Terms and Conditions

Terms of trade

• Definitions
  • “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting TPC to provide the Works as specified in any proposal, quotation, order, invoice, or other documentation, and:
    • if there is more than one Client, is a reference to each Client jointly and severally; and
    • if the Client is a partnership, it shall bind each partner jointly and severally; and
    • if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
    • includes the Client’s executors, administrators, successors and permitted assigns.
  • “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, Contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
  • “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract. 
  • “Cookies” means small files which are stored on a user’s computer.  They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using TPC’s website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
  • “Equipment” means all Equipment including any accessories, motor vehicles, trucks, utility, or trailers supplied on hire by TPC to the Client (and where the context so permits shall include any supply of Works). Equipment shall exclude scissor lifts or bobcats. The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by TPC to the Client.
  • “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
  • “Hire Period” means the period from the commencement date until the Equipment is returned to TPC. 
  • “Intended Use” means a building product and the use thereof, for which the building product is intended to be, or is reasonably likely to be, associated with a building.
  • “Kilometre Charge” means the amount payable for the kilometres that a motor vehicle has, in the reasonable opinion of TPC, travelled during the Hire Period.
  • “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by TPC to the Client.
  • “Non-Conforming Building Product” means building products that are regarded as Non-Conforming for an Intended Use if, when associated with a building:
    • the product is not, or will not be, safe; or 
    • does not, or will not, comply with the relevant regulatory provisions; or 
    • the product does not perform, or is not capable of performing, for the use to the standard it is represented to conform by or for a person in the chain of responsibility for the product.
  • “Price” or “Charges” means the Price or Charge payable (plus any GST where applicable) for the Works and/or Equipment hire as agreed between TPC and the Client in accordance with clause 7 below.
  • “TPC” means Tyler Preuss Constructions Pty Ltd T/A TPC Insurance Building Group, its successors and assigns or any person acting on behalf of and with the authority of Tyler Preuss Constructions Pty Ltd T/A TPC Insurance Building Group.
  • “Works” means all Works (including consultation, manufacturing and/or installation services) or Materials supplied by TPC to the Client at the Client’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the other).
  • “Worksite” means the address nominated by the Client to which the Materials are to be supplied by TPC and/or where the Equipment is to be located.

• Acceptance
  • The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of any Works/Equipment.
  • In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
  • Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties. 
  • The Client acknowledges that the supply of Works on credit shall not take effect until the Client has completed a credit application with TPC and it has been approved with a credit limit established for the account.
  • In the event that the supply of Works requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, TPC reserves the right to refuse delivery.
  • Any advice, recommendation, information, assistance or service provided by TPC in relation to Materials or Works supplied is given in good faith to the Client, or the Client’s agent and is based on TPC’s own knowledge and experience and shall be accepted without liability on the part of TPC. Where such advice or recommendations are not acted upon then TPC shall require the Client or their agent to authorise commencement of the Works in writing. TPC shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works.
  • In the event that TPC is required to provide the Works urgently, that may require TPC’s staff to work outside normal business hours (including, but not limited to, working through lunch breaks, weekends and/or Public Holidays) then TPC reserves the right to charge the Client additional labour costs (penalty rates will apply at time and a half normal rates), unless otherwise agreed between TPC and the Client.
  • If Contractor has been requested by the Client to diagnose a fault that requires investigation, disassembly and/or testing, all costs involved will be charged to the Client irrespective of whether or not the repair goes ahead.
  • The Client acknowledges and agrees that where TPC has performed temporary repairs that:
    • TPC offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
    • TPC will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair required.
  • Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 (NSW), the Electronic Transactions Act 2001 (ACT), Section 14 of the Electronic Transactions (Queensland) Act 2001 (whichever is applicable), or any other applicable provisions of that Act or any Regulations referred to in that Act.

• Authorised Representatives
  • Unless otherwise limited as per clause 3.2 the Client agrees that should the Client introduce any third party to TPC as the Client’s duly authorised representative, that once introduced that person shall have the full authority of the Client to order any Materials or Works on the Client’s behalf and/or to request any variation to the Works on the Client’s behalf (such authority to continue until all requested Works have been completed or the Client otherwise notifies TPC in writing that said person is no longer the Client’s duly authorised representative).
  • In the event that the Client’s duly authorised representative as per clause 3.1 is to have only limited authority to act on the Client’s behalf then the Client must specifically and clearly advise TPC in writing of the parameters of the limited authority granted to their representative. 
  • The Client specifically acknowledges and accepts that they will be solely liable to TPC for all additional costs incurred by TPC (including TPC’s profit margin) in providing any Works, Materials, services or variation/s requested by the Client’s duly authorised representative (subject always to the limitations imposed under clause 3.2 (if any)).

