Terms and Conditions

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TERMS AND CONDITIONS FOR HIRE AND FOR SALES INCLUDING SPECIAL CONDITIONS

1. Leased Portable Buildings P/L & or Leased Portable Buildings NSW P/L is hereinafter referred to as “the Owner” and the customer is hereinafter referred to as the “Lessee”.

2. All orders are subject to the Owner’s approval with respect to the credit of the Lessee.

(a) It is hereby expressly agreed that the title to the goods herby sold shall not pass to the buyer unless and until the seller has received:-

(I) the full purchase price,

(II) additional charges if any including interest, delivery and handling costs, and

(III) Full payment of any and all amounts owing by the buyer to the seller on any account whatsoever.

Pending full payment the buyer shall hold the goods as bailee for the seller.

The buyer shall be responsible for any and all costs of handling, carriage, shipping and freight.

3. Orders are accepted on condition that the Owner shall not be liable for any loss, damage, detention or delay resulting from causes beyond its reasonable control, such as fire, flood, strike, riots, government or military authority or delays in transportation affecting the Owner’s operations and the operation of the Owner’s suppliers. Neither will claims for contingent liability nor consequential damage be accepted by the Owner arising directly or indirectly out of the supplying of the equipment whether on guarantees or otherwise howsoever. The Owner will not accept any responsibility, expense or liability for repairs or alterations to equipment or for damages resulting from improper storage or handling prior to placing equipment in service.

4. If the equipment furnished by the Owner to the Lessee has been manufactured by the Owner from drawings, designs and other specifications furnished by the Lessee, then the owner will not be liable for any defects in the equipment or parts thereof arising from said drawings, design or specification.

5. No alterations or additions to equipment ordered shall be made except by mutual agreement produced in writing and acknowledged by signatures by or on behalf of both parties.

6. In the event that the Lessee should cancel or defer shipment of the equipment ordered by the Lessee, then the Lessee shall indemnify and save harmless the Owner from any and all loss which the Owner may suffer by reason or such cancellation or deferment as aforesaid.

7. Claims covering shortages or damage in transit shall be made in writing by the Lessee to the Owner within Ten (10) days of receipt of shipment of such equipment.

8. Acceptance of the within invoice by the Lessee shall be deemed to be an offer by the Lessee to the Owner to lease the said equipment in accordance with the quotation and subject to the terms and conditions herein and in the invoice which shall be binding upon the Lessee and the Owner and shall constitute the entire agreement between the owner and the Lessee with respect to the lease of the said equipment. Acceptance of the Lessee’s offer by the Owner may be communicated to the Lessee by letter, fax or email

9. (a) The lease shall be for the term and at the rental stated in the invoice The term shall (unless otherwise expressly agreed) commence on the day on which the goods are first available for delivery (whether to the Lessee or to a carrier for transport to the Lessee) at the Owner’s premises and finish when the goods have been collected after being off hired by letter, fax or email .If the Lessee wishes to off hire by phone it will be the Lessee’s responsibility to obtain a off hire number to cover the call, this number will be recorded at the owners office against a date. 3 working days notice needed for off hires.

(b) Rental shall be Paid within 30 days as per the statement sent each month and shall be a proportionate part of the monthly instalment, and if the term does not expire on the last day of the calendar month the final payment shall also be a proportionate part of the monthly instalment, pro rated in each case on the basis of a thirty day month; and further that for the purpose of calculation and payment of rent the term of the hiring shall, notwithstanding that the stated term may have expired or that this agreement may have been determined in accordance with any of the provisions hereof, be deemed to continue until the day on which the goods are returned to the Owner’s said premises, and the rent shall continue to be payable until that day, subject however to the provisions of paragraph (f) hereof.

(c) The Lessee will keep the said equipment in its own custody and control, in good and substantial repair and condition (reasonable wear and tear excepted) and will not move the said equipment from the location stipulated herein without previous consent in writing of the Owner first had and obtained; and will permit the Owner at all reasonable times to have access to the said equipment and to inspect the condition thereof and the Lessee will repair according to notice (reasonable wear and tear excepted).

