Terms of service

TERMS AND CONDITIONS

 The terms and conditions below relate to the supply of goods and services offered by 'the Seller' to 'the Customer'.

1.    CONTRACT OF SALE CONDITIONS

1.1.        Definitions - Contract of Sale

'THE SELLER(S) ' Mobile Bevvy, (or the company or companies) listed on the Order for Purchase, Invoice, or Order for Hire.

'THE CUSTOMER ' refers to the person, firm, organisation, partnership, corporation or other entity (including a trust) submitting order from the Seller as identified in the Order for Purchase, or Credit Application.

'MATERIAL ' Means any kind of goods, materials, equipment 'and services offered by the Seller, including but not limited to the kinds of goods, services, equipment listed at this site.

 

1.2.         Liquor Licensing Acts (New South Wales)

Under the Liquor Act 2007, it is an offence for a licensee of licensed premises or any other person to sell or supply liquor to a person under the age of 18 years on licensed premises or elsewhere.

 

1.3.        Website Content Terms

The materials and services (including all software) at this site are provided "as is" without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The Seller's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this site should be construed to alter such agreements.

The Seller further does not warrant the accuracy and completeness of the materials, information or services at this Site.

The Seller may make changes to the materials and services at this Site, or to the products and services described in them, at any time without notice. The materials and services at this Site may be out of date, and the Seller makes no commitment to update the materials and services at this Site.

Information published at this Site may refer to products, programs or services that are not available in your country. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

 

1.4.        Ordering

When placing an order with the Seller, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.

The Seller is not bound to accept any order to purchase and may not accept any purchase for any reason and is the sole discretion of the Seller.

The Seller warrants that it has the right to sell and transfer full and unencumbered title to, and property in the goods, to the Customer.

 

1.5.        Online and Phone Payment Options

The Seller accepts the following forms of payment:

  • Visa
  • MasterCard
  • Seller Gift Cards
  • PayPal
  • Cash (Click and Collect Only).
  • The Seller does not accept Cheques.
  • Cryptocurrencies (as specified).

  

1.6.        Delivery

 Address for Delivery

​You agree that the address to which the Seller may deliver is the address provided by you as part of your submitted order to the Seller.

The Seller will not deliver unless all requested delivery details are provided when you place your order.

​

1.7.        Delivery Pre-conditions

​It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.

You agree that the Seller may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.

The Seller will not deliver your order if we consider any delivery circumstances may be unsuitable for any reason, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they may be under 18 years).

The Seller may not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.

  

1.8.        Delivery Times

​The Seller will endeavour to deliver within the times nominated and paid for by you at the time of your order. You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be longer than times nominated and paid for by you.

​

1.9.        Delivery Returns/Non-collection

​If having commenced delivery or preparation for collection of your order, the Seller return any ordered products to our storage facility, if any of your ordered products are not collected after receiving confirmation that your order is ready; the Seller will refund the amount paid by you for those products (in the absence of an arrangement with you for re-delivery or collection), you agree that we may deduct an amount from this refund amount on account of the costs incurred by us in returning the relevant products to storage facility. You agree that we may make such deduction where we were unable to deliver due to circumstances beyond our reasonable control (including because of the wrong address appearing to us to have been given) or where we did not complete delivery because of any of the "Delivery pre-conditions" above not being met.

You may email us about any non-delivery matters by using the "Contact Us" facility on mobilebevvy.com.au or by telephoning the Seller during business hours on 0451 161 658.

 

1.10.        Cancellations by The Customer

​You agree that you cannot change or cancel an order after it has been placed.' If you wish to change or cancel your order please contact us on 0451 161 658 during the business hours, or via email, as listed on our website.

If the Seller agrees to you changing or cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, to the ordered products being in their original condition and packaging. You will be required to pay an agreed amount commensurate with the reasonable costs of processing the change or cancellation.

If your order has already been processed, you may still be able to return your order, directly to the Seller. 'Returns & Refunds' conditions will apply.

​

1.11.                    Delivery Records

​The Seller may record all details of and incidental to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, complying with record keeping requirements under liquor licensing laws and law enforcement.

