1.0 DEFINITIONS
1.1 “Collateral Documents” means delivery dockets, Goods Order, quotations, invoices, guarantees or other documents which form or describe the subject matter of a contract entered into in accordance with this Hire Contract. It does not include any descriptions, illustrations and performances contained in catalogues, price lists and advertising material;
1.2. “Goods” means any items or equipment hired by the Hirer from Point Clouds Australia.
1.3. “Hire” means the total amount payable by the Hirer to Point Clouds Australia for the hire of the equipment
1.4. “Hire Contract” means the contract and forms part of, or any other written contract or agreement between Point Clouds Australia and the Hirer
1.5. “Hire End Date” means the date the Goods were Off Hired.
1.6. “Hire Period” means the period commencing on the Hire Start Date and ending on the Hire End Date;
1.7. “Hire Start Date” means the date specified in the Hire Contract as the date on which the Hire of the Goods commences, or if no date is specified, the date on which the Hirer takes delivery of the Goods from Point Clouds Australia
1.8. “Hirer” means the party specified on the Hire Contract and where the context requires, includes that party’s employees, agents or representatives
1.9. “Hirer’s Premises” means the premises owned or occupied by the Hirer at which the Goods will be safely and securely stored in accordance with these Terms and Conditions
1.10. “Terms and Conditions” means these terms and conditions
1.11. “ACMA” is the Australian Communications and Media Authority
2.0 ACKNOWLEDGEMENT
The Hirer acknowledges and agrees that these Hire Terms and Conditions form an integral part of all contracts and agreements involving the Hire of Goods from Point Clouds Australia to the Hirer unless Point Clouds Australia and the Hirer agree in writing to separate or varied Hire Terms and Conditions.
3.0 HIRE OF GOODS
3.1. Point Clouds Australia agrees to hire the Goods to the Hirer for the Hire Period on these Terms and Conditions.
3.2. The Hirer agrees to hire the Goods from Point Clouds Australia for the Hire Period on these Terms and Conditions.
4.0 PAYMENT OF HIRE
4.1 Payment of hire is to be made to Point Clouds Australia via PayPal using the form on this website.
5.0 EXTENSION OF HIRE PERIOD
5.1. The Hirer may extend the Hire Period under the same terms and conditions.
6.0 POINT CLOUDS AUSTRALIA LIABILITIES FOR GOODS HIRED
The Hirer acknowledges and agrees that:
6.1. THE HIRER HAS RELIED ON ITS OWN KNOWLEDGE AND EXPERTISE AS TO SUITABILITY FOR PURPOSE.
6.2. Point Clouds Australia gives no warranties or makes any claims as to the suitability of the Goods for any purpose. No previous supplies by Point Clouds Australia to the Hirer of any Goods is indicative that the Goods are of a particular quality or type or suitable or fit for a particular purpose.
7.0 HIRERS OBLIGATIONS
7.1. Keep and maintain the Goods in a first class condition.
7.2. Use the Goods as they would be used by a careful and prudent owner.
7.3. Not use the Goods for any illegal purpose.
7.4. Immediately report in writing should any damage, loss or theft occur to Goods hired from Point Clouds Australia.
7.5. Not sell, mortgage, pledge, sublet, lend, charge or otherwise deal with the Goods in a manner which is inconsistent with the Hire Contract.
7.6. Be responsible for theft or damage to goods and take out appropriate insurance, if necessary, whilst in their care.
7.7. Properly, safely and securely store the Goods when they are not being used in such a manner as to avoid damage, loss or theft.
7.8. Not alter, tamper with, or modify the Goods in any way.
8.0 RETENTION OF TITLE TO GOODS
The Hirer acknowledges and agrees that:
8.1. The Goods are the property of Point Clouds Australia at all times and has no legal claim to the Goods.
8.2. The Hirer further acknowledges that they only have temporary possession of the Goods under these terms and conditions.
9.0 REPOSSESSION OF GOODS
9.1. In addition to any other rights Point Clouds Australia retains the rights under the Hire Contract, to take all steps necessary to recover the Goods, including entering the Hirer’s remises to do so for the purpose of inspecting or recovering possession of the Goods. The Hirer hereby grants to Point Clouds Australia an irrevocable license to do so without liability for trespass or any resulting damage if the Hirer is in breach of the terms and conditions.
9.2. The Hirer acknowledges and agrees that clause 9.1 constitutes specific authority for Point Clouds Australia to enter the Hirer’s premises in the event of a dispute, mediation, arbitration or court proceeding with the Hirer.
9.3. The Hirer indemnifies Point Clouds Australia against any liability, loss, damage, cost, expense, action proceeding or demand incurred, suffered or made by Point Clouds Australia or a third party arising out of Point Clouds Australia exercising its rights under clause 9.1 and 9.2.
9.4. The Hirer acknowledges and agrees that Point Clouds Australia would not be deemed to be relinquishing any of its rights as a creditor when exercising any of its rights as owner of the Goods under this clause 9.
9.5. Point Clouds Australia does not relinquish any of its rights against the Hirer until all monies due and payable to it by the Hirer, whether under the Hire Contract or otherwise, are paid in full.
