These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by Message Sign Hire and the Customer in writing. Message Sign Hire agrees to hire equipment to the Customer on terms set out in this document. If the Customer wishes to hire Equipment the Customer must complete and sign (or otherwise accept in the manner required by Message Sign Hire) a Hire Schedule and such other documents as Message Sign Hire may require. Each Hire Schedule is not a separate contract but forms a part of this hire agreement between Message Sign Hire and the Customer, together with any credit application, guarantee and indemnity of other contractual documents. The customer agrees to receive hire schedules and all associated documentation by electronic means. Message Sign Hire may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.
These Hire Contract Conditions may be changed by Message Sign Hire from time to time by Message Sign Hire giving notice of the amendment to the Customer. Notice is deemed given when Message Sign Hire does any of the following: (a) sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer; (b) publishes the amended terms on its website www.messagesigns.com.au; or (c) displays the amended terms at premises from which Message Sign Hire conducts hire operations.
Changes to these hire Contract Conditions will only apply to Hire Schedules and Contracts currently on hire or entered into after the change occurs.
- “Message Sign Hire” shall mean M1 Hire Pty Ltd T/A Message Sign Hire, its successors and assigns or any person acting on behalf of and with the authority of Message Sign Hire Services Pty Ltd.
- “Client” shall mean the Client or any person acting on behalf of and with the authority of the Client.
- “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Client on a principal debtor basis.
- “Equipment” shall mean Equipment supplied on hire by Message Sign Hire to the Client (and where the context so permits shall include any supply of services) and is as described on the invoices, quotation, authority to hire, or any other work authorisations forms as provided by Message Sign Hire to the Client.
- “Price” shall mean the cost of the hire of the Equipment as agreed between Message Sign Hire and the Client subject to clause 3 of this contract.
- “PPSA” shall mean the Personal Property Securities Act 2009 (Cth).
- Any instructions received by Message Sign Hire from the Client for the hire of Equipment and/or the Client’s acceptance of Equipment supplied on hire by Message Sign Hire shall constitute acceptance of the terms and conditions contained herein.
- Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
- Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of Message Sign Hire.
- The Client shall give Message Sign Hire not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Message Sign Hire as a result of the Client’s failure to comply with this clause.
Price and Payment
- At Message Sign Hire’s sole discretion, the Price shall be either;
- As indicated on invoices provided by Message Sign Hire to the Client in respect of Equipment supplied on hire; or
- Message Sign Hire’s current Price, at the date of delivery of the Equipment, according to Message Sign Hire’s current Price list; or
- Message Sign Hire’s quoted Price (subject to clause 3.2) which shall be binding upon Message Sign Hire provided that the Client shall accept in writing Message Sign Hire’s quotation within thirty (30) days.
- Message Sign Hire reserves the right to change the Price in the event of a variation to Message Sign Hire’s quotation.
- At Message Sign Hire’s sole discretion, a deposit may be required.
- At Message Sign Hire’s sole discretion, a bond may be required which shall be refunded upon return of the Equipment in a condition acceptable to Message Sign Hire.
- At Message Sign Hire’s sole discretion:
- Payment shall be due on delivery of the Equipment; or
- Payment shall be due before delivery of the Equipment; or
- Payment for approved Client’s shall be made by instalments in accordance with Message Sign Hire’s payment schedule; or
- Payment for approved Client’s shall be due on thirty (30) days from the date of the invoice.
- Time for payment for the Equipment shall be of the essence and will be state on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the date of the invoice.
- The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.
- Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to three and one half percent (3.5%) of the Price for standard credit cards, or up to five percent (5%) for AMEX), or by direct credit, or by any other method as agreed to between the Client and Message Sign Hire.
- GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
- Pricing shall be based on Equipment usage parameters predetermined by Message Sign Hire and as specified on the Quotation. Any usage in excess of those predetermined parameters (as recorded on the Equipment’s timing device) shall at Message Sign Hire’s sole discretion incur additional charges.
