TERMS & CONDITIONS

Terms and Conditions of Hire from Peninsula Toilet Hire

These Terms and Conditions (Terms), as amended or replaced from time to time, apply to any hire items, goods or services supplied or to be supplied to the Customer, or any third person on the Customer’s behalf.  Any reference to the Customer also includes its respective successors or permitted assigns.  The singular includes the plural and the converse.  If the Customer constitutes more than one person or entity, the Terms bind each of them jointly and severally.

1. Payment:
2. The customer must pay the invoiced amount in full prior to delivery, free of any set off, counterclaim or any other deduction unless alternative payment arrangements have been made in writing. Peninsula Toilet Hire (PTH) may allocate payments in any manner it chooses.  Credit card payments will attract a 1.2% fee.  Extension of hire must be paid within 7 days of the invoice date unless otherwise agreed to in writing by PTH.
3. Acceptance of delivery of product constitutes customer acceptance of invoice amount and all Terms.
4. The price of all goods and services is inclusive of GST
5. The customer will pay costs related to debt collection services on outstanding invoices
6. A 15% debt collection fee will be added to all accounts that are sent for debt collection for non-payment.

2. Risk and Title:
3. Risk of any hire items or goods passes to the Customer on delivery.
4. Title remains with PTH until the Customer has paid PTH for all goods and services supplied in full and in cleared funds. Title of hire items remains with PTH at all times.
5. The customer must store any goods or hire items belonging to PTH in a manner to prevent any deterioration, theft or damage.
6. The Customer shall not sell or offer for sale, mortgage, assign, pledge, encumber or otherwise deal with the hire item or any part thereof in any manner without the express consent of PTH.
7. Orders and Delivery:
8. Each order by the Customer will constitute an offer only, by the Customer to PTH until the invoice has been paid in full.
9. PTH reserves the right to vary any prices quoted by PTH, prior to any order being accepted.
10. PTH will not be responsible for any failure to fulfil any part of any such order, nor entitle the Customer to cancel or vary any such order. A cancellation fee of 50% of the invoice value applies.
11. Cancellation of delivery must be advised no later than COB the day prior to the event.
12. No refund is given for deposits paid.
13. Refunds of monies paid will not be available once PTH products as ordered have left PTH premises and are in transit to the customer address whether the event is cancelled, delayed or finishes early. 50% of the invoice value will be deducted from any agreed refunds as an administration fee.
14. Delivery to the Customer will be via PTH crane truck. The truck and crane require 2.9m width and up to 3.5m height delivering the hire equipment.  Suitable access is required.  The hire equipment cannot be handled manually due to OH&S regulations and must be put in place via crane.  Where delivery cannot be affected due to insufficient delivery space or other obstacle, a delivery charge will occur.
15. Delivery will be at the driver’s discretion. If there is insufficient access, dangerous conditions or other hazards, delivery may not be affected.  The Customer must provide suitable access.  The Customer will not be entitled to a refund and may be charged an additional delivery fee in this instance.
16. PTH will not be liable for any delays. Delays caused by the Customer will incur an additional delivery fee.
17. PTH may stop goods in transit whether or not delivery has been made if the Customer is in default at any time.
18. PTH may in its absolute discretion unload hire items at any premises that the customer nominates for delivery. If the Customer is not in attendance at any nominated premises, PTH may leave any hire items or goods and PTH shall not be responsible for any claims, damages, costs or expenses arising or resulting therein from including any claim that the hire items were not delivered.
19. Delivered hire items or goods may not be returned unless defective or damaged in transit. Claims for defective or damaged goods must be notified within 24 hours of delivery and made in writing within 7 days of delivery.  All claims are subject to inspection by PTH.
20. The hire item shall not be towed or otherwise moved by the Customer without the express permission of PTH. Damages, extra pick-up costs, extra service costs or delays caused by this will be at the expense of the Customer.
21. The Customer irrevocably authorises PTH and any of its lawful agents, at any reasonable time, to enter the Customer’s premises or any premises occupied by the Customer or its agents and re-take any hire items or goods without prejudice to PTH’s right to claim the balance of all moneys due. The Customer indemnifies PTH in respect of any such entry.  The provisions of this clause survive the termination of any security agreement that arises in respect of these terms.
22. The Customer shall maintain the hire item in good and serviceable condition. Additional cleaning or maintenance due to lack of care by the Customer will result in additional charges.
23. PTH may after one month and in any manner it sees fit dispose of any property left in the hire item upon its return to PTH without notice to the Customer and without liability to PTH.
24. Long term hires booked in advance include a courtesy monthly pump-out service. For the service to be completed, PTH require access to the site without hinderance.  If PTH cannot access the site, and all attempts have been made to contact the customer representative, the service will be rescheduled for the following month.  If PTH is required to come back prior to the next scheduled service, a fee will be charged.

4. Notification:
5. If any damage, breakdown or accident occurs to or involves the hire item or goods, the Customer shall forthwith notify PTH of all details of the incident as PTH may reasonably require.

