Terms and Conditions of Dulux Equipment Hire Agreement
Dulux, as owner of the Equipment, has agreed to hire the Equipment to the Customer on the terms and conditions contained in this Agreement;
Dulux, as owner of the Equipment, has agreed to hire the Equipment to the Customer on the terms and conditions contained in this Agreement;
1 In consideration of the Customer paying Dulux the Total Hire Cost, Dulux agrees to hire the Equipment to the Customer for the Number Days Hire in accordance with the terms of this Agreement.
2 The Customer will be charged the Total Hire Cost for the hire of Equipment for the full Hire Period. Customer must continue to pay the Daily Hire Rate and other charges after the Hire To
Time and Date if the Customer has not returned the Equipment to Dulux by the expected Hire To Time and Date. This obligation survives termination of the Hire Agreement.
3 The Customer must arrange for the collection of Equipment from the Dulux Trade Centre Hiring the Equipment and return the Equipment in good working order to the Hiring Dulux Trade
Centre, at the Customer’s sole cost.
4 Prior to accepting delivery of the Equipment from Dulux, the Customer must inspect the Equipment.
5 The Customer acknowledges and agrees that:
(a) it has inspected the Equipment and is satisfied that the Equipment is in good repair and in safe working order and is fit for its intended purpose;
(b) it is aware of the proper use for which the Equipment is designed and is satisfied that it is suitable for the purposes required; and
(c) it is satisfied with the instructions given in the proper and safe manner of using the Equipment and is familiar with its proper and safe use.
1 The Customer must:
(a) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions and direction provided by
Dulux
(b) not affix any sign, advertisement or other marks on the Equipment
(c) pay the cost of repairing or replacing the Equipment (and any removable parts) if it is damaged or lost whilst at the Customer’s premises or under the Customer’s control.
Equipment components (for example, spray tip guards, spray unit filters) not returned with the Equipment will be payable by the Customer at Dulux’s Listed Prices
(d) immediately notify Dulux of any accident involving its Equipment
(e) return the Equipment to Dulux before the Return Date
(f) return the Equipment to Dulux clean and in good working condition.
(g) if the Equipment is returned to Dulux damaged, or in otherwise poor working condition, the full cost of cleaning and/or repairing the Equipment to return it to service will be
payable by the Customer at Dulux’s Listed Prices
(h) ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any
such person is not so authorised
(i) ensure that all persons operating the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully
licensed
(j) conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its
operation
(k) Operate the Equipment with an adequate power source;
(l) report and provide full details to Dulux of any accident or damage to the Equipment within 2 business days of the accident or damage occurring.
2 The Customer must not:
(a) Tamper with, damage or repair the Equipment
(b) Lose or part with possession of the Equipment
(c) Rely upon any representation relating to the Equipment or its operation other than those contained in this Agreement.
1 The Customer is responsible for all risk of loss, theft, damage or destruction of the Equipment.
2 The Customer warrants that it has appropriate insurance to cover this risk and will provide a certificate of currency if requested by Dulux.
3 Subject to rights and remedies under any applicable law, the Customer uses the Equipment at its own risk, and acknowledges that no condition, warranty or representation is given by
Dulux in relation to the condition or suitability of the Equipment.
4 Dulux will have no liability for any loss or damage suffered by the Customer as a result of its use or misuse of the Equipment and excludes and limits its liability to the maximum extent
permitted by law.
5 The Customer will protect the Equipment against distress, execution or seizure and will not allow any lien to be created upon the Equipment. The Customer will indemnify Dulux against
all losses, damages and expenses incurred as a result of the Customer’s breach of this Agreement.
6 Dulux is under no obligation to replace or repair any Equipment in the event of a failure.
1 The Equipment will at all times remain the property of Dulux and the Customer will not have any right, property or interest in or to the Equipment.
2 The Customer will not assign or transfer its rights or obligations under this Agreement without the prior written consent of Dulux.
1 Dulux may immediately terminate the Agreement upon the following events: (a) if the Customer is in breach of this Agreement; or (b) if the Customer, threatens to become insolvent or
becomes subject to any form of receivership, administration or winding up proceedings; (c) if there is any change of control of the Customer.
2 On termination of this Agreement, the Customer must at its cost return the Equipment to Dulux.
3 If the Customer fails to return the Equipment as required by Clause 5.2, Dulux may retake possession of the Equipment and Dulux’s costs in doing so will be a debt owed by the
Customer to Dulux. The Customer grants Dulux a license to enter onto the Customer’s premises for the purposes of Dulux exercising its rights under this clause.
4 The expiration or termination of this Agreement does not affect any right that has accrued to a party before the expiration or termination date.
1 (Entire Agreement) This Agreement contains the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings
between the parties in connection with it.
2 (Amendment) No amendment or variation of this Agreement is valid or binding on a party unless made in writing executed by all parties.
3 (Signage) Dulux may affix any sign or other marks on the Equipment indicating that the Equipment is the property of Dulux and the Customer will not obliterate, deface or cover up that
sign or mark.
4 (No Waiver) No failure to exercise or delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not
preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
5 (Governing Law) This Agreement is governed by the laws of Victoria, Australia. Each party submits to the jurisdiction of courts exercising jurisdiction there in connection with matters
concerning this Agreement.