(d) The Lessee will duly and punctually pay all rent, rates, taxes, charges, licenses, tariffs, tolls and impositions of every nature and kind whatsoever incurred and which may be payable in respect to the transportation, possession or use of the said equipment or in respect of the lands on which the said equipment shall from time to time be situated and shall produce all receipts for such payment to the Owner on demand and will protect the said equipment against distress, execution or seizure and indemnify the Owner against all losses, costs, charges, demands or expenses incurred by the Lessee by reason of or in respect of any distress, execution, seizure or failure of the Lessee by reason of or in respect of any distress, execution, seizure or failure of the Lessee to make payments as herein required. Nor shall the Owner be in any way obliged to ascertain, obtain and/or advise the Lessee on any requirements of any jurisdiction in which the equipment is to be transported in, used by or in possession of the Lessee.

(e) The Lessee during the currency of this agreement will insure and keep insured the said equipment and every part thereof by insurance in the names of the Lessee and of the Owner with loss payable to the Owner without recourse to the Owner for the full replacement value thereof against loss or damage from fire, flood, lightning, explosion, windstorm, hail, riot, smoke damage or risk from whatever cause arising. The insurance policy shall contain a provision whereby the insurer waives any rights of subrogation which the insurer may have against the owner through the Lessee or otherwise. Premiums for such insurance shall be paid by the Lessee All such insurance shall be carried in a Company or Companies reasonably satisfactory to the Owner.

(f) If the said equipment shall be damaged or destroyed by fire or any other cause, all monies received or receivable with respect to such insurance as aforesaid, shall forthwith be received by the Owner and in the event that the damage shall render the said equipment unfit for use by the Lessee this lease shall at the election of the Owner be terminated on Five (5) days written notice directed to the Lessee and the Lessee shall pay to the Owner such rentals as may be due and in the event that no insurance monies are payable for any reason whatsoever, the Lessee shall upon demand pay to the Owner an amount equal to the replacement value of the said equipment. In the event that the Owner does not elect to terminate this lease, by reason of the destruction or partial destruction of the said equipment, then the Lessee shall replace the said equipment with the same or similar equipment (but not of lesser quality) within Thirty (30) days from the date of such destruction and there shall be no abatement of rent whatsoever.

(g) The Lessee covenants that it will maintain and keep in force during the currency of this agreement, public liability and property damage insurance in a sum not less than Ten Million($10, 000,000) Dollars without recourse to the Owner, in such insurance company or companies reasonably satisfactory to the Owner and the Lessee shall deposit with the Owner the insurance policy or policies (or other evidence of such insurance acceptable to the Owner). The insurance policy or policies shall contain an endorsement whereby the insurer waives any right of subrogation that the insurer may have against the Owner through the Lessee or otherwise.

(h) The Lessee shall indemnify and save harmless the Owner from any and all liabilities, damages, costs, claims, suits or action arising out of:-

(i) any damage to the said equipment occasioned by the use and occupation of the said equipment;

any injury to person or persons, including death or for damage to property of others resulting at any time therefrom or occurring in or about the said equipment;

any injury to person or persons, including death, or damage to property of others occasioned during the transporting of the equipment by the Lessee, it’s employees or agents.

(i) The Lessee will not during the continuance of this lease, sell, mortgage, pledge, sub-let, lend or otherwise deal with the said equipment or with the benefit of this lease, or do, or cause, or permit to be done, any act or thing which might prejudice the Owner’s right to the said equipment.

(j) The Owner shall be at liberty, but not compellable, to pay the rent, rates and taxes and other outgoings of the premises where the said equipment may from time to time be set up or stored during the currency hereof, and the premium for insurance and any other debts or claims relating to the said equipment for which the Lessee may be or may be alleged to be liable, and all sums so paid shall be immediately recoverable by the Owner from the Lessee and shall, until payment, bear interest at the rate of 10% per annum.

