Terms & Conditions of Hire

1. Hire Agreement Between You and Us

1.1 These Terms of Hire, together with (a) the Jobcam Security Proposal, and (b) any Special Conditions we send you by email, form the agreement between you and us for the hire of the Equipment (the "Hire Agreement").

1.2 You accept the Hire Agreement, and agree to be bound by it, when the first of the following happens: you accept our quotation or Jobcam Security Proposal (including electronically, by clicking or otherwise indicating acceptance, or by accepting online when requesting or approving a quote); you sign any document forming part of it; or you take possession of, or allow us to deliver or install, the Equipment.

1.3 Any email correspondence relating to Jobcam is valid only if sent from, or to, a company email address ending in @jobcam.com.au.

1.4 It is important that you read and understand all of these Terms of Hire before hiring from us. If anything is unclear, please ask us before you accept.

2. Definitions

Definitions of terms and abbreviations used in this document:

"Credit Account" means any credit 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, batteries, transmission and ancillary devices, and any associated parts that form part of the hire equipment.
"Footage" means the images, video, audio (if any) and data captured, transmitted, displayed or stored by the Equipment or the Online Platform.
"GST" has the meaning given in clause 6.
"Hire Charge" or "Hire Charges" means the rates and charges payable in advance by you for the hire of the Equipment.
"Hire Period" means the period for which the Equipment is hired, as described in clause 4.
"Jobcam Security Proposal" means the document we provide to you setting out essential information, including (without limitation) the Equipment you have hired, the hire rates that apply, the delivery address of the Equipment and any other applicable charges.
"Long Distance Location" means a location beyond 50km from the local branch.
"Non-Excludable Provision" has the meaning set out in clause 22.3.
"Off Hire Date" means one month from the date you notify us by email that the Equipment is no longer required and is available for collection. The Off Hire Date will be confirmed by email from us on receipt of your request.
"Online Platform" means the Jobcam online portal, website login and/or app through which the Equipment and Footage are accessed remotely.
"PMP" means the electronically managed preventive maintenance programme we (or our agent) operate for all Equipment, involving regular on-site attendance by our service team to conduct routine servicing and general maintenance.
"PPSA" means the PPS Act and any other legislation and regulations in respect of it; and the following words used in clauses 16.2, 17 and 38 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 98 661 836 264).
"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 of your employees, agents and contractors.

3. Our Hire Commitment to You

3.1 We agree to hire you the Equipment, and will

provide you with the Equipment in good working order; and
subject to clause 9, allow you the exclusive use of the Equipment during the Hire Period.

3.2 Our commitment in clause 3.1 is to be read together with clause 10 (Solar Power, Sunlight and Environmental Conditions), which explains how our solar-powered Equipment operates.

4. The Hire Period

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

you take possession of the Equipment; or
we deliver the Equipment to the address you provide 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 applies to you and the method of calculation.

5.3 We reserve the right to charge for a minimum period of hire for Equipment. Details of any minimum hire period will be given before the Hire Period commences.

5.4 Except in the circumstances set out in clause 5.5, you will be charged for hiring the 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 that date.

5.5 If you have requested that we deliver and collect the Equipment and we have agreed, Hire Charges commence from the time the Equipment leaves our premises and continue until one month from the date you notify us that it is no longer required and 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. GST

6.1 Unless otherwise stated, all Hire Charges and other amounts payable under this Hire Agreement are exclusive of GST.

6.2 Where GST is payable on a taxable supply we make under this Hire Agreement, you must pay us the GST in addition to the amount otherwise payable, at the same time and on receipt of a valid tax invoice.

6.3 Terms used in this clause have the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

7. Other Charges

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

for relocation of the system by us, if you require it;
for any attendance to reconfigure, change or adjust the system;
for the cleaning and repair of the Equipment if it is not returned in clean and good working condition; and
any other applicable fees, charges, penalties and/or government charges arising out of your use of the Equipment.

8. Payment

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

8.2 You must pay all amounts in full, without any deduction, withholding, set-off or counterclaim. If you genuinely dispute part of an invoice, you must still pay the undisputed part by the due date and notify us of the disputed part in writing within seven days of the invoice date. Raising a dispute does not entitle you to withhold payment of amounts that are not genuinely in dispute.

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

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

9. Your Obligations to Us

9.1 This Hire Agreement is exclusive to you. 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.

9.2 You agree that, by accepting the Equipment, you have satisfied yourself as to the suitability, condition and correctness of the Equipment for the job you intend to use it for. Subject to clauses 22.2 and 22.3, we make no representations and give no guarantee or warranty that the Equipment is suitable for your intended purpose.

