THE STYLE REFORM - HIRE AGREEMENT
These terms and conditions are between F.A Becker & M.E Saville t/a The Style Reform ABN 67 940 693 739 (we, us or our) and you, the person, organisation or entity requesting the hire of the Goods (you or your), together the Parties and each a Party. These terms and conditions form the entire agreement under which we will lease the Goods to you (together, the Agreement).
1.1 You have requested to hire the Goods, and accept this Agreement by:
(a) accepting this Agreement online or sending an email accepting this Agreement (expressly or impliedly); or
(b) instructing us to proceed with the lease of the Goods or making any payment of the Hire Fee.
1.2 We may, at our absolute discretion, accept or reject any request to hire the Goods for whatever reason.
1.3 Please read this Agreement carefully and contact us if you have any questions.
2. HIRE OF GOODS
2.1 We agree to lease the Goods to you for the Hire Period, and in accordance with this Agreement.
2.2 You acknowledge and agree that any dates for delivery (if applicable) are estimates only, and we will have no Liability to you for failing to meet any delivery date.
3. HIRE FEE AND PAYMENT
3.1 You agree to pay us the Hire Fee, and any other amounts due and payable under this Agreement, in accordance with the Payment Terms. All amounts are stated in Australian dollars and are exclusive of GST (unless otherwise stated).
3.2 Unless otherwise agreed between the Parties, any Bond must be paid before we commence the lease of the Goods.
3.3 If any amounts are unpaid 7 days after the payment date, we may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum (calculated daily and compounding monthly) or we may immediately cease leasing the Goods and enter any premises where the Goods are located, and recover or repossess the Goods (and you agree to provide any access to any premises (free from harm or risk to health or safety), items and consents required to enable us to do so).
4. YOUR OBLIGATIONS AND WARRANTIES
4.1 You represent, warrant, acknowledge and agree that:
(a) there are no legal restrictions preventing you from engaging us, or agreeing to this Agreement;
(b) you have not relied on any representations or warranties made by us in relation to the Goods (including as to whether the Goods are or will be fit or suitable for your particular purposes), unless expressly stipulated in this Agreement;
(c) you will cooperate with us, and provide us with all documentation, information, instructions and access necessary to enable us to provide the Goods, as requested by us, from time to time, and in a timely manner;
(d) the information you provide to us is true, correct and complete; and
(e) you will keep the Goods under your custody and control at all times, and you will not sublease, rent, sell, or otherwise transfer the Goods to any other person.
4.2 You agree that the Bond (if applicable) will be used as a security by us throughout the Term for the performance of any of your obligations, and satisfaction of any of your liabilities, under this Agreement.
Condition of Goods
4.3 You are responsible for determining whether the Goods will be suitable, fit for purpose, and in compliance with their description.
4.4 Unless you notify us in writing within 24 hours of the Commencement Date, demonstrating that the Goods do not comply with any description detailing the condition of the Goods (Original Condition Description), you agree that the Goods have been delivered in good condition, clean, free from damage or defect, fit for purpose and in accordance with this Agreement (Original Condition).
4.5 If you provide us with a notice under clause 4.4, you may agree to accept the Goods in the condition provided, which will then be deemed to be the Original Condition.
Return of Goods
4.6 You agree to return the Goods to us in the Original Condition, at the return location and by the time (as notified by us to you), or sooner, if requested by us on reasonable grounds (or as otherwise provided under this Agreement).
4.7 You agree that if the Goods are not returned to us by the time notified by us to you, we may charge you the Late Fee.
4.8 Goods may be returned within 24 hours due to incorrect sizing or change of mind, provided that the Goods are unworn, in their Original Condition and with tags intact. If Goods are returned within 24 hours, we agree to provide you a store credit of the value of the Goods less any delivery charges.
Loss or Damage to Goods
4.9 During the Term, you agree to:
(a) protect and keep the Goods in the Original Condition, subject to any fair wear or tear; and
(b) prevent the Goods from being subject to any loss, theft, damage, vandalism or destruction and notify us immediately if the Goods are stolen, lost, destroyed or damaged.
4.10 You agree that you are responsible for the costs of any repairs or replacement of the Goods that are necessary as a result of loss, theft, damage, vandalism, misuse or neglect to the Goods during the Term. Where we undertake the repairs or replacement on your behalf, you agree to pay us the costs of the repairs or replacement, as a debt due and immediately payable. Without limiting our rights under this clause 4.4, you agree:
(a) if the Goods are not returned within 14 days from the end of the Hire Period, we may charge your credit card the recommended retail price of the Goods or draw on the Bond in accordance with clause 4.2; and
(b) that we may cover minor damage and soiling of the Goods up to the value of $100.
