TERMS AND CONDITIONS

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Terms and Conditions

AIM HIRE LIMITED (“Owner”)
TERMS AND CONDITIONS OF HIRE (“Terms”)
1. Definitions
1. “Toilet(s)” means portable toilet(s), trailer stand and accessories supplied by the owner.
2. Hire of Toilets
2.1 Owner agrees to let to Customer and Customer agrees to take on hire of the Toilet(s) described in the schedule or quote attached to these Terms (“Toilet(s) ”) for the term, at the rental and otherwise on the terms and conditions set out in, or referred to in, these Terms.
2.2 Servicing toilets include a tank pump out (if required) cleaning and disinfecting of exposed surfaces, chemical dosing, water top up and restocking with toilet paper and free flowing liquid soap.
2.3 Construction / building site toilets are serviced on a weekly basis unless otherwise negotiated.
2.4 Residential weekend or day hire of portable toilets will be serviced pre-delivery and on pickup unless otherwise negotiated. Multi day event toilets are normally serviced daily.
3. Terms of Hire

The term of hire of the Toilets shall be for the period specified in Owner’s quote or if there has been no written quote by Owner or if the term is not specified in Owner’s quote, then for the period commencing on [ ] and expiring on [ ]. Owner and Customer may by agreement extend the hire term on a weekly basis following the expiry date and, in such case, Customer shall pay the below mentioned rental for such extended period and all the terms and conditions of these Terms shall apply during the extended period with any necessary modifications. Where dates are extended, either party may give the other 14 days notice of termination of contract.

4. Rent
4.1 Account customers will be invoiced on a monthly basis, standard payment terms are the 20th of the month following.
4.2 Customer shall pay to Owner, without any set off or deduction of any kind, rent for the Toilets at the rate specified in Owner’s quote. For casual hire the Owner may also request a 20% non-refundable deposit on confirmation of hireage with the balance payable on the day the Toilets are installed. If the term of hire is extended then rental for the extended period beyond the expiry date shall be payable by Customer to Owner weekly in advance.
4.3 Until the non-refundable deposit is received from casual customers by the Owner and a letter of confirmation given by the Owner supply of the Toilets shall not occur. The Owner is not liable for any costs incurred by the Customer until the Owner has provided the Customer with written confirmation of its order.
4.4 The owner shall be released from its obligations to supply the Toilets in the event of an accident, national emergency, inclement weather, prohibitive governmental regulations or for any other cause beyond the reasonable control of the owner which renders the performance of this agreement impossible.
4.5 On-demand call outs will incur a $50 +gst fee. Call outs to remote areas or where an unreasonable distance is required to attend the call out additional mileage charges may be applied. An on demand call is any service request outside the normal servicing schedule. Aim Hire will endeavour to service an on-demand call within 24hrs if at all possible.
4.6 Cleaning and servicing of a toilet that has been knocked down or blown over incurs a $50 +gst fee.
4.7 Excessive graffiti, paint splatters or concrete splatters will incur a $50 cleaning fee. Please make an effort to ensure your painters and concreters clean up splatter.
5. Deposit
5.1 A 20% deposit maybe requested by the Owner to confirm an order.
5.2 The 20% deposit received by the Owner on confirmation of booking is non-refundable.
5.3 The Owner may require the Customer to provide details of a valid credit or debit card upon hire as a form of deposit, in which event the Owner reserves the right to present these details at any time for payment of any sums due under the Contract.
6. Customer’s Obligations
In addition to its other obligations under these Terms, Customer shall:
(a) It is the customers responsibility to ensure the toilets are accessible for servicing at all times (including during wet weather)
(b) Keep the Toilets at the site referred to in Owner’s quote (“the Site”). Customer shall not remove or allow removal of the Toilet(s) from the Site (or from such other location as may be agreed in writing by Owner);
(c) Not allow any encumbrance, charge or lien of any kind to arise or remain on the Toilet(s);
(d) Not sell or agree to sell or offer the Toilet(s) for sale, pledge or hire or other dealing or disposal to any other person or part with possession of the Toilet(s);
(e) Allow Owner (and its contractors or agents) at all times and at any time unrestricted access to the Site to inspect the Toilet(s) and to repair or remove the Toilet(s) (if considered necessary by Owner) and as otherwise may be required to protect Owner’s rights;
(f) Cease to use and immediately notify Owner in the event of any loss or damage to the Toilet(s);
(g) Not attempt or allow any other person to repair any damage to the Toilet(s) without the prior written authority of Owner;
(h) Immediately deliver up and allow the Toilet(s) to be collected and removed from the Site by Owner (or its contractors or agents) at the expiry of the term (or the extended term, as the case may be) or upon Owner earlier terminating the hire of the Toilet(s) in the event of any breach of these Terms by the Customer.
7. Condition of Toilet(s) and Loss or Damage
7.1 Customer acknowledges that the Toilet(s) is or will be hired under these Terms in a clean and new or near new condition, and that the Toilets must be kept and delivered up to Owner in the same good clean and new (or near new, as the case may be) condition on expiry or earlier termination of the term without any allowance for wear and tear. Customer is liable for the full repair or replacement cost of the Toilet(s) if it is lost or damaged during the term (except loss or damage occurring during delivery or removal by Owner or its agents or contractors) or not delivered up in the foregoing condition on expiry or earlier termination of the term. Customer shall immediately upon demand by Owner pay the full amount required to repair or replace any lost or damaged Toilet(s).
7.2 The Owner shall charge the Customer the full rental to hire the Toilet(s) up to and including the date the Customer notifies the Owner that the Toilet(s) has been lost, stolen and/or damaged beyond economic repair. From that date until the Owner has replaced the Toilet(s) the Customer shall pay as a genuine pre-estimate of lost rental profit a sum as liquidated damages being equal to two-thirds of the rental that would have applied for that period. The Supplier shall use reasonable endeavours to purchase replacement Toilet(s) as quickly as possible using monies paid by the Customer to do so.
8. Risk
8.1 Risk in the Toilet(s) will pass immediately to the Customer when the toilet(s) leave the possession or control of the Owner.
8.2 Risk in the Toilet(s) will not pass back to the Owner from the Customer until the Toilet(s) are back in the physical possession of the Owner. This shall apply even if the Owner has agreed to cease charging the rental.
9. Indemnity

