Terms and Conditions

Westside Group (VIC) Pty Ltd ABN 38 125 806 706
Incorporating Westside Temporary Fencing, Westside Safety Rail and Western Region Rooftiles

Company means Westside Group (VIC) Pty Ltd

Agreement means the contract between Westside Group (VIC) Pty Ltd and the Customer for the hire of any Westside Products or Equipment. Including: (a) The Hirer’s Credit Application, (b) Terms and Conditions, (c) Any quotation provided by the Company (if any) and (d) Any other Hire agreement or arrangement provided to or made with the Hirer by the Company, whether signed or not.

Equipment means any of the Company’s Fencing & Safety Rail Equipment and goods (including any associated or attached tools, accessories and parts) that are hired to the Hirer under these Terms and Conditions.

Fencing means all fencing including Panels, Gates, waste cages and Hoarding and other fencing components supplied to the Hirer.

Hirer means the person, company or other legal entity hiring the Equipment from the Company. Where the context permits, it includes Hirer’s employees and contractors.

Hire Period means the term specified in section 2.

Rates mean the rates notified by the Company to Hirer from time to time.

Site means the land or premises located at the address on which Equipment is to be installed as requested by the Hirer.

Safety Rail means the perimeter protection guard rail including all components.

 1. General
(a) These Terms and Conditions apply to:
(i) the establishment, operation and use of the account of the Hirer with the Company;
(ii) all transactions effected by the Hirer with the Company for the supply of Equipment and Goods or services on its account or on a cash basis unless otherwise expressly agreed in relation to any particular supply of Equipment, Goods and services; and
iii) the exclusion of all others including any terms and conditions of the Hirer.
(b) These Terms and Conditions shall apply as if incorporated into each order placed by the Hirer with the Company. 

2. Delivery, Installation and Removal
(a) The Hire Period will commence upon the Date of the delivery/installation of the Equipment and continue for the Initial Hire Period and any extensions of that period and the Hire Period will end when the Equipment is back in the possession of the Company.
(b) Unless otherwise instructed by the Hirer, at the end of the Initial Hire Period and each extension of the Hire Period, the Company will automatically extend the Hire Period and invoice the Hirer for all extensions of the Hire Period. Extensions of the Hire Period will continue until the Hirer instructs the Company to pick up the Equipment, or the Company decides to terminate the hire arrangements.
(c) The Company will arrange delivery of the Equipment to the Site and will install the Equipment as far as possible in accordance with the Hirer’s sketch, plan or verbal directions. The Hirer acknowledges that the Company may need to alter the position of the Equipment to accommodate services to the Site or other obstacles.
(d)The Equipment is hired to the delivery address advised by the Hirer and is not transferrable to any other site or hirer.
(e) Any instructions for the Equipment to be picked up and returned to the Company’s premises must be given for pickup within the Company’s normal business hours. In the event of insufficient notice being given the Company will collect the Equipment at the next possible and reasonable time.
(f)The Hirer remains responsible for any theft, loss or damage to the Equipment until the Equipment is collected by the Company.
(g) During the Hire Period, the Hirer must pay the Company all hire fees as calculated in accordance with the Rates.
(h) The Hirer is not permitted to claim a reduction or refund in hire fees for Equipment returned before the end of the Initial Hire Period, or any extensions of that Hire Period.
(i) The Company will remove all Equipment at the end of the Hire Period unless the Company and the Hirer agree to extend the initial Hire Period.
(j) The Hirer may request the Company to install additional Equipment or to remove part of the Equipment before the expiration of the Hire Period, subject to payment of the extra charges. 

3. Use of Equipment
(a) The Hirer must ensure that the Equipment is used strictly in accordance with the Company’s instructions and any procedures recommended by the Company from time to time.
(b) The Hirer must at all times keep the Equipment in good condition and must not, without the Company’s prior written consent, alter or make additions to the Equipment, or deface, remove or conceal any Company logo, identifying mark or number, or indication of the Company’s ownership of the Equipment.
(c) The Hirer must at all times ensure that the Equipment is used in a safe manner, and must not deliberately damage, abuse or mistreat the Equipment or allow the Equipment to be deliberately damaged, abused, or mistreated.
(d) If any damage, loss, theft or destruction of the Equipment occurs, whether the Hirer was responsible or not, the Hirer must immediately notify the Company and provide full details of the damage, loss theft or destruction.
(e) The Hirer must obtain and maintain, at its own expense, any insurance, permit or license that may be required under any law or by any statutory or other authority for the use of the Equipment, including its installation or removal. Without limiting the Hirer’s obligations under this clause, the Hirer must obtain all permits required under any relevant planning, environment or health and safety legislation, and must ensure that its personnel are appropriately inducted, trained and supervised so as to ensure the safe and lawful use of the Equipment.
(f) The Hirer may at its own risk move or alter the position of the Equipment on the Site. The Hirer indemnifies the Company against all claims for any loss or damage, howsoever arising, as a result of any movement of, or alteration to the Equipment.
(g) Alteration or removal of Safety Rail is not permitted and convenes OH&S Laws
(h)The Hirer may engage the Company to move/relocate the Equipment on the Site. The Company will charge a rate per metre/per item for this service, which the Hirer can obtain on request and which the Hirer shall pay in accordance with the Company’s usual terms for moving/relocating Equipment.
(i) The Hirer must store the Equipment in a safe place, and do all other things necessary to ensure the continued safety and preservation of the Equipment.

