Terms & Conditions of Hire

1. Hire Agreement Between You and Us

These Terms of Hire, together with

1. The Jobcam Security Proposal.
2. any emailed Special Conditions from us.

Any and all email correspondence pertaining to Jobcam will be valid only if sent via company email addresses ending in @jobcam.com.au.

It is important that you read and understand all of the terms and conditions of the Terms of Hire before hiring from us.

2. Definitions

Definition of terms and abbreviations outlined in this document:

• "Credit Account" means any application you have completed and submitted to us.
• "Equipment" means any/or all equipment, including Security Cameras, mobile CCTV towers, fixed poles, plinths, Solar Panels, and any associated parts that form part of the hire equipment.
• "Hire Charge" or "Hire Charges" means the rates and charges payable in advance by you for the hire of the Equipment.
• "Hire Period" means for the Equipment outlined in the Jobcam Security Proposal for the duration described in clause 4.
• "Jobcam Security Proposal" means the document provided by us to you that indicates essential information, including but not limited to the Equipment you have hired, the hire rates that apply to the Equipment, the delivery address of the Equipment and any other applicable charges.
• "Long Distance Location" is a location beyond 50km from the local branch. "Non-Excludable Provision" has the meaning set out in clause 16.3.
• "Off Hire Date" One month from the date you notify us via email that the Hire Equipment is no longer required and that the Hire Equipment is available for collection. The Off-Hire Date will be confirmed via an email from us upon receipt of your request.
• "PMP" is the electronically managed preventive maintenance programme we (or our agent) operate for all Equipment. The PMP involves regular on-site attendance by our service team to conduct routine Equipment servicing and general maintenance.
• "PPSA" means the PPS Act and any other legislation and regulations in respect of it and the following words in clauses 9.2, 10 and 31 have the respective meanings given to them in the PPS Act: collateral, financing change statement, financing statement, interested person, purchase money security interest, register, registration, security agreement, security interest and verification statement.
• "PPS Act" means the Personal Property Securities Act 2009 (Cth) (as amended).
• "Regulatory Authority" means any public authority or government agency responsible for regulating the performance of electrical works.
• "we/us/our" means Jobcam Pty Ltd (ABN 98661836264)
• "you/your" refers to the person, firm, organisation, partnership, corporation, trust or other entity hiring Equipment from us, as named in the Jobcam Security Proposal or Accepted quotation. The reference to "you" includes any employees, agents and contractors.

3. Our Hire Commitment to You

3.1 We agree to hire you the Equipment and will

1. provide you with the Equipment in good working order and
2. subject to clause 8.6, allow you the exclusive use of the Equipment during the Hire Period.

4. The Hire Period

4.1 The Hire Period is for a minimum of three months and will commence when either

1. You take possession of the Equipment OR
2. From the time we deliver the Equipment to the address you provide to us in the Jobcam Security Proposal.

4.2 The Hire Period is for an indefinite term and ends when the Equipment is back in our possession.

4.3 The Hire Period includes weekends and public holidays.

4.4 The Hire Period can only be changed if you request a variation, and we agree to that variation in writing.

5. How We Calculate the Hire Charges

5.1 You will pay us for the hire of the Equipment at the hire charge rates set out in the Jobcam Security Proposal.

5.2 The Jobcam Security Proposal will outline the rate that will apply to you and the method of calculation.

5.3 We reserve the right to charge for a minimum period of hire for Equipment, but details will be given of any minimum hire periods before you commence the hire period.

5.4 Except in the circumstances set out in clause 5.5, you will be charged for hiring Equipment for the full Hire Period. To avoid doubt, you will continue to incur hire and other charges after the Expected Off-Hire Date if you have not returned the Equipment to us by the Expected Off-Hire Date.