9.3 To help ensure the system runs as designed during the Hire Period, you and your employees, agents and contractors must not relocate, lower, cover, shade or obstruct the system or its solar panels. The Jobcam system may only be moved or adjusted by authorised Jobcam technicians.

9.4 You must take care of the Equipment during the Hire Period. You must:

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

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

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

9.7 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 the Equipment may have been contaminated, you must effectively decontaminate it and provide us with written details of the decontamination process implemented. If, in our reasonable opinion, the Equipment is not capable of being decontaminated, you will be charged for its replacement cost.

9.8 You must not relocate or interfere with the Equipment in any way. If you need a change made, contact us; we will provide authorisation by email if approved.

10. Solar Power, Sunlight and Environmental Conditions

Please read this clause carefully. It explains how our solar-powered Equipment works and what that means for your hire and your payment obligations.

10.1 You acknowledge and agree that the Equipment is solar-powered. It relies on sufficient sunlight reaching its solar panels to generate and store the electrical charge needed to power the cameras, transmission, lighting and other functions. The performance and availability of the Equipment is therefore directly dependent on the amount of sunlight its solar panels receive.

10.2 You acknowledge that each of the following is an inherent characteristic of solar-powered equipment and is not a fault, defect, breakdown, failure or malfunction of the Equipment, and does not mean the Equipment is "down", "unfit for use", defective, or not of acceptable quality:

reduced, intermittent, suspended or no operation caused by insufficient sunlight, including where the Equipment, its panels or the site are shaded by buildings, structures, scaffolding, cranes, plant, stockpiled materials, trees, terrain or other obstructions (whether present at the start of the hire or arising during it);
reduced or no operation because the Equipment is positioned — or because site conditions change so that the Equipment is positioned — in a location that does not receive adequate direct sunlight;
reduced or no operation during or following periods of cloud, rain, storms, fog, smoke, haze, dust, snow or other adverse or overcast weather, including extended consecutive days of such weather;
reduced or no operation caused by shorter daylight hours, low sun angles or seasonal variation in available sunlight; and
reduced or no operation caused by dust, dirt, debris, bird droppings or other material accumulating on the solar panels as a result of site or environmental conditions.

10.3 The matters described in clause 10.2 do not entitle you to any refund, rebate, credit, discount or reduction in Hire Charges, and do not entitle you to withhold, set off or delay any payment. They do not relieve you of any obligation under this Hire Agreement, including your obligation to pay the Hire Charges in full. Clause 20 (genuine breakdown) does not apply to the matters described in clause 10.2.

10.4 For clarity, this clause does not apply to a genuine fault or defect in the Equipment itself (for example, a faulty battery, panel, camera or other component) that is not caused by the environmental or siting matters described in clause 10.2. Genuine faults are dealt with under clause 20.

10.5 If you consider the Equipment is not receiving adequate sunlight, you must notify us. We may (but are not obliged to) attend the site to assess the position and, where practical, recommend or carry out a change to the Equipment's location. Any such attendance or relocation is subject to the charges in clause 7, unless the lack of sunlight is caused by a genuine fault in the Equipment.

10.6 You are responsible for ensuring that the location you nominate, and the way your site is run, allow the Equipment adequate access to sunlight. You must not move, lower, cover, obstruct or shade the Equipment or its solar panels (see clauses 9.3 and 9.8), and you must take reasonable steps to prevent your works, plant, materials or personnel from obstructing sunlight to the panels.

11. Site Suitability, Placement and Access

11.1 You are responsible for selecting and approving the location(s) at which the Equipment is installed, having regard to your security and monitoring needs and to clause 10 (sunlight). Where you ask us to recommend a position, any recommendation we give is provided in good faith based on the conditions at the time and is not a guarantee of sunlight, network coverage, image quality or any security outcome.

11.2 You warrant that you are authorised to install the Equipment at the site, that you have obtained all necessary consents, permits and approvals (including from the landowner, principal contractor, local council or other authority) required to install and operate the Equipment, and that you will keep them current for the Hire Period.

11.3 You must provide safe, clear and timely access to the site and to the Equipment for delivery, installation, servicing (including the PMP), relocation, inspection and collection, including meeting any site induction, traffic-management or safety requirements. If we are unable to access the site or the Equipment for an agreed visit, we may charge for the wasted attendance under clause 7.

11.4 You are responsible for ensuring the ground and surrounds where the Equipment is placed are suitable and safe for it (including stability and protection from site traffic), and for advising us of any underground services, hazards or site-specific risks relevant to installation, service or collection.