5. TITLE AND RISK
5.1 We will use reasonable endeavours to deliver the Goods to the address nominated by you, by the delivery time (as notified by us to you). You agree that:
the Goods are deemed delivered on the date you sign the delivery receipt for the Goods;
we will use the fastest shipping method (being express delivery); and
the delivery costs set out on our website includes the provision of a pre-paid return delivery satchel.
5.2 Risk in the Goods will pass to you once the Goods are in your custody or control. You will be solely responsible for the Goods until they are returned to us and are in our full custody and control.
5.3 Title in the Goods will remain with us, and you take the Goods as a bare bailee only.
6. SECURITY INTEREST
You agree that this Agreement and your obligations under this Agreement create a registrable security interest in favour of us, and you consent to the security interest (and any other registrable interest created in connection with this Agreement) being registered on any relevant securities register (and you must do all things to enable us to do so).
7. LIABILITY, INDEMNITY AND EXCLUSIONS
7.1 Australian Consumer Law
(a) Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Goods which cannot be excluded, restricted or modified (Statutory Rights). Nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL.
(b) You agree that our Liability for the Goods is governed solely by the ACL and this Agreement.
(c) Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Goods) are provided to you without warranties, representations and guarantees of any kind.
7.2 Exclusions: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly):
(a) acts or omissions of you or your Personnel (including any works, goods or services provided by you or your Personnel);
(b) any use or application of the Goods by a person or entity other than you, or other than as reasonably contemplated by this Agreement;
(c) your (or your Personnel’s) breach of this Agreement or any law; and
(d) any event outside of our reasonable control.
7.3 Limitations: Despite anything to the contrary, to the maximum extent permitted by law:
(a) we will not be liable for Consequential Loss; and
(b) our maximum aggregate Liability in relation to the lease of the Goods or this Agreement will be limited to us resupplying the Goods to you or, in our sole discretion, to us repaying you the amount of the Hire Fee paid by you to us in respect of the lease of the Goods to which the Liability relates.
7.4 Indemnity: Despite anything to the contrary, to the maximum extent permitted by law, you are liable for and agree to indemnify us and hold us harmless, in respect of any Liability that we may suffer, incur or are otherwise liable for as a result of, or in connection with:
(a) any loss (including theft) of, or damage to, the Goods during the Term;
(b) any failure to return the Goods in accordance with this Agreement (including returning the Goods in their Original Condition); and
(c) breach of this Agreement or any laws by you or your Personnel.
8.1 This Agreement will apply for the Term, unless terminated earlier in accordance with its terms.
8.2 You may cancel this Agreement no less than 7 days prior to the Commencement Date. If you cancel this Agreement, we agree to provide you a store credit of the same value of the Goods.
8.3 Either Party may terminate this Agreement if the other Party breaches a material term of this Agreement, and that breach has not been remedied within 10 business days of being notified by the relevant Party.
8.4 Except if you cancel this Agreement under clause 8.2 (where this clause 8.4 will not apply), on termination or expiry of this Agreement:
(a) we will cease leasing the Goods to you;
(b) you agree to provide us (and our Personnel) with unfettered access to any premises where the Goods are located, free from harm or risk to health or safety, to allow us to immediately recover or repossess the Goods: and
(c) you are to pay for any Hire Fee due and payable prior to termination, and all other amounts due and payable under this Agreement.
8.5 The accrued rights, obligations and remedies of the Parties are not affected by termination of this Agreement.
9.1 Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the law society of the State to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
9.2 Governing law: This Agreement is governed by the laws of the State. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in the State and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
9.3 GST: If and when applicable, GST payable on the Hire Fee will be set out in our invoice. You agree to pay the GST amount at the same time as you pay the Hire Fee.
9.4 Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
9.5 Online Execution: This Agreement may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service.
9.6 Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.
9.7 Survival: Clauses 3, 5, 6, 7 and 8 will survive the termination or expiry of this Agreement.
10. INTERPRETATION & DEFINITIONS
10.1 In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in this Agreement and:
Bond means as set out on our website (if applicable).
Commencement Date means the date you sign the delivery receipt for the Goods.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Goods means the goods set out in your request for the goods on our website.
Hire Fee means as calculated in accordance with the hire fees set out on our website as of the date of your request.
Hire Period means the period commencing on the Commencement Date and continuing for (4) OR (8) days thereafter.
Late Fee means $25 (incl GST) for every day (excluding Sundays and public holidays) after the last day of the Hire Period that the Goods are not returned.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Payment Terms means the terms set out on our website.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.
State means New South Wales.
Term means the period commencing on date this Agreement is accepted in accordance with its terms and continuing until the Goods are returned to us in accordance with this Agreement.