• Errors and Omissions
  • The Client acknowledges and accepts that TPC shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
    • resulting from an inadvertent mistake made by TPC in the formation and/or administration of this Contract; and/or
    • contained in/omitted from any literature (hard copy and/or electronic) supplied by TPC in respect of the Works.
  • In the event such an error and/or omission occurs in accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of TPC; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid. 
  • In circumstances where the Client is required to place an order for Materials, in writing, or otherwise as permitted by these terms and conditions, the Client is responsible for supplying correct order information such as, without limitation, measurements and quantity, when placing an order for Materials (whether they are made to order Materials or not).  (“Client Error“).  The Client must pay for all Materials it orders from TPC notwithstanding that such Materials suffer from a Client Error and notwithstanding that the Client has not taken or refuses to take delivery of such Materials. TPC is entitled to, at its absolute discretion to waive its right under this sub-clause in relation to Clients Errors.

• Change in Control
  • The Client shall give TPC not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by TPC as a result of the Client’s failure to comply with this clause.

• Insurance Claims
  • If the Client has insurance or other contractual arrangements for the payment of charges due under this Contract, this will not affect the Client’s personal liability to pay all charges due under this Contract, except that the Client’s liability will be reduced pro-rata to the extent that payments are made to TPC from other such sources. The Client also agrees that they shall be liable and make payment when due for any insurance excess where necessary.
  • Any work undertaken which is part of an insurance claim is undertaken with the understanding that should the claim be declined, or payment of the claim delayed, the Client is liable for payment of the full Price. 

• Price, Charges and Payment
  • At TPC’s sole discretion the Price shall be either:
    • as indicated on invoices provided by TPC to the Client in respect of Works performed or Materials/Equipment supplied; or
    • TPC’s estimated Price or Charge (subject to clause 7.2) which shall not be deemed binding upon TPC as the actual Price or Charge can only be determined upon completion of the Works or hire of Equipment. TPC undertakes to keep the Client informed should the actual Price or Charge look likely to exceed the original estimate; or
    • TPC’s quoted Price or Charge (subject to clause 7.2) which shall be binding upon TPC provided that the Client shall accept TPC’s quotation in writing within thirty (30) days.
  • TPC reserves the right to change the Price or Charge:
    • if a variation to the Materials/Equipment which are to be supplied is requested; or
    • if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or
    • where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather, limitations to accessing the Worksite, obscured building/Worksite defects, incorrect measurements, plans and/or specifications provided by the Client, as a result of delays from third party suppliers, safety considerations (discovery of asbestos, etc.), prerequisite work by any third party not being completed, lack of required utilities, remedial work required due to existing workmanship being of a poor quality or non-compliant to the building code, hard rock barriers below the surface, iron reinforcing rods in concrete or hidden pipes and wiring in walls, etc.) which are only discovered on commencement of the Works; or
    • in the event of increases to TPC in the cost of labour or Materials which are beyond TPC’s control.
  • Variations will be charged for on the basis of TPC’s quotation, and will be detailed in writing, and shown as variations on TPC’s invoice. The Client shall be required to respond to any variation submitted by TPC within ten (10) working days. Failure to do so will entitle TPC to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
  • At TPC’s sole discretion:
    • a non-refundable deposit may be required for the supply of Works and Materials; or
    • a bond shall be required for Equipment hire at the commencement of the hire contract which shall be refunded to the Client within thirty (30) days of the return of the Equipment, provided that the Client has complied with their obligations hereunder. The deposit may be used to offset any applicable Charges payable by the Client under clause 32.3, and any outstanding balance thereof shall be due as per clause 7.5.
  • Time for payment for the Works being of the essence, the Price or Charge will be payable by the Client on the date/s determined by TPC, which may be:
    • on or before delivery of the Materials; or 
    • by way of progress payments in accordance with TPC’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the Worksite but not yet installed; or
    • for approved credit account holders, fourteen (14) days following the date of any invoice; or
    • the date specified on any invoice or other form as being the date for payment; or
    • failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by TPC.
  • Payment may be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and TPC.
  • TPC may in its discretion allocate any payment received from the Client towards any invoice that TPC determines and may do so at the time of receipt or at any time afterwards. On any default by the Client TPC may re-allocate any payments previously received and allocated. In the absence of any payment allocation by TPC, payment will be deemed to be allocated in such manner as preserves the maximum value of TPC’s Purchase Money Security Interest (as defined in the PPSA) in the Materials.
  • The Client shall not be entitled to set off against, or deduct from the Price or Charge, any sums owed or claimed to be owed to the Client by TPC nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Client must notify TPC in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as TPC investigates the dispute claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in TPC placing the Client’s account into default and subject to default interest in accordance with clause 21.1.
  • Unless otherwise stated the Price or Charge does not include GST. In addition to the Price, the Client must pay to TPC an amount equal to any GST TPC must pay for any supply by TPC under this or any other Contract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price or Charge. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price or Charge except where they are expressly included in the Price or Charge.