12. Mobile Network, Connectivity and Online Platform

12.1 The Equipment transmits Footage and data, and provides remote access through the Online Platform, using third-party mobile (cellular) networks and internet services. The availability, speed and reliability of those networks and services are outside our control.

12.2 You acknowledge that interruption, delay, reduced image quality, or loss of live viewing, transmission or recording caused by mobile network coverage or blackspots at or around the site, network congestion or outages, internet outages, or third-party service failures, are not faults, defects or breakdowns of the Equipment. Clauses 10.3 and 20.3 apply to these matters in the same way as they apply to environmental conditions, and they do not entitle you to any credit, set-off or withholding of payment.

12.3 We provide access to the Online Platform on an "as available" basis, and may carry out maintenance, updates or changes to it from time to time. Your right to access the Online Platform and any stored Footage ends when the Hire Period ends.

12.4 We do not warrant that transmission, recording or storage will be continuous or uninterrupted, or that any particular Footage will be captured, retained or available. If there is Footage you need to keep, you are responsible for downloading and saving it during the Hire Period.

13. Footage, Monitoring and Security — No Guarantee

13.1 The Equipment is a site monitoring and deterrence aid. We do not guarantee, and you do not rely on us to guarantee, that the Equipment will prevent or deter, or capture usable evidence of, any theft, trespass, vandalism, damage, injury or other incident at your site.

13.2 You acknowledge that the Equipment is not a monitored alarm service, not a security-guard service, and not a substitute for appropriate site security, insurance or safety measures, and that you remain responsible for the security of your site, personnel and property.

13.3 To the maximum extent permitted by law, and subject to clause 22, we are not liable for any loss, theft, damage, injury or other consequence arising at or in connection with your site, including any failure of the Equipment to capture, record, transmit, store or retain Footage of any event.

13.4 Unless otherwise agreed in writing, Footage is retained only for the period and in the manner set out in the Jobcam Security Proposal or our standard Online Platform settings, after which it may be overwritten or deleted.

14. Insurance

14.1 From the commencement of the Hire Period until the Equipment is back in our possession, you must, at your own cost, insure the Equipment for its full replacement value against loss, theft and damage, and maintain appropriate public liability insurance. On request, you must provide us with evidence of that insurance.

14.2 Insuring the Equipment does not limit or replace your obligations or liability under clauses 18, 21 or any other provision of this Hire Agreement.

15. Surveillance Laws, Privacy and Lawful Use of Footage

15.1 You are responsible for ensuring that your installation and use of the Equipment, and of any Footage, complies with all applicable laws, including surveillance devices, workplace surveillance, privacy and data laws (for example, any requirement to notify workers, display signage, or avoid recording in particular areas).

15.2 You must not use the Equipment or any Footage for any unlawful purpose. You indemnify us against any claim, loss, cost or liability arising from your installation or use of the Equipment or Footage, or your breach of this clause, except to the extent caused by our breach of this Hire Agreement or our negligence.

16. Remember, We Own the Equipment

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

16.2 Except in the circumstances set out in clause 17, you are not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge, create any form of security interest over, or otherwise deal with the Equipment in any way.

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

17. Personal Property Securities (PPS)

17.1 You consent to us effecting 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 we require 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.

17.2 You undertake to:

do anything (including executing any new document or providing any information) 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, rights and obligations are not adversely affected by the PPSA;
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
not register, or permit to be registered, a financing statement or financing change statement in relation to the Equipment in favour of a third party without our prior written consent.

17.3 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 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 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.

17.4 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.

17.5 For the purposes of section 20(2) of the PPS Act, the collateral is Equipment, including any Equipment 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.

17.6 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.

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

18. Responsibility for the Equipment

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

19. Return of Equipment

19.1 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 excepted. If you return the Equipment and it requires cleaning, we will charge a cleaning cost in accordance with clause 7(c).

20. If the Equipment Genuinely Breaks Down

20.1 If the Equipment suffers a genuine fault or breakdown during the Hire Period (subject to clauses 10.4 and 12.2, which explain what is not a breakdown), you must:

notify us as soon as you become aware of it;
take all steps reasonably necessary to prevent injury to persons or damage to property arising from the condition of the Equipment;
take reasonable steps to prevent further damage to the Equipment; and
not attempt to repair the Equipment without our written consent.

20.2 Except where clause 21.1 applies, on receiving notice from you under clause 20.1 we will:

take the necessary steps to repair the Equipment and/or provide substitute Equipment as soon as reasonably practicable; and
not charge a hire fee for that portion of the Hire Period during which the Equipment was genuinely down or unfit for use as a result of the fault, nor for any repair or replacement of the Equipment.

20.3 For the avoidance of doubt, the matters described in clauses 10.2 and 12.2 (solar, sunlight, weather, environmental, network and connectivity conditions) are not a breakdown, do not make the Equipment "down" or "unfit for use", and do not give rise to any hire credit under this clause.

21. If Equipment Is Lost, Stolen or Damaged

21.1 If the Equipment becomes down or 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

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

21.2 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 21.1. You will continue to pay the Hire Charges for the remainder of the Hire Period.

22. Indemnities and Exclusion of Liability

22.1 Subject to clause 22.3, 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, are excluded to the maximum extent permitted by law.

22.2 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 that cannot lawfully be excluded or limited. This may include the Australian Consumer Law, which contains guarantees that protect purchasers of goods and services in certain circumstances.

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

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
in the case of services, the supplying of the services again, or the payment of the cost of having the services resupplied.

22.4 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 negligence), in equity, under statute, under an indemnity, or on any other basis — is limited to an amount equal to the fees paid by you under this Hire Agreement.

22.5 Subject to clause 22.3, 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 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.

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

personal injury;
damage to tangible property; or
a claim by a third party,

arising in connection with your hire or use of the Equipment or your breach of this Hire Agreement. Your liability under this indemnity is reduced to the extent that our breach of this Hire Agreement or our negligence caused the liability, claims, damage, loss, costs or expenses.

22.7 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 expiry of this Hire Agreement.

22.8 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.

23. When This Hire Agreement Terminates

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

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
the other party becomes bankrupt or insolvent, executes a personal insolvency agreement, enters liquidation, administration or receivership, or ceases to carry on business.

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

23.3 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.

24. 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 23, we may take all steps necessary (including legal action) to recover the Equipment, including entering your premises to do so. On receiving written notice from us, you expressly consent to us entering your premises for the purpose of recovering our Equipment.

25. Equipment Collected or Delivered in a Damaged and/or Defective Condition

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

26. Long Distance Maintenance

26.1 If you hire Equipment for use at a Long Distance Location, this clause 26 applies to you.

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

26.3 Multiple items of Equipment you hire from us at the Long Distance Location are charged as one call-out.

26.4 For the avoidance of doubt, you remain responsible for the daily maintenance and care of all Equipment in accordance with clause 9.

26.5 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.

27. Privacy

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

27.1 We may need to collect personal information about you, including (without limitation) your full name and address, driver's licence, payment details, date of birth, credit or business history, and other personal information. You consent to us using your personal information in order to:

fulfil functions associated with the hire of Equipment to you, including assessing your credit rating or taking steps in accordance with clause 17;
provide services to you;
prevent theft of our Equipment;
enter into contracts with you or third parties; and
market to you and maintain a client relationship with you.

27.2 You also consent to us disclosing your personal information:

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

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

28. Force Majeure

28.1 Subject to clause 28.2, neither party will be held responsible for any delay in delivery, installation or collection due to causes beyond its control, including (without limitation) 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, or shortages of or inability to obtain shipping space or land transportation.

28.2 Nothing in clause 28.1 limits or excludes 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 that has broken down or become unsafe to use due to your conduct or negligence.

29. Severability

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

30. Governing Law

This 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.

31. 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.

32. No Reliance

Subject to clauses 23.1 and 22.3, 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, and that you have not entered into the Hire Agreement in reliance on any representation or inducement (including in relation to the use of the Equipment) except for those representations contained in this Hire Agreement.

33. Variation

Except where clause 38 applies, we may from time to time 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.

34. No Waiver of Rights

Subject to clause 25, no delay or omission by a party to exercise any right, power or remedy available to it as a result of a continuing breach or default under the Hire Agreement will impair that right, power or remedy, nor will it be construed as a waiver of that party's right to take action or make a claim in respect of a continuing breach or default.

35. Review of Your Credit Approval

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

35.2 We may, at our discretion, decide to withdraw credit for any reason, including 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.

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

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

36. Authorising This Hire Agreement

36.1 The person authorising any document forming part of the Hire Agreement, for and on behalf of you, warrants that he or she has your authority to enter into the Hire Agreement on your behalf and to 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.

36.2 Except where clause 38 applies, the person authorising this Hire Agreement indemnifies us against all losses, costs and claims incurred by us arising out of that person not in fact having such power and/or authority.

37. 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 2004 (NT).

38. 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:

clause 33 (Variation); and
clause 36.1 (Authorising this Agreement).