Last updated on 12 November 2024

HIRE TERMS AND CONDITIONS

Welcome to Bendigo Coolroom Hire.

In these terms, we also refer to EAGLE ENTERPRISES GROUP PTY LTD trading as Bendigo Coolroom Hire ABN 66 663 265 781 as “Bendigo Coolroom Hire”, “our”, “we”, or “us”.

And you are you, the Customer!

What are these terms about?

These terms apply when you use this website, being https://www.bendigocoolroomhire.com/ and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you hire our mobile cool rooms and/or freezers through the Website (“Hire Equipment”), or place a booking with us by telephone, email or otherwise, or purchase any attachments or products from us (Attachments), together the “Equipment”.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here: https://www.bendigocoolroomhire.com/s/BCH-Privacy-Policy-112024.pdf

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

· Schedule 1Part A: Terms for when you hire any Equipment (applies when you hire)

· 0: Terms for when you browse and interact with this Website (applies when you browse)

· Part C: Liability and warranties, and interpretation provisions (applies to both hiring and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or make a payment to hire any Equipment unless you have read and agree to these terms.

I’ve returned to your Website and/or want to hire Equipment again, do I need to read these terms again?

Once you place a Booking, the terms of Schedule 1Part A accepted at the point of hire will apply to such Equipment. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or hire the Equipment. You can check the date at the top of this page to see when we last updated these terms.

DISCLAIMER - CANCELLATIONS

Please ensure that you have read through these terms carefully and understood them before submitting a Booking. If you terminate this agreement in accordance with clause 16.1, then a cancellation fee in clause 16.3 may apply.

Part A For When You Hire Equipment

1 APPLICATION

(a) By clicking the tick box below, paying any Fees or otherwise accepting the benefit of any Equipment under this Agreement, you agree to be bound this Agreement and any applicable Hire Form (as defined in clause 1(b), which forms a binding contractual agreement between you or the company you represent and Bendigo Coolroom Hire.

(b) This Agreement will apply to all your dealings with Bendigo Coolroom Hire, including being incorporated in all online forms, agreements, Bookings, quotations or orders under which Bendigo Coolroom Hire is to hire Equipment to you (each a ‘Hire Form’) together with any additional terms included in such a Hire Form (provided such additional terms are recorded in writing).

(c) In the event of any inconsistency between this Agreement and any Hire Form, the clauses of this Agreement will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Hire Form) will prevail over this Agreement to the extent of any inconsistency.

2 BOOKINGS

2.1 BOOKING APPROVAL

(a) By submitting a Booking to hire Equipment using the Website’s functionality (Booking) you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us;

(ii) you have a valid driver’s licence of a licence class that permits you to drive a vehicle to tow the Equipment;

(iii) you will provide copies of your valid driver’s licence/s to Bendigo Coolroom Hire before hiring any Equipment; and

(iv) you are authorised to use the debit or credit card you provide with your Booking.

(b) Submitting a Booking constitutes your intention and offer to enter into Part A of these terms (including Part Cwhich you agreed to by using this Website) where we will provide you with the Equipment you have booked in exchange for your payment of the total amount during the Hire Period.

(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Booking is being processed.

2.2 MAKING A BOOKING

(a) To make a Booking with us, you must:

(i) complete and submit the Hire Form on our Website to check whether or not we have availability of the Equipment you want for your requested hire period; or

(ii) contact us using the phone number on our Website to request a call back, which you will be required to confirm by paying the invoice we issue to you in accordance with clause 2.2(b).

(b) Once we have confirmed that we have the relevant Equipment available during your requested date(s) we will then confirm with you (if applicable, using the contact details you have provided in the Hire Form), at which point we will send you an invoice, and you will be asked to confirm your Booking and pay that invoice before we provide the Equipment.

(i) make full payment of the total hire Fees to secure the Booking; or

(ii) make a 20% deposit of the total hire Fees to secure the Booking (Deposit) if at the time of Booking, the enquiry is more than 30 days away from the Start Date; and

(iii) include or otherwise provide to us:

(A) the selected Hire Equipment you wish to hire and any applicable Attachments;

(B) the proposed start date (Start Date) and return date (Return Date) (together, the Hire Period);

(D) business name and ABN, if applicable;

(E) address;

(F) contact number;

(G) email address;

(H) drivers licence number and details;

(I) whether pick up and/or delivery of the Equipment is required; and

(J) your proposed pick up or delivery address as applicable (Delivery Address).