(k) If the rent for the said equipment shall not be paid at the time and in the manner aforesaid, the Lessee shall pay to the Owner interest on the arrears at the rate of Ten (10%) percent per annum until the time of payment, or up to and until the Owner shall retake or receive possession pursuant to the terms of this lease, whichever of such time shall first arrive and all costs and expenses incurred by the Owner obtaining payment of such arrears or of the sums required to be

paid by the Lessee pursuant to the terms of lease, or in obtaining possession and whether or not any action or suit shall have been instituted shall be recoverable from the Lessee in addition, and without prejudice, to the Owner’s right to damages for a breach of this lease.

(l) If the Lessee shall make default in punctual payment of the monies required to be paid pursuant to the provisions of this lease or any renewal or any extension thereof, or if a Sequestration Order in Bankruptcy shall be made against the Lessee, or if the Lessee shall call a meeting of the Lessee’s creditors, or if the Lessee shall execute any assignment for the benefit of or compound with the Lessee’s creditors, or if the Lessee (it being a limited company), shall enter into liquidation (not being a voluntary liquidation only for the purpose of reconstruction with the consent of the Owner) or if the Lessee shall fail to observe and perform the terms and conditions of this lease on the Lessee’s part to be observed and performed, or if the Lessee shall do or cause to be done or permit or suffer any act or thing whereby the Owner’s rights in the said equipment may be prejudiced or put in jeopardy, the Owner may, without any notice, determine this agreement, and it shall thereupon be lawful for the owner to retake possession of the said equipment and for that purpose to enter into or upon any premises where the same may be, and the determination of the lease under this clause shall not affect the right of the Owner to recover from the Lessee any monies due to the Owner under this lease, or damages for breach thereof; provided always that the Lessee shall indemnify and save harmless the Owner from any claims, causes of action, which may arise by reason of the Owner retaking possession of the said equipment.

(m) In the event the Owner determines this lease pursuant to the provisions of the preceding paragraph (h) hereof, the Lessee shall pay as liquidated damages, to the Owner, an amount equal to the unpaid rent for the balance of the said term or any renewal thereof.

(n) The Lessee agrees that the said equipment is a chattel and if placed on lands owned by the Lessee, shall not be deemed to be a fixture and if placed on lands other than those owned by the Lessee, the Lessee shall secure from the owner of such lands and deliver to the Owner an undertaking that the said equipment shall not be deemed a fixture and may be removed at any time without notice.

(o) The Lessee will not make or suffer to be made any alterations to the said equipment without the written consent of the Owner first had and obtained.

(p) The Owner may affix or cause to be affixed on the said equipment or any part or parts thereof, such plates or other marks indicating that the said equipment is the property of the Owner, as the Owner may think fit, and the Lessee shall allow such plates or mark to remain as affixed, and will not obliterate, deface or cover up the same, and the Owner shall at all reasonable times have access to the said equipment for the purpose of affixing such plates or marks and keeping the same in repair. The Lessee shall not, without the consent in writing first had and obtained from the Owner, place any advertisement on the said equipment.

(q) The Owner guarantees all the equipment of its own manufacture and agrees to repair or replace without charge f.o.b. its plant any part or parts of the said equipment which may prove defective in workmanship or material within One (1) year after delivery has been made. The Lessee shall notify the Company in writing of such defect and will deliver the defective part to the Owner’s plant if so requested by the Owner. The Owner will not be responsible for repairs, attempted repairs or alterations made without the Owner’s written consent. Equipment and accessories purchased by the Owner and becoming part of the said equipment shall be subject only to the guarantee given by the original manufacturer except as above stated, no warranty condition description or representation on the part of the Owner is given or is to be implied, and all statutory or other warranties, conditions, descriptions or representations, express or implied, as to the state, quality or fitness of the goods subject of this agreement are hereby expressly excluded.

(r) The Lessee shall be responsible for all tyre and wheel damage and damage to undercarriage resulting from transport over rough roads or rough terrain and will pay to the Owner in addition to the rent herein provided, the cost of repairs thereto.

(s) Upon the expiration of this lease or any extensions thereof, or upon termination of this lease for any cause whatsoever, the Lessee shall at its expense return the said equipment to the Owner in good condition and repair (reasonable wear and tear excepted) and in a clean and sanitary condition and in the event that the equipment requires repairing (reasonable wear and tear excepted) or cleaning, the lessee shall pay to the Owner the cost of such repairs and cleaning at rates applicable to the area where said work will be performed, with replacement parts at normal retail prices.

