Payment of Security deposit and cost of Delivery
The Customer agrees to pay Castle Hire the Security Deposit and cost of Delivery set out in the Schedule, or on the delivery of the goods
Payment of Rental and RLDL Fees (if any)
The customer agrees to pay Castle Hire the monthly Rental Payments (and if applicable RLDL fees – see clause – 11) set out in the Schedule each month in advance. The first of such monthly Rental Payments (and RLDL fees) is to be paid on or before delivery of the Goods.
All subsequent Rental Payments (and if applicable RLDL fees) are due and payable on the corresponding day of each month (“the payment date”) until the goods are returned to Castle Hire. Where any payment would fall on the 29th, 30th or 31st day of a month which does not contain such a date, such payment will be due on the last day of that month.
Late Payment Fee
The customer agrees that if they do not pay the monthly Rental Payment on or before a Payment date, Castle Hire may charge a Late Payment Fee of $5.00 by way of agreed damages, to cover administrative expenses caused by or in connection with each payment. Such a fee is payable by the customer in addition to any rent then due owing to Castle Hire
Payment of Increased Stamp Duty and New Taxes
The rate of rental has been calculated to include any stamp duty imposed at the current rate of duty. The Customer agrees that they will pay in addition to the rent amount an amount equivalent to any additional stamp duty paid or payable from time to time by Castle Hire in respect of this agreement or the hire transaction above and beyond that presently applying. The customer also acknowledges and agrees that Castle Hire may vary the Rental Payments at any time to reflect the introduction, or change in and rate of any goods and services tax, consumption tax or similar.
Title to Goods and Right to Immediate Possession
The Customer hereby acknowledges Castle Hire’s title to the Goods and its possession of those goods upon termination of this agreement or breach by the Customer of this agreement. Nothing in this agreement shall be construed as an offer by Castle hire to sell the Goods to the Customer or to grant an option to purchase the goods. The Customer shall not create any charge, lien or security upon the goods. The Customer agrees to notify Castle Hire immediately of any seizure or attempted seizure of the Goods.
Removal of Goods
The Customer agrees not to remove or allow anyone to remove the Goods from the premises where the Goods are to be kept, as set out in the Schedule, without permission in writing of Castle Hire. Such permission will not be unreasonable withheld in the case of relocation within a radius by road of 30 kilometers and the place to which the Goods are moved will become the relevant premises for the purpose of this Agreement.
Access to Premises to Obtain Possession, Repair
The Customer agrees to provide Castle Hire or its agents or employees reasonable access to the Premises where the Goods are to be kept, at all times, for the purpose of inspection, repair, adjustments or collection.
The Customer further agrees to
Pay the costs of any action that Castle Hire deems necessary to obtain possession of the Goods; and
Indemnify Castle Hire for any claims made against Castle Hire in relation to the exercise o f the right of access.
Care of the Goods
The Customer agrees to keep the Goods and deliver up the Goods on termination in good order and condition, fair wear and tear excepted, and in a clean and tidy condition.
Service of Electrically Operated Appliances
Castle Hire agrees to use its best endeavors to repair or replace any electronically operated appliance hired under this agreement which malfunctions, within three (3) days of the Customer notifying Castle Hire of such malfunction. If Castle Hire fails to repair or replace the appliance within three (3) days of notice being given, the Customer shall not be liable for rental applicable for the period in excess of three (3) days, until the appliance is repaired or replaced.
In the event of a breakdown, the Customer shall not repair or attempt to repair the Goods without the consent of Castle Hire.
Loss or Damage to Goods
The Customer shall be responsible for any loss or damage to the Goods from any cause whatsoever at all times during the Rental Period and until the Goods have been returned to Castle Hire. The Customer is required to notify Castle Hire of any loss or damage to the Goods within 24 hours of the loss or damage occurring.
In the event of loss or damage the Customer will be liable to pay Castle Hire the cost of repairs or the value of the said Goods, as assessed by Castle Hire, whichever is the lesser amount. The value of the Goods is not to exceed the retail price of the said Goods at the commencement of the Rental Period. If the goods are lost or damaged, the customer shall pay rent until restitution is made.
