These Terms & Conditions shall apply to every hire or loan contract between Aegis Sales & Service (Aegis Safety Pty Ltd ) and the Customer.
Any terms and conditions of the customer’s order or any statement by the customer deviating from or inconsistent with these terms and conditions are expressly rejected by the Aegis Sales & Service.
Acceptance of hire or loan may be made and communicated by the Aegis Sales & Service in writing or by other act of acceptance. No agent or distributor of the Aegis Sales & Service has authority to add to, vary or contradict these terms and conditions. Placing an order for loan or hire with Aegis Sales & Service is deemed as acceptance of terms and conditions.
In this agreement “Aegis Sales & Service” "Aegis" means AEGIS SALES & SERVICE PTY LTD; words importing the singular include the plural and vice versa; references to a person include a corporation (or related body corporate or related entity as those terms are defined in the Corporations Law); partnership; incorporated association, own instrumentality; any statutory, public or local authority; and any Government owned corporation; “loaner” means every person agreeing to loan goods from AEGIS SALES & SERVICE under this loan agreement; “goods” means all of the goods listed on any loan form between AEGIS SALES & SERVICE and the loaner;
The Loaner will:-
- Be in possession of the loan unit for the allocated period of time. If the unit is not in the possession of AEGIS SALES & SERVICE by the date specified the loaner will be charged from date of pick up;
- Pay for all the goods on any loan invoice at the rate noted on the invoice;
- And by no later than the time due in noted on the invoice;
- Fully reimburse AEGIS SALES & SERVICE for any damage to or loss of any of the goods;
- Return the goods in a clean condition and . it that is not done, to pay a reasonable cleaning fee to AEGIS SALES & SERVICE for the goods to be thoroughly cleaned and if necessary, to be repaired;
- Return of all the goods fully fueled (if applicable) and to pay AEGIS SALES & SERVICE on demand all refueling costs if the equipment is not returned fully fuelled;
- Properly and fully maintain all of the goods during the period of loan including oiling and greasing them if applicable;
- Retain possession of the goods and not create any charge or encumbrance over any of them;
- Pay interest at 2.5 percent per month on all outstanding accounts together with Aegis legal costs and disbursements (on an indemnity basis for any action taken by it in respect of the loaner’s breach)
- Immediately return any of the goods on demand by AEGIS SALES & SERVICE.
- All accounts (including any cleaning, painting, repair, fuelling, interest charge, or other charges that may be payable by the loaner to AEGIS SALES & SERVICE) will be paid to Aegis immediately on return of the goods;
- Any deposit will be used by Aegis in part payment of any money payable on any account by the loaner to AEGIS SALES & SERVICE;
- Aegis may inspect the goods at any time that they are on loan to the loaner. This will ensure that Aegis has access to any place where the goods may be held whilst on loan for the purposes of carrying out that inspection and if necessary the removal of goods;
- During the period of loan the goods will be entirely at the risk of the loaner;
DAMAGES CLAIMS (THIS CLAUSE IS MOST IMPORTANT AND IT IS ESSENTIAL THAT YOU READ IT BEFORE SIGNING THE AGREEMENT).
The loaner acknowledges and agrees that:-
- It will be solely responsible for any loss or damage of any sort whatsoever (and whether for claims or damages for personal injuries or to property) in any way occasioned by the loaner’s use of the goods during the period of the loan;
- It will ensure that, where applicable, the operator of the goods currently holds all necessary licenses and permits and approvals to operate the goods. No liability attaches to AEGIS SALES & SERVICE for failure to comply with this clause;
- It has inspected the goods prior to signing this agreement and is satisfied with their conditions, safety and suitability. The loaner agrees that whilst AEGIS SALES & SERVICE will attempt to rectify any minor faults and where possible on job sites (provided that any such faults are notified promptly to it by the loaner), the loaner releases AEGIS SALES & SERVICE from all liability of any sort whatsoever for any loss of any sort caused by the breakdown of the goods whilst on loan (this clause operates without limiting the operation of any other clause in this agreement);
- It is fully familiar with all requirements of any sort whatsoever (whether governmental or otherwise) for the use and operation of any of the goods that are the subject to this loan agreement (and warrants that to AEGIS SALES & SERVICE).
- In any event, where applicable, it has been given instructions by AEGIS SALES & SERVICE as to the proper used of the goods prior to their being taken out on loan by it;
- AEGIS SALES & SERVICE gives no guarantee of any sort at all to the suitability of the goods for any of the loaner’s purposes and the loaner has satisfied themselves as to the suitability before signing this agreement;
All waivers in clause 4 of this agreement operate to the fullest extent possible where permitted by law. To the extent that any of the provisions of this clause are read down by the Statute or Rule of Law of any sort then that provision will be severed and the remaining parts of this agreement shall remain in full force and effect.