HOLDFAST SYSTEMS PTY LTD: Temporary Fencing Hire Terms and Conditions
1. Definitions and Interpretation
- ACL means the Australian Consumer Law.
- Business Day means a day other than a weekend or public holiday in Queensland.
- Equipment means all temporary fencing, barriers, gates, feet, stays, clamps, fixings and accessories supplied.
- GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999.
- Hire Period means the period commencing on delivery and continuing until collection.
- Hirer means the person or entity hiring the Equipment.
- Owner means Holdfast Systems Pty Ltd.
- Site means the delivery or installation location.
2. Formation of Contract
Acceptance of a quotation, purchase order, hire docket or delivery constitutes acceptance of these Terms.
3. Hire Period
Hire charges commence on delivery and continue automatically until written notice is provided and collection completed.
4. Quotations and Variations
Quotations are estimates only and may vary if quantities, access or site conditions change.
5. Delivery, Installation and Removal
Safe access must be provided. Additional labour or delays will be charged.
6. Permits and Compliance
The Hirer is responsible for all permits, approvals and compliance.
7. Payment
Payment is due prior to installation unless otherwise agreed. Invoices payable within seven (7) days.
8. Ownership and Bailment
Equipment remains the property of the Owner and does not become a fixture.
9. Hirer Obligations
The Hirer must secure, maintain and not alter the Equipment.
10. Risk, Loss and Damage
Risk passes on delivery. Weather damage is not fair wear and tear.
11. Theft or Non-Return
Replacement costs and hire charges apply until resolved.
12. Insurance
The Hirer must maintain insurance for full replacement value and public liability of at least $10 million.
13. PPSA
These Terms create a security interest under the PPSA.
14. Limitation of Liability
Liability is limited to hire charges except where prohibited by law.
15. Indemnity
The Hirer indemnifies the Owner except for Owner negligence.
16. Force Majeure
No liability for events beyond reasonable control.
17. Termination
Termination may occur for breach, insolvency or safety risk.
18. Dispute Resolution
Good faith resolution required prior to proceedings.
19. Governing Law
Queensland law applies.