5.5 If you have requested that we deliver and collect the Equipment and we have agreed, hire charges will commence from the time the Equipment leaves our premises and continue until 1 month from the date you notify us that it is no longer required and that the Equipment is available for collection (the "Off Hire Date"). On the Off-Hire Date, you must notify us that the Equipment is available for collection; otherwise, we reserve the right to charge additional hire charges. As set out in the Jobcam Security Proposal, the Expected Off-Hire Date IS NOT considered to be your notice to us that the Equipment is available for collection.

6. Other Charges

Unless otherwise agreed in writing, you agree that you will be required to pay

1. If you require the system to be relocated by us,
2. attend the site to reconfigure, change or adjust the system;
3. for the cleaning and repair of the Equipment if it is not returned in clean and good working condition;
4. any other applicable fees, charges, penalties and/or any other government charges arising out of your use of the Equipment.

7. Payment

7.1 You must pay all amounts and costs that become due and payable under this Hire Agreement monthly in advance unless alternative agreements have been agreed to by all parties.

7.2 If you do not pay the invoice in full by the payment due date, we reserve the right to charge, in addition to any other costs recoverable under this Hire Agreement:

1. 7.5% interest, calculated monthly, will be charged on the total outstanding balance.
2. any costs and expenses (including any commission payable to any commercial or mercantile agents and legal costs) incurred by us in recovering any unpaid amounts under this Hire Agreement.

8. Your Obligations to Us

8.1 This Hire Agreement is exclusive to you. So, you must not allow or authorise any other person or entity to use, rehire or possess the Equipment at any time unless expressly agreed by us in writing.

8.2 You agree that by accepting the Equipment, you have made certain as to the suitability, condition and correctness for the purpose of the Equipment for the job you intend to use it. Subject to clauses 16.2 and 16.3, we make no representations and give no guarantee or warranty that the Equipment is suitable for your intended purpose.

8.3 To help ensure the system runs as designed during the Hire Period, you and your employees, agents and contractors must not relocate or lower the system. The Jobcam Systems can only be moved or adjusted by authorised Jobcam technicians.

8.4 It is essential that you take care of the Equipment during the Hire Period. It's advised that you:

1. keep the Equipment, at your own cost, in good condition and in line with our instructions and manufacturer recommendations.
2. Not alter, modify, tamper with, damage or repair the Equipment without our prior written consent; and
3. not deface, remove, vary, or erase any identifying marks, plate, number, notices or safety information on the Equipment.

8.5 With adequate notice, you will allow us to enter your site and inspect the Equipment from time to time during the Hire Period. You can also request a joint inspection of the Equipment with us at the end of the Hire Period.

8.6 You must not remove the Equipment from the State or Territory in which you hired it without our written consent.

8.7 You must use your best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). You must advise us of any risks of hazardous substance exposure to the Equipment as soon as they become apparent. Where Equipment may have been contaminated, you must effectively decontaminate the Equipment and provide us with written details of the decontamination process implemented. If, in our opinion, acting reasonably, the Equipment is not capable of being decontaminated, you will be charged for the replacement cost of the Equipment.

8.8 You must not relocate or interfere with the Hire equipment in any way. If you need to make changes, please contact us. We will provide an authorisation via email if approved.

9. Remember, We Own the Equipment

9.1 You acknowledge that the Equipment is owned by us and in all circumstances, we retain ownership of the Equipment. Your rights to use the Equipment are as a bailee only.

9.2 Except in the circumstances set out in clause 10, you are not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Equipment in any way.

9.3 In no circumstances will the Equipment be deemed to be a fixture.

10. PPS

10.1 You consent to us affecting and maintaining a registration on the register (in any manner we consider appropriate) in relation to any security interest contemplated or constituted by this Hire Agreement in the Equipment and the proceeds arising in respect of any dealing in the Equipment. You agree to sign any documents and provide all assistance and information to us required to facilitate the registration and maintenance of any security interest. We may at any time register a financing statement or financing change statement regarding a security interest (including any purchase money security interest). You waive the right to receive notice of a verification statement in relation to any registration on the register of a security interest in respect of the Equipment.