(t) Lessee does hereby consent to the assignment by Owner of monies payable to it under this Agreement provided that no such assignment shall be come effective as to the Lessee until the Lessee has received written notice thereof.

(u) Any time or other indulgences granted by the Owner to the Lessee shall not affect the strict rights of the Owner under this lease.

(v) There are no agreements, understandings or stipulations relevant to any invoice that are not contained herein, provided however, that in the event of any term or condition expressed in the invoice herein, being contrary or conflicting with the terms and conditions herein, then the terms and conditions herein shall be deemed to be varied accordingly.

(w) This lease is and shall be binding upon the heirs and successors and assigns of the respective parties hereto.

(x) The lease shall be deemed to have been made in the State, Territory or other place within which the Registered Office of the Owner appearing on this invoice form is situated, and shall be governed by the law or such State, Territory or other place. The Courts of such State, Territory, or other place shall have jurisdiction in all matters arising out of this lease, and the Lessee agrees to submit to the jurisdiction of such Courts accordingly. and be heard at the courts where the owner applies to.

(I) This contract shall and is hereby deemed to have been entered into in Camden NSW. Disputes arising hereunder shall be determined according to the law of New South Wales and shall litigated in the Local Court at Camden, the District Court at Campbelltown or the Supreme Court at Sydney as appropriate.

No variation or amendment to this contract shall be effective unless made in writing and signed by the parties hereto.

(y) No verbal agreements have been made between the owner and the Lessee except what is stated on the invoice.

(z) If all payments are not made within 30 days, a further charge of 1% of the hire rate will be applicable per month for every month until payment is made.

Special Conditions to Portable Buildings

1. Unless expressly stated otherwise, the minimum period of hire is 12 weeks and minimum hire charges may apply. A cancellation fee of 20% of the Hire Charges will apply if delivery is cancelled under 24 hours from the delivery date;

The Customer must, at its cost:

1. a. Ensure a clear, level, defined, all-weather and accessible site;
2. b. Arrange connection of all required services including power, gas, telephone and data, water, sewer and storm-water;
3. c. Obtain all necessary approvals and clearances from councils and other statutory authorities;
4. d. Comply with all relevant and applicable building laws, codes, standards and practices;
5. e. ensure the building is secured with adequate “tie-downs” in accordance with the Australian Specifications and any engineered certified hold down systems (44 gallon drums are not sufficient nor necessarily compliant);
6. f. Provide 24 hour access for servicing of any toilets; and
7. g. Pay for any additional works, extras or variations to the Hire Agreement.

2. Once delivered to the Customer’s Premises, the Customer must:

a. Arrange for tagging and testing once delivered to its Premises;

b. Regularly maintain the air-conditioning units and clean or replace the filters every 2 weeks (or in accordance with manufacturer’s instructions) & replace any light globes that may fail during the hire period

c. Keep obstacles clear of air-conditioning units so as they can operate correctly

d. Unless expressly stated otherwise, the Customer must ensure air-conditioners are removed from walls if the Airconditioner exceeds the wide load limits or installed on delivery for the same circumstances

3. On returning, other equipment needs to be packed securely for transport upon return to Leased Portable Buildings NSW PTY Limited’s Premises.

4. The Customer acknowledges compliance with this special condition may result in additional cost for the Customer and the Customer agrees to inform itself of all costs of complying with this special condition.

5. Unless expressly stated otherwise, Leased Portable Buildings NSW PTY Limited does not warranty any design specifications for the installation of any portable buildings and does not warrant the accuracy or otherwise of any design specifications. The Customer acknowledges and agrees that it is responsible for ensuring the accuracy and otherwise of any design specifications provided by Leased Portable Buildings NSW PTY Limited.

