Nikon Rental Terms & Conditions

NIKON AUSTRALIA RENTAL TERMS AND CONDITIONS

These Terms and Conditions, including any additional terms or policies we provide in relation to the hiring of Equipment, form the agreement between the customer (you and your) and Nikon Australia Pty Ltd ABN 34 121 761 537 (Nikon, we, us and our) in relation to your hiring and use of Equipment. These Terms and Conditions should be read in conjunction with our Website and Store Terms.

Before placing an order for the hire of Equipment, you must read these Terms and Conditions carefully. By clicking 'I agree', you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not submit an order for the hire of Equipment.

If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre on 1300 401 200 (open on Business Days from 9am – 5pm) or email us at service.nau@nikon.com and one of our representatives will be happy to assist you.

You Should Be Aware of Several Key Terms

This summary is designed to assist you by disclosing certain terms that may affect you. However, it is not a substitute for reading and understanding the Terms and Conditions, and it is not intended to substitute, expand or amend the Terms and Conditions. Please contact us if you have any questions.

Limitation of Nikon's liability

Nikon's liability to you and certain third parties is limited under the Terms and Conditions. These limitations of liability generally apply where the loss or liability:

is caused by your act, omission or breach of the Terms and Conditions (eg you allow the equipment to be operated by unqualified persons or you fail to notify Nikon that you have not received an order confirmation);
is caused by circumstances outside of Nikon's reasonable control (eg due to force majeure events or where Nikon is unable to achieve anticipated delivery timeframes due to factors beyond its control);
is caused by Nikon's rejection or cancellation of an order, or Nikon's rejection of an extension request;
results from any delay in (or failure of) the delivery, or change in delivery times, of the equipment; or
occurs during transportation or transit of the equipment.

To the extent permitted by law (including under the Australian Consumer Law), Nikon excludes:

all responsibility and liability arising in connection with your use of the equipment; and
all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom.

The Terms and Conditions also include provisions (including certain limitations of Nikon's liability) that apply if you are a consumer acquiring goods or services that are not 'PDH Good or Services'.

Your liability

You must not (nor permit any third party to) repair, or attempt to repair, under any circumstances any equipment that breaks down or fails during the hire period. You will be liable for any loss Nikon incurs in connection with a breach of this obligation (including for any damage caused by an attempted repair).

In addition, the Terms and Conditions require you to acknowledge and agree that:

your use of the equipment is at your own risk;
it is your responsibility to contact us if you have not received confirmation of your order;
you will notify Nikon (within one business day of receiving the equipment) if there are any defects or damage to or discrepancies with the equipment. If you fail to do so, you will be deemed to have accepted the equipment as free from discrepancies, defects or damage;
you will ensure the equipment is not destructed, damaged, stolen or lost while it is in your possession;
you will notify Nikon immediately if the equipment is damaged, defective, stolen or lost; and
you are responsible for any damage, theft or loss of the equipment during transportation and transit (including road, air or sea carriage) while you are responsible for the equipment.

Additional charges

You may incur additional fees in connection with your rental of the equipment, including if:

you cancel an order before commencement of the hire period;
your hire period is extended;
you do not return the equipment to Nikon by the end of the hire period;
the equipment is damaged (save for fair wear and tear), lost, stolen, dirty or otherwise returned to Nikon not in the same condition as it was at the start of the hire period;
consumables supplied by Nikon, and which you used, are not replaced;
Nikon incurs costs to repair, restore, clean and/or replace the equipment and/or consumables; or
you do not take out and/or maintain valid insurance for the equipment during the hire period.

Nikon may also charge you interest on any unpaid amount that becomes due under the Terms and Conditions. Interest will be based on Nikon's cost of finance at the relevant time.

Security deposit reductions

You will have to pay a security deposit for your rental, and Nikon will hold that deposit as security for the equipment. Nikon may apply any part or all of the security deposit towards:

the replacement of the equipment; and/or
any additional charges that become due to Nikon.

Importantly, the security deposit alone may not be sufficient to cover the entirety of the amounts (including additional charges) that become payable under the Terms and Conditions, and Nikon may charge you for these amounts in addition to applying the security deposit.

Definitions

1.1 Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.

1.2 Business Day means a day other than a Saturday, Sunday, public holiday or bank holiday in Sydney (NSW).

1.3 Consumer has the meaning given in section 3 of the Australian Consumer Law.

1.4 Equipment means any equipment hired by you from us, as specified in the Order Confirmation.

1.5 Insurance Fee means, if applicable, the amount payable by you to us for specific insurance we need to take out and maintain in relation to your Order, as specified on our Website at the time you submit your Order or as otherwise agreed.

1.6 Hire Fee means the amount payable by you for the hire of the Equipment, as specified on our Website at the time you submit your Order or as otherwise agreed.

1.7 Hire Period means the period starting at the time the Equipment is delivered to, or collected by, you and continuing until the Return Date, as specified in the Order Confirmation or as otherwise extended pursuant to clause 4.7.

1.8 Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.

1.9 Membership means membership of My Nikon Life.

1.10 Nominated Site means, if applicable, the nominated site for collection of the Equipment in either Melbourne (VIC) or Sydney (NSW), as specified in the Order Confirmation.