• Provision of the Works
  • Subject to clause 8.2 it is TPC’s responsibility to ensure that the Works start as soon as it is reasonably possible.
  • The Works’ commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that TPC claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond TPC’s control, including but not limited to any failure by the Client to:
    • make a selection; or
    • have the Worksite ready for the Works; or
    • notify TPC that the Worksite is ready.
  • At TPC’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.
  • Any time specified by TPC for delivery of the Works is an estimate only and TPC will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Works to be supplied at the time and place as was arranged between both parties. In the event that TPC is unable to supply the Works as agreed solely due to any action or inaction of the Client, then TPC shall be entitled to charge a reasonable fee for re-supplying the Works at a later time and date, and/or for storage of the Materials.

• Dimensions, Plans and Specifications
  • All customary building industry tolerances shall apply to the dimensions and measurements of the Materials unless the Client and TPC agree otherwise in writing.
  • TPC shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client.
  • Where the Client has provided instructions or specifications for TPC to complete the Works (including, but not limited to, any requested variation to the original design), then TPC shall accept no liability whatsoever for the finished Works being deemed as unsatisfactory to the Client.
  • If the giving of an estimate or quotation for the supply of Materials involves TPC estimating measurements and quantities, it shall be the responsibility of the Client to verify the accuracy of TPC’s estimated measurements and quantities, before the Client places an order based on such estimate or accepts such quotation.
  • Should the Client require any changes to TPC’s estimated measurements and quantities, the Client shall request such changes in writing, in the case of an estimate before placing an order based on that estimate and in the case of a quotation before acceptance of that quotation.

• Risk
  • If TPC retains ownership of the Materials under clause 16 then:
    • where TPC is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either:
      • the Client or the Client’s nominated carrier takes possession of the Materials at TPC’s address; or
      • the Materials are delivered by TPC or TPC’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
    • where TPC is to both supply and install Materials then TPC shall maintain a Contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
  • Notwithstanding the provisions of clause 10.1 if the Client specifically requests TPC to leave Materials outside TPC’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
  • TPC reserves the right to inspect the Worksite prior to the commencement of the Works to establish the condition of the Worksite where the Works are to be provided will be of sound substructure, that is able to withstand such installation, however, TPC does not offer any guarantee and no warranty is provided against this situation arising again in the future and in respect of any work carried out in relation thereto. Where consultation with engineers or other appropriate third parties, all associated costs shall be borne by the Client.
  • The Client warrants that any structures or land (where applicable) to which the Materials are to be affixed are able to withstand the installation of the Materials once installed. If for any reason (including the discovery of asbestos, moisture, erosion, etc.) that TPC, or employees of TPC, reasonably form the opinion that the Client’s premises is not safe for the installation of Materials to proceed then TPC shall be entitled to delay installation of the Materials (in accordance with the provisions of clause 8.2 above) until TPC is satisfied that it is safe for the installation to proceed. 
  • The Client acknowledges and accepts that where earthmoving or excavation work has been provided by a third party engaged by the Client and such work is found to be defective or not up to standard, then TPC reserves the right to charge a variation to remedy such work.
  • It shall be the Client’s responsibility notify to TPC (prior to the Works commencing) the location of all surveyor’s pegs and boundary lines. TPC accepts no responsibility for fences that are erected on boundary lines where boundary lines are found to be incorrectly notified.
  • The Client acknowledges and accepts that:
    • timber is a:
      • natural product and as such may exhibit variations in texture, shade, colour, surface, finish, markings, veining, and contain natural fissures, occlusions, and indentations; 
      • hydroscopic material subject to expansion and contraction; therefore, TPC will accept no responsibility for gaps that may appear in the timber during prolonged dry periods buckling or warping due to wet weather;
    • Materials supplied may:
      • fade or change colour over time; 
      • expand, contract or distort as a result of exposure to heat, cold, weather; 
      • mark or stain if exposed to certain substances; and
      • be damaged or disfigured by impact or scratching. 
  • TPC will make every effort to match batches of product supplied and to match new Materials to existing items in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.
  • Any temporary fencing or scaffolding that is erected or dismantled by TPC’s trained and licensed employees or contractors shall be as per the manufacturers and codes of practice requirements. The Client acknowledges and accepts that TPC shall not be liable in any way for any claim made in connection with the erection and dismantling of the temporary fencing or scaffolding by non-TPC employees or contractors.

