Contract
Customers will be required to read and sign a copy of the contract set out below on acceptance of any Quote.
Temporary Fencing Hire Agreement
This Agreement is made between:
Best Price Temporary Fencing Hire (ABN 37 491 289 129)
(the Owner)
and
The person or entity described in the invoice issued by the Owner
(the Hirer).
1. Agreement Scope
1.1 This agreement applies to:
The establishment and operation of the hire relationship between the Hirer and the Owner.
All transactions involving the supply of goods and services by the Owner to the Hirer.
The exclusion of all other terms, including any provided by the Hirer.
1.2 This agreement is deemed incorporated into each order placed by the Hirer with the Owner.
2. Hire of Goods
2.1 The Hirer agrees to hire from the Owner the goods described in the invoice, to be used as temporary fencing at the location specified in the invoice.
2.2 "Goods" includes all temporary fencing panels, feet, stays, clamps, and associated equipment.
3. Hire Period
3.1 The hire period begins upon delivery and installation of the goods and continues for the initial hire period stated in the invoice, including any extensions.
3.2 The hire ends only when all goods are returned to the Owner’s possession in satisfactory condition.
3.3 Unless otherwise instructed in writing by the Hirer, the hire will be automatically extended at the end of each hire period. Invoicing will continue accordingly until the Owner is instructed to collect the goods or terminates the hire.
4. Delivery and Collection
4.1 The Owner will:
Deliver the goods to the premises on the agreed start date.
Collect the goods on the termination date or upon instruction from the Hirer under Clause 3.3.
4.2 The Hirer must provide adequate notice (at least 48 hours) to arrange pickup during normal business hours. Late notice may result in continued hire charges.
4.3 The Hirer remains responsible for any loss, damage, or theft of the goods until they are collected by the Owner.
5. Charges and Payment
5.1 The Hirer agrees to pay all charges set out in the invoice, including:
Hire fees based on the Owner’s quoted rates
Delivery, installation, and any additional goods requested
One pick-up is included; further pickups will incur additional hourly charges.
5.2 Early return of goods does not entitle the Hirer to a refund or reduction in fees.
5.3 All invoices are payable in full upon issue unless otherwise agreed in writing. Payments must be made in cash or cleared funds.
6. Use of Goods
6.1 The Owner will install the goods as directed by the Hirer.
6.2 The Hirer must not:
Modify, relocate, or tamper with the goods without written approval
Allow third parties to use or move the goods
Attach signage, banners, or shade cloth to the goods without permission
Remove goods from the agreed premises
6.3 The Hirer may engage the Owner to reposition goods. Additional charges will apply and must be paid in accordance with the Owner’s terms.
7. Responsibility and Risk
7.1 The Hirer is responsible for the care and safekeeping of the goods and must:
Store them securely
Prevent unauthorised use
Notify the Owner of any damage, theft, or issues
7.2 The Hirer indemnifies the Owner against all claims, expenses, losses, or damages arising from the use or movement of the goods, whether or not caused by negligence.
7.3 If goods are returned damaged, missing, or unusable, the Hirer must pay for repair or replacement at current retail value, including labour and materials.
8. Breach and Termination
8.1 If the Hirer:
Fails to pay any amount owing
Breaches any term of this agreement
Is declared bankrupt or enters liquidation
The Owner may, without notice:
Declare all outstanding fees immediately due and payable
Enter the premises and repossess the goods
Recover all associated costs, including legal and debt recovery fees
Charge the retail value of unrecovered goods
8.2 On termination, the Owner may enter the premises and reclaim the goods. The Hirer irrevocably authorises this access.
9. Additional Fees
9.1 The Owner may charge:
A relocation fee if goods have been moved by the Hirer
A reinstallation fee if goods fall or are damaged due to unauthorised attachments
10. Legal Compliance
The Hirer is responsible for ensuring that the use of temporary fencing complies with all local council and legal regulations.
11. Acceptance
Supply and installation of goods by the Owner is deemed acceptance of these terms by the Hirer.
12. Amendments
The Owner may amend these terms by posting updated versions on its website or notifying the Hirer. Changes take effect from the date of publication or notification.
13. Governing Law
This agreement is governed by the laws of New South Wales, Australia. Any disputes will be resolved in the courts of that jurisdiction.
End.