3 EQUIPMENT AND ATTACHMENTS

(a) We will endeavour to ensure that the Equipment provided will be substantially the same as the Equipment displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Booking. Please note that due to screen display, colour and brightness, and image quality, Equipment may not exactly match the image on our Website.

(b) The Equipment is, and will at all times be and remain, the property of Bendigo Coolroom Hire. You will not have or accrue any right, title or interest in or the Equipment under these terms.

(c) Risk in the Equipment will pass to you on delivery in accordance with clause 6 and/or 7 and remain with you until the Equipment is returned to us. You are responsible for taking all appropriate precautions to protect the Equipment from damage or destruction until you return them to us, including following any instructions provided with the Equipment.

(d) If any Attachments provided as part of a Booking are lost, damaged or otherwise stolen, you acknowledge and agree that you are liable for the costs of replacing such Attachments. The standard pricing of the Attachments are set out here [www.bendigocoolroomhire.com/s/Standard-Pricing-of-Attachments.pdf]

4 PRE HIRE REQUIREMENTS

4.1 GENERAL

You warrant that by clicking the tick box below:

(a) you have read and understood any instructional materials provided by Bendigo Coolroom Hire, specifically the Safe Operating Procedures set out on our Website here: [www.bendigocoolroomhire.com/s/Safe-Operating-Procedures.pdf]; and

(b) ensure that any person collecting or taking delivery of the Equipment on your behalf is authorised by you to do so and you will not allege that any such person is not so authorised.

4.2 EQUIPMENT INSPECTION

(a) On pick up or delivery of the Equipment, Bendigo Coolroom Hire will inspect the equipment and note any existing damage to the Equipment on an Equipment Inspection Report. You will then have an opportunity to inspect the Equipment and will be provided with the Equipment Inspection Report to review. You may note any other existing damage to the Equipment before signing the Equipment Inspection Report.

(b) By signing or otherwise receiving the Equipment Inspection Report, you acknowledge and agree that:

(i) you have inspected the Equipment prior to first using the Equipment;

(ii) all scratches, scuffs and any other marks or damage to the Equipment recorded on the images on the Equipment Inspection Report are correct and complete;

(iii) the images on the Equipment Inspection Report are a guide only and may not be a true representation of the Equipment but the marks or damage to the Equipment recorded on the images do nevertheless, correctly and completely reflect the marks or damage to the Equipment; and

(iv) the Equipment is rented out to you in the condition as set out in the Equipment Inspection Report.

(c) Bendigo Coolroom Hire will inspect the Equipment as soon as it has been returned. If, the Equipment has any scratches, scuffs or any other marks or damage not recorded on the Equipment Inspection Report (fair wear and tear excepted) (New Damage), Bendigo Coolroom Hire will provide:

(i) notice of the New Damage to you;

(ii) a photo of the New Damage to you; and

(iii) an itemised estimate of the cost of repairing the New Damage.

(d) You are liable for and agree to pay for the cost to repair the New Damage.

(e) If you do not agree to the itemised estimate of the cost of repairing the New Damage, Bendigo Coolroom Hire will request a quote from an independent third party such as the Equipment’s manufacturer (Independent Quote).

(f) You acknowledge and accept that the Independent Quote will be the final cost to repair the New Damage and must be paid by you.

5 EQUIPMENT USE

5.1 USE

(a) You must ensure that the Equipment is only used:

(i) within the state of Victoria, Australia;

(ii) in a proper and skilful manner, by those who are appropriately licensed and competent;

(iii) in accordance with the Equipment manufacturer’s requirements, recommendations and instructional materials provided to you; and

(iv) in accordance with all Laws, rules and regulations applicable to the Equipment and its use.

