 6, we may (at our absolute discretio
6.4.1. after a period of 5 Business Days, cease providing the Equipment and enter any premises where the Equipment is located to recover or repossess the Equipment (and you agree to provide any access, items and consents required to enable us to do so), and recover, as a debt due and immediately payable from you, our additional costs of doing so (including all recovery costs);
6.4.2. charge interest at a rate of 5% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause 6.
7. Warranties and Representations
7.1. You represent, warrant and agree that:
7.1.1. all information and documentation that you provide to us in connection with these Hire Terms is true, correct and complete;
7.1.2. the Equipment may only be operated by you or someone who knows how to operate the Equipment;
7.1.3. you will report any Accident which occurs during the Hire Period to us as soon as possible after it occurs;
7.1.4. you (and to the extent applicable, your Personnel) will provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to supply the Equipment;
7.1.5. you will not use the Equipment, or allow the Equipment to be used, in breach of any laws or the Manual;
7.1.6. you will keep the Equipment under your custody and control at all times, and you will not sublease, rent, sell, or otherwise transfer the Equipment to any other person; and
7.1.7. you will provide us and our Personnel with sufficient access, free from harm or risk to health or safety, to any premises where the Equipment is located, and any other premises reasonably necessary to enable us to provide the Equipment including to exercise our rights under clauses 4 and 11, at the dates and times during Business Hours that we may reasonably request.
8. Maintenance
8.1. During the Hire Period, in addition to and without limiting any other obligation under these Hire Terms, you agree to:
8.1.1. maintain the Equipment in accordance with any instructions for use provided with the Equipment;
8.1.2. only allow our Personnel to service or repair the Equipment, unless otherwise agreed to by us;
8.1.3. contact us immediately if there are any technical or mechanical issues with the Equipment;
8.1.4. protect and keep the Equipment in the condition in which you received it (including being in good working order and condition), subject to any fair wear or tear; and
8.1.5. prevent the Equipment from being subject to any loss, theft, damage, vandalism or destruction and notify us immediately if the Equipment is stolen, lost, destroyed, damaged or involved in an Accident.
9. Servicing and Repairs
9.1. You agree that you are responsible for the costs of any repair or replacement of the Equipment that is necessary as result of loss, theft, damage, vandalism, misuse or neglect to the Equipment during the Hire Period. Where we undertake the repairs or replacement on your behalf, you agree to pay us the costs of the repairs or replacement, as a debt due and immediately payable.
We may agree to undertake a general service check of the Equipment, at the times and dates as communicated by us to you, and you agree to do all things necessary to allow us to fulfil our obligations in this clause 9.2. We may, in our absolute discretion, provide you with the use of replacement equipment during any general service check.
10. Title and Risk
10.1. Risk in the Equipment will pass to you when we have delivered the Equipment to the location agreed between the Parties as set out in the Quote or on our website, or when you collect the Equipment from us.
10.2. You agree that once the Equipment has been delivered to the delivery location (as applicable and as agreed between the Parties), you will be solely responsible for the Equipment until it is collected by, or returned to, us and it is in our full custody and control.
10.3. Title in the Equipment will at all times remain with us, and you take the Equipment as a bare bailee only.
11. Australian Consumer Law
11.1. Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Equipment by us to you which cannot be excluded, restricted or modified (“Consumer Law Rights”). To the extent that you maintain Consumer Law Rights, nothing in these Hire Terms excludes those Consumer Law Rights.
11.2. Subject to your Consumer Law Rights, we exclude all warranties, and all material, work and services, including that the Equipment is provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis, except where expressly set out in these Hire Terms.
11.3. This clause 11 will survive the termination or expiry of these Hire Terms.
12. Limitation on Liability
12.1. Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by law:
12.1.1. neither Party will be liable for Consequential Loss;
12.1.2. a Party’s liability for any Liability under these Hire Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
12.1.3. in respect of any failure by us to comply with the relevant Consumer Law Rights, our Liability is limited (at our discretion) to:
12.1.3.1 replacing the Equipment or the supply of equivalent Equipment, or the payment of the cost of replacing the Equipment or of supplying equivalent Equipment; and/or
12.1.3.2 the repair of the Equipment, or the payment of the cost of having the Equipment repaired.
12.1.4. our aggregate liability for any Liability arising from or in connection with these Hire Terms will be limited to the recommended retail price of the relevant Equipment to which the Liability relates.
12.2. This clause 12 will survive the termination or expiry of these Hire Terms.
13. Indemnity
13.1. To the maximum extent permitted by law, you are liable for and you and agree to indemnify us and hold us harmless in respect of any Liability which we may suffer, incur or are otherwise liable for as a result of, or in connection with:
13.1.1. any property loss or damage, death or personal injury, arising from or in connection with your use of the Equipment;
13.1.2. any loss (including theft) of, or damage to, the Equipment when you are responsible for the risk in the Equipment in accordance with clause 10;
13.1.3. any failure to make the equipment available for collection as set out in clause 4 in the condition in which you received it; and
13.1.4. all Liabilities suffered or incurred by us in repossessing or recovering the Equipment in accordance with these Hire Terms.
