Shire Pram Cleaning (ABN 63 912 637 578)

TERMS  AND  CONDITIONS - HIRE

 These are Terms and Conditions for the hire of  products  from  Shire Pram Cleaning (ABN 63 912 637 578) (“Business”).  The other terms and conditions contained in our Privacy Policy and Terms of Service found on our Website also form part of our agreement with you.  Except  as  otherwise expressly  agreed upon in  writing between a duly authorized officer of the Business and the Customer, these Terms and Conditions will apply not withstanding any provisions to the contrary which may appear on  any  order form  or  other document issued by  any  Customer.

General

1. Quotations and price lists are valid for a period of 30 calendar days from the date of issue, after which time prices may vary in the absolute discretion of the Business.
2. All orders placed with the Business for the hire of products are subject to these Terms and Conditions and the Business may, at any time and from time to time, vary or alter these Terms and Conditions. Any such variation to these Terms and Conditions will apply upon notification by the Business to the Customer.
3. The Business reserves  the  right  to  request  a  security  deposit  from  the  Customer  on demand.  If the Customer fails to observe and perform any covenant contained in these terms and conditions, the Business is authorized without notice to the Customer to apply in its absolute discretion the whole of the security deposit or any part or parts of it as may be necessary in the opinion of the Business, to compensate the Business for loss or damage sustained or suffered by the Business by reason of non-observance by the Customer. 
4. If a Customer cancels or alters any order or part order for special products at any time after the Business has received the order, then the Business reserves the right to charge to the Customer the cost of the special products already acquired for the order together with cost of  the  labour  and  tooling  expended  to  the  date  of  such  cancellation  or alteration.
5. Commencement of the hire of goods is subject to approval from the Business.
6. Any representation, warranty, condition or undertaking that would be implied into these Terms and Conditions  by legislation,  common  law,  equity,  trade,  custom  or  usage  is excluded  to  the  maximum  extent  permitted  by  law.  Nothing in these Terms and Conditions  excludes,  restricts  or  modifies  any  condition,  warranty,  right  or  remedy conferred on a party by the Competition and Consumer Act 2010 or any other applicable Australian law that cannot be excluded, restricted or modified by agreement.
7. “Customer” means the Customer in these Terms and Conditions.

Pricing

8. If there is any error or omission in a quotation, the Business reserves the right to amend the quotation price. This clause applies even if the quotation has been accepted by the Customer.
9. Unless otherwise stated, all prices quoted are GST exclusive. GST will be added in Relation to delivery, supply and installation of all goods and services.

Terms of Payment

10. All hire fees are due in full in advance. No goods will be released to the Customer until all hire fees have been paid in full.
11. All other payments due to the Business are to be made, without retention, within seven (7) days  from  the  date  the  invoice  was  issued  to  the  Customer  by  the  Business. Payment will be considered to be made when the funds are cleared in the Business’s nominated bank account. 
12. If the Customer fails to make payment in accordance with these terms of clause 10, the Business will be entitled to:

 

1. a) charge default interest  at  the  rate  of  12%  per  annum  on  all  overdue  amounts (including late payment charges and amounts other than the price) calculated daily on and from the due date for payment and the parties agree that any amount so calculated is not a penalty but rather an accurate pre-estimate of the damage to be incurred by the Business. Payments received from the Customer will be credited first  against  any  default  interest,  then  in  payment  of  services  and  then  against payment of any goods, and all such charges will be payable on demand;
2. b) Claim from the Customer, all costs relating to any action taken by the Business to recover money due from the Customer including any legal costs and disbursements on a solicitor-client basis.

Delivery & Inspection

13. Any date or time quoted by the Business is an estimate only and the Business will Endeavor to meet that estimate, but failure to do so will not confer on the Customer any right of cancellation on the Customer’s part or render the Business liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
14. The Business’s obligation to deliver will be discharged on arrival of the products at the Customers nominated delivery destination, nominated transport Business, nominated agent or the address appearing on the quotation.
15. The Customer will examine the products immediately after delivery and the Business will not be liable for any mis-delivery, shortage, defect or damage unless the Business receives details in writing from the Customer within 24 hours of the date of delivery of the products.
16. The Customer warrants that any goods provided by the Business were in good and working order at the time in which they were provided.

