These Terms and Conditions of Hire (“Terms”) apply to all equipment and services supplied by AZL Holdings Pty Ltd (“AZL”, “we”, “us”) to the Client.
1. The Agreement
1.1. Our Contract with You This Agreement, which consists of (a) our Quotation and (b) these Terms, forms the entire agreement between AZL and the Client for the hire of Equipment. It supersedes all prior negotiations and communications.
1.2. Inconsistency and Precedence To the extent of any inconsistency between these Terms and any terms or conditions contained in a Purchase Order or other document issued by the Client, these Terms will prevail.
1.3. Your Acceptance You are deemed to have accepted this Agreement, including the precedence of these Terms, by performing any of the following actions:
- (a) Signing and returning the Quotation;
- (b) Issuing a Purchase Order in response to the Quotation;
- (c) Accepting delivery of, or taking possession of, the Equipment; or
- (d) Instructing us to proceed with the supply of Equipment or services.
2. Definitions
- Agreement: Refers to our Quotation and these Terms.
- Client (“you”): The business or individual hiring the Equipment from us.
- Equipment: All items supplied by AZL, including all components required to form a complete system.
- Hire Period: The period from when the Equipment is delivered to your site until it is formally off-hired by AZL in writing.
- Key Unit: The main item used to calculate rental charges, as specified in the Quotation. All associated components are supplied with the Key Unit but must be returned in good condition.
- PO: A purchase order issued by you.
- Quotation: The commercial summary provided by AZL detailing the specific Equipment, pricing, and hire period.
3. Price and Payment
- Hire charges are calculated based on the Key Unit and hire duration, as stated in the Quotation.
- All prices are exclusive of GST unless stated otherwise. Invoices are issued monthly in arrears.
- Payment is strictly due within
30 days of the invoice date unless otherwise agreed in writing.
- Late payments will incur interest at a rate of
2.5% per month, compounding monthly. We reserve the right to suspend services or retrieve Equipment if your account is overdue.
4. Transport, Delivery, and Proof of Delivery
- The Client must provide a confirmed delivery date at least
3 business days in advance.
- The Client must ensure the delivery site is safe and accessible for our transport vehicles. Cancellations or rescheduling require at least
2 business days’ notice to avoid the full transport fee being charged.
- Proof of Delivery: Our delivery dockets, signed by any person present at the delivery site who appears to be an employee, agent, or contractor of the Client, will be considered conclusive evidence of the delivery of the Equipment listed. If no one is available to sign, the driver’s record of the date, time, and location of the delivery along with photo evidence will be deemed as proof of delivery.
- Client-Specific Requirements: If you require a specific person to sign for deliveries or have other unique delivery protocols, these must be communicated to AZL in writing and expressly agreed to by an authorised AZL manager in writing before the first delivery. In the absence of such a written agreement, our standard proof of delivery method shall apply and be binding.
5. Risk, Ownership, and Loss & Damage
- Risk Passes on Delivery: Full risk for the Equipment (including theft, loss, and damage) passes to you immediately upon delivery to your site. Risk remains with you until the Equipment is collected by us and formally off-hired in writing. You are responsible for the Equipment’s security at all times.
- Ownership Remains with AZL: All Equipment remains the sole property of AZL at all times. You must not sell, sub-hire, modify, or remove any ownership markings from the Equipment.
- Loss & Damage: You are liable for all loss or damage to the Equipment beyond normal wear and tear. Missing or damaged items will be charged at the replacement value as per our current Loss & Damage Schedule (see Attachment A on Quotation).
6. Off-Hire Process
- Hire charges continue until the Equipment is formally confirmed as “off-hired” by AZL in writing. A verbal notice or email request is not sufficient to stop charges.
- To off-hire Equipment, you must provide at least
3 business days’ written notice. The notice must include:
- A clear list of the specific items and quantities being returned.
- Clear, recent photographs of the Equipment stacked and ready for collection at the designated pickup location.
- Hire charges for the returned items will cease only after we have collected the items, verified the quantities, and issued a written off-hire confirmation to you.
7. General Terms
- Limitation of Liability: To the extent permitted by law, AZL’s liability is limited to the value of the hire charges paid by you. We are not liable for any indirect or consequential loss, such as project delays or downtime.
- Dispute Resolution: In the event of a dispute, both parties agree to first attempt to resolve it through good-faith negotiations.
- Governing Law: This Agreement is governed by the laws of New South Wales, Australia.
- These Terms apply to all hire agreements with us and will prevail over any other terms, whether oral or written. By accepting our Quotation or issuing a Purchase Order, you agree that any terms and conditions contained in your purchase order, other document, or verbal instruction do not apply and are excluded from this Agreement. The act of hiring Equipment from us constitutes your unconditional acceptance of these Terms, regardless of any conflicting terms in your own documentation.