(b) You must not, and must not allow any other person or third party to:

(i) tow the Equipment whilst there is any inventory, goods or tools inside the Equipment;

(ii) tow the Equipment with an unsuitable or unroadworthy vehicle or use the Equipment on unsealed roads (other than on pick up and drop off of the Equipment on Drinkwater Rd, Maiden Gully VIC 3551), including any taking the Equipment off-roading, without the written consent of Bendigo Coolroom Hire;

(iii) tow trailered Equipment, if the driver is not the holder of a valid driver licence;

(iv) use the Equipment for any dangerous or illegal purpose;

(v) use or allow the Equipment to be used to carry passengers for payment of any kind and/or for racing;

(vi) make any alterations to the Equipment, including by unauthorised repair;

(vii) use or allow the Equipment to be used while the operator is under the influence of alcohol or drugs;

(viii) use the Equipment when it is damaged or unsafe;

(ix) affix or install any accessories, equipment or device on or to the Machine (other than the included Attachments set out in the Hire Form) without Bendigo Coolroom Hire’s prior written consent;

(x) sub-hire the Equipment, without the written consent of Bendigo Coolroom Hire; or

(xi) use the Equipment for the towing of any load, such as attaching an additional load onto the Equipment.

(d) You agree that you are responsible for the acts and omissions of any other person you allow to use the Equipment.

5.2 GPS TRACKING

You acknowledge and agree that the Equipment may contain on-board GPS and usage tracking devices (each a GPS and Usage Device) which enables Bendigo Coolroom Hire to send commands to and receive certain information from the Equipment, including but not limited to updates on the Equipment location.

5.3 PERSONAL PROPERTY

Bendigo Coolroom Hire is not liable to any person for any loss of, or damage to, personal property that is left in the Equipment after its return to Bendigo Coolroom Hire or stolen from the Equipment or otherwise lost during the Hire Period.

5.4 CLEANING

(a) You acknowledge and agree that the Equipment is hired out in a clean condition. You must return the Equipment in the same state of cleanliness (inside and out) it was in on the Start Date (Clean). If the Equipment is not Clean upon return, the cleaning fees set out on the Website or otherwise provided to you by Bendigo Coolroom Hire will apply (Cleaning Fee).

(b) The Cleaning Fee charged to you will be the Bendigo Coolroom Hire’s reasonable costs of ensuring the returned Equipment is Clean, as reasonably determined by Bendigo Coolroom Hire.

6 COLLECTION AND RETURN

(a) Unless the Hire Form includes pick up or delivery of the Equipment by Bendigo Coolroom Hire and subject to clause 13, you must on the Return Date and by the Return Time, return the Equipment to Bendigo Coolroom Hire at the Return Address in the same condition as it was in on the Start Date, including any applicable Attachments.

(b) If you do not comply, or believe you may not be able to return the Equipment by the Return Date, with clause 6(a), then you may wish to extend the Hire Period (Extension) by contacting us via the details on our Website.

(c) If you do not comply with clause 6(b), then you must pay the Late Charge for every additional 24 hour period after the Return Time on the Return Date for which you retain possession of the Equipment. All Extensions are subject to availability and you will be provided with an additional quote for Fees which must be paid by you for an Extension to be valid.

(d) If you return the Equipment before the Return Date, you will be liable for the full Fees as if the Equipment was in its possession from the Start Date until the Return Date, notwithstanding any early return of the Equipment.

(e) For the purposes of this agreement:

(i) “Late Charge” means the standard hire rate per day; and

(ii) “Return Address” means Bendigo Coolroom Hire’s address as set out on the Website;

(iii) “Return Time” means 4:00pm on the day of the Return Date.

7 DELIVERY

(a) If you request the Equipment to be delivered and/or collected in a Hire Form, then Bendigo Coolroom Hire will deliver and/or collect the Equipment to and/or from your noted Delivery Address, in exchange for the Delivery Fee calculated below.

(b) The location and timing for delivery and collection will be discussed with you prior to delivery and collection. We will agree on a location and date with you for delivery of the Equipment (Delivery Time) and collection of the Equipment (Collection Time).

(i) within a 15 kilometre radius of Alexandra Fountain, Bendigo CBD, the Delivery Fee is a flat fee of $40 (including GST) each way, to deliver and/or collect; or

(ii) outside the 15 kilometre radius of Alexandra Fountain, Bendigo CBD, the Delivery Fee starts at a flat rate of $40 each way and an additional $0.90 cents per kilometre for every kilometre to and from the Delivery Address,

(together, the Delivery Fee).