Reduced Loss or Damage Liability
Where reduced Loss or Damage Liability fees have been charged to the Customer, Castle Hire agrees upon prompt submission of a written Police report, to waive its right to claim for loss or damage to the Goods caused by fire, storm, theft, collision or accident, providing that adequate precautions have been taken to safeguard the Goods and the damage was not incurred due to any negligence of the Customer. Such waiving of rights is subject to payment by the customer of the Reduced Limit of Liability applicable to the Goods damaged, destroyed to lost, as set out in the attached Schedule of RLDL fees and Reduced Liability Limits
Early Termination by the Customer
The Customer may terminate this Agreement before the end of the Rental Period by giving thirty (30) days written notice and returning the Goods to Castle Hire. If the Customer terminates the Agreement prior to the end of the Rental Period, the Customer agrees to pay any RLDL fees payable to the date of termination, plus:
In the case of Goods which are commonly carried by Castle Hire, rental for the period of actual possession or for a period of three (3) months whichever is the greater) at a rental rate adjusted to the ruling rate of rental that would have applied had the Rental Period been for the same period that the customer actually possessed the Goods
In the case of the goods which were bought by Castle Hire for the sole purpose of this Agreement, the Customer shall pay rental for the remainder of the Rental Period, discounted at the rate of 11.5% to the date of termination.
Termination by Castle Hire
If the customer fails to comply with any of the Terms and Conditions of this Agreement, Castle Hire may terminate the Agreement by serving a notice of termination on the Customer. Such a notice may be given to the Customer, left at the Premises where the Goods are kept or posted to the Customer at their postal address.
Return of Goods to Castle Hire
Upon termination of this Agreement, the Customer must either return the Goods to Castle Hire or arrange for Castle Hire to collect the Goods as soon as possible.
Collection of Goods & Cost of Pickup
On termination of this Agreement the Customer may require Castle Hire to collect the Goods, in which case the Customer must notify Castle Hire, in the case of a Rental period of less than one (1) month, by five (5) days notice and in the case of any other Rental Period, by Five (5) days. If the Goods are collected by Castle Hire, then Castle Hire may deduct the cost of Pickup set of in the Schedule from the Security deposit.
Continuation of Agreement
If at the end of the Rental Period,
The Customer does not redeliver the Goods or notify Castle Hire that they are available for collection; and
Castle Hire does not notify the Customer that it wishes to collect the Goods
This Agreement will continue on a month to month basis.
Return of Deposit
Provided that the Customer has complied with all the terms and conditions of this Agreement, Castle Hire agrees to refund the security Deposit upon termination of the Agreement and return of the Goods to Castle Hire. Castle Hire may at its sole discretion, deduct from the security Deposit refundable to the customer any Cost of Pickup, cleaning or repair expenses, or any other monies owing to Castle Hire.
Change to Employment or Residence
The Customer agrees to inform Castle hire of any changes in their place of employment or residence within seven (7) days of such change.
Variation of Rentals and RLDL Fees
Castle Hire reserves the right (subject to any legislation for the time being in force) to increase the amount of rental Payments or RLDL fees payable by the Customer at any time after six (6) months from the date of this Agreement. Such an increase will be payable immediately on publication by or upon notice given by Castle Hire in any manner whatsoever, provided nevertheless that the Customer shall thereupon have the right to return the Goods to Castle Hire and terminate this Agreement upon payment of all Rental Payments and RLDL fees owing up to the date of redelivery of the Goods to Castle Hire.
Authority of person signing this Agreement
The person signing this Agreement for and on behalf of the Customer hereby covenants with Castle Hire that he or she has the authority of the Customer to make this Agreement on the Customers behalf and is empowered by the Customer to bind the Customer to this Agreement and hereby indemnifies Castle Hire against all losses and cost incurred by Castle Hire arising out of the person so signing this Agreement failing to have such power and/or authority
The Terms and Conditions set out in the preceding text constitutes the whole Agreement made between the Customer and Castle Hire and no officer, servant or agent of Castle Hire has any authority to vary, add or omit any of the Terms and Conditions hereof.
Certain conditions and warranties may be implied into this Agreement by the Trade Practices Act and State Legislation and there conditions and to be read subject to such legislation. However, Castle Hire and the Customer agree that in the event of the Customer suffering any loss, damage or claim howsoever arising as a result of hiring the goods, the liability of Castle Hire is limited to the repair or replacement o f the Goods and is not to include economic or consequential damage of any nature whatsoever
If any term or condition or any part of any term of condition of this Agreement or the application thereof shall be or become illegal, invalid or unenforceable, then the remaining terms and condition or any part of remaining term or condition shall not be affected thereby.