​

1.12.                   Risk

​You agree that risk of loss or damage to products purchased by you passes on delivery.

​

1.13.                   Title and Place of Supply

​You agree that title to the products you buy from us (and the place of our supply of those products to you) occurs at the place where the Seller dispatch the products to your order. We do not supply alcohol to you at places which are not licensed under applicable alcohol licensing laws, even though such other places may be the delivery location. Immediately on us making a refund to you for any products (less any amount you have agreed the Seller may deduct, for example under 'Delivery returns/Non-collection' or 'Cancellations' above) you agree that title in those products shall pass back to us.

  

 

2.   HIRE CONTRACT CONDITIONS  

2.1.        Definitions - Hire Contracts

'COMMENCEMENT ' The date and time when the Customer takes possession of the Equipment.

'EQUIPMENT ' Means any kind of Equipment, including but not limited to the following kinds of goods or goods suitable for the following kinds of uses: cooling, gas and liquid dispensing systems, kegs and containers (including associated plumbing; and includes tools and parts and accessories for any of the foregoing.

'THE SELLER(S) ' Mobile Bevvy, (or the company or companies) listed on the Order for Purchase, Invoice, or Order for Hire.

'THE CUSTOMER ' refers to the person, firm, organisation, partnership, corporation or other entity (including a trust) hiring the Equipment from the Seller as identified in the Credit Application or Order for Hire.

'HIRE CHARGE ' The amounts shown on the Order for Hire payable by the Customer to hire the Equipment.

'HIRE PERIOD ' Means from Commencement until the end of the period shown on the Order for Hire. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if the Seller agrees. The Seller may issue an amended Order for Hire for any extension of the hire period.

'ORDER FOR HIRE ' Means a document in such form as the Seller shall require, setting out the terms of the hire of Equipment, including the particulars of the Equipment and the Hire Period and such other information as the Seller may decide to include.

'REMOTE AREA ' Any location which is more than 50 kilometres from the Seller's point of despatch from where the Equipment can be sourced.

  

2.2.        NOTE TO THE CUSTOMER

Customer's should read these Hire Contract Conditions very carefully. They contain terms and conditions which may impact you, including that;

  • The liability of the Seller to its Customers is excluded in some circumstances; and
  • Customers may be liable for damage to goods that are hired by them, and for damage to goods or property owned by a third party; and
  • The Seller's Privacy Policy permits the Seller in some circumstances and subject to compliance with the Australian Privacy Principles to provide data about a Customer, or data provided by a Customer, to a third party in a form that may enable the third party to identify the Customer.

These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by the Seller and the Customer in writing. The Seller agrees to hire Equipment to the Customer on terms set out in this document.

If the Customer wishes to hire Equipment, the Seller will issue to the Customer an Order for Hire, setting out the terms of the hire of that Equipment. Each Order for Hire is not a separate contract but forms a part of this Hire Contract between the Seller and the Customer, together with any credit application, guarantee and indemnity or other contractual documents. The Customer agrees to receive hire schedules and all associated documentation by electronic means, or by printed or other form where electronic means are not available. The Customer must check the Order for Hire on receipt and unless the Customer notifies the Seller before collection of the Equipment that it disagrees with anything in the Order for Hire, the terms of the Order for Hire are accepted by the Customer. The Seller may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.

NOTE, these Hire Contract Conditions may be amended by the Seller from time to time by the Seller giving notice of the amendment to the Customer. Notice is deemed given when the Seller does any of the following:

  • sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer;
  • publishes the amended terms on its website or
  • displays the amended terms at premises from which the Seller conducts hire operations.

Changes to these Hire Contract Conditions will only apply to Hire Schedules entered into after the change has been notified to the Customer by one of the methods mentioned above.

  

2.3.        Property in Delivery Equipment

Each order which is placed will comprise of the terms in the Website Content Terms, Ordering, Delivery, and Delivery Pre-conditions . The Customer acknowledges that a purchase to supply the goods may also require the Seller to include the delivery of equipment including kegs, casks, barrels, reusable drums, dispensing systems and accessories, and pallets (Delivery Equipment).

