Terms and Conditions
TERMS AND CONDITIONS OF TRADE — THE TOOL STORE GROUP PTY LTD
ABN 94 105 188 887
1.1 The hirer described overleaf (“the hirer”) agrees to take on hire from The Tool Store Group Pty Ltd (“the owner”) the items of
equipment shown overleaf (“the equipment”).
USE OF EQUIPMENT
2.1 The hirer shall at all times use the equipment in a skilful and proper manner and shall at his own expense service clean and maintain
the equipment in good and substantial repair and condition fair wear and tear excepted. The hirer shall supply all power fuel and
lubricants necessary for the operation service and maintenance of the equipment.
2.2 The hirer has not relied on the skill or judgment of or any representation made by or on behalf of the owner in respect of the
equipment, its performance or its suitability for the purposes of the hirer.
2.3 The Owner where the Equipment is motor vehicle, will arrange comprehensive motor vehicle insurance,. that insurance will not
cover the hirer for the following :
(a) If the driver is under 21.
(b) If the driver is over 25, damage to the owner's vehicle (damage caused by the driver of the hirer) of up to $2,500.
(c) If the driver is above 21 but under 25, damage to the owner's Vehicle (damage caused by the driver of the hirer) of up to
The hirer will, (at the commencement of the agreement), provide a credit card imprint to the owner, and provide the owner
with a non cancellable authority to debit from the credit card, liability for the amount set out in (a), (b) and (c) above.
3.1 On completion of the hiring the equipment must be properly cleaned by the hirer failing which the hirer will pay the owner for
cleaning the cost of which may be deducted from the deposit and any balance shall be paid by the hirer to the owner forthwith on
demand by the owner.
4.1 The hirer will pay to the owner for the use of the equipment charges as shown overleaf.
4.2 The following additional costs are payable by the hirer:
(i) all freight and other charges whether incurred by the owner or the hirer in respect of the delivery and return of the equipment;
(ii) any Goods & Services Tax, stamp duty and any other taxes, fees or other government levies or changes which may be
imposed with respect to this agreement, the goods or the services but excluding any income tax payable by the owner on
its own income;
(iii) any additional costs incurred by the owner for or on behalf of the hirer in fulfilling this agreement.
LOSS OR DAMAGE TO EQUIPMENT
5.1 The hirer is responsible for any loss of or damage to the equipment for any reason whatsoever fair wear and tear excepted. Any
amount payable by the hirer pursuant to this paragraph may be deducted from the deposit and any balance shall be paid by the
hirer to the owner forthwith upon demand by the owner.
5.2 Responsibility of the hirer for damage or loss shall cease only on receipt of a Return Docket issued by the owner or his assigned
employee confirming return of equipment in good order and condition.
5.3 The hirer shall ensure his accredited representative is present on return of the equipment to acknowledge registration of damage
incurred during use by the hirer.
DAMAGE TO PROPERTY OR PERSON
6.1 The hirer is responsible for any loss of or damage to property or person caused by the equipment or arising out of any use thereof
for any reason whatsoever during the period of hire or any period thereafter prior to the return of the equipment to the owner and
the hirer shall indemnify the owner in respect of all claims damages and expenses in relation thereto.
PERIOD OF HIRE
7.1 The period of hire shall commence from the commencement date and time as shown overleaf which shall be either the date and
time at which the equipment is collected by the hirer from the owner’s premises or the date and time at which the equipment leaves
the owner’s premises for delivery to the hirer as the case may be.
7.2 The period of hire shall continue until the equipment is returned to the owner’s premises provided that if the hirer notifies the owner
that the equipment is available for collection and obtains from the owner an “off-hire” number then the period of hire shall end
when the hirer is given that “off hire” number. It shall be the responsibility of the hirer to ensure that the equipment is returned to
7.3 During the period of hire, the hirer will safely secure all items loaded in or on the motor vehicle or equipment
7.4 During the period of hire, the hirer will not allow any person (where equipment is motor vehicle) to drive if:
(a) The driver does not hold a current drivers licence for the hired class of vehicle
(b) The driver is effected by drugs or with more than the legally prescribed level of blood alcohol content
(c) The driver has been refused motor vehicle insurance
8.1 Notwithstanding anything herein contained hiring charges at the rates specified overleaf shall commence from the commencement
of the period of hire and shall continue until the completion of the period of hire defined herein or until the expiration of the
minimum period of hire specified overleaf whichever is the later.
8.2 The owner may deduct all or part of any outstanding hiring charges from the deposit.
8.3 The hirer must pay all tolls, fines, penalties and Kilometre charges in respect of this Hire Agreement
8.4 The Hirer is responsible for any kilometre charge (where equipment is Motor Vehicle) should the hirer exceed the 50 kilometres
per day allowance.