• Worksite Access and Condition
  • TPC is not responsible for the removal of rubbish from or clean-up of the building/construction Worksite/s.  All rubbish generated by TPC will be placed in a designated area appointed by the Client but the responsibility of removal of same is the Client or the Client’s agent, unless otherwise agreed.
  • It is the intention of TPC and agreed by the Client that:
    • the Client shall ensure that TPC has clear and free access to the Worksite at all times to enable them to undertake the Works (including carrying out Worksite inspections, gain signatures for required documents, and for the delivery and installation of the Materials). TPC shall not be liable for any loss or damage to the Worksite (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of TPC; and
    • it is the Client’s responsibility to provide TPC, while at the Worksite, with adequate access to available water, electricity, toilet and washing facilities; and
    • the Client shall contact adjoining neighbours and gain their permission to remove any walls or fences on boundaries and unless otherwise agreed, it shall be the Client’s responsibility to organise either temporary fencing and/or security guards to secure the Worksite during the performance of the Works by TPC and shall be liable for all costs associated in taking all reasonable precautions to protect against destruction or damage by way of vandalism or theft. Failure to comply with this clause 11.2(c) in the event that the Worksite is destroyed or damaged due to vandalism then the cost of repair or replacement shall be borne by the Client.
  • The Client agrees to be present at the Worksite when and as reasonably requested by TPC and its employees, contractors and/or agents.
  • Worksite Inductions
    • in the event the Client requires an employee or sub-contractor of TPC to undertake a Worksite induction during working hours, the Client will be liable to pay the hourly charges for that period. If any induction needs to be undertaken prior to the commencement date then the Client shall be liable to pay TPC’s standard (and/or overtime, if applicable) hourly labour rate; or
    • where TPC is in control of the Worksite, the Client and/or the Client’s third party contractors must initially carry out TPC’s Health & Safety induction course before access to the Worksite will be granted. Inspection of the Worksite during the course of the Works will be by appointment only and unless otherwise agreed, in such an event the Client and/or third party acting on behalf of the Client must at all times be accompanied by TPC.

• Underground Locations
  • Prior to TPC commencing any work the Client must advise TPC of the precise location of all underground services on the Worksite and clearly mark the same. The underground mains and services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on the Worksite.
  • Whilst TPC will take all care to avoid damage to any underground services the Client agrees to indemnify TPC in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 12.1.

• Compliance with Laws
  • The Client and TPC 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, including any work health and safety laws (WHS) relating or any other relevant safety standards or legislation pertaining to the Works.
  • Both parties acknowledge and agree:
    • to comply with the National Construction Code of Australia (NCC) and the Building Products (Safety) Act 2017 (NSW); comply with section74AA (products associated with building works and/or the intended use) and section 74AE (Chain of Responsibility) of the QBCC Act 1991 or the Building Act 2004 (ACT) (whichever is applicable), in respect of all workmanship and building products to be supplied during the course of the Works; and
    • that Works will be provided in accordance with any current relevant Australian/New Zealand Standards applicable. 
  • Where the Client has supplied products for TPC to complete the Works, the Client acknowledges that it accepts responsibility for the suitability of purpose and use for their products and the Intended Use and any faults inherent in those products. However, if in TPC’s opinion, it is believed that the materials supplied are Non-Conforming products and will not conform with state and/or territory regulations, then TPC shall be entitled, without prejudice, to halt the Works until the appropriate conforming products are sourced and all costs associated with such a change to the plans and design will be invoiced in accordance with clause 7.2.
  • The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Works.

