Terms and Conditions
1.1 The Owner shall hire to the Hirer the Buildings described above and shall use its best endeavours to cause the Buildings to be delivered to the delivery address on the nominated commencement date.
1.2 The Owner shall not be liable to the Hirer for any loss or damage caused to the Hirer in the event that the Owner is not able to deliver the Buildings to the delivery address by or on the commencement date because either:
(i) the delivery address is not suitably prepared for delivery; or
(ii) for any reason beyond the reasonable control of the Owner.
1.3 In the event that the Owner for any reason is unable to deliver the Building to the delivery address on the commencement date nominated by the Hirer and 1.2(i) is applicable, the contract for hire will be deemed to have commenced on the commencement date.
1.4 In the event that the Owner for any reason is unable to deliver the Building to the delivery address on the commencement date nominated by the Hirer and 1.2(ii) is applicable, the Owner will not be liable for any loss or damage caused to the Hirer and the commencement date of the hire contract will be deemed to be the date the Building is actually delivered to the delivery address.
1.5 The Owner at its discretion may terminate the hire contract by providing 45 days notice in writing to the Hirer irrespective of any other term in the contract. If the Owner gives notice to the Hirer of the termination of this contract, the Owner’s liability to the Hirer is limited to the refund of any hire fee paid in advance at the date the contract of hire is determined.
2. The Hirer:
2.1 acknowledges that the Hirer has inspected the Buildings or comparable Buildings and that they are suitable for the Hirer’s intended use and in good condition;
2.2 agrees to keep the Buildings and all fittings neat clean and tidy and in the same condition as at the commencement date fair wear and tear excepted;
2.3 agrees to pay for any cleaning and repairs (including without limitation repairs necessary because of signage affixed to the Buildings by the Hirer) to the Buildings reasonably required by the Owner during or at the end of the term of hire;
2.4 agrees to pay for the cost of repairing cleaning and replacing any fittings to the Buildings where such repair cleaning or replacement is due to the misuse neglect or failure to maintain the fittings by the Hirer;
2.5 agrees to pay to the Owner the cost to insure the Buildings for the term of hire and to pay the Owner’s claim excess of $950.00 per claim in the event of a claim for damage to or destruction of the buildings during the term of the hire;
2.6 shall at the Hirer’s expense obtain all necessary permits and consents from all relevant authorities and the land owner for the delivery of the Buildings to the delivery address and shall provide proof thereof to the Owner;
2.7 shall not move nor permit the Buildings to be moved from the delivery address without the Owners prior written consent;
2.8 shall arrange to obtain all necessary permits for and pay for all necessary connections of service to the Buildings and shall ensure all connections are undertaken by appropriately qualified tradespersons in accordance with the permits and in a proper and workmanlike manner;
2.9 shall at all times keep the Buildings properly secured against break in and locked when not in use;
2.10 hereby consents to the Owner entering upon the premises upon which the Buildings are located and the Buildings for the purpose of inspection (during business hours) and disconnecting services to the Buildings and the removal of the Buildings at the end of the term of hire or earlier termination of this Agreement for hire at the cost of the Hirer in all respects provided that the Owner and its servants or agent shall take reasonable precautions in the disconnection of services and the removal of the Buildings;
2.11 shall not use the Buildings for any illegal or improper purpose nor store in or on the vicinity thereof any dangerous flammable explosive or other like goods nor do any act or undertake any activity that may or may be likely to invalidate any insurance on the Buildings or cause any premium thereon to be increased;
2.12 shall comply with all reasonable laws in relation to the use of the Buildings including all Federal State and local Government Laws and Regulations including Occupational Health and Safety Laws and Regulations and all Regulations governing the connection and supply of services to the Buildings;
2.13 shall not undertake any repairs to the Buildings without the Owners prior written consent and subject to the Owners consent as aforesaid only use repairers as authorised by the Owner provided the Hirer shall be obliged to undertake any necessary emergency repairs in which event the Hirer shall forthwith notify the Owner in writing of such repairs and the circumstances of the damage giving rise to the repairs and the Hirer shall further thereafter comply with the reasonable requirements of the Owner with respect to any necessary insurance claim and the preparation of any necessary report to Police;
2.14 shall deliver up to the Owner the Buildings at the end of the term of hire in the same condition as at the commencement date fair wear and tear excepted;
2.15 shall not permit any person firm or corporation not under the direct control and supervision of the Hirer to use the Buildings;
2.16 shall not lease sell mortgage pledge sub‑let lend or otherwise deal with the said Buildings or with the benefit of this Agreement or do cause or permit to be done any act or thing which might prejudice the Owners right to the Buildings;
2.17 shall not make any alterations modification renovations or like changes to the Buildings without the Owners prior written consent which shall be at the sole discretion and on such Terms and Conditions as the Owner deems appropriate;
2.18 shall pay to the Owner such loss as the Owner may suffer if the Hirer ceases this Agreement before the end of the Term of Hirer;
2.19 warrants in favour of the Owner that the delivery address is or shall on the commencement date be suitably landscaped and prepared for delivery of the Buildings.