Return of Products

17. The Customer must  return  products  to  the  Business  in  the  timeframe  as  agreed between the Business and the Customer. 
18. Products must be returned in the same condition as they were in when the Business provided them to the Customer, subject to fair wear and tear.
19. If the Customer fails to return the products in the timeframe as agreed between the Business and the Customer, the Customer is responsible for loss, damage, expenses and any other reasonable  fees incurred.  The Customer authorizes the Business to charge the credit card provided by the Customer to compensate the Business for any loss resulting from a failure to return products or for damage resulting from any act or omission of the Customer. This includes but is not limited to the full replacement value of an item damaged or lost plus any late fees and interest.

Cancellation

20. The Business reserves the right to refuse or cancel any order placed by the Customer. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and or phone number provided at the time in which the order was made.
21. Where the Customer cancels in the 24 hours prior to the date and time for delivery, the Business may charge a cancellation fee of $25.00.
22. Where the Customer does not return the goods on or before the end of the agreed hire period, the Business will charge a late fee as set out in the quotation.
23. The Customer authorizes the Business to debit the cancellation fee and/or any late fee from the credit card provided by the Customer.

Property and Risk

24. Subject to clauses 19 and 20, notwithstanding delivery of products, title in any products supplied and/or installed will remain with the Business.
25. The risk  in  any  products  supplied  and/or  installed  will  pass  to  the  Customer  upon delivery (actual or constructive) to the Customer
26. The Customer must comply with mandated seat belt and child seat restraint laws, as well as  any  other  laws  and  standards  applicable  in  New  South  Wales  or  any  other jurisdiction to which they take the goods.  The Business is not liable for any loss incurred as a result of a failure to comply with the relevant laws. 
27. The Customer warrants to the Business that products will be used in accordance with relevant directions and warnings.
28. To the extent permitted at law, the Business will not be liable to the Customer or any third party  for  liquidated  damages  in  any  form,  any  delay  costs,  consequential  loss including (without limitation) any loss of profits, loss of revenue, loss of production, loss of business opportunity, loss of goodwill, loss of business reputation, economic loss or any indirect, remote and/or unforeseeable loss. The aggregate liability of the Business in  damages  (however  arising)  in  respect  of  any  act  or  omission  of  the  Business’s  in connection with its obligations under these Terms and Conditions will not exceed the amount of one hundred dollars (AUD$100), even if the Business has been advised by the Customer as to the possibility of such loss being incurred.

Consumer Law

29. The provision of our service comes with guarantees that cannot be excluded under the Australian Consumer Law.
30. No additional express warranty for defects or otherwise are provided for our products. Consumers may rely upon their statutory rights and remedies under the Australian Consumer Law.
31. The Business can be contacted in relation to claims as follows:
32. a) Telephone Number: 0413 187 457
33. b) Email Address: Jacqui.holst@shirepramcleaning.com.au
34. c) Mailing address: 70 Chapman Street, Gymea NSW 2227
35. Any cost incurred in contacting us or delivering the product to us will be borne by you. Force Majeure
36. The Business will not be liable for any failure or delay in supply, delivery or installation where such  failure  or  delay  is  wholly  or  partly  due  to  any  cause  or  circumstances Whatsoever outside the reasonable control of the Business including, but not limited to global  pandemics,  war,  strikes,  lockouts,  industrial  disputes  or  unrest,  government restrictions  or  intervention,  transport  delays,  fire,  act  of  God,  breakdown  of  plant, shortage of supplies or labour, storms or tempest, vandalism or riot, civil commotions or accidents of any kind (each an “Event of Force Majeure”). The Business’s obligations will be suspended until the Event of Force Majeure ceases to cause the failure or delay (as the case may be).  The  Customer  will  not  be  relieved  of  any  obligation  to  make payment to the Business regardless of any party being affected by an Event of Force Majeure.

Termination

34. If the Customer fails to comply with any of these Terms and Conditions being a natural person or  persons  commits  any  act  of  bankruptcy  or  being  a  corporation  passes  a resolution for winding up or liquidation (other than for the purpose of reorganization or reconstruction)  or  enters  into  any  composition  or  arrangement  with  creditors  or  if  a receiver, manager, receiver manager or administrator is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a Liquidator or Provisional Liquidator is appointed, the Business may, in addition to exercising all or any of its rights against the

Customer, suspend any further deliveries and immediately demand the return of any goods hired under these without in any way being liable to the Customer or any person claiming through the Customer.

Governing Law & Jurisdiction

35. The Customer agrees that these Terms and Conditions will be construed according to the Laws of the State of New South Wales. The Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the Laws of New South Wales.

 

I/ we understand and accept the above terms and conditions,

 

Name: 

Signature: 

Date: