Terms & Conditions
1. Hire Contract
These Terms and Conditions together with a Stageline Quotation signed by both parties (Quotation) record the terms of the contract (Contract) entered between Stageline Hire Pty Ltd (ABN 46 621 638 597) of PO Box 438 Drummoyne NSW 1470 (Stageline, We, Us), and the customer specified in the Quotation (You) for the hire of the equipment detailed in the Quotation and any other equipment provided to You under the terms of this Contract (collectively referred to as the Equipment).
These Terms and Conditions, the Quotation and the Contract may not be varied except in writing by an authorised representative of Stageline. The Contract excludes any terms and conditions You may have proposed, except where we have expressly agreed to any amendments or other conditions in writing.
This Contract comes into effect upon receipt by Us of a signed Quotation and if required in the Quotation payment of the deposit specified in the Quotation (Deposit).
2. Hire Period
We agree to hire the Equipment to You for the Hire Period. The hire period for the Equipment will commence on the date the Equipment is delivered to an address nominated by You or You take possession of the Equipment, whichever is the earliest (Start Date), and continue for no less than the initial hire period specified in the Quotation and such extended period as is agreed by Us (Hire Period).
We are not liable in anyway if the Equipment is not available for hire after the initial hire period specified in the Quotation.
If specified in the Quotation, payment of the Deposit is required to secure hire of the Equipment.
4. Delivery and Carriage Charges
Hire charges do not include carriage. You will pay to us any agreed charges for delivering or collecting Equipment.
Where we quote carriage charges, these include only for the time required to load or unload alongside our vehicle at the address You have specified. You will pay extra for any further time or attendance including any attempt by us to carry out Your pre-arranged instructions for delivery or collection which is unsuccessful due to Your acts or omissions.
You should satisfy Yourself on delivery of the suitability of the Equipment and that Your requirements will be fulfilled by the Equipment recommended prior to accepting the delivery.
Time shall not be of the essence in relation to delivery or collection. Dates or times quoted by us are estimates only and not guaranteed. We will require no less than 3 days written notice for the pickup of Equipment.
Where we have agreed to position the Equipment in a specific location You must have an authorised representative available at the time of delivery to instruct us regarding that position.
You will be responsible for any parking or standing charges we incur during delivery.
5. Risk and Title to Equipment
The ownership of the Equipment will remain with us at all times. You will hold the Equipment only as bailee for so long as it is in Your possession. You must return the Equipment to us on demand.
You acknowledge that we have a security interest in the Equipment for the purposes of the Personal Property Securities Act (PPSA) in the event that it applies to the hire of the Equipment under this Contract. You hereby consent to our registering our interest in the Equipment on the Personal Properties Securities Register (PPSR) and shall execute such documents as we may require to give effect to such registration and otherwise secure our title and rights in the Equipment.
6. Hire Fees
You must pay the hire fees and all other charges as specified in the Quotation (Hire Fees).
Hire charges will begin at the time stated in the Contract and will continue during the Hire Period until we have collected the Equipment or accepted return of the Equipment from You.
Hire Fees will apply at least for the whole of the hire period specified in the Quotation irrespective of early return of the Equipment
All time is chargeable including Saturdays, Sundays and Bank Holidays.
Hire Fees are payable as specified in the Quotation and otherwise within 14 days of issue of invoice by us.
Hire Fees shall include all;
a) delivery, pickup and installation charges;
b) repair and cleaning charges where Equipment is not returned in clean and serviceable condition;
c) credit card charges, stamp duty and GST as applicable ; and
d) such other charges as are specified in the Quotation.
Late payment will incur interest at the rate of 1.5% per month.
All Hire Fees must be paid by direct electronic transfer of funds to the Stageline bank account specified on each invoice.
All fees and charges payable under this Contract are exclusive of GST which must be paid by You on receipt of a tax invoice from us in addition to the Hire Fees and any other charges under this Contract.
The contract may be cancelled for no charge up until 7 days before commencement of the Hire Period.
We may at our discretion apply the following cancellation fees within 7 days of commencement of the Hire Period;
(a) 7 days prior to Start Date 30% of total Hire Fees;
(b) 5-6 days prior to Start Date 50% of total Hire Fees;
(c) 3-4 days prior to Start Date 70% of total Hire Fees; and
(d) 2 days or less prior to Start Date 80% of total Hire Fees.
8. Responsibility of Hirer (Your Responsibility)
You are responsible for the Equipment from the time You or Your agent receives the Equipment. If it is delivered to You Your responsibility begins on delivery.
Your responsibilities include safekeeping of the Equipment, and protection against the elements, theft, vandalism or improper use.
You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment at the end of hire. Your responsibility ends only when the Equipment has been returned or collected and You have our unqualified receipt for all of the Equipment.
You must not sell or otherwise part with control of the Equipment.