(d) You must ensure that you are available for delivery of the Equipment on the date of delivery and at the agreed Delivery and/or Collection Time. We will require you to sign for delivery or otherwise indicate acceptance of the Equipment. It is your responsibility to make sure you are available for delivery. Any delay in delivery or accepting the Equipment due to your acts or omissions will not delay the start of your Hire Period, and you will be liable for any costs incurred in the re-attempted delivery of your Equipment (if necessary). You are responsible for ensuring you provide us with the correct address details.

8 BREAKDOWNS

(a) If the Equipment is faulty, breaks down or becomes unsafe to use during the Hire Period (Breakdown), you must immediately:

(i) notify Bendigo Coolroom Hire;

(ii) stop using the Equipment;

(iii) take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment;

(iv) take all steps necessary to prevent the Equipment from sustaining any further damage;

(v) not repair or attempt to repair the Equipment without Bendigo Coolroom Hire’s written consent; and

(vi) comply with Bendigo Coolroom Hire’s directions in relation to the return of the Equipment.

(b) Bendigo Coolroom Hire is not responsible for any damage or spoilage to perishable goods, such as food or produce, due to mechanical break-down, power failure, or any other unforeseen circumstances. You acknowledge and agree that if there is a Breakdown, you must take immediate steps to mitigate your own loss by storing any perishable goods in an alternative location or by contacting Bendigo Coolroom Hire as soon as possible.

(i) caused by a fault in the Equipment (not caused or contributed to by you) (Equipment Fault) then Bendigo Coolroom Hire will provide you with a pro-rata refund of any Fees paid for the period of the Hire Period during which the Breakdown persisted; or

(ii) not caused by an Equipment Fault, then you will still be required to pay the Fees; or

(iii) if available, provide equivalent replacement Equipment.

(d) Clause 8(c) does not limit:

(i) any of your rights under the Competition and Consumer Act 2010 (Cth); or

(ii) any rights or remedies Bendigo Coolroom Hire may have access to in relation to a Breakdown, under this Agreement or otherwise.

9 LOSS, DAMAGE AND PERSONAL INJURY

You will be fully liable to Bendigo Coolroom Hire for:

(a) any loss or damage to the Equipment during the Hire Period, or otherwise when the Equipment is in your possession, and must give reasonable notice to Bendigo Coolroom Hire in writing of any such loss or damage; and

(b) all damage to the property of any person which is caused or contributed to by the Equipment during the Hire Period, or otherwise when the Equipment is in your possession.

10 INCIDENTS AND INSURANCE

10.1 INSURANCE

(a) You acknowledge that Bendigo Coolroom Hire may, in its discretion, hold insurances in relation to the Equipment but such insurances may not cover you or your use of the Equipment and Bendigo Coolroom Hire will have no obligation or requirement to insure your use of the Equipment under this Agreement.

(b) If Bendigo Coolroom Hire notifies you that it holds insurance in relation to the Equipment, you must not do or permit anything to be done which may make Bendigo Coolroom Hire’s insurance invalid or able to be cancelled or which may increase Bendigo Coolroom Hire’s insurance premiums.

(c) Bendigo Coolroom Hire reserves the right to apply any insurance policy it does hold in respect of the Equipment during the Hire Period, to damage or loss caused or contributed to by you, however Bendigo Coolroom Hire is under no obligation to. If Bendigo Coolroom Hire chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Hire Period, you will be required to pay any excess payable by Bendigo Coolroom Hire in respect of such a claim.

10.2 INCIDENTS, LOSS AND DAMAGE

(a) Subject to any Bendigo Coolroom Hire insurance policy that covers you, which Bendigo Coolroom Hire has indicated it will claim against to cover you, if the Equipment is lost, damaged, destroyed or stolen during the Hire Period, or otherwise while the Equipment is in your possession, you must compensate Bendigo Coolroom Hire for any costs of repair or replacement.

