Brisbane
Furniture Hire & Furniture Rental
Quality furniture hire and electrical
appliance rentals
at Brisbane's best prices |
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1. Payment
of Security Deposit and Cost of Delivery
The customer agrees to pay to Castle Hire the Security Deposit
(if any) and Cost of Delivery set out in the Schedule, on or
before delivery of the Goods.
2. Payment of Rental and RLDL Fees (if any)
The Customer agrees to pay Castle Hire the monthly Rental Payments
(and if applicable RLDL fees - see clause 11) set out in
the Schedule each month in advance. The first such monthly Rental
Payments (and RLDL) fees is to be paid on or before delivery
of the Goods.
All subsequent Rental Payments (and if applicable RLDL fees)
are due and payable on the corresponding day of each succeeding
month ("the Payment Date") until the Goods are returned
to Castle Hire. Where any payment would fall on the 29th, 30th,or
31st day of a month which does not contain such a date, such
payment will be due on the last day of that month.
3. Late Payment Fee
The Customer agrees that if they do not pay the monthly Rental
Payment on or before a Payment Date, Castle Hire may charge
a Late Payment Fee of $5.50 (Including GST) by way of agreed
damages, to cover the administrative expensed caused by or in
connection with each payment. Such a fee is payable by the Customer
in addition to any rent then due and owing to Castle Hire.
4. Payment of Increased Stamp Duty and new Taxes
The rate of rental has been calculated to include any stamp
duty imposed at the current rate of duty. The Customer agrees
that they will pay in addition to the rent an amount equivalent
to any additional stamp duty paid or payable from time to time
by Castle Hire in respect of this Agreement or the hire transaction
above and beyond that presently applying. The Customer also
acknowledges and agrees that Castle Hire may vary the Rental
Payments at any time to reflect the introduction, or change
in and rate of any goods and services tax, consumption tax or
similar.
5. Title to Goods and Right to immediate Possession
The Customer hereby acknowledges Castle Hire's title to
the Goods and it's right to immediate possession of those
Goods upon termination of this Agreement or breach by the Customer
of this Agreement. Nothing in this Agreement shall be construed
as an offer by Castle Hire to sell the Goods to the Customer
or to grant an option to the Customer to purchase the Goods.
The Customer shall not create any charge, lien or security upon
the Goods. The Customer agrees to notify Castle Hire immediately
of any seizure or attempted seizure of the Goods.
6. Removal of Goods
The Customer agrees not to remove or allow anyone to remove
the Goods from the Premises where the Goods are to be kept,
as set out in the Schedule, without the permission in writing
of Castle Hire. Such permission will not be unreasonably withheld
in the case of relocation within a radius by road of 30 kilometres
and the place to which the Goods are moved will become the relevant
premises for the purposes of this Agreement.
7. Access to Premises to obtain Possession, Repair,
etc
The Customer agrees to provide Castle Hire or its agents or
employees reasonable access to the Premises where the Goods
are to be kept, at all times, for the purpose of inspection,
repair, adjustments or collection.
The Customer further agrees to:
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(a) |
Pay
the costs of any action that Castle Hire deems necessary
to obtain possession of the Goods; and |
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(b) |
Indemnify
Castle Hire for any claims made against Castle Hire in relation
to the exercise of the right of access. |
8. Care of the Goods
The Customer agrees to keep the Goods and deliver up the Goods
on termination in good order and condition, fair wear and tear
excepted, and in a clean and tidy condition.
9. Service of Electrically Operated Appliances
Castle Hire agrees to use its best endeavours to repair or replace
any electrically operated appliance hired under this agreement
which malfunctions, within three (3) days of the Customer notifying
Castle Hire of such malfunction. If Castle Hire fails to repair
or replace the appliance within three (3) days of notice being
given, the Customer shall not be liable for rental applicable
for the period in excess of three (3) days, until the appliance
is repaired or replaced.
In the event of a breakdown the Customer shall not repair or attempt
to repair the Goods without the consent of Castle Hire.
10. Loss or Damage to Goods
The Customer shall be responsible for any loss or damage to the
Goods from any cause whatsoever at all times during the Rental
Period and until the Goods have been returned to Castle Hire.
The Customer is required to notify Castle Hire of any loss or
damage to the Goods within 24 hours of such loss or damage occurring.
In the event of loss or damage the Customer will be liable to
pay to Castle Hire the cost of the repairs or the value of the
said Goods, as assessed by Castle Hire, whichever be the lesser
amount. The value of the Goods is not to exceed the retail price
of the said Goods at the commencement of the Rental Period. If
the Goods are lost or damaged the Customer shall pay rent until
restitution is made.