1.11 Order means an order made by you to hire Equipment from us.

1.12 Order Confirmation has the meaning set out in clause 4.3.

1.13 Privacy Policy means our privacy policy, as amended from time to time and published on our Website accessible using the address www.nikon.com.au/privacypolicy (or any replacement web page from time to time).

1.14 Return Date has the meaning set out in clause 12.1(a)(iii).

1.15 Security Deposit means the amount, equal to two days' worth of hire fees for the Equipment, payable by you and to be held by us as security for the Equipment, as specified on our Website at the time you submit your Order.

1.16 Valid Insurance has the meaning set out in clause 18.1.

1.17 Website means our Nikon Store website (which is accessible using the address store.mynikonlife.com.au or any replacement web page from time to time).

1.18 Website and Store Terms means the terms and conditions governing the use of our Website and the ordering, purchase and delivery of products available for purchase on the Website.

Eligibility

2.1 In order to hire Equipment from us, you must:

(a) be at least 18 years of age;

(b) have a current Membership and hire the Equipment through your Membership account;

(c) hire the Equipment for a minimum of two days (but if you choose to have the Equipment delivered, the transit period will be included in the booking period); and

(d) provide accurate and complete information (including about yourself and any intended use of the Equipment) in response to our requests.

2.2 You must promptly inform us if your contact or other details which you register with us change during the Hire Period.

Fees

3.1 The applicable amounts for the Hire Fee, the Security Deposit, the Insurance Fee (if applicable) and any transportation, delivery or handling costs (if applicable) will be provided via our Website at the time you submit your Order. Subject to any additional costs which may be incurred in accordance with these Terms and Conditions, the fees and costs quoted at the time you submit your Order represent the total amount you will be charged for the relevant Order.

3.2 Unless otherwise agreed by us, the Hire Fee, the Security Deposit, the Insurance Fee (if applicable) and any transportation, delivery or handling costs (if applicable) must be paid before the Equipment is delivered to (or collected by) you.

3.3 The Hire Fee, Security Deposit, the Insurance Fee (if applicable) and any transportation, delivery or handling costs (if applicable) must be paid by credit card.

3.4 Unless otherwise stated, all prices are in Australian dollars and where applicable, are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other government taxes.

3.5 You acknowledge that you may incur additional fees in connection with your rental of the Equipment, including as contemplated by clause 13. You must pay those additional fees when you return the Equipment to us or as otherwise instructed by us. If the relevant amounts are not or cannot be assessed at that time, we will issue you a tax invoice for the relevant amounts and you must pay us within the timeframe specified in that tax invoice.

Placing an Order

4.1 To place an Order, you must:

(a) submit a fully completed order form for the relevant Equipment on our Website;

(b) provide details of the photo identification (such as a driver's licence, proof of age card or passport) and proof of address which you will use for collecting or receiving the Equipment pursuant to clause 5.2;

(d) pay the applicable Hire Fee, Security Deposit, Insurance Fee (if applicable) and other charges which are due before the Equipment is delivered to (or collected by) you (including any applicable delivery, transportation or handling costs) by credit card, by using the payment facility on our Website.

4.2 Nikon reserves the right to decline to accept payments made using a credit card issued outside of Australia.

4.3 Your Order will be confirmed once you receive an email from us stating that your Order and associated payment have been processed and accepted (Order Confirmation). The Order Confirmation will set out important details about your Order, including:

(a) a description of the Equipment you have hired and any associated consumables;

(b) the Hire Period and Return Date;

(c) the Nominated Site for collection of the Equipment or, if you have chosen to have the Equipment delivered, the relevant delivery address; and

(d) the charges paid in relation to the Order, including the Hire Fee, Security Deposit, Insurance Fee (if applicable) and any applicable delivery, transportation or handling costs.

4.4 You acknowledge and agree that we may decide to hire Equipment to you, or decline to do so, in our sole discretion. We make no guarantee, representation or warranty, express or implied, that you will receive an Order Confirmation. It is your responsibility to contact us if you have not received an Order Confirmation.

4.5 We reserve the right to accept or reject any Order for any reason. If we are unable to make the Equipment available at the start of the Hire Period due to reasons beyond our control, we may cancel any Order we have accepted, by written notice to the email address to which we sent the Order Confirmation, before the Hire Period commences.

4.6 We are not liable to you for any Loss that you or a third party suffers in connection with the rejection or cancellation of an Order. However, if we reject or cancel an Order, we will refund to you the charges that you have paid to us for the rejected or cancelled Order. We will notify you if your Order has been rejected either on the Website or by using the email address you provide to us.