You must not remove, deface or cover up name plates or marks which we have placed on Equipment, which indicates that it belongs to us, nor will You deface, alter or cover up any notices giving warnings, information or instructions about the use of the Equipment.
You must take all reasonable, adequate and proper measures to protect the Equipment from loss, theft, vandalism and any other damage including, but not limited to, damage caused by adverse weather conditions. You must not alter or repair any Equipment without our consent and You must notify us as soon as practicable of any loss or damage to the Equipment.
You must allow us or our representative to inspect the Equipment at any time during the Hire Period.
You must indemnify us against any expense, liability, financial loss, claim or proceedings whatsoever, and in respect of any death or personal injury whatsoever or damage to or loss of property whatsoever (other than fair wear and tear) arising out of the delivery, use, non-use, repossession, collection or return of the Equipment or any part of it.
9. Safety and Instructions
It is Your responsibility to make sure that all people who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us.
You are responsible for ensuring that any checks, testing, examinations of the Equipment required by Employment and Health and Safety Legislation, and/or any operating instructions we provide are carried out after delivery and for so long as the Equipment remains under Your control.
10. Location of Equipment
The Equipment must not be removed from the site specified in the Quotation without our written consent.
11. Insurance and Your Responsibility for Lost, Stolen Or Damaged Equipment
You are responsible for maintaining insurance of the Equipment during the Hire Period. You must provide us on request documentation confirming the currency of Your insurance and its coverage of the Equipment.
You will pay to us the replacement cost of any Equipment which is lost or stolen or damaged beyond economic repair. You are advised to insure the Equipment on this basis. You will hold in trust for us and pay to us on demand all money You receive from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any of the Equipment. You must not compromise any claim without our express consent.
12. Non-Returned, Lost, Stolen, Damaged or Unclean Equipment
You have full responsibility for the care, safekeeping and return in good order of the Equipment.
You will pay to us all costs we incur in rectifying any Equipment returned damaged or unclean. Additionally, You will pay for our financial loss until such rectification is complete.
Where Equipment is lost or stolen or damaged beyond economic repair, You will pay for all financial loss to us until You have paid to us the replacement cost. This is without prejudice to our other rights.
13. Limits of Our Liability
Subject to the Australian Consumer Law our liability is limited as follows.
We will not be liable for any delays caused by any circumstances beyond our reasonable control.
We will not be liable for any indirect consequential or special loss, loss of business, profits, goodwill, contracts, revenues, savings You expected to make, wasted money, wages, fees or expenses, due to late delivery, non-delivery, unsuitability, breakdown or stoppage of the Equipment or any part of it, even if You have advised us of the possibility of such loss or damage.
Nothing in these terms and conditions shall exclude us from liability for death or personal injury caused by our negligence, fraudulent misrepresentation or any other type of liability which cannot be excluded or limited by operation of law.
Our total Liability to You under and/or arising in relation to this Contract shall not exceed the amount of the Hire Fees paid by You.
This clause will survive termination or expiry of these terms and conditions.
We warrant that the Equipment is fit for the purpose for which goods of that type are commonly supplied. We give no warranty that the Equipment is suitable for Your specific purpose. The onus is on You to satisfy Yourself that the Equipment is suitable for the purpose for which You intend to use them before taking delivery and by taking delivery You confirm that You have satisfied Yourself as to the suitability of the Equipment.
14. Termination of Hire
We will be entitled at any time if You break this Contract or if any proceedings are commenced in which Your solvency is called into question to terminate this Contract with immediate effect and to repossess any or all of the Equipment. Such termination will not affect our right to recover from You any money due to us under this Contract or damages for breach of contract.
If We terminate this Contract due to breach by You then the whole of the Hire Fee will be immediately due and payable by You.
15. Force Majeure
Neither party to this Contract shall be under any Liability for any failure to perform any of their respective obligations as a result of Force Majeure, other than Your obligation to make any payment hereunder.
Following notification by one party to the other of Force Majeure, the affected party shall be allowed a reasonable extension of time for the performance of its obligations.
For the purposes of this Clause, "Force Majeure" means fire, explosion, flood, adverse weather conditions, lightning, act of God, act of terrorism, war, rebellion, riot, sabotage, strike or similar labour dispute, traffic delays or other events or circumstances outside the reasonable control of the affected party.
16. Rights Reserved
Any failure by us to enforce any or all of these Conditions shall not amount to, or be interpreted as, a waiver of any of our rights.
17. Separate Term Validity and Headings
If any term in this Contract is held invalid this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions.
The terms of this Contract are confidential. You may not disclose the terms of this Contract except to Your advisors or other parties required to know for commercial purposes without our prior consent.
19. Authorised Signatory and Warranty
Any individual signing this agreement on behalf of a hirer warrants that they are duly authorized to do so.
20. Governing Law
This Contract will be governed by and interpreted in accordance with law of the State of New South Wales.