Property in Delivery Equipment supplied by the Seller with the goods will not pass to the Customer. The Customer is entitled to hold the Delivery Equipment on behalf of the Seller only for the purposes of the consumption of the liquid content or such other purpose permitted by the Seller, or legislation and regulation.

All empty kegs, casks, barrels, reusable drums, dispensing systems and accessories, and pallets will be returned to the Seller at the Customer's cost. Where delivery is arranged by the Seller, the Customer must retain these items in good order and condition until collected by the Seller or its authorised agent.

If kegs, casks, barrels, reusable drums, dispensing systems and accessories are not returned, a fee equivalent to the cost of these types of Property in Delivery Equipment plus GST and any other expenses incurred by the Seller may be invoiced to the Customer.

Subject to the Seller's prior agreement, and provided that the pallets are in good order and condition, any pallets supplied by the Seller may be exchanged with the Customer's pallets or a pallet dehire arrangement may operate.

If pallets are not returned, exchanged or dehired, a fee equivalent to the cost of the pallets or the pallet hiring charge plus GST and any other expenses incurred by the Seller may be invoiced to the Customer.

The Customer warrants that any Delivery Equipment is not, and will not become, a fixture, and further agree to allow the Seller to do such things as it considers necessary to ensure that equipment does not, and will not become, a fixture (including un-affixing equipment). Where required by the Seller, the Customer will procure consents from the landlord and any freehold mortgagee of premises in which any equipment is located, in a form reasonably required by the Seller, to ensure that the Seller's rights to any equipment are protected.

The Customer must not alter, damage, remove or tamper with any packaging that the goods are supplied in, such as kegs, casks, barrels, reusable drums and pallets.

The Seller may use the tokenised Customer's Credit Card or Account details to facilitate credit card or online payment for any Property in Delivery Equipment not returned (refer also clause 2.6.' Payments By The Customer To The Seller').

  

2.4.        THE SELLER'S OBLIGATIONS

 The Seller will:

2.4.1.     Allow the Customer to take and use the Equipment for the Hire Period;

2.4.2.    Provide the Equipment to the Customer clean and in good working order;

2.4.3.    Collect the Equipment within five days of being requested to do so by the Customer and issuing to the Customer a 'Collect Number'.

2.4.4.    NOTE TO CUSTOMER: You must return the Equipment at your expense when due back unless you obtain a Customer 'Collect Number' from the Seller.

   

2.5.         OBLIGATIONS OF THE CUSTOMER

 The Customer must:

2.5.1.          Deliver the Equipment to the Seller when it is due back;

2.5.2.         Return the Equipment to the Seller clean and in good repair;

2.5.3.         Satisfy itself at Commencement that the Equipment is suitable for its purposes;

2.5.4.         Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer's instructions whether supplied by the Seller or posted on the Equipment;

 

NOTE TO CUSTOMER: You MUST advise the Seller if you require any further instruction on the operation and safe use of the Equipment when delivered or collected. 

 

2.5.5.         Indemnify the Seller for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;

2.5.6.         Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised;

2.5.7.         Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed;

2.5.8.        Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;

2.5.9.         Safely secure all items loaded in or on the Equipment or in or on the Customer's vehicle, and indemnify the Seller in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer;

2.5.10.     Operate the Equipment only with ancillary accessories provided by the Seller;

2.5.11.      Report and provide full details to the Seller of any accident or damage to the Equipment within two business days of the accident or damage occurring;

2.5.12.     Sign any documentation requested by the Seller at such intervals as reasonably stipulated by The Seller, to confirm the Customer's acceptance of these Hire Contract Conditions;

2.5.13.     Assist and co-operate fully and promptly with the Seller and/or its insurer in the investigation, settlement or defence of any claim or matter relating to an Order for Hire on which the Customer is named;

2.5.14.     Remain responsible for the care and safekeeping of the Equipment until collected by or delivered back to the Seller.

The Customer must NOT:

2.5.15.     Tamper with, damage or repair the Equipment;

2.5.16.     Lose or part with possession of the Equipment;

2.5.17.      Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;

2.5.18.     Allow any person to operate the equipment if the person:

2.5.18.1.               is under 18 years of age; or

2.5.18.2.              is affected by drugs and/or alcohol.

