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SCHEDULE 2
CEVOL INDUSTRIES PTY LTD
A.C.N. 005 182 598
TERMS OF HIRE
1. In these terms:
(a) "EQUIPMENT" includes:-
A Pallet or Pallets, comprising of wire mesh or sheet sections forming four walls and either a mesh or a
sheet base, and variations.
(b) "CEVOL" means Cevol Industries Pty. Ltd. A.C.N. 005 182 598 (its successors and assigns) the owner
and hirer-out (under the trade name of Cevol Industries Pty. Ltd.) of the EQUIPMENT, the subject of
the hire under these terms.
(c) "HIRER" means any person, firm or corporation (its successors or assigns) to whom or to which
EQUIPMENT is hired by CEVOL.
(d) "QUANTITY OF EQUIPMENT ON HIRE" means in respect of any week the quantity of pallets which have been hired out to the HIRER on or before that day and the quantity of pallets which have been returned (or are deemed pursuant to Clause 4 to have been returned) by the HIRER to CEVOL before that day provided that where there has been any determination under Clause 3 (b) of the quantity of pallets on hire it shall mean the quantity so last determined as at the day to which such determination relates plus the quantity thereafter taken on hire less the quantity returned or deemed to be returned as aforesaid.
(e) "HIRING" as pertaining to this agreement, is deemed to commence at the point of delivery of possession of the EQUIPMENT by Cevol to the hirer and is deemed to terminate once possession of the EQUIPMENT is returned to Cevol by the HIRER.
(f) "GUARANTOR" shall mean any person who signs the form of Guarantee annexed to and forming part of these Terms of Hire.
2. (a) HIRER not to sell, mortgage, or remove EQUIPMENT etc. The HIRER during the continuance of the hiring will not sell or offer for sale assign mortgage pledge underlet lend or otherwise deal with the said EQUIPMENT or any part or parts thereof or with any interest therein or in this agreement but will keep the said EQUIPMENT in his own possession and will not remove the same or any part or parts thereof from the place where such EQUIPMENT is for the time being without the previous consent in writing of Cevol and will not allow any lien to be created upon the said EQUIPMENT whether for repairs or otherwise and will duly and punctually pay all rents rates taxes charges and impositions payable in respect of the premises wheron the said EQUIPMENT shall for the time being be situate and produce all receipts for such payments to Cevol on demand and will protect the said EQUIPMENT against distress execution or seizure and Cevol against all losses costs charges damages and expenses incurred by him by reason or in respect thereof.
SAFE-KEEPING:
(b) The HIRER accepts full responsibility for the safe-keeping of the EQUIPMENT, and except as specified hereafter, indemnifies CEVOL for all loss, theft of or damage to the EQUIPMENT however caused and without limiting the generality of the foregoing whether or not such loss, theft or damage is attributable to any negligence, failure or omission of the HIRER.
INSPECTION:
(c) Cevol has the right to enter upon the HIRERS premises from time to time as is reasonable during the hire period, to inspect the EQUIPMENT. Where the EQUIPMENT is located other than on the HIRERS premises, the customer shall do everything within its power to procure permission for representatives of CEVOL to enter the Site.
CHANGE IN HIRER'S COMPANY:
(d) It is a fundamental term of these conditions that the HIRER advise CEVOL within 7 days of any change in its share holding or to its Directors, including any change of name of the HIRER. (as named in the Credit Application and Directors Guarantee.)
3. MONTHLY INVOICING:
(a) The hiring of EQUIPMENT is daily and the hirer shall pay to CEVOL hiring charges accruing daily calculated on the QUANTITY OF EQUIPMENT ON HIRE and payable within seven days after an invoice therefore had been rendered by CEVOL to the HIRER.
(b) Such invoice shall state (inter alia) what CEVOL claims to have been:-
(i) The QUANTITY OF EQUIPMENT ON HIRE on the first day of the accounting period covered by the invoice.
(ii) The quantity of EQUIPMENT if any hired out to the HIRER on any day during the accounting period and the date of each such hiring out.
(iii) The quantity of EQUIPMENT if any returned by the HIRER to CEVOL on any day during the
accounting period and the date of each such return.
(iv) The quantity of EQUIPMENT if any deemed pursuant to Clause 4 to have been so returned during the accounting period and the date of each such return.
(c) The QUANTITY OF EQUIPMENT ON HIRE on the last day of accounting period as stated in the invoice shall be a final and conclusive determination of the QUANTITY OF EQUIPMENT ON HIRE on that day and for all purposes as between CEVOL and the HIRER shall be deemed to be such quantity of equipment unless the HIRER within twenty-one days after service upon the HIRER of the invoice gives notice in writing to CEVOL that the HIRER disputes the quantity of equipment so stated or there is a clerical error by CEVOL manifest on the face of that invoice alone or CEVOL within ninety days after service upon the HIRER of that invoice serves upon the HIRER an amended invoice alone or CEVOL within ninety days after service upon the HIRER of that invoice serves upon the HIRER an amended invoice for that accounting period of notice in writing that CEVOL waives the right to serve such an amended invoice.
(d) Where the QUANTITY OF EQUIPMENT ON HIRE has last been determined as aforesaid such determination shall supersede all previous determinations.