• Modern Slavery
  • For the purposes of this clause:
    • “Act” means the Modern Slavery Act 2018 (cth)
    • “Modern Slavery”, “Modern Slavery Statement” and “Reporting Entity” have the meanings given by the Act.
  • If the Client is a Reporting Entity, it shall comply with all of its obligations under the Act.
  • Whether the Client is a Reporting Entity or not, the Client shall:
    • use reasonable endeavours to identify, assess and address risks of Modern Slavery practices in its operations and supply chains;
    • use its reasonable endeavours to ensure that the personnel responsible for managing the operations and supply chains used for the purposes of the Contract have undertaken suitable training to identify and report Modern Slavery;
    • use its reasonable endeavours to ensure that if at any time the Client becomes aware of Modern Slavery practices in its operations and supply chains, the Client must as soon as reasonably practicable take all reasonable steps to address or remove these practices;
    • provide to TPC a copy of any Modern Slavery Statement that it submits under the Act within seven (7) days of so doing; and
    • within seven (7) days of TPC’s request (or such longer period as TPC agrees), provide to TPC any information or assistance reasonable requested by TPC;
      • concerning the Client’s compliance with the Act;
      • concerning the Client’s operations and supply chains;
      • to enable TPC to prepare a Modern Slavery Statement or otherwise comply with the Act; or
      • to enable TPC to assess and address risks of Modern Slavery practices in its operations and supply chains.
  • The parties agree that in the circumstances a breach arises pursuant to this clause or the terms of the Act, the parties will try and resolve the breach by way of remediation and TPC will be able to terminate the Contract for any breach by the Client.
  • The Client warrants that any information supplied to TPC is true and accurate and may be relied upon for the purposes of the Act.
  • The Client shall indemnify TPC against any loss or liability suffered by TPC as a result of the Client’s breach of this clause 14.

• Insurance
  • TPC shall have public liability insurance of at least five million dollars ($5m). It is the Client’s responsibility to ensure that they are similarly insured. 

• Title to Materials
  • TPC and the Client agree that ownership of the Materials shall not pass until:
    • the Client has paid TPC all amounts owing to TPC; and
    • the Client has met all of its other obligations to TPC.
  • Receipt by TPC of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
  • It is further agreed that until ownership of the Materials passes to the Client in accordance with clause 16.1:
    • the Client is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to TPC on request;
    • the Client holds the benefit of the Client’s insurance of the Materials on trust for TPC and must pay to TPC the proceeds of any insurance in the event of the Materials being lost, damaged or destroyed;
    • the production of these terms and conditions by TPC shall be sufficient evidence of TPC’s rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with TPC to make further enquiries;
    • the Client must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Materials then the Client must hold the proceeds of any such act on trust for TPC and must pay or deliver the proceeds to TPC on demand;
    • the Client should not convert or process the Materials or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of TPC and must sell, dispose of or return the resulting product to TPC as it so directs;
    • unless the Materials have become fixtures the Client irrevocably authorises TPC to enter any premises where TPC believes the Materials are kept and recover possession of the Materials;
    • TPC may recover possession of any Materials in transit whether or not delivery has occurred;
    • the Client shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials while they remain the property of TPC;
    • TPC may commence proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials has not passed to the Client.

• Personal Property Securities Act 2009 (“PPSA”)
  • In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
  • Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials and/or collateral (account) – being a monetary obligation of the Client to TPC for Works – that have previously been supplied and that will be supplied in the future by TPC to the Client.
  • The Client undertakes to:
    • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which TPC may reasonably require to:
      • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; 
      • register any other document required to be registered by the PPSA; or
      • correct a defect in a statement referred to in clause 17.3(a)(i) or 17.3(a)(ii);
    • indemnify, and upon demand reimburse, TPC for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby;
    • not register a financing change statement in respect of a security interest without the prior written consent of TPC; 
    • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) in favour of a third party without the prior written consent of TPC;
    • immediately advise TPC of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such sales.
  • TPC and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
  • The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
  • The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
  • Unless otherwise agreed to in writing by TPC, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.
  • The Client shall unconditionally ratify any actions taken by TPC under clauses 17.3 to 17.5.
  • Subject to any express provisions to the contrary (including those contained in this clause 17), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

• Security and Charge
  • In consideration of TPC agreeing to supply the Materials, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, and the Client grants a security interest in all of its present and after-acquired property, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money). 
  • The Client indemnifies TPC from and against all TPC’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising TPC’s rights under this clause.
  • The Client irrevocably appoints TPC and each director of TPC as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 18 including, but not limited to, signing any document on the Client’s behalf.

• Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”)
  • The Client must inspect all Materials/Equipment on delivery (or the Works on completion) and must within seven (7) days of delivery notify TPC in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Materials/Works/Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow TPC to inspect the Materials/Equipment or to review the Works provided.
  • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
  • TPC acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees. 
  • Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, TPC makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Materials/Works/Equipment. TPC’s liability in respect of these warranties is limited to the fullest extent permitted by law. 
  • If the Client is a consumer within the meaning of the CCA, TPC’s liability is limited to the extent permitted by section 64A of Schedule 2.
  • If TPC is required to replace any Materials under this clause or the CCA, but is unable to do so, TPC may refund any money the Client has paid for the Materials.
  • If TPC is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do so, then TPC may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.
  • If the Client is not a consumer within the meaning of the CCA, TPC’s liability for any defect or damage in the Materials is:
    • limited to the value of any express warranty or warranty card provided to the Client by TPC at TPC’s sole discretion;
    • limited to any warranty to which TPC is entitled, if TPC did not manufacture the Materials;
    • otherwise negated absolutely. 
  • Subject to this clause 19, returns will only be accepted provided that:
    • the Client has complied with the provisions of clause 19.1; and
    • TPC has agreed that the Materials are defective; and
    • the Materials are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
    • the Materials are returned in as close a condition to that in which they were delivered as is possible.
  • Notwithstanding clauses 19.1 to 19.9 but subject to the CCA, TPC shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
    • the Client failing to properly maintain or store any Materials; 
    • the Client using the Materials for any purpose other than that for which they were designed; 
    • the Client continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
    • interference with the Works by the Client or any third party without TPC’s prior approval;
    • the Client failing to follow any instructions or guidelines provided by TPC;
    • fair wear and tear, any accident, or act of God.
  • TPC may in its absolute discretion accept non-defective Materials for return in which case TPC may require the Client to pay handling fees of up to twenty percent (20%) of the value of the returned Materials plus any freight costs.
  • Notwithstanding anything contained in this clause if TPC is required by a law to accept a return then TPC will only accept a return on the conditions imposed by that law.
  • Subject to clause 19.1, customised, or non-stocklist items or Materials made or ordered to the Client’s specifications are not acceptable for credit or return.

• Intellectual Property
  • Where TPC has designed, drawn, written plans or a schedule of Works, or created any products for the Client, then the copyright in all such designs, drawings, documents, plans, schedules and products shall remain vested in TPC, and shall only be used by the Client at TPC’s discretion. Under no circumstances may such designs, drawings and documents be used without the express written approval of TPC.
  • The Client warrants that all designs, specifications or instructions given to TPC will not cause TPC to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify TPC against any action taken by a third party against TPC in respect of any such infringement.
  • The Client agrees that TPC may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings, plans or products which TPC has created for the Client.

• Default and 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 twenty two and a half percent (22.5%) per calendar month (and at TPC’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
  • If the Client owes TPC any money, the Client shall indemnify TPC from and against all costs and disbursements:
    • incurred; and/or
    • which would be incurred and/or
    • for which by the Client would be liable;

in regard to legal costs on a solicitor and own client basis, internal administration fees, TPC’s Contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.

• Further to any other rights or remedies TPC may have under this Contract, if a Client has made payment to TPC, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by TPC under this clause 21 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
• Without prejudice to TPC’s other remedies at law TPC shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to TPC shall, whether or not due for payment, become immediately payable if:
  • any money payable to TPC becomes overdue, or in TPC’s opinion the Client will be unable to make a payment when it falls due; 
  • the Client has exceeded any applicable credit limit provided by TPC;
  • the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of 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.

• Cancellation
  • Without prejudice to any other remedies TPC may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions TPC may suspend or terminate the supply of Works/ Materials or Equipment to the Client. TPC will not be liable to the Client for any loss or damage the Client suffers because TPC has exercised its rights under this clause.
  • TPC may cancel any Contract to which these terms and conditions apply or cancel delivery of Works/ Materials or Equipment at any time before the Works are commenced by giving written notice to the Client. On giving such notice TPC shall repay to the Client any sums paid in respect of the Price or Charges, less any amounts owing by the Client to TPC for Works already performed. TPC shall not be liable for any loss or damage whatsoever arising from such cancellation.
  • In the event that the Client cancels the delivery of Works/Materials or Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by TPC as a direct result of the cancellation (including, but not limited to, any loss of profits).
  • Cancellation of orders for products made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

• Dispute Resolution
  • If a dispute arises between the parties to this Contract, then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
    • referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
    • conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

• Privacy Policy
  • All emails, documents, images or other recorded information held or used by TPC is Personal Information, as defined and referred to in clause 24.3, and therefore considered Confidential Information. TPC acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). TPC acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by TPC that may result in serious harm to the Client, TPC will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
  • Notwithstanding clause 24.1, privacy limitations will extend to TPC in respect of Cookies where the Client utilises TPC’s website to make enquiries.  TPC agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
    • IP address, browser, email client type and other similar details;
    • tracking website usage and traffic; and
    • reports are available to TPC when TPC sends an email to the Client, so TPC may collect and review that information (“collectively Personal Information”)

If the Client consents to TPC’s use of Cookies on TPC’s website and later wishes to withdraw that consent, the Client may manage and control TPC’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site. 