(b) If the Equipment is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Equipment during the Hire Period, or otherwise when the Equipment is in your possession (Incident), you:

(i) must promptly report the Incident to the local police (if required by Law);

(ii) must report the Incident to Bendigo Coolroom Hire in writing;

(iii) must, if such damage, destruction or theft is covered by and compensated to Bendigo Coolroom Hire under an insurance policy, pay the relevant excess amount to Bendigo Coolroom Hire (if applicable), as well as any other reasonable costs that Bendigo Coolroom Hire incurs in relation to such damage, destruction or theft;

(iv) must not, without Bendigo Coolroom Hire’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the Incident, except as required by Law;

(v) must, if requested, permit Bendigo Coolroom Hire or its insurer bring, defend, enforce or settle any legal proceedings in your name in relation to the Incident; and

(vi) must, if requested, provide to Bendigo Coolroom Hire, within a reasonable time, any statement, information or assistance which Bendigo Coolroom Hire or its insurer requests, including by attending a lawyer’s office or a court to give evidence.

11 PAYMENT

11.1 FEES

(a) All prices are:

(i) in Australian Dollars; and

(ii) subject to change prior to you completing a Booking without notice.

(b) You must pay the Fees to Bendigo Coolroom Hire in the amounts set out on the Hire Form, Website, Invoice or as otherwise agreed in writing.

11.2 ADDITIONAL CHARGES

You must also pay any applicable additional charges, expenses or fees to Bendigo Coolroom Hire or as otherwise agreed in writing, including but not limited to the:

(a) Cleaning Fee;

(b) Delivery Fee;

(d) cost of replacing any Attachments in accordance with clause 3(d);

(e) Cancellation Fee.

11.3 TIME FOR PAYMENT

Unless otherwise agreed in writing, you must pay for the total Fees for Equipment before the start of the Hire Period, including paying the Deposit at the time of placing a Booking.

11.4 GST

Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Bendigo Coolroom Hire, you must pay the GST subject to Bendigo Coolroom Hire providing a tax invoice.

11.5 CARD SURCHARGES

Bendigo Coolroom Hire reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

11.6 ONLINE PAYMENT PARTNER

We may use third-party payment providers such as Stripe (Payment Providers) to collect payments for hiring the Equipment. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible https://stripe.com/au/legal/ssa and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

11.7 PRICING ERRORS

In the event that we discover an error or inaccuracy in the price at which your Booking was hired (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of making your Booking at the correct price or cancelling your Booking. If you choose to cancel your Booking and payment has already been debited, the full amount will be credited back to your original method of payment.

11.8 PAYMENTS OTHER THAN FEES

Immediately on request by Bendigo Coolroom Hire, you must pay:

(a) the price of any Equipment which is for whatever reason not returned to Bendigo Coolroom Hire;

(b) the full cost of repairing any damage to the Equipment caused or contributed to by you;

(d) any expenses and legal costs (including commission payable to a commercial agent) incurred by Bendigo Coolroom Hire in enforcing this Agreement due to your default.

12 OWNERSHIP, POSSESSION AND TITLE

12.1 OWNERSHIP

(a) The Equipment is and will at all times remain the property of Bendigo Coolroom Hire, notwithstanding delivery of the Equipment to you or the possession and use of the Equipment by you.

(b) You will not have any right, title or interest in or to the Equipment except as expressly set out in this Agreement.

12.2 POSSESSION

You must not, without Bendigo Coolroom Hire’s prior written consent, part with possession of the Equipment during the Hire Period.

12.3 ENCUMBRANCES

You must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Equipment, including a repairer’s lien, except:

(a) if a repairer’s lien arises, you must take all necessary steps to have it removed or satisfied, or, at Bendigo Coolroom Hire’s option, Bendigo Coolroom Hire may remove or satisfy the lien at your cost; and

(b) a security interest, lien or charge that arises by Law in respect of unpaid rates, taxes, fees or duties of any kind, in which event you must pay any money due so that the Equipment will be free of the lien or charge.

13 EARLY RETURN

Notwithstanding any other clause in this Agreement, Bendigo Coolroom Hire may demand the early return of the Equipment, or retake possession of the Equipment, if Bendigo Coolroom Hire reasonably suspects that:

(a) damage to the Equipment or injury to any person in connection with the Equipment is reasonably likely; or

(b) the Equipment may be used for an unlawful purpose; or

(c) the Equipment may be used or is being used in accordance with the restrictions set out in clause 5 and this agreement, such as towing the Equipment with stock inside.