4. Missing and Damaged Equipment
(a) The Hirer is responsible for any stolen, missing or damaged Equipment while on hire to it, and the cost of replacement or repairs of that Equipment.
(b) If the Equipment is returned or collected in a condition which in the reasonable opinion of the Company renders it unusable for hire, or if the Equipment is stolen or missing, the Hirer must pay the Company on demand the cost of replacement or repair of the Equipment. In no circumstances will title to the Equipment or any part of it pass to Hirer and the provisions set out in section 9 relating to the Company’s title rights shall apply.
(c) Other than for the cost of replacing or repairing the Equipment, the Hirer will be liable for all costs, expenses, damages and loss (including consequential loss), incurred by the Company arising out of the Equipment not being returned or collected, including where the Equipment has been stolen or missing.

5. Payment and default arrangements
(a) The hire fee must be paid in the manner and in accordance with the payment terms specified on any invoice issued by the Company.
(b) The Hirer must notify the Company within seven (7) days of any errors with the invoice.
(c) The Hirer must not deduct any part of the hire fee as retention money.
(d) The Hirer agrees to pay the Company interest on all overdue balances at a rate of 1.5% per month until all sums owed to the Company under these Terms and Conditions have been paid in full.
(e) The Hirer is liable for any costs associated with the Company recovering overdue sums due under these Terms and Conditions and the Hirer and will indemnify the Company on demand for all expenses incurred by the Company in recovering any amounts which the Hirer fails to pay by the payment due date including without limitation any bank dishonour fees, commissions payable to any commercial or mercantile agents and any legal costs incurred by the Company (assessed on an indemnity basis) arising from the Hirer’s default or breach of any of the Terms and Conditions.
(f) If the Hirer fails to pay for any goods or services supplied by the Company when due, then by notice to the Hirer, the Company may declare any amounts actually or contingently owing by the Hirer to the Company to be immediately due and payable. 

6. Suspension of Credit
The Company may at any time refuse to extend credit or further credit to the Hirer (and without the Company having or giving any reason for doing so).

7. Extra Charges
(a) Additional Equipment requested by the Hirer will incur additional charges for hire and delivery/installation. The removal of Equipment will not excuse the Hirer from the payment of the agreed hire charges for the Equipment.
(b) The Hirer is entitled to one pick up included in the hire fees. Any additional pick ups will incur additional charges.
(c) The Hirer must contact the Company, giving 24 hours notice if a call up has already been made however the job is not ready for install or removal as requested. Additional charges may occur if the company arrives on site and the job is not ready.   

8. Hirer’s Obligations
The Hirer will:
(a) Accept full responsibility for the safe-keeping of the Equipment, and except as specified hereafter, shall indemnify the Company for all loss, theft of or damage to the Equipment however caused and without limiting the generality of the foregoing whether or not such loss, theft or damage is attributable to any negligence, failure or omission of the Hirer.
(b) Accept full responsibility for and indemnify the Company against all claims in respect of any injury to persons, or loss or damage to property, arising out of the possession or use of the Equipment during the Hire Period however arising, whether from the negligence of the Hirer or the Company or other party and limiting the generality of the foregoing whether or not the Equipment was being operated by an employee, servant or agent of the Hirer or any person for whose acts the Company might be or is held to be responsible in connection with the use of the Equipment.
(c) Not be entitled to sell, transfer, mortgage, charge or encumber in any way the Equipment nor, without the Company’s management prior written consent, part with the possession of the Equipment nor assign the benefit of this Agreement.
(d) Not be entitled to remove the Equipment from the Site or allow it to be removed without the Company’s permission.
(e) Ensure that the Equipment is returned to the Company in the same condition as it was delivered.
(f) Pay to the Company all hire and related charges and other costs as stipulated in accordance with the Company’s Terms and Conditions and payment terms.
(g) The Company may inspect the Equipment from time to time during the Hire Period and the Hirer shall permit or procure permission for representatives of the Company to enter the Site.

9. Retention of Title Arrangements
(a) Property in and title to the Equipment remains with the Company in all circumstances (even if the Hirer goes into liquidation or becomes bankrupt during the hire period).
(b) The Hirer’s right to use the Equipment is as a bailee only.
(c) The Hirer is not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over or otherwise deal in any way with any of the Equipment.
(d) Unless otherwise agreed by the Company, the Hirer must identify and store the Equipment in a manner that clearly shows that it is the property of the Company.

10. Termination of Hire by the Company
The Company may terminate the Agreement without notice to the Hirer, if the Hirer:
(a) Breaches any of the Terms and Conditions; or
(b) has a winding up petition presented against it, is wound up, goes into voluntary liquidation, commits an act of bankruptcy has a receiver appointed to its assets or any of them makes an assignment or compromise for the benefit of its creditors, is placed under official management or ceases to carry on business.
(c) Upon termination of the Agreement, the Company shall be entitled to take possession of the Equipment and for this purpose the Hirer irrevocably authorises the Company or its representatives to enter onto the Site and agrees to indemnify the Company in respect of any claims, damages and expenses associated with the recovery of the Equipment.
(d) The Company shall be entitled to take possession of the Equipment without authority of the Hirer if the Hirer fails to comply with payment terms.

11. Changes to Terms and Conditions
(a) The Company may amend these Terms and Conditions at any time by publishing the amendments on its Company’s Websites or otherwise notifying the Hirer.
(b) The amended Terms and Conditions will apply to any hire of the Equipment from the time the amendments. This will not affect the validity or enforceability of the agreement between the Company and the Hirer in any way.

12. Signatory’s Warranties
Any person suppling any document on behalf of Hirer in respect of the hire of the Equipment warrants that they: (a) have the Hirer’s authority to contract with the Company on the Hirer’s behalf; and (b) have been authorised by the Hirer to bind the Hirer to hire the Equipment on the terms set out in the Agreement, and agrees to indemnify the Company against all losses, costs and claims incurred by the Company if this is not the case.

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