2.20 shall at its cost, prior to the Ending Date (or if the Hirer at any time gives at least 45 days notice of termination of this Agreement, then at or before the time of giving such notice) arrange for the proper disconnection of electrical power from the Buildings. The Hirer must confirm in writing to the Owner immediately upon the disconnection of electrical power occurring (Disconnection Notice). If the Disconnection Notice is not given by the Hirer to the Owner at least 7 days prior to the Ending Date (or if the Hirer has given at least 45 days notice of termination of this Agreement, then at least 7 days prior to the end of that 45 day period), then the Hirer must continue to pay the Hire Fees to the Owner until the electrical power is actually properly disconnected.
3. The Hirer shall be liable to pay to the Owner interest at the rate of ten per cent (10%) per month on all moneys payable by the Hirer to the Owner pursuant to the Terms of this Agreement, commencing seven (7) days after invoice. “All moneys payable” shall include hire fees delivery fees removal fees Government charges insurance premiums connection and disconnection fees transport fees debt recovery costs and all other fees payable hereunder and all costs including the legal costs incurred by the Owner in recovering the Buildings at the end of the term of hire or earlier termination. In the event of an Insolvency Event, the person(s) signing this hire Agreement will be, and will be deemed, personally liable for payment of all moneys payable.
4.1 “Insolvency Event”, if the Hirer is a corporation means any of these events:
a. an Application is made to the Court for an Order, or an Order is made:
i) that the Hirer be wound up;
ii) appointing a liquidator or provisional liquidator in respect of the Hirer, or one of them is appointed, whether or not under an Order.
b. a resolution is passed to appoint an administrator or an administrator is appointed to the Hirer;
c. a receiver or a receiver and manager is appointed to the Hirer;
d. the Hirer enters into, or resolves to enter into, a scheme of arrangement, deed of a company arrangement or corporation with an assignment for the benefit of all, or any class of its creditors, or it proposes a reorganisation, moratorium or other administration involving any of them;
e. the Hirer resolves to wind itself up or otherwise dissolve itself, or gives notice of an intention to do so or is otherwise wound up or dissolved;
f. the Hirer is, or states that it is, insolvent;
g. as a result of the operation of Section 459F(1) of the Corporations Act, the Hirer is taken to have failed to comply with a statutory demand;
h. the Hirer is or makes a statement from which the Owner may reasonable conclude that the Hirer is, the subject of an event described in Section 459C(2)(a) to (f) inclusive or Section 585 of the Corporations Act;
i. the Hirer takes any step to obtain protection, or is granted protection, from its creditors under any applicable Law;
j. a Mortgagee takes possession of any one of the assets or undertakings of the Hirer; or
k. anything analogous or having a substantially similar effect to any of the events specified above happens under the Law;
“Insolvency Event”, if the Hirer is a natural person, means any of the following events- the Hirer:
i. dies; or
ii. becomes insolvent under administration, as the term is defined in the Corporations Act
and, in the definition of “Insolvency Event” only, the word Hirer also includes:- any corporation which is a Related Body Corporate of the Hirer, and each Guarantor.