14 INTELLECTUAL PROPERTY

(a) Bendigo Coolroom Hire retains all intellectual property rights in the design of the Equipment, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Equipment.

(b) In this clause 14, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

15 THIRD PARTY TERMS SUPPLIERS

(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).

(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Equipment or any services related to providing the Equipment and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

(C) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Equipment to you, and you can cancel your Booking in accordance with clause 16.

16 TERMINATION

16.1 TERMINATION FOR CONVENIENCE

Either party may terminate this agreement for convenience by providing 10 Business Days’ notice to the other party.

16.2 TERMINATION FOR BREACH

(a) Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.

(b) A “Breach” of this agreement means:

(i) a party (Notifying Party) considers the other party is in breach of this agreement and notifies the other party;

(ii) the other party is given 10 Business Days to rectify the breach; and

(iii) the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.

16.3 EFFECT OF TERMINATION

(a) Upon termination of this Agreement, each party must:

(i) return all Equipment and Confidential Information to the other party;

(ii) comply with all obligations that are by their nature intended to survive the end of this agreement;

(iii) stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated;

(iv) you must pay any outstanding Fees for any services, such as Delivery Fees, already performed up to the date of termination;

(v) if you terminate this agreement in accordance with clause 16.1 and:

(A) there is less than 20 Business Days before the Start Date or the delivery date of the Equipment (whichever is later), then Bendigo Coolroom Hire will refund you all Fees paid prior to the termination of this agreement;

(B) there is less than 10 Business Days before the Start Date or the delivery date of the Equipment (whichever is later), then Bendigo Coolroom Hire will refund you all Fees paid prior to the termination of this agreement, excluding the Deposit or an amount equivalent to a 20% of the total hire Fee; or

(C) there is less than 5 Business Days before the Start Date or the delivery date of the Equipment (whichever is later), then Bendigo Coolroom Hire will not provide any refunds,

together the ‘Termination Fee’,

(b) However, if you terminate this agreement in accordance with clause 16.1 during the peak holiday periods as set out by Bendigo Coolroom Hire on the Website from time to time (Holiday Period), no refunds will be provided (at the reasonable discretion of Bendigo Coolroom Hire) as it reflects Bendigo Coolroom Hire’s reasonable pre-estimate of genuine loss.

Part B For When You Browse This Website…

17 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

18 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Bendigo Coolroom Hire;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Equipment;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of Bendigo Coolroom Hire, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

19 INFORMATION ON THE WEBSITE

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

(i) the Website may have errors or defects (or both, as the case may be);

(ii) the Website may not be accessible at times;

(iii) messages sent through the Website may not be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website may not be secure or confidential; and

(v) any information provided through the Website may not be accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Equipment descriptions, prices and other Website Content (as defined below).

20 INTELLECTUAL PROPERTY

(a) Bendigo Coolroom Hire retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Bendigo Coolroom Hire or as permitted by law.

(c) In this clause 20, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

21 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

22 SECURITY

To the maximum extent permitted by law, Bendigo Coolroom Hire does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

23 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Part C Liability And Other Legal Terms

24 LIABILITY

24.1 WARRANTIES

Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:

(a) Equipment sold by Bendigo Coolroom Hire, will have only the benefit of any warranty given, and insurance held, by the manufacturer.

(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

24.2 LIABILITY

(a) To the maximum extent permitted by law and subject to clause 24.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Bendigo Coolroom Hire under the most recent Booking.

(b) Clause 24.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of:

(i) clause 2;

(ii) clause 3(b);

(iii) clause 4;

(iv) clause 5;

(v) clause 6;

(vi) clause 8;

(vii) clause 9;

(viii) clause 10;

(ix) clause 11;

(x) clause 12; and

(xi) clause 13.

24.3 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Equipment or services provided by us, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

25 GENERAL

25.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

25.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

25.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

25.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

25.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

25.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

25.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

25.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $, or “dollar”, is to Australian currency;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

26 NOTICES

(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.

(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.

(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

Hire Conditions

0439 349 821

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