Timbermill Designs Terms & Conditions of Hire
The below terms and conditions of hire refers to Timbermill Pty Limited ACN 167 686 160 (‘Timbermill’) & Timbermill Designs ABN A.B.N. 78 653 424 119 of 30 Sydney Street, Marrickville, New South Wales 2204 and the individual, company or corporation or agency who wishes to hire Quote Items from Timbermill as named in the Rental Quote (‘Hirer’).
1.0 Rental Quote
The Rental Quote provided to you at the time of your request for hire sets out the items of furniture to be hired (Quote Items) together with the hire period and other key hire terms (Rental Quote).
For the avoidance of doubt, Rental Quote includes any variation Rental Quote agreed and accepted by Timbermill in accordance with these terms and conditions.
The acceptance of the Rental Quote (whether Rental Quote acceptance is oral or written) will be deemed as acceptance of these terms and conditions and form a contract between Timbermill and the Hirer (Agreement).
Timbermill rejects any other terms proposed by the Hirer not agreed by Timbermill and expressly incorporated in these terms and conditions.
3.0 Hire Charges
Hire charges are those charges as set out in the Rental Quote provided to the Hirer (Hire Charges).
Subject to any variation, the Hirer shall pay the hire charges at the rate specified in the Rental Quote, from the event start date until the event end date, at which time the Quote Items are to be returned to Timbermill’s premises, regardless of whether or not the Quote Items were used by the Hirer.
All Hire Charges exclude GST, which are to be paid by the Hirer in addition to the Hire Charges.
4.0 The Hire Charges shall include all:
transport costs and charges where applicable;
- cleaning or repair charges if the Quote Items are not returned in clean and good conditions;
- credit card charges; and
- any other charges or costs described in our Rental Quote to you, unless otherwise stipulated by Timbermill in the Rental Quote
5.0 Quote Items and Period of Hire
Quote Items means any and all items of furniture or other Quote Items to the Hirer as set out in the Rental Quote. Timbermill agrees that it will hire the Quote Items exclusively to the Hirer for the period of hire (being event start date to the event end date) as set out in the Rental Quote (Hire Period).
Where Timbermill agrees to a fixed Hire Period, this period may only be varied by written consent of Timbermill, which may be withheld in its absolute discretion.
Additional Quote Items provided to the Hirer, or an extension to any Hire Period and which is not outlined in the Rental Quote will be deemed a variation of the Agreement and is subject to the written consent of Timbermill, which may be withheld in its absolute discretion.
Where Timbermill agrees to any such variation, a revised Rental Quote will be sent to the Hirer for the additional Quote Items, and all variation prices must be agreed to by the Hirer prior to the Quote Items being delivered.
Timbermill shall have no liability to the Hirer or any third party if for any reason the Quote Items the subject of the variation are not available for hire.
7.0 Deposit and Final Payment
A 50% non-refundable deposit is payable by the Hirer upon acceptance of the Rental Quote, a signed copy of which must be returned to Timbermill at the time of payment of the non-refundable deposit.
The Hirer will pay the remaining 50% of the Hire Charges no later than fourteen (14) days prior to the commencement of the Hire Period. In the event the Hirer requires the Quote Items to be available less than 14 days after the payment of the non-refundable deposit, 100% of the Hire Charges are payable immediately by the Hirer on acceptance of the Rental Quote.
8.0 Condition of Quote Items
All Timbermill Quote Items are maintained and itemized before being issued to a Hirer and Timbermill warrants that the Quote Items are free from defects, in good working order and fit for the purpose for which Quote Items of that kind are commonly supplied.
Timbermill takes no responsibility and does not give any warranty (save for any warranty required to be given pursuant to the Australian Consumer Law) with respect to the suitability of the Quote Items for a Hirer’s individual purposes. The Hirer acknowledges and agrees that it is satisfied as to the suitability, condition and fitness of the Quote Items for use by the Hirer.
It is the Hirer’s responsibility to inspect the Quote Items on receipt to ensure that all Quote Items are free from defects and in good working order.
The Hirer must notify Timbermill within 8 hours of receiving the Quote Items if they do not meet the warranty given.
9.0 Supply and Return of Quote Items
A Hirer may elect to collect the Quote Items or have the Quote Items delivered by Timbermill (or its authorised agents). Details of the supply of Quote Items (including any additional charges for deliver facilitated by Timbermill) are set out in the Rental Quote.
A delivery docket will be provided to the Hirer upon collection or delivery of the Quote Items by or to the Hirer. The Hirer must sign the delivery docket prior to any Quote Items being released by Timbermill in to the custody of the Hirer (or its authorised nominee).