8.5 The hirer must return all motor vehicles with a full tank of petrol/diesel or pay the owner the cost of refuelling the same
9.1 If there is a breakdown or failure of the equipment the hirer shall return the equipment to the owner’s premise forthwith and on no
account repair or attempt to repair the equipment without the prior consent of the owner. If there is a breakdown or failure is
caused by fair wear and tear then period of hire shall be determined upon such return of the equipment to the owner.
11.1 If under any law any terms conditions or warranties which apply to the supply of equipment or services pursuant to this agreement
cannot legally be excluded restricted or modified, then these conditions and warranties apply to the extent required by that law.
11.2 Except as stated in the agreement all terms, conditions and warranties which would otherwise be implied are excluded.
11.3 To the extent permitted by law the owner’s sole liability for any breach of any term condition or warranty is limited:
(i) in the case of equipment to any one of the following as determined by the owner in its absolute discretion the replacement
of the equipment or the supply of equivalent equipment, the repair of the equipment, the payment of the cost of replacing
the equipment or of acquiring the equivalent equipment and the payment of the cost of having the equipment repaired.
(ii) In the case of services to any one of the following as determined by the owner in its absolute discretion the supplying of
services again and the payment of the cost of having the services supplied again.
11.4 The hirer does not rely on any representation, warranty or other provision made by or on behalf of the owner which is not expressly
repeated in this agreement
12.1 The owner shall not be liable for any damage, economic loss or loss of profits whether direct, indirect, general, special or
consequential arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the
negligence of the owner its servants or agents apart from liability (if any) described in this agreement as limited by this agreement.
13.1 It is agreed notwithstanding anything to the contrary herein contained that the owner shall not be liable or deemed to be in default
for any delay or failure in performance under this agreement resulting directly or indirectly from causes beyond its reasonable
control such as, but not limited to, Acts of God civil or military authority, acts of public enemy, war, riot, civil disturbance,
insurrection, accident, fire, explosion, earthquake, flood, the elements, strike, labour dispute, shortage of suitable parts, materials,
labour or restrictions and inability to obtain import and export licences and the owner shall have the right to elect at anytime during
such delay to terminate this agreement.
14.1 The owner may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default forthwith
terminate this agreement and repossess the equipment in any of the following events:
(i) if the hirer fails to pay any hiring charges within seven (7) days of the due dates;
(ii) if the hirer does or permits any act or thing whereby the owner’s rights in the equipment may be prejudiced;
(iii) if the hirer becomes insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a
hirer be in a limited company if an order is made or a resolution passed for the winding up of such company;
(iv) if the hirer breaches this agreement.
14.2 For the purposes of repossessing or determining the state and condition of the equipment the owner may enter into or upon any
premises where the equipment may be found without prejudice to the rights of the owner to recover from the hirer any monies
due hereunder or any damages for breach hereof and the hirer indemnifies the owner in respect of any claims, damages or
expenses arising out of any action taken under this clause.
15.1 This agreement may not be transferred or assigned to any other party without the consent of the owner.
15.2 The person signing this document for and on behalf of the hirer warrants to the owner that he or she has the authority of the hirer
to enter into this agreement on the hirer’s behalf and is empowered by the hirer to bind the hirer to this agreement and indemnifies
the owner against all losses arising from any breach of this warranty.
15.3 The granting of time or any other indulgence shall not affect the strict rights of the owner hereunder.
15.4 The hirer shall not assert or exercise any right of set off against monies payable by it to the owner under this agreement in respect
of any claims which the hirer may have against the owner under this agreement
15.5 If the provisions (or part thereof) contained herein is found to be invalid illegal or unenforceable for any reason this agreement
shall remain otherwise in force and effect apart from such provision which shall be deemed to be deleted.
REQUEST FOR CREDIT NOTE
16.1 Requests for a Credit Note will only be recognized if drawn to the owners attention within 30 days.
TERMS OF PAYMENT
17.1 The extension of credit to the Hirer shall be the absolute discretion of The Tool Store Group Pty Ltd at all times but subject thereto
and unless otherwise stated the terms of payment shall be in strict accordance with our Trading Terms. If an account remains
unpaid for more than 30 days the hirer shall be liable to pay the owner interest on the balance, at the rate set from time to time
under Section 94 of the Supreme Court Act per annum and calculated daily. Should it be necessary to take legal action to recover
any outstanding monies all due costs and charges incurred will be payable by the hirer and recoverable from the hirer.
1. In these conditions:
“The Tool Store” means The Tool Store Group Pty Ltd which is the owner of the goods.
“Buyer” means the buyer of the goods specified overleaf.
“Goods” means the products and, if any, services specified overleaf.
Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting
or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which
by law cannot be excluded, restricted or modified.