• The Client agrees for TPC to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by TPC. 
• The Client agrees that TPC may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
  • to assess an application by the Client; and/or
  • to notify other credit providers of a default by the Client; and/or
  • 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 including the Client’s repayment history in the preceding two (2) years.
• The Client consents to TPC being given a consumer credit report to collect overdue payment on commercial credit.
• The Client agrees that personal credit information provided may be used and retained by TPC for the following purposes (and for other agreed purposes or required by):
  • the provision of Works; and/or
  • analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Works; and/or
  • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
  • enabling the collection of amounts outstanding in relation to the Works.
• TPC may give information about the Client to a CRB for the following purposes:
  • to obtain a consumer credit report; 
  • allow the CRB to create or maintain a credit information file about the Client including credit history.
• The information given to the CRB may include:
  • Personal Information as outlined in 24.3 above;
  • name of the credit provider and that TPC is a current credit provider to the Client;
  • whether the credit provider is a licensee;
  • type of consumer credit;
  • details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
  • advice of consumer credit defaults (provided TPC is a member of an approved OAIC External Disputes Resolution Scheme), overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and TPC has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
  • information that, in the opinion of TPC, the Client has committed a serious credit infringement;
  • advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
• The Client shall have the right to request (by e-mail) from TPC:
  • a copy of the Personal Information about the Client retained by TPC and the right to request that TPC correct any incorrect Personal Information; and
  • that TPC does not disclose any Personal Information about the Client for the purpose of direct marketing.
• TPC will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law. 
• The Client can make a privacy complaint by contacting TPC via e-mail. TPC will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

• Service of Notices
  • Any written notice given under this Contract shall be deemed to have been given and received:
    • by handing the notice to the other party, in person;
    • by leaving it at the address of the other party as stated in this Contract;
    • by sending it by registered post to the address of the other party as stated in this Contract;
    • if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
    • if sent by email to the other party’s last known email address.
  • Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

• Trusts
  • If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not TPC may have notice of the Trust, the Client covenants with TPC as follows:
    • the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
    • the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
    • the Client will not without consent in writing of TPC (TPC will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
      • the removal, replacement or retirement of the Client as trustee of the Trust;
      • any alteration to or variation of the terms of the Trust;
      • any advancement or distribution of capital of the Trust; or
      • any resettlement of the trust property.

• Other Applicable Legislation
  • At TPC’s sole discretion, if there are any disputes or claims for unpaid Works and/or Materials then the provisions of the Building and Construction Industry Security of Payments Act 1999 (New South Wales), Building Industry Fairness (Security of Payment) Act 2017 (Queensland), and Building and Construction Industry (Security of Payment) Act 2009 (Australian Capital Territory) may apply.
  • Nothing in this Contract is intended to have the effect of contracting out of any applicable provisions of the any of the Acts listed in clause 27.1 (each as applicable), except to the extent permitted by the Act where applicable.  

• General
  • The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. 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 and/or territory in which the Works and/or Materials were provided by TPC to the Client however, in the event of a dispute that deems necessary for the matter to be referred to a Magistrates or higher court then jurisdiction will be subject to the Wagga Wagga Courts of New South Wales in which TPC has its principal place of business. These terms prevail over all terms and conditions of the Client (even if they form part of the Client’s purchase order).
  • Subject to clause 19, TPC shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by TPC of these terms and conditions (alternatively TPC’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Works or exceed Charges ).
  • TPC may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
  • The Client cannot licence or assign without the written approval of TPC.
  • TPC may elect to subcontract out any part of the Works but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of TPC’s sub-contractors without the authority of TPC.
  • The Client agrees that TPC may amend their general terms and conditions for subsequent future Contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for TPC to provide Works to the Client. 
  • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.
  • Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them. 
  • This Contract and any subsequent hire agreement between TPC and the Client, shall constitute as the entire agreement between TPC and the Client, and the Client hereby acknowledges that no reliance is placed on any representation made by TPC that is not embodied in this Contract.
  • The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution and delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract.

Additional Terms & Conditions Applicable to Hire Only

• Hire Period
  • For Equipment in which a timing device is installed the hire period shall be the number of hours or part thereof recorded on the timing device whilst the Equipment is in the Client’s possession.
  • Where the Equipment does not have a timing device installed hire charges shall commence from the time the Equipment is collected by the Client from TPC’s premises and will continue until the return of the Equipment to TPC’s premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
  • If TPC agrees with the Client to deliver and/or collect the Equipment, hire charges shall commence from the time the Equipment leaves TPC’s premises and continue until the Client notifies TPC that the Equipment is available for collection, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
  • The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.
  • No allowance whatsoever can be made for time during which the Equipment is not in use for any reason, unless TPC confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Client notifies TPC 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.

• Risk to Equipment
  • TPC retains ownership of the Equipment nonetheless all risk for the Equipment passes to the Client on delivery.
  • TPC shall provide the Equipment to the Client clean and in good working order. 
  • The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies TPC 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 will insure, or self-insure, TPC’s interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will affect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
  • The Client accepts full responsibility for and shall keep TPC indemnified against all liability in respect of all actions, proceedings, claims, damages, costs, and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Equipment during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons.
  • In the case of a motor vehicle hire, TPC shall arrange motor accident damage insurance. The motor accident damage insurance will NOT cover the Client for the following:
    • if the driver is over twenty-five (25) the first two thousand dollars ($2000.000) of the cost of any damage;
    • if the driver is under twenty-five (25) the first two thousand five hundred dollars ($2500.00) of the cost of any damage;
    • the loss or theft of the motor vehicle; and
    • cost of repairing damage.

• Title to Equipment
  • The Equipment is and will at all times remain the absolute property of TPC.
  • If the Client fails to return the Equipment to TPC then TPC or TPC’s agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied, or used by the Client, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused.
  • The Client is not authorised to pledge TPC’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.

• Client’s Responsibilities 
  • The Client shall:
    • satisfy itself at commencement that the Equipment is suitable for its purposes;
    • notify TPC 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;
    • maintain the Equipment as is required by TPC (including, but not limited to, maintaining water, oil and fluid levels and tyre pressures);
    • 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 TPC or posted on the Equipment;
    • 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 to operate the Equipment and shall provide evidence of the same to TPC upon request;
      • the operator of any Equipment is not under the influence of alcohol or any drug that may impair their ability to operate the Equipment;
      • all reasonable care is taken by the driver in handling and/or parking the Equipment and that the Equipment is left locked and/or securely stored when not in use.
    • be liable for any parking or traffic infringement, impoundment, towage, and storage costs incurred during the hire period and will supply relevant details as required by the Police and/or TPC relating to any such matters or occurrences.
    • comply with all work health and safety laws relating to the Equipment and its operation;
    • on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to TPC;
    • refuel the Equipment prior to its return from hire. In the event the Equipment needs to be refuelled upon its return from hire then the costs of refuelling shall be charged to the Client in addition to the costs of the Equipment 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;
    • employ the Equipment solely in its own work and shall not permit the Equipment or any part thereof to be used by any other party for any other work;
    • indemnify and hold harmless TPC in respect of all claims arising out of the Client’s use of the Equipment.
  • The Client shall 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;
    • not exceed the recommended or legal load and capacity limits of the Equipment;
    • not use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
    • not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold;
    • travel outside the state where the Equipment is hired without prior approval of TPC. 
  • Immediately on request by TPC the Client will pay:
    • the new list Price of any Equipment that is for whatever reason destroyed, written off or not returned to TPC;
    • all costs incurred in cleaning the Equipment;
    • all costs of repairing any damage caused by:
      • the ordinary use of the Equipment (that is not a motor vehicle);
      • to a truck above the top of the cabin or caused while the motor vehicle is being driven on an unsealed road or is not a public road or caused other than by normal use;
      • the negligence of the Client or the Client’s agent;
      • vandalism, or (in TPC’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client;
      • the amount not covered by the insurance referred to in clause 30.6;  
    • the cost of fuels and consumables provided by TPC and used by the Client;
    • Goods and Services Tax, any other taxes or duties and all tolls, fines, penalties, levies or charges payable in respect of the Contract and the hiring;
    • any:
      • lost hire fees TPC would have otherwise been entitled to for the Equipment, under this, or any other hire contract;
      • costs incurred by TPC in picking up and returning the Equipment to TPC’s premises if the Client does not return the Equipment to TPC’s premises or any pre-agreed pickup location when it was originally agreed that the Client would do so;
      • insurance excess payable in relation to a claim made by either the Client or TPC in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Client and irrespective of whether charged by the Client’s insurers or TPC’s; and
      • Kilometre Charges and any additional hire fees