10.2 You undertake to:

1. do anything (in each case, including executing any new document or providing any information) that is required by us (i) so that we acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds, (ii) to register a financing statement or financing change statement and (iii) to ensure that our security position, and rights and obligations, are not adversely affected by the PPSA;
2. not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without our prior written consent, and
3. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without our prior written consent.

10.3 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with this Hire Agreement and (a) section 115(1) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and you will have no rights under them: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and (b) section 115(7) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and you will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.

10.4 Unless otherwise agreed and to the extent permitted by the PPSA, you and we agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person or any other person requested by an interested person. You waive any right you may have, or but for this clause may have had, under section 275(7)(c) of the PPS Act to authorise the disclosure of the above information.

10.5 For the purposes of section 20(2) of the PPS Act, the collateral is Equipment, including any Equipment that is described in any Jobcam Security Proposal provided by us to you from time to time. This Hire Agreement is a security agreement for the purposes of the PPS Act.

10.6 We may apply amounts received in connection with this Hire Agreement to satisfy obligations secured by a security interest contemplated or constituted by this Hire Agreement in any way we determine in our absolute discretion.

10.7 You agree to notify us in writing of any change to your details set out in the Credit Application within five days from the date of such change.

11. Responsibility for the Equipment

11.1 You are responsible for the Equipment for the Hire Period.

12. Return of Equipment

12.1 You must return the Equipment to us in the same clean condition and good working order as it was received, ordinary fair wear and tear excluded. If you return the Equipment and it requires cleaning, we will charge you a cleaning cost in accordance with clause 6(c).

13. What to Do If the Equipment Breaks Down

13.1 If the Equipment breaks down during the Hire Period, you must:

1. immediately stop using the Equipment and notify us;
2. take all steps necessary to prevent damage occurring to persons or property as a result of the condition of the Equipment;
3. take the necessary steps to prevent any further damage to the Equipment itself, and
4. not attempt to repair the Equipment without our written consent.

13.2 Except if clause 14.1 applies, upon receiving notice from you under clause 12.1, we will:

1. take the necessary steps to repair the Equipment and/or provide substitute Equipment as soon as reasonably possible after being notified by you and
2. not charge a hire fee for that portion of the Hire Period where the Equipment was down or unfit for use, nor any amounts associated with any repair or replacement of the Equipment.

14. What to Do If Equipment Is Lost, Stolen or Damaged

14.1 If the Equipment is down or becomes unfit for its intended use as a result of your negligence or if the Equipment is misplaced, stolen, vandalised or damaged beyond fair wear and tear during the Hire Period, you will be liable for

1. any costs incurred by us to recover and repair and/or replace the Equipment; and
2. the hire charges for that portion of the Hire Period during which the Equipment is being recovered, repaired, or replaced.

14.2 We will return and deliver the Equipment to you once the damage has been rectified, provided you pay the costs and charges described in clause 14.1. You will continue to pay the hire charges for the remainder of the Hire Period.

15. Indemnities and Exclusion of Indemnities

15.1 Subject to clause 16.3, and except as expressly provided to the contrary in this Hire Agreement, all guarantees, terms, conditions, warranties, undertakings, inducements or representations, whether express or implied, statutory or otherwise, relating to this Hire Agreement or its subject matter is excluded to the maximum extent permitted by law.

15.2 Nothing in this Hire Agreement excludes, restricts or modifies any right or remedy or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law, which contains guarantees that protect the purchasers of goods and services in certain circumstances.

15.3 Where any legislation implies or imposes a guarantee, term, condition, warranty, undertaking, inducement or representation in relation to this Hire Agreement, and we are not able to exclude that guarantee, term, condition, warranty, undertaking, inducement or representation ('Non-Excludable Provision'), we are able to limit your remedy for a breach of the Non-Excludable Provision. Our liability for breach of the Non-Excludable Provision is limited to (at our election):

1. in the case of goods, the repair or replacement of the goods or the supply of substitute goods (or the cost of doing so); or
2. in the case of services, the supplying of the services again, or the payment of the cost of having the services resupplied.