- Hire Charges shall commence from the time the Equipment is collected by the Client from Message Sign Hire’s premises and will continue until the return of the Equipment to Message Sign Hire’s premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
- If Message Sign Hire agrees with the Client to deliver and/or collect the Equipment, hire charges shall commence from the time the Equipment leaves Message Sign Hire’s premises and continue until the Client notifies Message Sign Hire that the Equipment is available for collection, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
- No allowance whatever can be made for time during which the Equipment is not in use for any reason, unless Message Sign Hire confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Client notifies Message Sign Hire immediately, hiring charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Client.
Delivery of Equipment
- At Message Sign Hire’s sole discretion delivery of the Equipment shall take place when:
- The Client takes possession of the Equipment at Message Sign Hire’s address; or
- The Client takes possession of the Equipment at the Client’s address; or
- Message Sign Hire’s nominated carrier takes possession of the Equipment in which event the carrier shall be deemed to be Message Sign Hire’s agent and risk for the Equipment does not pass until the Client takes possession of the Equipment at the Client’s address; or
- The Client’s nominated carrier takes possession of the Equipment in which event the carrier shall be deemed to be the Client’s agent.
- At Message Sign Hire’s sole discretion the costs of Delivery are:
- Included in the Price; or
- Are in addition to the Price; or
- Are for the Client’s account.
- The Client shall make all arrangement necessary to take delivery of the Equipment whenever it is tendered for delivery. In the event that the Client is unable to take delivery of the Equipment as arranged then Message Sign Hire shall be entitled to charge a reasonable fee for redelivery.
- Message Sign Hire may deliver the Equipment by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
- Delivery of the Equipment to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
- The Client shall be responsible for free access by Message Sign Hire to the site on which the equipment is located. If there are any delays due to free access not being available then the Client shall be responsible and shall reimburse Message Sign Hire for all lost hire fees associated with the Equipment being unavailable. The Client shall also be responsible for all other expenses and costs incurred by Message Sign Hire due to delays in access to the Equipment. The off-hire receipt will be issues when the Equipment is picked up by Message Sign Hire or returned to Message Sign Hire’s premises.
- The failure of Message Sign Hire to deliver shall not entitle either party to treat this contract as repudiated.
- Message Sign Hire shall not be liable for any lost or damage whatever due to failure by Message Sign Hire to deliver the Equipment (or any of it) promptly, or at all, where due to circumstances beyond the control of Message Sign Hire.
- Message Sign Hire retains property of the equipment nonetheless all risk for the Equipment passes to the Client on delivery.
- The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies Message Sign Hire for all loss, theft, or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client.
- The Client accepts full responsibility for and shall keep Message Sign Hire indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Equipment during the hire period however arising and whether or not arising from any negligence, failure or omissions of the Client or any other persons.
Damage to Equipment
- Subject to Clause 8, the Client shall be responsible for any loss or damage to the Equipment that occurs for any reason whatsoever, reasonable wear and tear (as decided solely and completed at Message Sign Hire’s discretion) accepted. It is agreed that upon the completion of the period of hire the whole or part of the cost of replacement of or repair to the equipment will be to the account of the Client.
Damage Waiver for Fire, Storm and Earth Quake
- Unless the Client directs in writing to the contrary, Message Sign Hire will charge a premium for insurances for accidental damage to the Equipment causes as a result of fire, storm and earthquake. Message Sign Hire agrees to waive its right to claim from the Client for any loss of or damage to the Equipment in excess of the sum equal to 10% of the list price of the Equipment or $500.00 (whichever is greater). The waiver shall not apply to loss of or damage to the Equipment caused by accident or theft, such loss or damage being dealt with in Clause 9 hereof. The waiver shall also not apply to loss of or damage to the equipment for Truck Mounted Attenuators (“the Vehicle” in accordance with Clause 10 hereof.
Damage Waiver with Respect to Accident or Theft.