2. These conditions (which shall only be waived in writing signed by The Tool Store) prevail over all conditions of the buyer’s order
to the extent of any inconsistency.
3. Any performance figures given by The Tool Store are estimates only. The Tool Store is under no liability for damages for failure of
the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised
tolerances applicable to such figures.
4. (1) The delivery times made known to the buyer are estimates only and The Tool Store is not be liable for late delivery or
(2) The Tool Store is not liable for any loss, damage or delay occasioned to the buyer or its customers arising from late or
non-delivery of the goods.
Loss or damage in transit
5. The Tool Store is not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods in transit
caused by any event of any kind by any person (whether or not The Tool Store is legally responsible for the person who caused or
contributed to that loss or damage).
6. (1) The Tool Store’s liability for repairs is limited to making good any defects by repairing the defects or at The Tool Store’s
option by replacement, within a period not exceeding twelve (12) calendar months after the goods have been dispatched
so long as:
(a) defects have arisen solely from faulty materials or workmanship;
(b) the goods have not received maltreatment, inattention or interference;
(c) the seals of any kind on the goods remain unbroken; and
(d) the defective parts are promptly returned free of cost to The Tool Store.
(2) In respect of goods sold by The Tool Store the guarantee of the manufacturer of those goods is accepted by the buyer and
is the only guarantee given to the buyer in respect of the goods. The Tool Store agrees to assign to the buyer on request
made by the buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to The Tool
Store under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement
(3) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or
general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design,
assembly, installation, materials or workmanship or otherwise are expressly excluded. The Tool Store is not liable for
physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout,
assembly, installation or operation of the goods or arising out of The Tool Store’s negligence or in any way whatsoever.
7. The Tool Store’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other
than s 69) is limited to:
(1) in the case of goods, any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) the payment of the cost of having the goods repaired; or
(2) in the case of services:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.3
8. (1) Unless otherwise stated all prices quoted by vendor are net, exclusive of Goods and Services Tax (GST).
(2) Prices quoted are those ruling at the date of issue of quotation. If The Tool Store makes any alterations to the price of the
goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for
the buyer’s account.
9. The purchase price in relation to goods is payable net and payment of the price of the goods must be made on or before the thirtieth
day of the month next following the delivery of the goods unless other terms of payment are expressly stated in these conditions
Dishonour of cheque
10. If any cheque issued by the buyer or by any third party in payment for goods is dishonoured:
(1) The Tool Store may refuse to supply any further goods (whether or not The Tool Store is to make any further deliveries of
the goods), until satisfactory payment is received in full; and
(2) The Tool Store is entitled to treat the dishonour of the buyer’s cheque as a repudiation of this agreement and to elect
between terminating this agreement or affirming this agreement, and in each case, claiming and recovering compensation
for loss or damage suffered from the buyer.
Rights in relation to goods
11. The Tool Store reserves the following rights in relation to the goods until all accounts owed by the buyer to The Tool Store are fully
(1) ownership of the goods;
(2) to enter the buyer’s premises (or the premises of any associated company or agent where the goods are located) without
liability for trespass or any resulting damage and retake possession of the goods; and
(3) to keep or resell any goods repossessed pursuant to (2) above;
If the goods are resold, or products manufactured using the goods are sold, by the buyer, the buyer shall hold such part
of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods
sold in a separate identifiable account as the beneficial property of The Tool Store and shall pay such amount to The Tool
Store upon request. Notwithstanding the provisions above The Tool Store shall be entitled to maintain an action against the
buyer for the purchase price and the risk of the goods shall pass to the buyer upon delivery.
12. Any property of the buyer under The Tool Store’s possession, custody or control is completely at the buyer’s risk as regards loss
or damage caused to the property or by it.
13. (1) The Tool Store reserves the right to make a reasonable charge for storage if goods left for service are not collected within
fourteen days of a request by The Tool Store for collection.
(2) In the event that goods left for repair are not collected within six (6) months of lodgement, the goods shall be treated as
abandoned and ownership shall pass to The Tool Store absolutely without any claim for compensation by former owner.
14. (1) The Tool Store is not be under any duty to accept goods returned by the buyer and will do so only on terms to be agreed
in writing in each individual case.
(2) If The Tool Store agrees to accept returned goods from the buyer, the buyer must return the goods to The Tool Store at The
Tool Store’s place of business referred to at the head of these conditions.
15. All goods to be supplied by The Tool Store to the buyer are as described on the purchase order agreed by The Tool Store and the
buyer and the description on such purchase order modified as so agreed prevails over all other descriptions including any
specification or enquiry of the buyer.
Place of contract
16. (1) The contract for sale of the goods is made in the state or territory of Australia from which this document is issued.
(2) The parties submit all disputes arising between them to the courts of such state or territory and any court competent to
hear appeals from those courts of first instance.