Quality Portables at Affordable Prices

Interpretation of Words in this Agreement;

COMMENCEMENT - The time of delivery of the Equipment on the Hirer’s property.
EQUIPMENT - The portable showers, toilets and all accessories.
OWNER - All Area Portable Shower and Toilet Hire
HIRER - You the customer
CONTRACT - This document

1. AGREEMENT

AGREEMENT The conditions set out below shall apply and are incorporated into any Contract for the hire of goods (“Equipment”) between All Area Portable Toilet and Shower Hire (“the Owner”) and the person hiring the equipment (“Hirer”). These hire conditions are subject to change by All Area Portable Toilet and Shower Hire without notice from time to time.

2. DELIVERY AND REMOVAL

• The Hirer authorises the Owner to bring the Owner’s vehicle onto the place where the Equipment is to be used or is located to deliver and/or remove the equipment, either on the expiry of the hire period or on the breach by the Hirer of any term in these Conditions. The Hirer indemnifies the Owner against any cost, claim, damage, expense or liability suffered or incurred by the Owner whether arising directly or indirectly from the Owner’s actions under this clause.
• The Hirer must make any requests for removal/pick up by telephone to the Owner at completion of the hire period.

3.OBLIGATION of the HIRER

The Hirer must;

• Use the Equipment in a skilful and proper manner, for the purposes and within the capacity for which it was designed;
• Use the Equipment at the address provided on the booking form provided by the Hirer.
• persons and property in relation the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment.
  The Hirer must, before use;
• Satisfy themselves that the equipment is in good repair and in safe working order.
• Be aware of the proper use of which the equipment is designed for and is satisfied that it is suitable for the purpose required.
• Satisfy themselves with the instructions given and the proper and safe manner of using the equipment and are familiar with its proper and safe use.
  The Hirer is responsible for;
• Any loss or damage to the Equipment from the time the Owner delivers it to site, until the Owner picks it up.
• In the case of damage caused to the Equipment, however caused, the Hirer shall be responsible for and shall indemnify the Owner for the full costs of all repairs to restore the Equipment to the condition it was in at the time of hire.
• In the case of loss or irreparable damage to the Equipment however caused, the Hirer shall be responsible for and shall indemnify the Owner for the full cost to the Owner of replacing the Equipment. The cost of the replacement shall be no less than the management book value of the Equipment.
  The Hirer must NOT;
• Tamper with or damage the Equipment.
• Lose or part with possession of the Equipment.
• Rely upon any representation relating to the Equipment or it’s operation other than those contained in this Contract.
• Attempt to repair the Equipment in event of failure.

4. PAYMENTS AND DEFAULT INTEREST

• The Hirer will be required to pay a deposit of $100 to secure a booking.
• This will be payable before Commencement through cash or our mobile EFTPOS facilities.
• For collection of extended hires past the booking form agreed time at least 24 hours must be given and orders must be placed with a staff member. Message on any answering machine, text message or email will not be considered.
• On collection of the Equipment in good order and condition, the actual total charges will be calculated and the Hirer will pay the difference between the deposit and the actual total charge within 5 days.
• Immediately on request by the Owner, the Hirer will pay;
  • A late payment fee calculated daily at 10% per month on all amounts owing by the Hirer not paid on time.
  • Any expenses and legal costs (including commission payable to a commercial agent) incurred by the Owner in enforcing this contract.
  • Any cost occurring from loss or damage to the Equipment arising out of burglary, theft, misuse, abuse, willful and/or malicious acts, negligent or reckless use.

6. LIMITATION OF LIABILITY

• The Owner shall in no circumstance be liable for any loss sustained by the Hirer.
• The Hirer cannot recover from the Owner compensation for any damages (including for consequential loss) arising in respect of this Contract or the hiring or the use of the Equipment.

7. ACCIDENT

The Hirer will immediately notify the Owner of any accident involving its Equipment.

9. CANCELLATION of HIRES

• Cancellation of orders must be placed with a staff member. Message on any answering machine, text message or email will not be considered.
• All cancellations must be in working hours, Monday to Saturday 9.00am to 5.00pm, excluding public holidays.
• Orders must be cancelled at least 48 hours prior to hire on the working day.
• Cancellations on a Sunday or inside the 48 hours prior to the hire will be charged in full.
• The Owner may waiver the cancellation cost if it sees fit and has not incurred any cost.
• Cancellations greater than a 48 hour period to the hire will be issued with a full refund subject to orders less then $300. Orders greater than this amount may be charged handling costs. These costs are determined by the amount of work completed. Costs are charged out at a rate of $66 per hour or part thereof.

10. PRIVACY

The Owner will comply with the National Privacy Principles in all dealings with the Hirer.

11. GOVERNING LAW

This Hire Contract is a payment claim under the Building and Construction Industry Security of Payment Act 2009 SA. The Owner and the Hirer agree that this Contract is governed by the law of the State of South Australia, and the parties submit to the jurisdiction of the courts of that state.