SITESEC Pty Ltd
Unit 6/8 Production Avenue, Molendinar, QLD 4214
T: 1800 951115 | ABN: 68 611552 053
E: [email protected] | W: www.sitesec.com.au
1. Interpretation of Words in this Agreement;
Commencement – The latter of the date on the Hire Contract or the time of delivery of the Equipment to the Customer.
Equipment – SITESEC Capture video monitored intruder system, complete with detectors, poles, monitoring equipment & solar panels.
Hire Charge – The amounts shown on the Hire Contract payable by the Customer to hire the Equipment.
Hire Period – The period from Commencement until the Equipment is returned to SITESEC PTY LTD.
NOTE TO CUSTOMER: You are responsible for the Equipment until it is back in the possession of SITESEC PTY LTD.
SITESEC PTY LTD Obligations
SITESEC PTY LTD will;
2.1 Allow the Customer to take and use the Equipment until it is due back;
2.2 Provide the Equipment to the Customer clean and in good working order;
2.3 Re-supply or repair the Equipment if it fails to operate properly;
2.4 Collect the Equipment within 5 days of being requested to do so by the Customer.
NOTE TO CUSTOMER: You must request equipment to be picked up in writing via email
3. Payments by the Customer to SITESEC PTY LTD
3.1 On or before Commencement (or as provided in the Customer’s Credit Application with SITESEC PTY LTD) the Customer will pay the Hire Charge.
3.2 Immediately on request by SITESEC PTY LTD, the customer will pay;
Subject only to section 4 of this Contract,
(d) Stamp duties, Goods & Services Tax, any other taxes or duties payable in respect of this Contractor arising from the Customer’s use of Equipment.
(e) All costs incurred by SITESEC PTY LTD in delivering and recovering possession of the Equipment,
(f) A late payment fee calculated daily at 10% per month on all amounts owing by the Customer not paid on time,
(g) Any expenses and legal costs (including commission payable to a commercial agent) incurred by SITESEC PTY LTD enforcing this contract,
3.3 Without limiting the ability of SITESEC PTY LTD to recover all amounts owing to it, the Customer authorises SITESEC PTY LTD to debit any amounts owing by the Customer from any bank accounts, details of which are provided to SITESEC PTY LTD.
4. Obligations of the Customer to SITESEC PTY LTD
The Customer must:
4.1 Indemnify SITESEC PTY LTD for all injury and/or damage caused to persons or property in relation to the equipment and it’s operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment.
The Customer must NOT;
4.2 Tamper with, damage or repair the Equipment,
4.3 Lose or part with possession of the Equipment,
4.4 Rely upon any representation relating to the Equipment or it’s operation other than those contained in this contract.
4.5 The SITESEC is insured against criminal damage and site theft by SITESEC PTY LTD. SITESEC PTY LTD has the right to any subsequent criminal or civil action to recover costs against such actions.
5. Customer not to claim damages
The Customer cannot recover from SITESEC PTY LTD compensation for any damages (including for consequential loss) arising in respect of this Contract or the hiring or the use of the Equipment.
6. Breach of Hire Agreement by Customer
If the Customer breaches any clause whatsoever of this contract, or becomes bankrupt, insolvent or ceases business, then;
6.1 SITESEC PTY LTD shall be entitled to
(a) Terminate this Contract, and /or
(b) Sue for recovery of all monies owing by the Customer and / or
(c) Repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so); and
7. Any damage and/or Theft Waiver referred to in Section 4 are immediately invalidated.
8. No Warranties
All warranties and conditions are excluded to the full extent permitted by law and SITESEC PTY LTD only obligation resulting from a breach by it of any condition or warranty is limited to the supplying of the Equipment again or to the repair of the Equipment.
9.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges, must be communicated to SITESEC PTY LTD in writing within 30 days of the Hire Contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.
9.2 If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due to SITESEC PTY LTD) the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
SITESEC PTY LTD will comply with the National Privacy Principles in all dealings with Customers. A copy of the SITESEC PTY LTD Privacy Statement is available upon request.
11. Governing Law
This Hire Contract is a payment claim under the Building and Construction Industry Security of Payment Act 1999 NSW, the Building and Construction and Security of Payment Act 2002 VIC, the Building and Construction Security of Payment Act 2004 QLD, the Building and Construction Security of Payment Act 2009 SA, the Constructions Contracts Act 2004 WA, the Building and Construction Industry (Security of Payment Act) 2009 ACT, the Building and Construction Industry Security of Payment Act 2009 TAS, and /or the Construction Contracts (Security of Payments) Act 2009 NT.
Except where SITESEC PTY LTD in its discretion takes action against the Customer under any of the building and Construction Industry legislation referred to in this clause, SITESEC PTY LTD and the customer agree that this Contract is governed by the law of the state of QLD, and the parties submit to the jurisdiction of the courts of that State.
Last Updated: 12/2018