If the Hirer as named in the Rental Quote is not present at the time of the delivery or collection, it is the Hirer’s responsibility to authorise a nominee to sign for the Quote Items and to give Timbermill no less than 24 hours written notice of the appointment of an authorised nominee.
Timbermill will have no liability to the Hirer or any third party in the event a Hirer is not present at the time of the delivery or collection of the Quote Items, and the Hirer has not notified Timbermill of its authorised nominee in writing in the required timeframe.
Timbermill will endeavour to effect delivery and collection of the Quote Items at the times indicated by the Hirer but will not be liable for any delay in delivery or collection or for failure to deliver or collect under any circumstances. Timbermill reserves the right at any times to refuse any carrier of the Hirer.
Where the Hirer elects to:
(a) collect the Quote Items from Timbermill’s premises; and/or
(b) arrange for the collection of the Quote Items by Timbermill from the Hirer’s premises, the Hirer must provide Timbermill with three (3) business days written notice specifying:
(c) the Quote Items to be collected;
(d) the proposed date of collection; and
(e) a contact telephone number for the Hirer or its authorised nominee.
Timbermill will confirm the date and time window for collection with the Hirer.
Quote Items will not be collected unless and until written notice as stipulated above is provided by the Hirer to Timbermill.
The Hirer must ensure that suitable access to and from the designated drop off location is adequate to suit the mode of delivery or pick up.
In the event that the Hirer does not return the Quote Items at the end of their rental agreement hire period, Timbermill will charge the Hirer the daily fee per item outlined in the Rental Quote up until the time the Quote Items are returned. If pick up has been included by Timbermill and the hirer does not have the Quote Items ready for collection at the designated time, the Hirer will be charged a waiting fee if more than a thirty (30) minute delay has been caused to Timbermill at the time of collection.
The Hirer must not sell, offer for sale, part with possession of, mortgage, assign, transfer, charge, encumber or otherwise deal with the Quote Items of these terms and conditions in any way without the prior written consent of Timbermill.
Timbermill always remains the owner of the Quote Items. The Hirer holds the Quote Items as bailee only during the Hire Period. Timbermill retains title to the Quote Items even if the Hirer goes into bankruptcy or liquidation during the Hire Period.
The Quote Items shall be at the Hirers risk from delivery to collection of the Quote Items by the Hirer, whichever occurs first.
The Hirer acknowledges that Timbermill has a security interest in the Quote Items for the purposes of the Personal Properties Securities Act (Cth) (PPS Act) and to the extent applicable the PPS Act applies.
To give effect to the above, the Hirer consents to Timbermill affecting a registration on the Personal Properties Security Register (PPSR) (in any manner Timbermill considers appropriate) in relation to any security interest arising under or in connection with this Agreement or any hire agreement and Hirer agrees to provide all assistance reasonably required to facilitate this.
The Hirer also undertakes to do all things, including executing any new document or providing any information that is required by Timbermill to allow Timbermill to acquire and maintain a perfected security interest under the PPS Act in respect of the Quote Items and its proceeds, so that Timbermill may register a financing statement or financing change statement and to ensure that our security position, and rights and obligations are not adversely affected by the PPS Act.
11.0 Hirer’s Responsibilities
The Hirer must:
Keep the Quote Items in properly working order and condition;
Store the Quote Items safely and securely and protect from theft, seizure, loss or damage;
Not alter, tamper, damage or repair the Quote Items without Timbermill’s written consent;
Not remove the Quote Items from the location described in the Rental Quote;
Allow Timbermill (or a nominated person) to enter the premises where the Quote Items are stored to inspect the Quote Items, at any times during the Hire Period;
Notify Timbermill immediately if there is ay loss or damage to any of the Quote Items.
If the Quote Items are damaged (other than fair wear and tear) and are capable of repair, the Hirer must compensate Timbermill for the cost of repair in accordance with the Agreement. If the Quote Items are lost or damaged beyond repair, the Hirer must pay Timbermill for the replacement cost of the Quote Items and any additional costs incurred by Timbermill due to the loss or damage of the Quote Items and in accordance with the Agreement.
The Hirer must maintain at its own expense during the Hire period all policies of insurance appropriate to the capacity of the Hirer (including by way of example, but not limited to public liability insurance, workers compensation insurance, business insurance or contents insurance). The Hirer must produce on request by Timbermill, appropriate evidence of insurance, before the date of delivery of the Quote Items to the Hirer.
In the event that the Quote Items are lost of damaged in circumstances where a claim can be made upon insurance effected by Timbermill pursuant to these terms then the hirer must:
Report the damage or loss to Timbermill and the Police (if appropriate) immediately upon the Hirer becoming aware of such loss or damage;
provide all necessary co-operation to Timbermill, the Police and the insurer in respect of any claim; and
immediately upon demand pay to Timbermill any excess payable by Timbermill on the insurance effected by Timbermill.