13.2. This clause 13 will survive the termination or expiry of these Hire Terms.
14. Termination
14.1. After the 2 week minimum Hire Period, either Party may terminate these Hire Terms at any time, by giving 2 Business Days’ notice in writing to the other Party. When you give us notice in accordance with this clause, we will give you a termination reference number.
14.2. These Hire Terms will terminate immediately upon written notice by a Party (“Non-Defaulting Party”) if the other Party (“Defaulting Party”) breaches a material term of these Hire Terms and that breach has not been remedied within 5 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party.
14.3. Upon expiry or termination of these Hire Terms:
14.3.1. we will immediately cease supplying the Equipment;
14.3.2. you are to pay for any Fees due and payable prior to termination, and all other amounts due and payable under these Hire Terms;
14.3.3. by us pursuant to clause 14 you also agree to pay our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and
14.3.4. you agree to grant us such rights of access, in accordance with clause 4 to any premises where the Equipment is located to allow us (or our Personnel) to immediately recover or repossess the Equipment.
14.4. Termination of these Hire Terms will not affect any rights or liabilities that a Party has accrued under it.
14.5. This clause 14 will survive the termination or expiry of these Hire Terms.
15. Our Website
15.1. When using our website, you must not do or attempt to do anything that is unlawful or inappropriate, including:
15.1.1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
15.1.2. using our website to defame, harass, threaten, menace or offend any person;
15.1.3. using our website for unlawful purposes;
15.1.4. interfering with any user of our website;
15.1.5. tampering with or modifying our website (including by transmitting viruses and using trojan horses);
15.1.6. using our website to send unsolicited electronic messages;
15.1.7. using data mining, robots, screen scraping or similar data gathering and extraction tools on our website; or
15.1.8. facilitating or assisting a third party to do any of the above acts.
16. Variations
All variations to the Equipment to be supplied must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instruction or direction from you constitutes a variation to the scope of our obligations under these Hire Terms, then we will not be obliged to comply with such instruction or direction unless agreed in accordance with this clause.
17. General
17.1. “Amendment”: Subject to clause 16, these Hire Terms may only be amended by written instrument executed by the Parties.
17.2. “Assignment”: Subject to clause 17.3, a Party must not assign or deal with the whole or any part of its rights or obligations under these Hire Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
17.3. “Assignment of Debt”: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Hire Terms, to a debt collector, debt collection agency, or other third party.
17.4. “Disputes”: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
17.5. “Force Majeure”: Neither Party will be liable for any delay or failure to perform their respective obligations under these Hire Terms if such delay or failure is caused or contributed to by a Force Majeure Event. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Hire Terms.
17.6. “Governing law”: These Hire Terms are governed by the laws of South Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
17.7. “Notices”: Any notice given under these Hire Terms must be in writing addressed to the addresses set out in these Hire Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
17.8. “Relationship of Parties”: These Hire Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
17.9. “Third party sites”: Our website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites
18. Definitions
18.1. In these Hire Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Quote, and:
18.1.1. “Accident” means any accident or incident caused by or involving the Equipment, including but not limited to any incident or occurrence that results in the Equipment being damaged, lost or destroyed or any other property, thing, person or animal being injured, killed, damaged, lost or destroyed (as applicable).
18.1.2. “ACL or Australian Consumer Law” means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
18.1.3. “Agreement” means these Hire Terms and conditions and any documents, attached to, or referred to, in it.
18.1.4. “Business Days” means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.
18.1.5. “Business Hours” means 9.00 am – 5.00 pm on Monday to Friday, 10.00 am to 1.00 pm on Saturday, and Sunday by appointment.
18.1.6. “Consequential Loss” means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Hire Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us any fees under these Hire Terms will not constitute “Consequential Loss”.
18.1.7. “Consumer Law Rights” has the meaning given in clause 11.1.
18.1.8. “Dispute” has the meaning given in clause 17.4.
18.1.9. “Equipment” means the equipment and any accessories the subject of these Hire Terms, as particularised in the Quote or on our website.
18.1.10. “Fee” means the Hire Fee.
18.1.11. “Force Majeure Event” means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
18.1.12. “Hire Fee” means the daily or weekly hire fee as set out in the Quote or on our website, and includes a sanitization fee.
18.1.13. “Hire Period” means the hire period as set out in the Quote or on our website or such shorter period where these Hire Terms are terminated in accordance with clause 14.1. The Hire Period is at least two weeks, unless otherwise agreed between the Parties.
18.1.14. “Hire Term” means the term of these Hire Terms, commencing on the date they are accepted and ending on the later of the date the Equipment is collected by us in accordance with these Hire Terms or the expiry of the Hire Period, unless these Hire Terms are terminated earlier in accordance with its terms.
18.1.15. “Liability” means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Hire Terms or otherwise.
18.1.16. “Manual” means any manual, provided by us to you, as to the operation, use, restrictions, guidelines or safety instructions for the Equipment.
18.1.17. “Personnel” means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.
18.1.18. “PPSA” means the Personal Property Securities Act 2009 (Cth).
18.1.19. “Quote” means the quote we may provide to you setting out the Equipment and the Hire Fee.
For any questions and notices, please contact us.