2.5.19.     Exceed the recommended or legal load and capacity limits of the Equipment;

2.5.20.    Use or carry any illegal, prohibited or dangerous substance in or on the Equipment;

   

2.6.        PAYMENTS BY THE CUSTOMER TO THE SELLER   

2.6.1.         On or before Commencement (or as otherwise specifically agreed with The Seller), the Customer will pay the Hire Charge.

2.6.2.        Immediately on request by The Seller, the Customer will pay:

2.6.2.1.     the new list price of any Equipment which is for whatever reason not returned to The Seller.

NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment.

2.6.2.2.          all costs incurred in cleaning the Equipment;

2.6.2.3.         the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;

2.6.2.4.         stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer's use of the Equipment;

2.6.2.5.         all costs incurred by the Seller in delivering and recovering possession of the Equipment;

2.6.2.6.         for late payment of amounts owing by the customer, a service charge of 1.54% per month is applicable. (Note, rate subject to change without notice).;

2.6.2.7.         any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by the Seller in enforcing this Contract due to the Customers default;

2.6.2.8.        if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract; and

2.6.2.9.         Hire fees for the period from the commencement of the hire until the Equipment is returned or a customer 'Collect Number' is obtained from The Seller.

2.6.3.        Without limiting the ability of the Seller to recover all amounts owing to it, the Customer authorises the Seller to charge any amounts owing by the Customer to any credit card or account details of which are provided to the Seller.

2.6.4.        The Seller may tokenise the Customer's Credit Card or Account details to facilitate credit card or online payments.

 

2.7. PPS LAW

2.7.1.         This clause applies to the extent that this Contract provides for a 'security interest' for the purposes of the Personal Property Securities Act 2009 (Cth) ('PPS Law'). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation.

2.7.2.         The Seller may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which the Seller requires for the purposes of

2.7.2.1.     ensuring that The Seller's security interest is enforceable, perfected and otherwise effective under the PPS Law;

2.7.2.2.     enabling the Seller to gain first priority (or any other priority agreed to by the Seller in writing) for its security interest; and

2.7.2.3.     enabling the Seller to exercise rights in connection with the security interest.

2.7.3.         The rights of The Seller under this document are in addition to and not in substitution for The Seller's rights under other law (including the PPS Law) and the Seller may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Seller security interest will attach to proceeds.

2.7.4.         To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are 'contracted out' of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Seller to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Seller to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).

2.7.5.         The following provisions of the PPS Law: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on The Seller. Customer agrees that in addition to those rights, the Seller shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Customer agrees that the Seller may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.

2.7.6.         The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.

2.7.7.         The Seller and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to the Seller the benefit of section 275 (6)(a) and the Seller shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.

2.7.8.        Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any 'security interest' (as defined in PPS Law) in the Equipment other than with the express written consent of The Seller.

2.7.9.         Customer must not lease, hire, bail or give possession ('sub-hire') of the Equipment to anyone else unless the Seller (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Seller and must be expressed to be subject to the rights of the Seller under this agreement. Customer may not vary a sub-hire without the prior written consent of the Seller (which may be withheld in its absolute discretion).

2.7.10.    Customer must ensure that the Seller is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.

2.7.11.     Customer must take all steps including registration under PPS Law as may be required to:

(a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law;

(b) enabling the Customer to gain (subject always to the rights of The Seller) first priority (or any other priority agreed to by the Seller in writing) for the security interest; and

(c) enabling the Seller and the Customer to exercise their respective rights in connection with the security interest.

  

2.8.                      LIABILITY and INSURANCE 

Liability for damage to the Equipment can be limited in some circumstances only by the payment of an Insurance charge and subject to the following;

2.8.1.        Upon negotiation with the Customer in writing, the Seller may agree to greater responsibility and liability than set out in the sub-paragraphs 2.8.1 to 2.8.6 of the above provision upon payment of additional charges by the Customer as required. Applicable rates for greater responsibility and liability are subject of discussion and negotiation between the parties. 

