Terms & Conditions

Hire by Consignment; The Consignee will, from time to time, place orders for the Products from the Consignor. The Consignor may, at its sole discretion, accept such orders and ship such Products on consignment to the Consignee, subject to and in accordance with the terms and conditions of this Agreement.  The Consignee shall take delivery and make payment as required hereunder for all  Products ordered by it, but nothing in this Agreement shall be deemed to obligate the Consignor to fill any or all of the Consignee’s orders for Products.

Ownership of Products; Title to, and property and ownership in, all Products shall remain with the Consignor until such time as their removal may be directed in writing by the Consignor or until such time as they may be disposed of by bona fide sale by or to the Consignee or as may otherwise be hereinafter provided.

Payment for Products; The Consignor shall invoice the Consignee for all Products shipped to the Consignee pursuant to the terms of this Agreement.  The Consignee shall, within thirty (30) days following the hire of any Product, pay to the Consignor the invoiced price of such Product plus   applicable taxes.  For the purposes of this Agreement, the Consignee shall be deemed to have sold a Product if such Product is (i) sold by the Consignee, (ii) removed, withdrawn, lost or stolen from the Consignee’s stock on hand, (iii) damaged or destroyed, or (iv) otherwise not physically present in the Consignee’s stock on hand.

Books and Records; The Consignee will at all times maintain accurate books and records relating to the possession and hire of the Products, the Consignor may, upon request, examine the Consignee’s records for any purpose consistent with the terms of this Agreement.

Risk of Loss; All risk of loss or damage in the Products shall pass to the Consignee upon shipment of the Products to the Consignee.  The Consignor will ensure all products are in proper working order upon delivery. The Consignee will ensure all products are returned in proper working order, free of  neglect, misuse or abuse of equipment.

Location of Products/Right to Inspect; Products will be kept at the address of the Consignee shown above or mutually agreed wards, and the Consignee will not permit any Products to   become kept or stored at any other location without the prior written consent of the Consignor. The Consignee shall, at all reasonable times, and from time to time, allow the Consignor and the Consignor’s agents to enter upon any premises upon which the Products are located and examine   or inspect the Products wherever located.

Removal of Products; The Consignor may, at any time, and for any reason whatsoever, take possession of and remove all or part of the Products with or without notice to the Consignee.  The Consignee hereby gives the Consignor the right to enter upon any premises upon which the Products are located in order to enforce the Consignor’s rights under this paragraph.

Condition of Products; The Consignee will keep the Products free from any lien, security interest or encumbrance adverse to the ownership interest of the Consignor, and shall maintain the Products in good condition and will not waste or destroy any of the Products or use the same in violation of any statute or ordinance.

Termination; This Agreement shall commence on the date upon which it is executed by both  parties.  Either party may terminate this Agreement at any time upon giving thirty (30) days prior written notice to the other; provided however, that such termination shall not affect any payment      obligation owing by the Consignee to the Consignor.  Upon termination of this Agreement, the  Consignee shall pay to the Consignor, in addition to all other amounts owing to the Consignor, the Invoiced price of all Products that are not returned to the Consignor undamaged in their original packaging.

Entirety of Agreement; The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this   Agreement.  There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein.  No change can be made to this Agreement other than in writing and signed by both parties.

Governing Law; This Agreement shall be construed and enforced according to the laws of the State of Victoria and any dispute under this Agreement must be brought in this venue and no other.