- There will be no damage waiver in relation to loss of or damage to the Equipment with respect to accident, theft or collision. If the Client specifically requests that the Equipment be insured for accident, theft or collisions, then Message Sign Hire will charge an additional premium to the Client for this insurance.
- Loss or damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment, lack of lubrication.
- Loss or damage due to mysterious disappearance of the Equipment.
- Loss or damaged caused by misappropriation or wrongful conversion by the Client or its employees or its agents or by any person to whom the Equipment entrusted by the Client.
- Loss or damage caused by the use or operation of Equipment in contravention of any of the Conditions of Hire.
- Loss or damage caused by the use or operation of Equipment in violation of any statute (commonwealth or State) or any regulation or by the law there under.
- Loss or damage to tools or accessories including hoses, points, drills, bits, grease guns and electric leads.
- Loss or damage to tyres or tubes and batteries or the like and other similar fittings.
- Loss or damage to Equipment occurring for any reason whilst located, used, loaded, unloaded, transported over or on wharves, bridges, barges and vessels of all kinds.
- Loss or damage to the Vehicle as dealt with in Clause 10 hereof.
Truck Mounted Attenuators
- There will be no damage waiver in relation to any loss of or damage to the Vehicle including but not limited to loss or damage arising from fire, storm, earthquake, accident, theft or collision
- The Client accepts full responsibility for any loss or damage to the Vehicle that occurs for any reasons whatsoever, reasonable wear and tear (as decided solely and completely at Message Sign Hire’s discretion excepted). It is agreed that upon the completion of the period of hire the whole part or part of the cost or replacement of or repair to the equipment will be to the account of the Client.
- Only the Client or the Client’s authorised driver will be permitted to drive the Vehicle. The Client is responsible for the acts and omissions of its authorised driver or any other person the Client allows to drive the Vehicle.
- Prior to the delivery of the Vehicle to the Client, the Client is required to provide to Message Sign Hire a Certificate of Currency clearly identifying the Vehicle as insured under a current Commercial Motor Vehicle Road Liability noting Message Sign Hire as an Interested Party.
- No smoking is permitted inside the vehicle
- The Client is responsible to ensure no one smokes inside the vehicle. A cleaning charge will apply if smoking occurs inside the vehicle.
- Cover does not extend to any driver under 25 years of age or those with less than 2 years practical driving experience for the required class of licence.
- The Equipment is and will at all times remain the absolute Property of Message Sign Hire.
- If the Client fails to return the Equipment to Message Sign Hire then Message Sign Hire or Message Sign Hire’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Equipment is situated as the invitee of the Client and take possession of the Equipment, without being responsible for any damage thereby caused.
- The Client is not authorised to pledge Message Sign Hire’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
- The Client shall inspect the Equipment on delivery and shall within twenty four (24) hours notify Message Sign Hire of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Message Sign Hire an opportunity to inspect the Equipment within a reasonable time following delivery if the Client believes the Equipment is defective in any way. If the Client shall fail to comply with these provisions the Equipment shall be presumed to be free from any defect or damage. For defective Equipment, which Message Sign Hire has agreed in writing that the Client is entitled to reject, Message Sign Hire’s liability is limited to either repairing or replacing the Equipment, except where the Client has hired Equipment as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the hire price of the Equipment, or repair of the Equipment, or replacement of the Equipment.
The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
- Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
- No Warranty is provided by Message Sign Hire in respect of the condition of the Equipment or its fitness for any particular purpose. The Client shall indemnify and hold harmless Message Sign Hire in respect of all claims arising out of the use of the Equipment.
- The Client shall:
- Notify Message Sign Hire immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved from the requirements to safeguard the Equipment by giving such notification;
- In the event of theft of the Equipment, notify Message Sign Hire immediately in writing stating the full circumstances of the theft and the time the police were notified.
- Satisfy itself at commencement that the Equipment is suitable for its purposes;
- Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by Message Sign Hire or posted on the Equipment;
- Ensure that all persons operating or erecting the Equipment are suitable instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to Message Sign Hire upon request;
- Comply with all occupational health and safety laws relating to the Equipment and its operation;
- On termination of the hire, the Client shall deliver the Equipment complete with all parts and accessories clean and in good order as delivered, fair wear and tear accepted, to Message Sign Hire;
- Keep the Equipment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Equipment;
- Notify Message Sign Hire immediately if the Equipment is to be moved from the stated job site to another location for any reason whatsoever.
- Not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;
- Employ the Equipment solely in its own work and shall not permit the Equipment of any part thereof to be used by any other party for any other work;
- Not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold;
- Perform daily checks on the condition of the batteries, oil and water levels, belts and tyres, and generally maintain the Equipment in good working condition. The continued use of Equipment after any malfunction becomes evident, or would have become evident if the Client had performed the required maintenance checks, will be deemed to be abuse for the purposed of clause 14.2.
- Only use fuel and consumables of the Equipment that has been approved by Message Sign Hire.
- Immediately on request by Message Sign Hire the Client will pay:
- The new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Message Sign Hire;
- All costs incurred in cleaning the Equipment;
- All costs of repairing any damage caused by the ordinary use of the Equipment up to an amount equal to 10% of the new list price of the Equipment;
- The cost of repairing any damaged to the Equipment caused by the negligence of the Client or the Client’s agent;
- The cost of repairing any damage to the Equipment caused by vandalism, or (in Message Sign Hire’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client;
- The cost of fuels and consumables provided by Message Sign Hire and used by the Client.
- Message Sign Hire may cancel these terms and conditions or cancel delivery of Equipment at any time before the Equipment is delivered by giving written notice. On giving such notice Message Sign Hire shall repay to the Client any sums paid in respect of the Price. Message Sign Hire shall not be liable for any loss or damage whatever arising from such cancellation.
- In the event that the Client cancels delivery of the Equipment the Client shall be liable for any loss incurred by Message Sign Hire (including, but not limited to, any loss of profits) up to the end of the original hire period.
Default & Consequences of Default
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of three and one half percent (3.5%) per calendar month (and at the Client’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
- In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Message Sign Hire.
- If the Client defaults in payment of any invoice when due, the Client shall indemnify Message Sign Hire from and against all costs and disbursement incurred by Message Sign Hire in pursuing the debt including legal costs on a solicitor and own client basis and Message Sign Hire’s collection agency costs.
- Without prejudice to any other remedies Message Sign Hire may have, if at any time the Client is in breach of any obligation (including those relating to payment) Message Sign Hire may repossess the Equipment as per clause 10.2, or suspend or terminate the supply of Equipment or the Client and any of its other obligations under the terms and conditions. Message Sign Hire will not be liable to the Client for any loss or damage the Client suffers because Message Sign Hire has exercised its right under this clause.
- If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
- Without prejudice to Message Sign Hire’s other remedies at law Message Sign Hire shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies Message Sign Hire may have and all amounts owing to Message Sign Hire shall, whether or not due for payment, become immediately payable in the event that:
- Any money payable to Message Sign Hire becomes overdue, or in Message Sign Hire’s opinion the Client will be unable to meet its payment as they fall due; or
- The Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit or its creditors; or
- A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
Security and Charge
- Despite anything to the contrary contained herein or any other rights which Message Sign Hire may have howsoever;
- Where the Client and/or the Guarantor (if any) is Message Sign Hire of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Message Sign Hire or Message Sign Hire’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client and/or the Guarantor acknowledge and agree the Message Sign Hire (or Message Sign Hire’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
- Should Message Sign Hire elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify Message Sign Hire from and against all Message Sign Hire’s costs and disbursement including legal costs on a solicitor and own client basis.
- The Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Message Sign Hire or Message Sign Hire’s nominee as the Client’s and/ or Guarantors true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 17.1.
Privacy Act 1988
- The Client and/or the Guarantor/s (herein referred to as the Client) agree for Message Sign Hire to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Message Sign Hire.