 

2.8.2.        Should the Customer not choose nor the parties agree to the Seller taking greater responsibility and liability for the Property In Delivery Equipment for additional charge pursuant to subparagraph (2.8.1) above, the parties agree that the Seller provides a service on the premise that it has the right to exclude or limit liability and/or seek indemnity as provided for in this Agreement. 

 

2.8.3.        Alternatively, the Customer may choose a limited insurance cover provided by the Seller subject of specific declared values, premiums and policy limits. 

 

2.8.4.        In respect of (2.8.3) above, the Seller arranges the insurance as agent only for the Customer through a licensed insurance broker with an insurer. Any such insurance so arranged will be subject to the usual exceptions and conditions of policies of the insurer taking the risk including its product disclosure statement, financial services guide and policy schedule which the Customer acknowledges it has read and are available on the Seller's website or on request. Should such insurers dispute liability for any reason, the Customer as the insured shall have no recourse against the Seller whatsoever and any recourse by the Customer shall be against the insurer. 

 

2.8.5.        Depending on the level of responsibility and liability or insurance/warranty cover agreed or arranged as between the Customer and the Seller pursuant to sub-paragraphs (2.8.1) and/or (2.8.3) above, the Customer may need to consider seeking its own insurance cover for loss or damage it may incur that is not fully indemnified by the Seller or insurances or warranties pursuant to subparagraphs (2.8.1) and/or (2.8.3) above. Other than the insurances or warranties agreed to be arranged for the Customer by the Seller pursuant to sub-paragraph (2.8.3) above, no insurance will be arranged or effected by the Seller on the Customer's behalf. 

 

2.8.6.        Should the Customer choose to insure itself or others for any loss or damage it may incur as a result of the Property In Delivery Equipment whether insurance is arranged by the Seller, itself or otherwise, the Customer agrees that any rights of subrogation of the insurer are fully waived as against the Seller, its employees agents or Subcontractor(s) in respect of the Property In Delivery Equipment.  

 

2.8.7.        INSURANCE DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER'S LIABILITY IN THE FOLLOWING CIRCUMSTANCES;

2.8.7.1.          where the Equipment is lost. (Stolen equipment must be supported by reference number provided by Police once reported) ;

2.8.7.2.         where the operator is not suitably licensed;

2.8.7.3.         where the operator is affected by drugs and/or alcohol;

2.8.7.4.         where the equipment has been willfully damaged at any time during the Hire Period;

2.8.7.5.         where the damage is caused by rolling or detachment while the Equipment is being transported by the Customer;

2.8.7.6.         where the damage is caused while the Equipment is being transported by the Customer on any road that is unsealed or is not a public road;

2.8.7.7.         where the damage is caused in any way by loading over or adjacent to the Equipment while being transported by the Customer;

2.8.7.8.         where the damage is caused by flash flooding or general water damage;

2.8.7.9.         where the damage is caused by a collision of any description while being transported by the Customer;

2.8.7.10.     if any damage is caused by the Customer to any property or goods whatsoever owned by a third party as a result of or during the use of a the Seller's Equipment, and if the Customer has breached any provision of this Contract or if any of the circumstances described in clauses 2.8.7.1 - 2.8.7.9 have occurred, the Customer will be liable for the full cost of that third party property damage to the extent caused by the Customer. If the Customer has not breached this Contract and none of the circumstances described in clauses 2.8.7.1 - 2.8.7.9 have occurred, the Customer will be liable for the full cost of the third party property damage to the extent caused by the Customer.

Credit account customers will have the Insurance charge applied to all relevant hires unless the Customer has declined the Insurance charge on their credit application or opted out by providing notice to the Seller in writing.

Any insurance charge paid will be shown on the Order for Hire and may vary for different classes of Property in Delivery Equipment.

 

2.9.        EXCLUSION OF WARRANTIES AND LIABILITIES. 

 

2.9.1.    Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.

2.9.2.   Where the Australian Consumer Law applies and the Equipment is not of a kind ordinarily acquired for personal domestic or household use or consumption, the Seller liability in respect of any guarantee is limited to the replacement or repair of the Equipment, or the cost of having the Equipment repaired or replaced.

2.9.3.    To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. The Seller makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer. 

 

2.10.                  REMOTE HIRE 

Where the Equipment is at any time hired by the Customer to be located in a Remote Area, the following clauses will also apply, in addition to the obligation of the Customer under Clause 2 and elsewhere in these Hire Contract Conditions;

2.10.1.     The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by the Seller ('Remote Area Charges'). The Remote Area Charges will be calculated on a per kilometer rate travelled by the Seller's staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by the Seller and its staff in connection with travel to and from the Remote Area;

2.10.2.    Multiple items of Equipment hire by a Customer on the one site will only be charged for one call out fee;

2.10.3.    The Customer is responsible at its cost for daily maintenance and care of all Multiple items of Equipment hire by a Customer on the one site. 

 

2.11.                   BREACH OF HIRE CONTRACT BY CUSTOMER 

If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:

2.11.1.      The Seller shall be entitled to:

2.11.1.1.       terminate this Contract; and/or

2.11.1.2.      sue for recovery of all monies owing by the Customer; and/or

2.11.1.3.      repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so), and any Insurance referred to in clause 2.8 is immediately invalidated.

2.11.2.     The Customer indemnifies the Seller in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract. 

 

2.12.                  DISPUTES 

2.12.1.    The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to the Seller in writing within 30 days of the hire contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.

2.12.2.     If a dispute arises relating to this contract, the hiring or the use of the Equipment (except in regard to payments due to The Seller), the parties agree to negotiate to settle the dispute with the assistance of the NSW Fair Trading before litigation.

 

2.13.                  EQUIPMENT DATA 

The Seller's Equipment may contain on-board devices (each a GPS Device) which enable the Equipment to be connected to the internet and to send commands to and receive certain information from the Equipment, including geolocation data from a global positioning system and other data including but not limited to speed, battery voltage and ignition status of such Equipment. By hiring any Equipment from the Seller, the Customer expressly consents to the Seller's use of the GPS Device on such Equipment during the Hire Period and to the Seller collecting, using and retaining information from the GPS Device in accordance with our Privacy Policy, and that the Seller is the owner of that data subject to your rights as set out in our Privacy Policy. 

 

2.14.                  PRIVACY 

The Seller will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the Seller's Privacy Statement is available upon request or by visiting www.mobilebevvy.com.au/pages/privacy-statement.  

 

2.15.                   GOVERNING LAW 

The Seller and the Customer agree that this Contract is governed by the law of the state of New South Wales, and the parties submit to the jurisdiction of the courts of that State. 

 

2.16.                  CONTACTLESS COLLECTION AND RETURN 

2.16.7.    The Seller may in its discretion, and subject to satisfactory identification of the Customer and its authorised representatives, issue an Identification Number to an individual authorised representative of the Customer to allow self-collection and self-return of the Equipment by the Customer from and to a the Seller 'Collection Point'. The Identification Number may be withdrawn by the Seller in its discretion at any time. The Customer must comply with all requirements stipulated from time to time by the Seller for collections and returns using the Identification Number, including that the Customer must;

2.16.8.     Follow all directions given by the Seller as to the procedure for obtaining access to the Collection Point;

2.16.9.     Enter the Collection Point at its own risk, and any injuries or death or damage to equipment or property that may occur while loading or unloading Equipment or in any other circumstances while the Customer is accessing the Collection Point are the responsibility of the Customer;

2.16.10. Ensure that access to the Collection Point is closed and locked when leaving the Collection Point, failing which the Customer will be liable for any theft or attempted theft of Equipment from the Collection Point, or for any damage to Equipment at the Collection Point, or damage to the Collection Point itself;

2.16.11.  Consent to being filmed or photographed by CCTV while at and entering and leaving the Collection Point;

2.16.12. Before it enters the Collection Point, ensure that it has requested and obtained from the Seller any assistance it may require as to the operation and safe use of the Equipment;

2.16.13. At all times keep confidential the Identification Number, and ensure that the Identification Number is only used by the person to whom it is issued and that no other persons are given access to the Collection Point at any time; and

2.16.14. Only take into their possession, Equipment detailed on an active Order for Hire provided to the Customer by the Seller.