10.0 INDEMNITIES BY HIRER
10.1. The Hirer agrees to operate the Goods at its own risk.
10.2. The Hirer hereby indemnifies and holds harmless Point Clouds Australia from all liabilities, losses, damages, costs, expenses, actions, proceedings or demands arising out of or in relation to:
10.2.1. Damage to the Goods caused by the Hirer or any other person;
10.2.2. Any loss or damage to any property of the Hirer;
10.2.3. Any loss or damage to the property of any other person; or
10.2.4. The death of, or injury to, any person, resulting from the use of the Goods by the Hirer
10.2.5. To the full extent permitted by law, the Hirer hereby releases and discharges Point Clouds Australia and its employees, contractors and agents from:
10.2.6. All claims and demands on Point Clouds Australia; and
10.2.7. Any loss or damage caused by Point Clouds Australia or its employees, contractors or agents including financial, consequential or economic loss arising directly or indirectly from any cause.
10.3. The indemnities and assumptions of liability contained in this clause 10 will continue in full force and effect notwithstanding the expiration or termination of the Hire Contract .
11.0 TERMINATION
Point Clouds Australia may immediately terminate the Hire Contract to the Hirer and enforce clause 9 if the Hirer:
11.1. Commits a breach of any term of the Hire Contract or these Terms and Conditions.
11.2. Makes any false, inaccurate or misleading statement in relation to the making of the Hire Contract.
11.3. Ceases its current business or a material part of its current business, or threatens to do either of these things.
11.4. Threatens or resolves to wind itself up or to appoint an administrator or liquidator or gives notice of intent.
11.5. Has a receiver or manager appointed to it.
11.6. If placed under administration, liquidation or makes or proposes to make any arrangement with its creditors or becomes bankrupt.
11.7. Has a judgment debt entered against the Hirer for an amount exceeding $1,000.00 and this is not satisfied by the Hirer within fourteen ( 14) days.
12.0 IDENTIFICATION OF GOODS
12.1. Point Clouds Australia may affix on the Goods any plates, marks, logos or insignias indicating that the Goods are the property of Point Clouds Australia.
12.2. The Hirer agrees not to remove, deface or in any other way obstruct the visibility of the plates, marks, logos or insignias affixed by Point Clouds Australia on the Goods.
13.0 MATTERS BEYOND CONTROL OF POINT CLOUDS AUSTRALIA
Point Clouds Australia is not responsible to the Hirer in any way if it is unable to, or is delayed in performing its obligations under the Hire Contract, if that inability or delay arises directly or indirectly from the happening of any event not within the reasonable control of Point Clouds Australia.
14.0 ASSIGNMENT
The Hire Contract or any other contract or agreement between Point Clouds Australia and the Hirer cannot be assigned by the Hirer without Point Clouds Australia’ prior written consent.
15.0 RECOVERY OF COSTS
The Hirer indemnifies Point Clouds Australia from and against all costs, charges, damages and expenses (including legal fees on a full indemnity basis) incurred resulting from breaches in the Hire Contract or any other contract or agreement between the Hirer and Point Clouds Australia.
16.0 HIRER WARRANTY
16.1. The individual signing this Hire Contract or any other contract or agreement relating to the Hire of the Goods on the Hirer’s behalf warrants that they have the necessary authority to sign on behalf of the Hirer.
16.2. If the Hirer is a corporation, it warrants to Point Clouds Australia that the individual signing the Hire Contract or any other contract or agreement relating to the Hire of the Goods on the Hirer’s behalf has the necessary authority to sign on behalf of the Hirer.
17.0 GOVERNING LAW
The Hire Contract and these Hire Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland.
18.0 COSTS
18.1. Any fees incurred as a result of the Hire of the Goods shall be paid by the Hirer.
18.2. The Hirer shall pay any losses or expenses, including solicitor and own client legal costs, arising from the Hirer’s failure to comply with its obligations, including payment of all invoices. Such losses, expenses, damages, commissions, interest and costs may be recovered by Point Clouds Australia as a liquidated debt.
19.0 GOODS AND SERVICES TAX (GST)
19.1. Unless otherwise stated, all prices for services under this Agreement will exclude GST.
19.2. Point Clouds Australia agrees to issue the Hirer with a tax invoice in relation to taxable supplies made under the Hire Contract.
20.0 SECURITY INTEREST
20.1. The Hirer must not enter into any security agreement that allows any other person to have or to register a security interest in relation to the Goods.
21.0 TRUST
This Hire Contract binds the Hirer both personally and as trustee of any trusts of which the Hirer is trustee.
22.0 MISCELLANEOUS
22.1. The hirer is obliged to comply with all ACMA regulations and must not transmit on unauthorised frequencies.
22.2. The Hirer must notify Point Clouds Australia of any change in its structure or management, including any change of director, secretary, partnership, trusteeship and business address.
22.3. Where the Hirer comprises more persons than one, the provisions of this Hire Contract with respect to such party shall bind all of those persons severally and jointly in any claim arising out of a breach of this Hire Contract.
22.4. Any waiver by Point Clouds Australia of a default will not constitute a variation or waiver of any provision, condition or requirement of this Hire Contract, or other remedy available to Position Partners .
22.5. If any part of this Hire Contract are found to be invalid, illegal or unenforceable, such term or condition is to be severed, with the remainder of the Terms and Conditions remaining in full force and effect.