Terms and Conditions

Mobile Chill Solutions – Terms & Conditions

1. DEFINITIONS
For the purposes of these terms and conditions:

a. The person, firm, entity or corporation hiring the Equipment shall be referred to as the “Hirer” and Mobile Chill Solutions, the Owner and supplier of the Equipment shall be referred to as the “Owner”.

b. “Equipment” means any form of the equipment or accessories supplied by the Owner to the Hirer. The Equipment shall always remain the property of the Owner whilst on hire.

c. “Hire Fee” means the amount payable to the Owner by the Hirer to hire the equipment as specified in the Invoice, Email, Text Message, Social Media message or other means of communication used between the Owner and Hirer.

d. “Bond” means the amount payable to the Owner to hire the equipment. A Bond may be reimbursed contingent upon no breach to all Terms & Conditions. The Owner reserves the right to refuse reimbursement for a breach of these Terms & Conditions as determined by the Owner in its absolute discretion.

e. “Total Fee” means the total sum of the amount payable to the owner including Hire Fee & Bond.

f. “Deposit” means the amount payable to the Owner upon acceptance of the order by Owner in the amount of 30% of the Total Fee.

2. DISCLAIMER

a. The Hirer accepts full responsibility for the use and or operation of the hire Equipment and hereby agrees to release and fully indemnify the Owner against any third-party claims, actions, demands, suits, costs and expenses for damage or injury or death to person or persons or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or persons associated with the Hirer.

3. GENERAL OBLIGATIONS

a. The Hirer agrees to be bound by these Terms & Conditions by signing this document, providing electronic signature consent or consent by means best available to them.

b. The Hirer agrees and acknowledges that the Owner always remains the legal owner of the Equipment & the Conditions do not give any rise to any hire purchase agreement, leasing agreement or an option to buy the Equipment.

c. The Hirer accepts full responsibility for the correct use and or operation of the hired Equipment. The Hirer agrees not to modify or permanently attach anything to the Equipment for their own purposes whilst on hire and shall return the Equipment in the same condition as they received it. All Equipment or part thereof and associated packaging (including boxes, crates, tubs, bags, and containers) that are lost, damaged, broken or stolen whilst on hire will be charged to the Hirer in full at present-day replacement value.

d. Once the Owner has delivered the Equipment or the Hirer has collected the Equipment, it is the responsibility of the Hirer to handle and operate the Equipment in a proper, safe and careful manner and only for the purpose and capacity for which it was designed. If on the occasion the Equipment develops an electrical, mechanical or structural fault during the correct manner of use whilst on hire then it is the Hirers responsibility, in the interest of safety, to shut down, switch off or cease to operate or handle the Equipment until it is made safe, and the Owner is contacted, or the Equipment is collected whereupon an assessment will be made of its condition.

e. The Hirer agrees & acknowledges that it has received adequate instructions from the Owner regarding he correct and safe use of the equipment, which may include physical demonstration or verbal or written instructions.

f. The Hirer must not sub-hire or sub-lease the Equipment without the prior written consent of the Owner where upon consent may be withheld in the Owner’s absolute discretion.

4. PAYMENTS, DEPOSITS & BONDS

a. Bookings that meet or exceed $150.00 require a 30% deposit within 14 days of receiving the booking confirmation. The deposit secures your items for your selected event date and is non-refundable.

b. The Hirer agrees to pay the Owner the Total Fee including any applicable GST, stamp duties, penalties, levies or freight and other charges relevant to these Conditions.

c. The Hirer must pay the balance of the Total Fees to the Owner at least 7 days prior to the scheduled delivery or collection of the Equipment.

d. The Owner has no obligation whatsoever to hire, deliver or allow collection of the Equipment until the Total Fees are paid in full.

e. The Owner, at their ultimate discretion, may require a refundable bond to be paid before the hire period commences. This bond will be refunded to the Hirer once all the Equipment is returned undamaged and in the same condition as it was received by the Hirer.

i. Any damage or losses will incur a fee to the value of the full replacement cost of the Equipment. This cost will be added to the total cost of the hire contract or deducted from the refundable bond. If the refundable bond is not sufficient to cover the total of the additional charges, then the balance will be paid by the Hirer to the Owner.

ii. Refunds to the Hirer can take the form of payment by the Owner, or a credit on the next Hirer Equipment hire, set at the discretion of the Owner.

f. The Hirer agrees to pay a daily Hire Fee which will apply to any Equipment not returned on time until the time the Equipment is returned to the Owner (part days will be treated as a whole day).