5. Customer’s Liability:
6. The Customer will be liable for and indemnify PTH against any loss, expense and/or damage caused to the hire items or goods whilst in the Customer’s possession or under the Customer’s control arising out of whatever circumstance or cause.
7. In the event the hire item or goods are lost or destroyed, the Customer shall pay to PTH the full replacement value of the hire item or goods within 7 days. In the event of damage caused to the hire item or goods can be repaired, the Customer shall pay the full cost of such repairs within 7 days.
8. The Customer shall be liable for the usual daily hire fee from the Pick-up Date until such time as PTH is fully compensated for the loss, damage and/or replacement and until such time as the hire item or goods are either able to be replaced or repaired.
9. In the event that the Customer is unable or refuses to return the hire item or goods to PTH on the Pick-up Date PTH may at its discretion and at the expense of the Customer, take such action as it deems necessary to recover possession of the hire item or goods and the Customer hereby permits PTH to enter the premises in or on which the hire item or goods are located for recovery purposes.
10. PTH shall not be liable to the Customer for any loss, damage or expense incurred or sustained by the Customer by any reason of any action taken by PTH to recover possession of the hire item or goods.
11. Customer to Indemnify PTH:
12. The Customer shall be liable for and indemnify PTH, its servants and agents against all claims, damages, suits, actions and demands arising from any loss, damage or injury to any other person or other property arising out of the use, possession or control of the hire item or goods pursuant to these Terms.
13. To the extent permitted by law, PTH, its servants and agents shall not be liable to the Customer and/or their servants or agents for any loss, cost or damage occasioned to the Customer by any reason of delay, inconvenience, expense, injury or loss of any kind due to any damage or breakdown of the hire items or goods or for any damage to property or for personal injury to the Customer or to any other person arising out of the use of the hire item or goods or for damage to any property whatsoever being conveyed in or by the hire item or goods or for any representation, warranty, term or condition expressed or implied.
14. Security Agreement:
15. The Customer agrees that these Terms, including any order and invoice covering any goods or hire item ordered by the Customer, constitute a security agreement for purposes of the Terms.
16. Enforcement:
17. If an Event of Default occurs or is continuing, PTH may immediately enforce these Terms. Without limitation this includes:

• Retaking possession of any hire items or goods not paid for by the customer.
• Suspending delivery of any hire items or goods on order and/or refusing to process any unfulfilled order.
• Enforcing any security interest.
• Requiring payment of any proceeds held by the customer in a separate account or otherwise.
• Appointing a receiver and manager of any of the Customer’s real or personal property. The Customer agrees that any such receiver and manager has the powers conferred by the Corporations Act.

1. The powers exercisable by PTH are those given by these Terms including by statute, at law or in equity.
2. The Customer will pay PTH for its expenses, including mercantile agent’s fees and any fees and commission paid to mercantile agents engaged by PTH in relation to the actual or contemplated enforcement of the supply agreement including legal costs and expenses on a full indemnity basis.
3. Force Majeure
4. PTH is not liable for any delay or the failure to perform any obligation in the Customer’s favour arising as a result of any event beyond PTH’s control.
5. General
   1. The customer will advise PTH in writing, if it changes its name, its structure or officers or management, its registered office, become a trustee of any trust or if the constitution of any partnership of which it is a member changes.
   2. Any certificate signed by PTH, any director or any other person authorised by PTH as to the amount due and payable by the Customer or as to the delivery of goods is conclusive evidence of such matters as at the date of any such certificate unless proven wrong.
   3. If any provision of these Terms is unenforceable for any reason, it will not invalidate any other provision which will remain in full force and effect despite that invalidity.
   4. These Terms contain the entire agreement in respect of the supply of hire items, goods or services to the Customer.
   5. PTH may at any time set off any amount PTH owes the Customer against any amount payable by the customer to PTH whether or not the amount owed PTH is due and payable or actually or contingently payable by the Customer.
6. Governing Law:
7. These Terms are governed by the laws of Victoria. The Customer submits to the non-exclusive jurisdiction of any Victorian court and waives any rights to claim that courts there are an inconvenient forum.
8. Notices:
9. Any notice required under these Terms may be given by any party, including any director or authorised person of that party.
10. Any notice may be given at that party’s registered address or other address stipulated in any application in connection with these Terms or as notified in writing for the purposes of this clause. Without limitation, this includes any electronic address notified to the other party.
11. Time:
12. For the purposes of any payment obligation under these Terms, time is of the essence.
13. Survival of indemnities:
14. Each indemnity and payment obligation of the Customer under these Terms is a continuing obligation, separate and independent from all other obligation, and survives termination of these Terms.
15. It is not necessary for PTH to incur expense or make a payment before enforcing a right of indemnity.
16. Exclusion of Implied Terms:
17. To the extent permitted by law, PTH excludes all conditions, warranties, terms and customer guarantees implied by law (including Australian Consumer Law) arising in connection with a supply of goods or services. To the extent permitted by law, PTH limits its liability in its discretion to replacing the goods or supplying equivalent goods, or, in the case of services, by supplying the services again.  The Customer will rely on its own knowledge, skill and judgement in selecting goods and services which it orders from PTH from time to time.
18. Limitation of Liability:
19. To the extent permitted by law, PTH excludes any liability in contract, tort (including negligence) or otherwise, in connection with the supply of hire items and services for any indirect damages or loss, or for any special, punitive or exemplary damages. This includes any liability for a claim that the hire items or services are not fit for purpose.
20. Disputes:
21. If a dispute arises in connection with the supply of any hire item, goods or service, the Customer agrees to pay PTH any outstanding money as a condition of any disputed invoice. Such invoiced amount is to be held by PTH until resolution of the dispute.  To the extent permitted by law, until complied with, the obligation to pay the invoiced amount shall operate as an absolute bar to any defence, claim or action by the Customer.