RECOVERY OF HIRE EQUIPMENT

6. If Leased Portable Buildings NSW PTY Limited has terminated the Hire Agreement with the Customer pursuant to clause 17, Leased Portable Buildings NSW PTY Limited may take all steps necessary (including legal action) to recover the Hire Equipment, including entering any site occupied by the Customer without prior notice to the Customer.

7. Disputes: In the event there is a dispute between the parties to this Hire Agreement or the Customer wishes to make a Claim, the Customer must notify Leased Portable Buildings NSW PTY Limited in writing (to the Branch from which the Equipment was hired) of the reasons for the dispute or details of the Claim (including reference to any invoice) within 7 Business Day from the date the Claim or dispute arose (or date of invoice).

a. The Customer acknowledges and agrees that failure to comply with the time frame for notification of any Claim or dispute will mean the Customer is barred from raising any Claims or dispute with Leased Portable Buildings NSW PTY Limited after that time period has passed.

b. Within 14 Business Day of notification of any dispute or Claim, representatives of both parties shall meet to endeavour to resolve the Claim or dispute.

c. If the Claim or dispute cannot be resolved, the chief executive officers of each party shall confer within 14 days of any meeting referred to in clause

d. To endeavour to resolve the Claim or dispute.

e. If the parties fail to resolve the Claim or dispute pursuant to this clause, and prior to commencing proceedings, the Claim or dispute must first be referred to arbitration and subject to the Institute of Arbitrators and Mediators Australia for the Conduct of Commercial Arbitration.

8. Terms & Conditions

These Terms & Conditions are the binding document covering Delivery dockets & Rental Agreements even if not signed for whatever reason.

9. Previous Editions: This edition of the Standard Terms and Conditions of Hire replaces and supersedes all previously issued terms and conditions of hire by Leased Portable Buildings NSW PTY Limited.

From time to time these Terms & Conditions are updated, it is up to the Lessee to keep up to date with them, they will be displayed on our web page www.sydneyportables.com or follow this link http://www.sydneyportables.com/terms-and-conditions

10. Security Deposit

Leased Portable Buildings NSW PTY Limited will retain the deposit as security for the due performance by the Hirer of its obligations under the Hiring Agreement. The Leased Portable Buildings NSW PTY Limited may at any time apply any part of the deposit towards any monies due by, or claimed from, the Hirer. At The end of the Hire the Leased Portable Buildings NSW PTY LTD will return the deposit paid less any expenses or rental unpaid.

11. Sydney City Charges

The City of Sydney have developed charges for transport company’s needing special permits for wide loads etc, within their CBD or trucks needing to pass through their CBD, if this charge is applicable then we reserve the right to pass on such charges, even without prior notice.

12. Retention of title in Equipment

i. Notwithstanding anything to the contrary, and whether or not the Hirer has possession of the Equipment, title in the Equipment remains with the Owner. Neither legal nor equitable title in the Equipment passes to the Hirer.

ii. The Hirer must hold the Equipment as fiduciary agent for the Owner;

1. iii. Must store, mark, and keep appropriate records for the Equipment so that the Equipment can at all times be identified as the property of the Owner;
2. iv. Must not sell, part with possession, nor encumber, the Equipment;
3. v. Must not mix the Equipment with other equipment owned by the Hirer; and
4. vi. Grants the Owner the irrevocable right (with or without force) at any time to enter the Hirer’s premises, and any other premises where the Equipment may be located; and
5. vii. Permits the Owner at any time to:

repossess and use the Equipment, without prejudice to any other rights of the Owner; and

1. viii. Terminate the Hirer’s right to use the Equipment.

PPS Act

13. Clauses 14- 50 apply to the extent that this Hiring Agreement provides for a Security Interest for the purposes of the PPS Act.

14. If the Owner does not have registration ensuring a perfected first priority Security Interest in the Equipment, the hiring period (including any extension of the hiring period or the aggregate of consecutive hiring periods during which the Hirer has substantially uninterrupted possession) may not, despite anything else in this Hiring Agreement be longer than:-

(a) 90 days in the case of Equipment which may or must be described by serial number in a PPS Act registration; or

(b) 1 year in any other case.