5. The Owner shall refund the security deposit to the Hirer at the end of the term of hire subject to the Owners rights to apply all or part of the security deposit against the costs and fees payable but not paid by the Hirer pursuant to the terms of this Agreement.
6. This Agreement to hire is binding upon the successors assigns and heirs of the parties hereto.
7. The Hirer shall not assign nor purport to assign the benefit of this Agreement to any third party. The Owner shall be at liberty to assign the benefit of this Agreement to any person firm or corporation.
8. The Hirer has entered this Agreement to Hire on the basis of the enquiries made by the Hirer and the Hirer agrees that the Owner has not made any representations to the Hirer to induce the Hirer to enter this Agreement and the parties agree that this agreement embodies all of the Terms and Conditions of the Agreement between them.
9. The Owner will not be liable for:
9.1 any loss or damage caused directly or indirectly by any fault in or failure of electricity supply lighting heating electronic equipment or any other fittings; or
9.2 any loss or injury to any person or their property no matter how it arises.
10. The Hirer hereby indemnifies and will keep indemnified the Owner and its employees and agents against all actions proceedings claims and demands which may be brought or made against them by any person in respect of loss damage or injury arising out of or in connection with whether directly or indirectly the hiring of the Buildings by the Hirer and against all costs damages and expenses which may be incurred by them in defending or settling those actions proceedings claims or demands except that the Hirer shall not be required to indemnify or keep indemnified the Owner or its employees and agents against any liability for loss damage or injury attributed to the negligence of the Owner or its employees or agents.
If the Hirer comprises two (2) or more persons the provisions of this Agreement binding that party bind those persons jointly and severally.
If the Buildings shall be damaged or destroyed by the Hirer or any other cause all moneys received or receivable with respect to insurance shall forthwith be received by the Owner and in the event that the damage shall render the Buildings unfit for use by the Hirer this Agreement shall at the election of the Owner be terminated on five (5) days written notice directed to the Hirer and the Hirer shall pay to the Owner such hire fees as may be due and in the event that no insurance moneys are payable as a result whether direct or indirect of the Hirer’s use of the Buildings, the Hirer shall upon demand pay to the Owner an amount equal to the replacement value of the said Buildings. In the event that the Owner does not elect to terminate this Agreement by reason of the destruction or partial destruction of the said Buildings then the Hirer shall replace the said Buildings with the same or similar Buildings (but not of lesser quality) within thirty (30) days from the date of such destruction and there shall be no abatement of hire fees whatsoever.
11. PPSA Security Interest
a. The Hirer acknowledges and agrees that it at no time does it possess, or have right to obtain, title to the Buildings.
b. The Hirer grants a Security Interest pursuant to section 12 of the Personal Property Securities Act 2009 (“the Act”) in the Buildings, these being Collateral pursuant to the Act, to secure the Hirer’s obligations pursuant to this Agreement.
c. The Hirer covenants that it will not create or allow any other interest in the Buildings without the consent of the Owner.
d. The Hirer consents to the Owner registering its security interest on the Personal Property Securities Register and covenants to provide all reasonable assistance such that registration may be effected.
e. To the extent section 115(1) allows this, sections 95, 125, 130, 132(3)(d), 132(4), 142 and 143 of the PPSA will not apply to any PPSA Security Interest created under this Agreement.
f. To the extent section 115(7) allows this, sections 127, 129(2), 132, 134(2), 135, 136(3), (4) and (5) and 137 of the PPSA will not apply to any PPSA Security Interest created under this Agreement.
g. The Hirer waives any right to receive any notice required to be provided under the PPSA (including under sections 144 and 157) in respect of any PPSA Security Interest unless the requirement to give the notice cannot be waived or excluded.
The hirer hereby acknowledges receiving a copy of these Terms and Conditions of hire and agrees to be bound by them.