The Customer will indemnity and keep indemnified the Owner from and against all loss, damage, cost or expense incurred or suffered by the Owner which may arise in respect of the Toilet(s) and its use or operation by the Customer or by any person and also in connection with any breach of the provisions of this Agreement by the Customer.

10. Insurance

The Customer shall arrange adequate public liability insurance in relation to any claim which could arise as a consequence of the use of the Toilet(s) by the Customer. The Owner shall not be liable for any damage sustained to any property or individual as a consequence of the erection of the Toilet(s).

11. Miscellaneous
11.1 This contract for hire is personal to the Customer and is not capable of assignment by Customer. Owner retains full ownership and title to the Toilet(s) at all times. Time is of the essence in respect of all stipulations as to the time for payment of monies under these Terms. If full payment is not made by Customer to Owner of any monies payable to Owner under these Terms when due then Customer shall pay to Owner default interest at the rate of 2% per month on the outstanding monies calculated on a daily basis from the date payment was due until full payment is received. Customer agrees and acknowledges that if Customer is hiring the Toilet(s) for the purposes of a business then the provisions of the Consumer Guarantees Act 1993 shall not apply. Owner shall not be liable to Customer for any consequential or economic loss, damage or expense incurred or suffered by Customer or any other person arising from any cause whatsoever (whether by reason of breach of contract, negligence or otherwise).
11.2 The Customer agrees that the Customer has inspected the Toilet(s) components prior to execution of the Agreement and acknowledges that the Toilet(s) components are in good and proper working order and condition.
11.3 The Customer acknowledges that the Customer relies solely on its own judgement in accepting the Toilet(s) for hire under this Agreement.
11.4 No warranty or representation expressed or implied has been or is made by the Owner that the Toilet(s) is now suitable or remains suitable or adequate for use by the Customer.
11.5 The Owner shall not be liable to the Customer for any direct or indirect consequential loss, damage, liability, cost, claim or expense incurred or suffered by the Customer in connection with any breakdown, non-performance or inadequate performance of the Toilet(s). The Customer will ensure prior to the erection of the Toilet(s) that they have obtained all necessary approvals for its usage and shall ensure that at all times they have obtained all necessary permits for its constructions and that it complies with the provisions of all applicable statutes and/or rules and regulations in force.