38. The Owner may register its Security Interest as a purchase money security interest. The Hirer must do everything (including obtaining consents and signing documents) which the Owner requires for the purposes of:-

(a) ensuring that the Owner’s Security Interest is enforceable, perfected and otherwise effective under PPS Act;

(b) Enabling the Owner to gain first priority (or any other priority agreed to be the Owner in writing) for its Security Interest; and

(c) Enabling the Owner to exercise rights in connection with the Security Interest.

15. The Owner may recover from the Hirer the cost of doing anything under clause 13 including registration fees.

16. The rights of the Owner under this Hiring Agreement are in addition to and not in substitution for the Owner’s rights under other law (including PPS Act). The Owner may choose whether to exercise rights under this Hiring Agreement, or under other law, as the Owner deems fit.

17. To the extent that chapter 4 PPS Act applies to the Security Interest under this Hiring Agreement, sections 95, 96, 121(4), 125, 129(2), 129(3), 130, 132(3)(d),132(4), 135. 142 and 143 PPS Act do not apply and, for the purposes of section 115 PPS Act are contracted out of this Hiring Agreement in respect of all Equipment to which that section can be applied.

18. In addition to the rights conferred on the Owner by sections 123, 126, 128, 129, and 134(1) PPS Act, the Owner may, if there is default by the Hirer, seize, purchase, take possession or apparent possession, retain, deal with or dispose of any Equipment under those sections and also, as additional and independent rights, under this Hiring Agreement. The Owner may do so in any manner it deems fit, including by private or public sale, lease or licence. 43. The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 PPS Act.

19. Each of the Owner and the Hirer must not disclose information of the kind that can be requested under section 275(1) PPS Act. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) PPS Act continues to apply. The confidentiality agreement in this clause is made solely for the purposes of allowing the Owner the benefit of section 275(6)(a) PPS Act. The Owner is not liable to pay damages or any other compensation nor be subject to injunction if the Owner breaches this clause.

20. The Hirer must not create, purport to create nor permit to be created any Security Interest in the Equipment other than with the Owner’s prior written consent.

21. The Hirer must not lease, hire, bail or part with possession (“sub-hire”) of the Equipment to anyone else without the Owner’s prior written consent.

22. The Hirer may not vary a sub-hire without the Owner’s prior written consent.

23. The Hirer must ensure that the Owner is provided at all times with up-to-date information about the sub-hire, including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire, and the location and condition of the Equipment.

24. The Hirer must at its sole cost take all steps (including registration under PPS Act) as may be required to:-

(a) Ensure that any Security Interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under PPS Act;

(b) Enabling the Hirer to gain (subject always to the rights of the Owner) first priority (or any other priority agreed to by the Owner in writing) for the Security Interest; and

(c) Enabling the Owner and the Hirer to exercise their respective rights in connection with the Security Interest.

25. The Owner may recover from the Hirer the cost of doing anything under clauses 45 – 50, including registration fees.

Delivery & storage

26. The Equipment must be collected by the Hirer, or delivered to the Hirer at the delivery address agreed to by the Owner.

27. Risk in the Equipment passes to the Hirer upon delivery to

i. the Hirer; or

ii. the Hirer’s agent.

28. If the Hirer uses a carrier, the Hirer bears (and indemnifies the Owner against) all costs, losses and liabilities arising from the transportation of the Equipment from the time the Owner delivers the Equipment to the Hirer’s carrier.

29. If delivery is delayed because of the Hirer’s instructions, or lack of instructions, the Owner may in its unfettered discretion store the Equipment for the Hirer. The Hirer must pay to the Owner all storage charges, and cartage charges.

30. Notice by the Owner to the Hirer that the Equipment has been stored constitutes delivery of the Equipment to the Hirer.

31. Our support piers or support structures are not foundations & no responsibility is taken for unstable soils or existing unseen underground pipes, however all care is taken on the installation of our buildings.

Inductions. Waiting time & any delays on site will be charged extra.

Trucks entering the customer’s property do so at the customer’s responsibility, if a vehicle gets damaged or bogged all costs & charges will be charged to the customer.

32. It is the customers responsibility for any maintenance outside the Sydney metro area.