15.4 Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to this Hire Agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to the fees paid by you under this Hire Agreement.

15.5 Subject to clauses 16.3 and 16.4, we will not be liable to you for any consequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption, wasted costs you have incurred, amounts that you are liable to your customers for or any loss suffered by third parties under or relating to this Hire Agreement or its subject matter.

15.6 You are liable for and indemnify us against all liability, claims, damage, loss, costs and expenses in respect of:

1. personal injury;
2. damage to tangible property or
3. a claim by a third party, regarding your hire or use of the Equipment or your breach of the Hire Agreement.

Your liability under this indemnity is diminished to the extent that our breach of the Hire Agreement or our negligence causes the liability, claims, damage, loss, costs or expenses.

15.7 Each indemnity in this Hire Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this Hire Agreement.

15.8 We will not be liable to you for any acts or omissions of any person supplied by us where that person is acting under your direction and control during the Hire Period.

16. When This Hire Agreement Terminates

16.1 Either party may terminate this Hire Agreement and any Hire Period immediately by giving notice to the other party if:

1. the other party breaches any term of the Hire Agreement and fails to rectify the breach within 14 days of written notification of the breach or
2. the other party becomes bankrupt or insolvent, executes a personal insolvency agreement, enters liquidation, administration, receivership or ceases to carry on business.

16.2 We may cease and terminate the Hire Agreement and any Hire Period for any other reason on 24 hours' notice.

16.3 These termination rights are in addition to any other rights either party has under the Hire Agreement and do not exclude any right or remedy under law or equity.

17. Recovery of the Equipment

If you are in breach of the Hire Agreement or if the Hire Agreement or a Hire Period has been terminated under clause 16, we may take all steps necessary (including legal action) to recover the Equipment, including entering your premises to do so. Upon receiving written notice from us, you expressly consent to us entering your premises for the purposes of recovering our Equipment.

18. Equipment That Is Collected or Delivered in a Damaged and/or Defective Condition

If you collect or receive the Equipment (whichever is applicable) and find that it is broken, damaged and/or defective, you must notify us within 24 hours after you collect or receive the Equipment. If you do not notify us within this time period, we are entitled to assume that the Equipment you collected or received was in good order and condition.

19. Long Distance Maintenance

19.1 If you hire Equipment for use at a Long Distance Location, this clause 19 applies to you.

19.2 The PMP for all Equipment operating in a Long Distance Location will be subject to a per kilometre charge to and from the premises nominated by you, as specified by us. There will be no charge for the first 50 km either way.

19.3 Multiple items of Equipment you hire from us at the Long Distance Location will only be charged as one call out.

19.4 For the avoidance of doubt, you remain responsible for daily maintenance and care of all Equipment in accordance with clause 8, including but not limited to, daily checking of all fluids (fuel, oil, water, battery levels, etc), general tightening of any loose nuts, bolts, belts or fittings and lubrication of all grease points.

19.5 If the Equipment breaks down at a Long Distance Location, you will also pay us the costs associated with any attendance to the Long Distance Location and any other costs payable under this Hire Agreement.

20. Privacy

At Jobcam Pty Ltd, we take your privacy seriously. We will adhere to the National Privacy Principles in all dealings with you.

20.1 We may need to collect personal information about you, including but not limited to your full name and address, driver's licence, credit card details, date of birth, credit or business history and other personal information. You consent to us using your personal information in order to

1. fulfil functions associated with the hire of Equipment to you, including but not limited to assessing your credit rating or taking steps in accordance with clause 10;
2. provide services to you;
3. prevent theft of our Equipment;
4. enter into contracts with you or third parties, and
5. to market to you and maintain a client relationship with you.

20.2 You also consent to us disclosing your personal information:

1. to any credit provider or credit reporting agency for the purposes of obtaining information about your consumer or commercial credit or business history or your commercial activities or creditworthiness; and
2. to our service providers, contractors and affiliated companies from time to time to help improve and market our services to you.