- The Client agrees that Message Sign Hire may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes;
- To asses an application by the Client; and/or
- To notify other credit providers of a default by the Client; and/o
- To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
- To assess the creditworthiness of the Client.
The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
- The Client consents to Message Sign Hire being given a consumer credit report to collect overdue payment on commercial credit (Section 18K (1) (h) Privacy Act 1988).
- The Client agrees that personal credit information provided may be used and retained by Message Sign Hire for the following purposes (and for other purposes as shall be agreed between the Client and Message Sign Hire or required by law from time to time):
- The provisions of Goods; and/or
- The marketing of Goods by Message Sign Hire, its agents or distributors; and/or
- Analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
- Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
- Enabling the daily operation of the Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.
- Message Sign Hire may give information about the Client to a credit reporting agency for the following purposes:
- To obtain a consumer credit report about the Client;
- Allow the credit reporting agency to create or maintain a credit information file containing information about the Client
- The information given to the credit reporting agency may include:
- Personal particulars (the Client’s name, sex address, previous addresses, date of birth, name of employer and drivers licence number);
- Details concerning the Client’s application for credit or commercial credit and the amount requested;
- Advice that Message Sign Hire is a current credit provider to the Client;
- Advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
- That the Client’s overdue accounts, load repayment and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
- Information that, in the opinion of Message Sign Hire, the Client has committed a serious credit infringement (that is, fraudulently or show an intention not to comply with the Clients credit obligations);
- Advice that cheques drawn by the Client for one hundred dollars (4100) or more, have been dishonoured more than once;
- That credit provided to the Client by Message Sign Hire has been paid or otherwise discharged.
Building and Construction Industry Security of Payments Act 1999
- At Message Sign Hire’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.
- Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.
Building and Construction Industry Payments Act 2004
- At the Seller’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Payment Act 2004 may apply.
- Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Payments Act 2004 of Queensland, except to the extent permitted by the Act where applicable.
Compliance with Laws
- The Client and Message Sign Hire shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.
- The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the works.
- The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
- If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired,
- These terms and conditions and any contract to which they apply shall be governed by the laws of the State in which the hire is taken out and are subject to the jurisdiction of the courts of that State.
- Message Sign Hire shall be under no liability whatever to the Client for any indirect loss and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Message Sign Hire of these terms and conditions.
- In the event of any breach of this contract by Message Sign Hire the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Message Sign Hire exceed the Price.
- The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by Message Sign Hire,
- Message Sign Hire may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
- Message Sign Hire reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Message Sign Hire notifies the Client of such change.
- The failure by the Client to enforce any provisions of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Client’s right to subsequently enforce that provision.
- The Client acknowledges and agrees that to the extent the Hire Contract (government by these Terms and Conditions of Hire) creates a PPS lease as defined in section 13 of the PPSA, that the hire of Equipment by Message Sign Hire will create in favour of Message Sign Hire in the Equipment so hired:-
- A purchase money security interest (“PMSI”) pursuant to section 14 of the PPSA; and
- A Security Interest (“SI”) pursuant to section 12 of the PPSA
- The Client acknowledges and agrees that in respect to the hire of Equipment by Message Sign Hire to the Client, Message Sign Hire may effect and maintain a registration in its security interest in the Equipment hired and the Client agrees to execute documents and do such further acts and things to provide such further information as may be required to enable registrations on the Personal Property Security Register (“PPS Register”) or to perfect or correct any registration.
- The Client acknowledges and agrees that all Equipment hired by Message Sign Hire to the Client shall be in the ordinary course of business of Message Sign Hire and that the security interested granted to Message Sign Hire by the Client shall thereby constitute a Priority Interest pursuant to section 73 of the PPSA.
- Where the Equipment hired by Message Sign Hire are not used predominately for personal, domestic or house-hold purposes, the Client hereby agrees to contract out of, waive or exclude the enforcement provisions of the PPSA referred to in section 115(1)(a) to (r) inclusive. The Client also waives its right to receive notice of a Verification Statement in relation to any registration on the PPS Register.