Melbourne, Victoria

Mon-Fri 07:30 AM – 05:30 PM

03 9306 9640

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TERMS & CONDITIONS

Definitions

Temp Supply means Temp Supply Pty Ltd (ACN: 640 250 102), (“Temp Supply”)

Customer means the customer of Temp Supply, the entity or person that has engaged the services or hired any product from Temp Supply, (“Customer”)

  1. Any damage or loss of any product of Temp Supply not directly caused by an employee or agent of Temp Supply, the Customer will incur a $600 fee payable immediately to Temp Supply.
  2. In the case of any default by the Customer, Temp Supply is granted an irrevocable right to, terminate this agreement, disconnect power and collect all its products from the relevant site.
  3. The Customer shall give 3 business days’ notice to Temp Supply before terminating this agreement and must grant access to the site to Temp Supply to allow further removal of any and all Temp Supply products.
  4. This agreement shall bind both parties, Temp Supply and the Customer, until such time that any event occurs as set out in clauses 2 and 3 above.
  5. At any time, Temp Supply may vary or amend these terms.
  6. The Hire Form and this agreement shall form as the only counterparts to the entire agreement between Temp Supply and the Customer.

PRIVACY

  1. Your privacy is important to Temp Supply.
  2. This privacy statement provides information about the personal information and the ways in which Temp Supply uses that information. Temp Supply may collect and use the following kinds of personal information:
  3. Personal details you provide when hiring a Builder’s Temporary Power Poles.
  4. Temp Supply employees will use your personal details in accordance with the terms and conditions of this privacy statement. If required, Temp Supply may disclose your personal details to the extent that is necessary to do so by the law. Information that you provide to Temp Supply will be stored on a secure server.
  5. Any information that you provide Temp Supply will be treated with precautions to prevent any loss or alterations of your personal details.
  6. Temp Supply have the right to update their policy. You will be notified of any updates prior to them taking affect.
  7. If you have any queries about this privacy policy, please contact: admin@tempsupplyhire.com

1. INTERPRETATION OF WORDS IN THIS CONTRACT

  • COMMENCEMENT – The date the Builder’s Temporary Power Pole is installed by Temp Supply.
  • EQUIPMENT – Temporary Power Pole, and equipment with the Temporary Power Pole.
  • CUSTOMER – refers to the person, organisation, firm, corporation, partnership or other entity (including trust) hiring the Temporary Power Pole from Temp Supply as identified in the Hire Application.
  • HIRE CHARGE – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.
  • HIRE PERIOD – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire period will vary depending on each job location.
  • HIRE SCHEDULE – Means a document which Temp Supply requires the Customer to sign (or accept in a way Temp Supply requires) including particulars of the Equipment and the Hire Period and such other information as Temp Supply may decide to require.
  • TEMP SUPPLY – The company listed on the Hire Schedule.

     

2. TEMP SUPPLY OBLIGATIONS TEMP SUPPLY WILL

2.1 Allow the Customer to use the Builder’s Temporary Power Pole for the Hire Period.
2.2  Provide the Temporary Power Pole to the Customer clean and in good working order.
2.3  Collect the Temporary Power Pole within 7 days of being requested to do so by the Customer.

3. OBLIGATIONS OF THE CUSTOMER

The Customer must:

3.1  Satisfy itself at Commencement that the Temporary Power Pole is suitable for its purposes
3.2  Operate the Temporary Power Pole safely, strictly in accordance with the law, only for its intended use.
3.3  Indemnify Temp Supply for all damage/s to the extent caused or contributed to by the Customer to persons and property in relation to the Temporary Power Pole; and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Temporary Power Pole.

The Customer must NOT :

3.4  Ensure that all persons using the Builder’s Temporary Power Poles hold a current Certificate of Competency and/ or are fully licensed.
3.5  Tamper with, damage or repair the Temporary Power Pole.
3.6  Lose or part with possession of the Temporary Power Pole.
3.7  Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract.

4. PAYMENTS BY THE CUSTOMER TO TEMP SUPPLY

4.1 On or before Commencement (or as otherwise specifically agreed with Temp Supply), the Customer will pay the Hire Charge.

4.2 Immediately on request by Temp Supply, the Customer will pay:

a)  the new list price of the Builder’s Temporary Power Poles which is for whatever reason not returned to Temp Supply;
b)  the full cost of repairing any damage to the Temporary Power Pole caused or contributed to by the Customer;
c)  all costs incurred by Temp Supply in delivering and recovering possession of the Equipment, if any;
d)Interest for late payment of amounts owing by the customer, at the pre-judgement interest rate set by the Magistrates’ Court of Victoria from time to time;
e) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by Temp Supply in enforcing this Contract due to the Customers default;
f) If any damage and/or theft waiver applies, the amount for which the Customers liable as set out in this Contract.

4.3  Without limiting the ability of Temp Supply to recover all amounts owing to it, the Customer authorises Temp Supply to charge any amounts owing by the Customer to any credit card or account details of which are provided to Temp Supply.

4.4  Temp Supply may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.

 5. PPS LAW

5.1 This clause applies to the extent that this Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation.

5.2 Temp Supply may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which Temp Supply requires for the purposes of:

a) ensuring that Temp Supply security interest is enforceable, perfected and otherwise effective under the PPS Law.
b) enabling Temp Supply to gain first priority (or any other priority agreed to by Temp Supply in writing) for its security interest.
c) enabling Temp Supply to exercise rights in connection with the security interest.

5.3 The rights of Temp Supply under this document are in addition to and not in substitution for Temp Supplys rights under other law (including the PPS Law) and Temp Supply may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it Temp Supply security interest will attach to proceeds.

6. EXCLUSION OF WARRANTIES AND LIABILITIES

 

6.1 Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.

6.2 Where the Australian Consumer Law applies and the goods are not of a kind ordinarily acquired for personal domestic or household use or consumption, Temp Supply liability in respect of any guarantee is limited to the replacement or repair of the goods, or the cost of having the goods repaired or replaced.

6.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. Temp Supply makes no representations and gives no gurantees other than those set out in these Hire Contract Conditions and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Temporary Power Pole by the Customer.

7. BREACH OF HIRE CONTRACT BY CUSTOMER

7.1 If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:

Temp Supply shall be entitled to:

a) terminate this Contract; and/or
b) sue for recovery of all monies owing by the Customer; and/or repossess the Equipment (and is authorized to enter any premises where the Temporary Power Pole is located), and any Damage and/or Theft Waiver referred to in clause 6 is immediately cancelled.
c) The Customer guarantees Temp Supply in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.

  1. DISPUTES

8.1   The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Temp Supply in writing within 7 days of the Hire Contract date. In the event that no communication is received from the Customer, within that 7-day period, the Hire Charges are deemed to be accepted by the Customer.

8.2 If a dispute arises relating to this Contract, the hiring or the use of the Temporary Power Pole (except in regard to payments due to Temp Supply), the parties agree to negotiate to settle the dispute with the assistance of a mediator before litigation.

PRIVACY

Temp Supply will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the Temp Supply Privacy Statement is available upon request or by visiting www.tempsupplyhire.com