g. The Hirer guarantees payment to the Owner of all monies and performance of all obligations including any past, present and/or future indebtedness and/or obligation of the Hirer with the Owner

h. The Hirer agrees to indemnify the Owner against all loss and/or damage arising from any past, present and/or future dealing(s) with the Hirer including without limitation all legal costs on an indemnity basis, collection costs, and debt recovery fees.

i. All payments must be made to the Owner by bank transfer or cash in Australian currency.

j. The Owner may require certain security details (such as proof of identification, personal or third party guarantees) prior to accepting an order to hire the Equipment. The Owner has the right to not accept an order until sufficient security is provided (as determined in the Owner’s absolute discretion).

k. Any quotes provided by the Owner to the Hirer are valid for 30 days, bookings confirmed after this time are subject to the Owner’s discretion. A quote does not guarantee the availability of equipment.

5. CANCELLATION

a. Subject to the provisions of this clause 5, the Hirer may cancel its order for some of the equipment upon providing to the Owner written notice of such cancellation prior to the commencement date.

b. If the Hirer wishes to cancel the hiring of some equipment, it must clearly identify (in the notice provided to the Owner pursuant to clause 5. a) each and every item of the Equipment which the Hirer no longer requires.

c. The Hirer agrees and acknowledges that if it terminates a Contract or cancels its order for some of the Equipment, it will be liable to pay the Owner (by way of liquidated damages and not by way of penalty) :

i. 30% of the Total Fees (applicable to the Equipment no longer required) if written notice of termination or cancellation is received by the Owner more than 21 days before the Commencement Date; or-

ii. 50% of the Total Fees (applicable to the Equipment no longer required) if written notice of termination or cancellation is received by the Owner more than 24 hours before the Commencement Date; or (but not more than 21 days); or-

iii. 100% of the Total Fees (applicable to the Equipment no longer required) if written notice of termination or cancellation is received by the Owner within 24 hours of the Commencement Date.

d. The Owner may retain any pre-payments received by the Hirer as part of or full payment for the amounts payable by the Hirer pursuant to clause 5. c).

e. The Owner has no obligation to hire any Equipment to the Hirer that is subject to a cancelled order.

6. DELIVERY & RETURNS

a. Delivery, collection and/or return of the Equipment is at the Hirer’s expense.

b. The Hirer must sign all delivery documentation requested to be signed by the Owner and/or the forwarding carrier. 

c. The Equipment shall be returned in a reasonably clean, but not necessarily sterile state or a cleaning fee may apply

d. If the Owner is required to deliver Equipment, the Hirer must provide safe and proper access to the delivery site, including making sure that the site will be clear of all obstructions to allow the Owner to erect, install or place the Equipment safely. 

e. The Hirer is liable for and indemnifies the Owner on a full indemnity basis, its employees or agents against all injury, death, loss or damage suffered by any of them while at the delivery site, unless such injury, loss or damage is caused by the negligence of the Owner, its employees or agents. 

f. The Hirer agrees and acknowledges that it will pay the Owner additional delivery charges (as reasonably determined by the Owner) for delivery of any Equipment that requires any additional works that the Owner is required to undertake to deliver the Equipment.

7. PICK UP/COLLECTION

a. If the Hirer collects the Equipment from the Owner’s premises, the Hirer will be required to show their driver’s license or passport identification in which a copy will be recorded for security measures by the Owner.

b. The Owner, its employees or agents must witness the return of any Equipment to the Owner’s premises. 

c. If any Equipment is returned not in accordance with clause 7. b), the Hirer agrees and acknowledges that it will be responsible for any loss or damage to such Equipment.

8. PROPERTY ACCESS TO HIRED EQUIPMENT

a. The Hirer acknowledges that all property in and title to the Equipment at all times remains with the Owner. The Hirer does not acquire any property in or title to the Equipment and the Hirer’s interest in the Equipment is as bailee of the Owner only.

b. The Owner also reserves the right to terminate the Hire Contract at any given time and reserves the right to take possession of the Equipment immediately. Equipment that has not been returned by the Hirer or access to collect Equipment at the end of the hire has been denied causes the Equipment to be deemed stolen the relevant authorities will be notified to facilitate in the retrieval of the Equipment.

9. FORCE MAJEURE

a. If the Owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion, or unrest, interference by civil or military authorities or act of war) the Owner may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the Owner under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The Owner shall not be liable for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.

10. IDENTIFICATION REQUIREMENTS

a. The Hirer is required to provide a valid SA Driver’s License or Australian Passport upon collection or before delivery of the Equipment.