Terms & Conditions of Trade

HARDCASE CONTAINER HIRE LIMITED

1. DEFINITIONS

1.1 “Hardcase Container Hire Ltd” shall mean Hardcase Container Hire Limited, or any agents or employees thereof.

1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Hardcase Container Hire Ltd.

1.3 “Services” shall mean all services, goods, products and advice provided by Hardcase Container Hire Ltd to the Customer and shall include without limitation the hire and sale of storage containers and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Services by Hardcase Container Hire Ltd to the Customer.

1.4 “Price” shall mean the cost of the Services as agreed between Hardcase Container Hire Ltd and the Customer and includes all disbursements eg charges Hardcase Container Hire Ltd pay to others on the Customer’s behalf subject to clause 4 of this contract.

2. ACCEPTANCE

2.1 Any instructions received by Hardcase Container Hire Ltd from the Customer for the supply of Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.

3. COLLECTION AND USE OF INFORMATION

3.1 The Customer authorises Hardcase Container Hire Ltd to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Services provided by Hardcase Container Hire Ltd to any other party.

3.2 The Customer authorises Hardcase Container Hire Ltd to disclose any information obtained to any person for the purposes set out in clause 3.1.

3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

4 PRICE

4.1 Where no price is stated in writing or agreed to orally the Services shall be deemed to be sold at the current amount as such Services are sold by Hardcase Container Hire Ltd at the time of the contract.

4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Services that is beyond the control of Hardcase Container Hire Ltd between the date of the contract and delivery of the Services.

5 PAYMENT

5.1 Payment for Services shall be made in full on or before the 20th day of the month following the date of the invoice (“the due date”).

5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.

5.3 Any expenses, disbursements and legal costs incurred by Hardcase Container Hire Ltd in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.

5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.

6 DISPUTES

6.1 No claim relating to Services will be considered unless made within seven (7) days of delivery.

7 LIABILITY

7.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Hardcase Container Hire Ltd which cannot by law (or which can only to a limited extent by law) be excluded or modified.  In respect of any such implied warranties, conditions or terms imposed on Hardcase Container Hire Ltd, Hardcase Container Hire Ltd’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.

7.2 Except as otherwise provided by clause 7.1 Hardcase Container Hire Ltd shall not be liable for:

7.2.1 Any loss or damage of any kind whatsoever, arising from the supply of services by Hardcase Container Hire Ltd to the Custoomer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by Hardcase Container Hire Ltd to the Customer; and

7.2.2 The Customer shall indemnify Hardcase Container Hire Ltd against all claims and loss of any kind whatsoever, however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Hardcase Container Hire Ltd or otherwise, brought by any person in connection with any matter, act, omission, or error by Hardcase Container Hire Ltd its agents or employees in connection with the Services.

7.2.3 Irrespective of the contents of this clause, should any liability be deemed to have arisen from the supply of services by Hardcase Container Hire Ltd to the Customer then such liability is limited to $1,000.00.

8 CONSUMER GUARANTEES ACT

8.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Services from Hardcase Container Hire Ltd for the purposes of a business in terms of section 2 and 43 of that Act.

9 HIRE OF CONTAINERS

9.1 Where containers are  hired from Hardcase Container Hire Ltd:

9.1.1 The Customer shall not part with the possession of the containers and shall not sublet, or sell, or attempt to alienate the containers in any way, or deal with the containers in any way that may be prejudicial to Hardcase Container Hire Ltd.

9.1.2 The Customer shall be liable for any damage to or loss of the containers hired however caused and in the event of any containers being damaged, lost or stolen the Customer shall pay to Hardcase Container Hire Ltd the cost of making good the repair to the containers or the cost of replacing the containers whichever is the lesser.

9.1.3 The Customer shall on request by Hardcase Container Hire Ltd advise of the whereabouts of any hired containers and gives Hardcase Container Hire Ltd irrevocable licence to enter any premises within its control for the purposes of inspecting, repairing, testing or removing the hired containers and further if the Customer fails to pay any monies owing after the due date Hardcase Container Hire Ltd may enter any premises and take possession and remove the hired containers.

9.1.4 The Customer shall take proper care of and use the containers in a manner or to such an extent that a reasonable Customer would.

9.1.5 Without prejudice to any other remedies available to Hardcase Container Hire Ltd and notwithstanding any period of hire specified, Hardcase Container Hire Ltd may terminate this hire contact at any time.

10 MISCELLANEOUS

10.1 Hardcase Container Hire Ltd shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

10.2 Failure by Hardcase Container Hire Ltd to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Hardcase Container Hire Ltd has under this contract.

10.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.