This provision does not in any way affect the Hirer’s liability for any loss or damage to the Quote Items or any monies payable pursuant to those Terms.
12.0 Sale of Quote Items to Hirer
Subject to the prior written consent and agreement between Timbermill and the Hirer as to the sale price, Timbermill may at the Hirer’s request agree to sell the Quote Items to the Hirer at the expiry of the hire period. The Quote Items are not in any other circumstances offered for sale.
If Timbermill sells the Quote Items to the Hirer, ownership of the Quote Items will remain with Timbermill until all amounts owing by the Hirer are paid in full.
13.0 Termination and Access for Repossession of Quote Items
Without affecting any other rights Timbermill may have, Timbermill may terminate these Terms at any time without liability to the Hirer if the Hirer:
Breaches these terms,
Fails to pay any amount due it becomes due and payable; or
Becomes bankrupt, insolvent, or is placed in liquidation, administration or receivership; and in any such case Timbermill may repossess the Quote Items.
Without adversely affecting Timbermill’s other right and remedies, upon termination of these Terms for any reason and/or upon expiry of the Hire Period:
Hire must provide Timbermill with all reasonable assistance in locating and collecting the Quote Items;
The Hirer acknowledges and agrees that Timbermill or its employees or agents shall be entitled to enter the Hirer’s premises where the Quote Items are or Timbermill reasonable believes the Quote Items are, in order to re-take possession of the Quote Items;
The Hirer indemnities Timbermill against any liability, damage, loss, cost, charge or expense arranging directly or indirectly out of Timbermill exercising this right of entry;
If the Quote Items are not returned to Timbermill in the condition they were provided to the Hirer (subject to reasonable wear and tear) at the expiry of the Hire Period, or within seven (7) days of Timbermill making a written demand the Hirer must pay Timbermill the new replacement cost of the Quote Items and any other cost incurred by Timbermill due to the loss of the Quote Items.
14.0 Damage, loss and Breakage
The security of all Quote Items is the full responsibility of the Hirer from the event start date until the event end date whereby the Quote Items are returned to Timbermill premises. The Hirer will pay the full replacement cost of any breakages or cost of repairs to damaged hire equipment that occurs during the hire period.
The Quote Items provided by Timbermill must be returned in equal condition to how they were delivered to the Hirer.
If upon return of the Quote Items to Timbermill, the Quote Items are found to be of unequal condition, the Hirer shall pay Timbermill the full cost of restoring the Quote Items to a good working condition.
15.0 Indemnity and Limitation of Liability
All guarantees, terms, conditions, warranties, undertakings or representations express of implied in any way relating to this Agreement are excluded to the maximum extend permitted by law. Notwithstanding this, nothing in this Agreement restricts or modifies any right or remedy including any guaranteed imposed or implied under the Australian Consumer Law (if applicable) which contains guarantees to protect consumers of certain goods and services.
To the extend that Timbermill is able to determine the same our liability for breach is limited to (at our sole discretion) supply of substitute Quote Items (or the cost of doing so).
Save for any liability the Timbermill may not exclude, to the maximum extent permitted by law, our liability for all claims arising under this Agreement, whether is contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, is limited to an amount equal to the Hire Charges paid by you under this agreement.
Timbermill is not liable for any consequential, indirect of special loss or damage, loss of profits, loss of business, business interruption, cost or amount that the Hirer is liable for arising out of any loss suffered by third parties under of relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable any even if advised of the possibility of the loss or damage.
The Hirer must indemnity Timbermill against all liability, claims, damage, loss, cost and expended (including, without limitation, legal fees, costs and disbursements, on a full indemnity basis, whether incurred against or by Timbermill in respect of:
damage to tangible property; or a
a claim by a third party, in respect of the use of the Quote Items.
To the extent that Timbermill’s loss is cause by our negligence, the Hirer’s liability is reduced to that extent.
16.0 Force Majeure
Timbermill will not be liable for the consequence of any circumstance reasonably beyond Timbermill’s control, which affects its obligations under this Agreement.
These terms and conditions are governed by the laws of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the court of New South Wales.
A provision of or right created under this Agreement will not be waived by Timbermill or varied except in writing signed by an authorised representative of Timbermill.
A waiver by Timbermill of a provision will not waive any other provision of this Agreement or constitute a continuing waiver unless expressly provided.
If a provision or right or remedy of a party under this Agreement is void or unenforceable for any reason than that part will be read down or severed from this agreement without affecting the validity or enforcement of the remaining provisions.
The Hirer is not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by Timbermill.
The description, illustration and performance of any product contained in our catalogue, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this agreement.
Timbermill may complete any blanks in the Rental Quote on the Hirer’s behalf.