20.3 You have the right to access the personal information we hold about you.

21. Force Majeure

21.1 Subject to clause 21.2, neither party will be held responsible for any delays in delivery, installation or collection due to causes beyond their control including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.

21.2 Nothing in clause 21.1 will limit or exclude your responsibility and liability under the Hire Agreement for Equipment that is lost, stolen or damaged beyond fair wear and tear during the Hire Period or has broken down or become unsafe to use due to your conduct or negligence.

22. Severability

If any part of this Hire Agreement becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.

23. Governing Law

The Hire Agreement is governed by the laws of the State or Territory of Australia where the Hire Agreement is entered into by the parties, and each party submits to the non-exclusive jurisdiction of the courts of that State or Territory.

24. Entire Agreement

The Hire Agreement as defined in clause 1, comprises the whole agreement between the parties. No additional terms and conditions (including any terms contained in any purchase order) apply to the hire of the Equipment unless agreed in writing by the parties.

25. No Reliance

Subject to clauses 16.1 and 16.3, you acknowledge that neither we nor any person acting on our behalf has made any representation or other inducement to you to enter into the Hire Agreement. You have not entered into the Hire Agreement in reliance on any representations or inducements (including in relation to the use of the Equipment) except for those representations contained in this Hire Agreement.

26. Variation

Except where clause 31 applies, from time to time, we may need to vary this Hire Agreement. If we intend to do so, you will be given 30 days written notice and a clear outline of our proposed amendments. If you have reasonable grounds to believe the change will be detrimental to your rights, you may terminate this Hire Agreement without penalty within 30 days of receiving our written notice. Any other variation of these terms and conditions must be agreed in writing by you and us.

27. No Waiver of Rights

Subject to clause 18, no delay or omission by a party to exercise any right, power or remedy available to that party as a result of a continuing breach or default under the Hire Agreement will impair any such right, power or remedy, nor will it be construed to be a waiver of that party's rights to take action or make a claim in respect of a continuing breach or default.

28. Review of Your Credit Approval

28.1 From time to time we may review any Credit Account we have with you without notice.

28.2 We may, at our discretion, decide to withdraw credit for any reason, including but not limited to if your circumstances change, you fail to make payments on time, or you fail to use the Equipment in accordance with the terms of the Hire Agreement.

28.3 If we withdraw credit you may terminate this Hire Agreement immediately by giving us written notice. However, if you do so, you must

1. pay amounts that were subject to credit in accordance with the terms on which that credit was provided and
2. still pay all amounts due to us under this Hire Agreement, including hire charges until the Equipment is back in our custody and possession.

29. Authorising This Hire Agreement

29.1 The person authorising any document which forms part of the Hire Agreement for and on behalf of you hereby warrants that he or she has your authority to enter into the Hire Agreement on your behalf and grant the security interests in connection with it and is empowered to bind you to the Hire Agreement and each security interest granted in connection with it.

29.2 Except where clause 31 applies, the person authorising this Hire Agreement indemnifies us against all losses, costs and claims incurred by us arising out of the person signing this Hire Agreement not in fact having such power and/or authority.

30. Claim for Payment

This Hire Agreement is a claim for payment under the Building and Construction Industry Security of Payment Act 1999 (NSW), the Building and Construction Industry Security of Payment Act 2002 (VIC), the Building and Construction Industry Payments Act 2004 (QLD), the Building and Construction Industry Security of Payment Act 2009 (SA), the Construction Contracts Act 2004 (WA), the Building and Construction Industry (Security of Payment) Act 2009 (ACT), the Building and Construction Industry Security of Payment Act 2009 (TAS), and/or the Construction Contracts (Security of Payments) Act 2009 (NT).

31. Provisions of This Agreement Excluded from Consumer Contracts

Where you are an individual acquiring goods or services wholly or predominantly for personal, domestic or household use or consumption, the following provisions of these Terms of Hire will not apply for the purposes of your Hire Agreement:

1. clause 26 (Variation); and
2. clause 29.1 (Authorising this Agreement).