4. LOSSES:
In the event of any of the EQUIPMENT on hire being lost or destroyed including destruction by fire it shall nevertheless continue to be included in the QUANTITY OF EQUIPMENT ON HIRE until the HIRER has served upon CEVOL notice in writing of such loss or destruction and has paid to CEVOL a sum equal to the then current value of that quantity of new equipment thereupon the EQUIPMENT so lost or destroyed shall be deemed to have been returned to CEVOL.
5. RETURNS:
(a) In the event of any EQUIPMENT being damaged, the HIRER shall forthwith return it to CEVOL for it's assessment of such damage, and insofar as such damage is structural, the HIRER shall pay to CEVOL a sum equal to a reasonable charge for the repair of the EQUIPMENT.
(b) Any EQUIPMENT returned to CEVOL from HIRING by the HIRER shall be clean and serviceable and the HIRER agrees to pay the reasonable costs of cleaning and/or rendering the pallets serviceable.
6. TRANSPORT:
Hiring charges do not include any transportation by CEVOL of EQUIPMENT and the HIRER will pay a reasonable additional fee for any transportation by CEVOL at the request of the HIRER.
7. IDENTIFYING MARKS:
The HIRER shall not remove, deface or cover up nor shall the HIRER cause to be removed, defaced or covered up any identifying marks of ownership on any EQUIPMENT.
8. TERMINATION OF HIRE:
(a) CEVOL may at any time serve upon the HIRER notice to return all EQUIPMENT ON HIRE on that day and in the event of the HIRER returning less than that quantity of equipment the HIRER shall be deemed to have lost the quantity of equipment which the HIRER has so failed to return and thereupon shall forthwith pay to CEVOL a sum equal to the then current value of that quantity of new equipment. The HIRER shall not be entitled to any damages or compensation from CEVOL for any loss suffered whether directly or indirectly by reason of the service upon the HIRER by CEVOL of such notice to return or the consequences of service of such notice.
(b) Without prejudice to any other remedies available to CEVOL, CEVOL may terminate the Hire Agreement without notice to the HIRER, if the HIRER:
(i) Breaches any of these Conditions of Hire: (and continues to be in a breach for 7 days) or
(ii)It is in receipt of a statutory demand pursuant to the Corporations Act, has a winding up petition presented against it, is wound up, goes into voluntary liquidation, commits an act of bankruptcy, has a receiver and/or Manager appointed to its assets or any of them makes an assignment or compromise for the benefit of its creditors, is placed under administration or ceases to carry on business.
(c) Upon termination of this Agreement, CEVOL shall be entitled to retake possession of the EQUIPMENT and CEVOL is irrevocably authorised by the HIRER to enter the HIRER’S premises (or any premises under the control of the HIRER or as agent of the HIRER if the equipment is stored at such premises) and use reasonable force to take possession of the equipment without liability for the tort of trespass, negligence or payment of any compensation to the HIRER or anyone claiming through the HIRER whatsoever.
9. INDEMNITY:
The HIRER shall indemnify CEVOL from and against all claims which may be made against CEVOL for damages or otherwise, in respect of or arising directly or indirectly out of any loss, damage, death or injury whatsoever caused directly or indirectly by or arising directly or indirectly out of the use of any EQUIPMENT whilst on hire to the HIRER which indemnity shall extend to and include all costs and expenses incurred by CEVOL in investigating and / or defending any such claim.
10. The Terms herein stated shall replace other Terms of Hire, if any, previously in force.
11. NOTICES:
Without limitation of service by any other method any notice or invoice which these terms of hire provide shall or may be served given or rendered by CEVOL shall be deemed to have been properly served and given and rendered if left at the place of business of the HIRER as stated herein (or last notified in writing by the HIRER to CEVOL) or if sent by post addressed thereto and if sent by post such service shall be deemed to have been effected when the letter is in the ordinary course of post delivered.
12. DETERMINATION OF AGREEMENT ON DEFAULT.
If the HIRER shall make default in punctual payment of the monthly sums so to be paid by him for the hire of the said EQUIPMENT or if an order shall be made for the sequestration of his estate or if he shall enter into any composition or arrangement with his creditors or if the HIRER (being a limited company) shall enter into compulsory or voluntary liquidation (not being a voluntary liquidation only for the purposes of amalgamation or reconstruction) or shall fail to observe and perform the terms and conditions of this agreement on his part to be observed and performed or if the HIRER shall do or cause to be done or permit or suffer any act or thing whereby the CEVOL'S rights in the said EQUIPMENT may be prejudiced or put in jeopardy this agreement shall forthwith determine (without any notice or other act on the part of CEVOL and notwithstanding that Cevol may have waived some previous default or matter of the same or like nature) and it shall thereupon be lawful for CEVOL to retake possession of the said EQUIPMENT and is irrevocably authorised by the HIRER to enter the HIRER’S premises (or any premises under the control of the HIRER or as agent of the HIRER if the goods are stored at such premises) and use reasonable force to take possession of the equipment without liability for the tort of trespass, negligence or payment of any compensation to the HIRER or anyone claiming through the HIRER whatsoever.
13 The hirer is liable for and agrees to reimburse CEVOL for any expenses incurred by CEVOL in the recovering or attempting to recover payment from the HIRER for any amounts that are overdue. These costs
include, but are not limited to, legal court charges, solicitors and debt collection agency commissions and fees.
14 The equipment on hire shall remain at all times the property of CEVOL.
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