11. Reduced Loss or Damage Liability
Where Reduced Loss or Damage Liability fees have been charged
to the Customer, Castle Hire agrees upon prompt submission of
a written Police Report, to waive its right to claim for loss
or damage to the Goods caused by fire, theft, collision or accident,
providing that adequate precautions have been taken to safeguard
the Goods and the damage was not incurred due to a negligence
of the Customer. Such waiving of rights is subject to payment
by the Customer of the Reduced Limit of Liability applicable to
the Goods damaged, destroyed or lost, as set out in the attached
Schedule of RLDL fees and Reduced Liability Limits.
12. Early Termination by the Customer
The Customer may terminate the Agreement before the end of the
Rental Period by giving 30 days written notice and returning the
Goods to Castle Hire. If the Customer terminates the Agreement
prior to the end of the Rental Period, the Customer agrees to
pay any RLDL fees payable to the date of termination, plus:
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(a) |
In
the case of Goods which are commonly carried by Castle Hire,
rental for the period of actual possession or for a period
of 3 months (whichever is greater) at a rental rate adjusted
to the ruling rate of rental that would have applied had
the Rental Period been for the same period that the Customer
actually possessed the Goods:nd |
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(b) |
In the case
of Goods, which were bought by Castle Hire for the sole
purpose of this Agreement, the Customer shall pay rental
for the remainder of the Rental Period, discounted at the
rate of 11.5% to the date of termination. |
13. Termination by Castle Hire
If the Customer fails to comply with any of the terms or conditions
of this Agreement, Castle Hire may terminate the Agreement by
serving a notice of termination on the Customer. Such a notice
may be given to the Customer, left at the Premises where the Goods
are kept or posted to the Customer at their postal address.
14. Return of Goods to Castle Hire
Upon termination of this Agreement, the Customer must either return
the Goods to Castle Hire or arrange for Castle Hire to collect
the Goods as soon as possible.
15. Collection of Goods & Cost of Pick Up
On termination of this Agreement the Customer may require Castle
Hire to collect the Goods, in which case the Customer must notify
Castle Hire, in the case of a Rental Period of less than one (1)
month, by one (1) day's notice, and in the case of any other
Rental Period, by three (3) days. If the Goods are collected by
Castle Hire, then Castle Hire may deduct the cost of Pick Up set
out in the Schedule from the Security Deposit.
16. Continuation of Agreement
If at the end of the Rental Period:
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(a) |
The
Customer does not redeliver the Goods or notify Castle Hire
that they are available for collection; and |
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(b) |
Castle Hire
does not notify the Customer that it wishes to collect the
Goods. |
This Agreement will continue on a month-to-month basis.
17. Return of Deposit
Provided that the Customer has complied with all of the terms
and conditions of this Agreement, Castle Hire agrees to refund
the Security Deposit upon termination of the Agreement and return
of the Goods to Castle Hire. Castle Hire may at its sole discretion,
deduct from the Security Deposit refundable to the Customer any
Cost of Pick Up, cleaning or repair expenses, or any other monies
owing to Castle Hire.
18. Change of Employment or Residence
The Customer agrees to inform Castle Hire of any change in their
place of employment or residence within seven (7) days of such
change.
19. Variation of Rentals and RLDL Fees
Castle Hire reserves the right (subject to any legislation for
the time being in force) to increase the amount of Rental Payments
or RLDL fees payable by the Customer at any time after six (6)
months from the date of this Agreement. Such an increase will
be payable immediately on publication by or upon notice given
by Castle Hire in any manner whatsoever, provided nevertheless
that the Customer shall thereupon have the right to return the
Goods to Castle Hire and terminate this Agreement upon payment
of all Rental Payments and RLDL fees owing up to the date of redelivery
of the Goods to Castle Hire.
20 . Authority of person signing this Agreement
The person signing this agreement for and on behalf of the Customer
hereby covenants with Castle Hire that he or she has the authority
of the Customer to make this agreement on the Customer's
behalf and is empowered by the Customer to bind the Customer to
this agreement and hereby indemnifies Castle Hire against all
losses and cost incurred by Castle Hire arising out of the person
so signing this agreement failing to have such power and / or
authority.
21. Whole Agreement
The terms and conditions set out in the preceding pages constitute
the whole agreement made between the Customer and Castle Hire
and no officer, servant or agent of Castle Hire has any authority
to vary, add to or omit any of the terms or conditions hereof.
22. Warranties
Certain conditions and warranties may be implied into this Agreement
by the Trade Practices Act and State legislation and their conditions
and to be read subject to such legislation. However, Castle Hire
and the Customer agree that in the event of the Customer suffering
and loss, damage or claim howsoever arising as a result of hiring
the Goods, the liability of Castle Hire is limited to the repair
or replacement of the Goods and is not to include economic or
consequential damage of any nature whatsoever.
23. Severability
If any term or condition or any part of any term or condition
of this Agreement or the application thereof shall be or become
illegal, invalid or unenforceable, then the remaining terms and
conditions or any part of remaining term or condition shall not
be affected thereby.
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