ContainYourself Aust

TERMS AND CONDITIONS OF HIRE AND LEASE

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1. Agreement Overview
1.1 These Terms and Conditions govern the hire and lease of items ("Equipment") provided by Contain Yourself AUST ("the Company") to the hirer/lessee ("the Hirer").

 

2. Payment Terms
2.1 The Hirer agrees to pay all invoices and charges issued by the Company in accordance with the terms outlined herein or within invoices sent.

 

2.2 In the event of default, fraud, or breach of terms, the Hirer shall be subject to any and all costs incurred by the Company. Late payments shall incur a 15% interest charge per 14 days on any outstanding amounts.

 

3. Security Deposit

 

3.1 The Company may require a security deposit from the Hirer, refundable upon the satisfactory return of Equipment.

 

4. Storage and Return

 

4.1 The Hirer is responsible for the secure storage and return of Equipment at the end of the hire/lease term.

 

4.2 The Hirer shall bear any costs associated with the transportation, storage, and return of Equipment.

 

4.3 The Hirer is solely responsible for the rectification costs associated with returning items to the condition they were received, including any damage or wear incurred during the rental/lease period.

 

5. Condition of Equipment, Equipment Responsibility

 

5.1 The Hirer is responsible for maintaining the Equipment in good condition during the hire/lease term.

 

5.2 The Company reserves the right to assess and charge for any maintenance and/or damages/rectification works required beyond what is deemed reasonable wear and tear by the Company.

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5.3 The lessee agrees to take full responsibility for the rented equipment from the moment of receipt until it is returned to the lessor         in good condition, normal wear and tear excepted.

 

5.4 Total Loss, Damage, and Theft

 

• Total Loss: In the event of total loss or destruction of the equipment, the lessee shall be liable for the full replacement cost of the equipment with new items of equivalent make, model, and specifications.

• Damage: Should the equipment be damaged beyond economical repair, the lessee agrees to pay the lessor the cost of a new replacement of the same or equivalent model.

• Theft: If the equipment is stolen, the lessee must report the theft to the appropriate law enforcement authorities within 24 hours and provide the lessor with a copy of the police report. Regardless of insurance, the lessee is responsible for the cost of replacing the stolen equipment with new items.

 

5.5 Replacement Costs

 

• The replacement cost will be based on the current market price for new equipment of the same or equivalent make and model at the time of the incident. No depreciation will be applied in calculating replacement costs.

 

5.6 Payment for Loss or Damage

 

• Upon occurrence of loss, damage, or theft, the lessee agrees to pay the lessor the full replacement cost within 30 days from the date of the incident. If payment is not made within this timeframe, the lessee will be subject to late fees and potential legal action for recovery.

 

5.7 Insurance Requirement

 

• The lessee is required to secure and maintain insurance coverage for any and all equipment rented under this agreement. This insurance must cover the full replacement cost of the equipment with new items in case of total loss, damage, or theft. Regardless of insurance outcomes, the lessee remains solely responsible for the replacement cost of any lost, damaged, or stolen equipment.

 

6. Default and Termination

 

6.1 In the event of default, fraud, or breach of terms, the Company reserves the right to terminate the agreement and repossess the Equipment.

 

6.2 The Hirer shall be liable for any costs associated with the termination, repossession, and legal proceedings, including all legal and commercial costs.

 

7. Legal Costs

 

7.1 The Hirer shall be responsible for any and all legal costs incurred by the Company in enforcing the terms of this agreement.

 

7.2 The Hirer shall indemnify and hold harmless the Company for any costs incurred, including all legal and commercial costs.

 

8. Governing Law

 

8.1 This agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia.

 

8.2 Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts of Victoria.

 

9. Amendments

 

9.1 The Company reserves the right to amend these terms and conditions, including charges and fees, without notice to the Hirer at any time.

 

9.2 Amendments will be posted and available online or directly communicated to the Hirer in writing. Continued possession or use of the Equipment shall constitute acceptance of the amended terms.

 

10. Acceptance

 

10.1 By hiring or leasing Equipment from Contain Yourself AUST, the Hirer acknowledges and agrees to be bound by these Terms and Conditions.

 

These Terms and Conditions constitute a legally binding agreement between Contain Yourself AUST and the Hirer. If you have any questions or concerns, please contact us for clarification before entering into any hire or lease agreement.

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Off-Road Access Terms and Conditions

 

1. Liability

 

1.1 The receiver of heavy equipment and trucks engaged by Contain Yourself AUST assumes 100% liability for any damage to their property or third-party property when these vehicles leave the roadways and enter private or commercial properties.

 

2. Immobilization and Recovery

 

2.1 The receiver is solely responsible for all costs associated with immobilization, recovery, and on-site assistance unless it results from a mechanical failure during the designed use of the equipment.

 

3. Tow Truck Costs

 

3.1 The cost for Off-Road Heavy Recovery Tow Trucks is a minimum of $275.00 + GST per hour, timed from the Base back to the Base of the operator.

 

4. Additional Time Costs

 

4.1 The receiver may incur additional costs for the time units are held up until everything is back on a sealed road.

 

5. Safety and Decision-Making

 

5.1 While our drivers will strive to complete the job, safety and the feasibility of the task are at the discretion of the driver. The aim is to prevent injury, property damage, and vehicle immobilization. The driver has the right of veto.

 

6. Pre-Delivery Resolutions

 

6.1 Any concerns or issues regarding off-road access should be addressed and resolved prior to the delivery of heavy equipment and trucks. Any delays and damage are subject to additional fees and charges.