1.     DEFINITIONS

1.1  Supplier shall refer to Shieling Nominees Pty Ltd trading as Temporary Fencing Warehouse Hire & Sales from here on in.

1.2  Hirer shall refer to the “hirer” entering into the contract will be referred to as the “hirer” from here on in.

1.3  By hiring from Shieling Nominees Pty Ltd trading as Temporary Fencing Warehouse Hire & Sales you agree to all the terms and conditions specified in this document (Terms and Conditions).

1.4  The Hirer enters into a contract and agrees and accepts the Terms and Conditions from the date they make a booking with the Supplier.

1.5  Any person signing any document on behalf of Hirer in respect of the hire of the Equipment warrants that they:

a) have the Hirer’s authority to contract with the Company on the Hirer’s behalf; and

b) have been authorised by the Hirer to bind the Hirer to hire the Equipment on the terms set out in the Agreement, and agrees to indemnify the Company against all losses, costs and claims incurred by the Company if this is not the case.

2.  CHANGES TO TERMS AND CONDITIONS

2.1  The Supplier may amend these Terms and Conditions at any time by:
a) publishing the amendments on its website; or
b) otherwise notifying the Hirer.

3.  PAYMENT AND SERVICES

3.1  The Supplier will invoice the Customer immediately for the hire of the Fencing for the Minimum Hire Period as set out in Quotation / Invoice.

3.2  All invoices will be sent to the Billing Address advised on quotation / Invoice.

3.3  No fencing shall be delivered or left on site without payment.

3.4  Payment can be made by Credit Card,or Eftpos in advance or by Cash on Delivery.

3.5  The Supplier reserves all rights to remove all temporary fencing and associated components from any site where monies are outstanding for more than 7 days.

3.6  In circumstances outlined in clause 3.5 above, removal may occur without notice, as such, all remaining hire by the Hirer will be forfeited.

3.7  The Supplier will arrange delivery of the Equipment to the Site and will install the Equipment as far as possible in accordance with the Hirer’s sketch plan or verbal directions. The Hirer acknowledges that the Company may need to alter the position of the Equipment to accommodate services to the Site or other obstacles.

3.8  Hirer must at all times ensure that the Equipment is used in a safe manner.

3.9  No warranty is provided by the Supplier for the equipment’s fitness for any particular use. At no time does Supplier guarantee that our fencing products will restrict vandalism or unauthorised access to a site.

3.10  The Supplier will endeavour to deliver on the delivery date specified by hirer where possible. If for unforeseen circumstances delivery cannot be achieved on that date the Hirer will be advised as to the nearest possible date for delivery.

3.11  The Hirer assumes correct handling procedures for all Temporary fencing products and OH&S policies and does not hold the Supplier responsible for any injury caused to themselves or others whilst using the equipment.

3.12  The Supplier accepts no responsibility for any loss or damage, as a result of any movement of, or alteration to, the Fencing after the initial installation by the Supplier.

3.13  Hirer agrees to defend, indemnify, assume liability for and hold Supplier harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including but not limited to Death or serious injury to any person during the hire period, legal fees and court costs, arising out of or resulting from the use of the Equipment, regardless of the basis and agrees to accept liability for any and all claims from a third party.

3.14  The Supplier may, if necessary, remove any vegetation or tree branches that may impede installation.

3.15  Hirer may request the Supplier to install additional Equipment or to remove part of the Equipment before the expiration of the Hire Period, subject to payment of the extra charges to be determined by the Supplier.

3.16  If the Hirer is delayed from delivering or removing the Equipment from any site for any reason beyond its reasonable control, it may charge the Hirer additional delivery charges.

3.17  Additional delivery charges will be based on the duration of the delay and will be calculated at $25 for every 15minutes or part thereof.

3.18  No refunds will apply in the event that the Equipment is returned/collected at the Hirer’s request prior to the expiration date of any Hire Period.

3.19  Hire is not transferable. The equipment remains the property of the Supplier at all times. The Hirer may not transfer this contract to another party without written consent of Supplier.

3.20  Some of the images and product descriptions on the Temporary Fencing Warehouse website are for demonstration purposes only and may differ slightly from the actual product.

3.21  If the Equipment is returned or collected in a condition which in the reasonable opinion the Supplier renders it unusable for hire, or if the Equipment is stolen or missing, the Hirer must pay the Supplier on demand the cost. Other than for the cost of replacing the Equipment, the Hirer will be liable for all costs, expenses, damages and loss (including consequential loss), incurred by the Supplier. Damaged Equipment will be left on site for disposal by the Hirer.

3.22  The Hirer is responsible for any stolen, missing or damaged fencing and associated components while on hire to it.

3.23  The Hirer must inspect fencing and associated components and notify Supplier at the time of delivery if there is any equipment missing or damaged.

3.24  Replacement cost for stolen, missing or damaged fencing and associated components will be charged at the same retail cost prices as listed on our website www.temporaryfencingwarehouse.com.au.

3.25  By providing your credit card details the Hirer agrees to the costs being charged as outlined in clause 3.24 above.

3.26  The Hirer must not move any of the hired products from the site it has been delivered to without written consent of the Supplier.

3.27  Cancelled bookings up to two days before scheduled installation will incur a 50% cancellation fee of the total price of the invoice, and 100% if cancelled within two days of scheduled installation.

3.28  By providing your credit card details, you give us permission to charge the card for any cancelled bookings.

3.29  If the Hirer’s Credit card details are changed throughout the Hire Agreement, the Hirer must notify the Supplier the new details of the credit card, and authorise the Supplier to debit any monies from the credit card.

3.30  It is the Hirer’s responsibility to advise the Supplier when the hired products are to be collected at the end of the Hire agreement. Failure to do so will incur extra charges at the rate of $8.95 (inclusive of G.S.T) per linear meter, per month for each subsequent month regardless of the days used in the following month or months. This fee will be charged by the Supplier on or after the first day of each month exceeding the Hire agreement on the credit card provided by the Hirer.

3.31  To avoid extra charges as outlined in clause 3.30 above, the Hirer must advise the supplier when the hired products are to be collected at the end of the hire agreement.