4.7 If you would like to keep the Equipment for a longer period than that specified in your Order Confirmation, you may request to extend the Hire Period by contacting our Customer Service Centre on 1300 401 200 (open on Business Days from 9am – 5pm) or emailing us at service.nau@nikon.com. You acknowledge and agree that:

(a) we may decide to grant you an extension of the Hire Period, or decline to do so, in our sole discretion;

(b) additional fees may apply in connection with the extension. For example:

(i) there may be an increase of the Hire Fee; and

(ii) in relation to the Insurance Fee:

(A) if an Insurance Fee has been charged, there may be an increase of that fee; or

(B) if an Insurance Fee has not yet been charged but an extension of the Hire Period requires us to charge an Insurance Fee, you will be required to pay that fee,

and the payment of the applicable additional fees is a pre-condition to the grant of an extension; and

(c) we are not liable to you for any Loss that you or a third party suffers in connection with a rejection of an extension request.

4.8 If we accept to extend the Hire Period, we will send you an amended Order Confirmation that will set out the details of the extension.

Security

5.1 We may apply any part or all of the Security Deposit towards:

(a) the replacement of the full value of the Equipment; and

(b) the recovery of any amounts you owe us under these Terms and Conditions, including (but not limited to) the additional fees specified in clause 13,

however, for clarity, using the Security Deposit in accordance with this clause 5.1 does not limit our right to recover from you any amounts (including any additional fees specified in clause 13) which are in excess of the Security Deposit.

5.2 Before the delivery or collection of the Equipment, you must provide us with (in a form acceptable to us in our sole discretion) the same:

(a) photo identification (such as a driver's licence, proof of age card or passport); and

(b) proof of your address,

which you specified at the time you submitted your Order. Details of how to provide these items to us will be set out on our Website, and may be updated from time to time.

5.3 You acknowledge and agree that we may take a photocopy of your photo identification and/or proof of address.

5.4 Upon return of the Equipment, we will inspect the Equipment and if the Equipment has been returned to us in accordance with these Terms and Conditions (as determined by us in our sole discretion), we will release the balance of the Security Deposit back to you, less any amounts we are permitted to deduct under these Terms and Conditions.

Cancellation Policy

6.1 You may cancel an Order, or part of an Order, at any time before the commencement of the Hire Period by giving us written notice.

6.2 If you cancel an Order, or part of an Order, under clause 6.1 you will be required to pay a cancellation fee which will be calculated as follows:

(a) if the cancellation is made within the 24 hours immediately before the commencement of the Hire Period, 75% of the Hire Fee will be payable;

(b) if the cancellation is made between 24 hours and 48 hours (inclusive) before the commencement of the Hire Period, 50% of the Hire Fee will be payable; or

(c) if the cancellation is made more than 48 hours but less than 72 hours before the commencement of the Hire Period, 25% of the Hire Fee will be payable,

and we reserve the right to charge you any additional costs in accordance with clause 13.2(b).

6.3 You acknowledge and agree that the cancellation fee is a genuine pre-estimate of the Loss we will suffer as a result of your cancellation.

Collection of Equipment

7.1 If the Equipment is collected from a Nominated Site, you must present the photo identification you specified at the time you submitted your Order and the credit card that was used to pay for the Equipment.

7.2 Only the person specified in the Order Confirmation will be able to collect the Equipment.

7.3 If the person specified in the Order Confirmation is no longer able to collect the Equipment, you may nominate someone to collect the Equipment for you by contacting us at 1300 366 499 before the commencement of the Hire Period. The person you nominate to collect the Equipment must bring with them a valid form of photo identification.

Delivery of Equipment

8.1 If the Equipment is delivered to you, you are responsible for any transportation and delivery costs.

8.2 You acknowledge and agree that we use a third party supplier to perform deliveries and accordingly are not responsible for the timing of the delivery, or any and all Losses arising in relation to a late or failed delivery.

8.3 At the time of delivery, you must present the photo identification you specified at the time you submitted your Order and we reserve the right to direct our third party supplier not to complete delivery of the Equipment to you if you are unable to provide this identification.

Physical Acceptance

9.1 Within one Business Day of receiving the Equipment, you must inspect the Equipment and notify us in writing of:

(a) any defects or damage; and

(b) any discrepancies between the Equipment you received and the Equipment you ordered.

9.2 If you do not notify us within one Business Day, you will be deemed to have accepted the Equipment as free from any discrepancies, defects or damage.

9.3 If you notify us under clause 9.1, we will (at our option) provide you with replacement Equipment of the same type as the affected Equipment, or accept the prompt return of the Equipment and give you a refund of the Hire Fee for the affected Equipment. You acknowledge that, among other things, the option chosen under this clause 9.3 will be subject to the availability of equipment the same as (or similar to) the affected Equipment.

Use of Equipment

10.1 You must:

(a) ensure that the Equipment is operated only by suitably qualified persons;

(b) use the Equipment with reasonable care and in accordance with standard practice and its user manual and other documentation;

(d) maintain the Equipment in optimal condition;

(e) use, maintain and store the Equipment in accordance with our directions and any and all manufacturer's specifications; and

(f) ensure any Equipment packaging remains unmarked (for example, no additional labels, pen marks, etc).

10.2 You must not, nor permit any third party to:

(a) modify, disassemble, alter, or misuse the Equipment;

(b) repair, or attempt to repair, under any circumstances any Equipment that breaks down or fails during the Hire Period. Without limiting the rights and remedies available to us, you are liable for any Loss we incur in connection with a breach of this clause 10.2(b) (including for any damage caused by an attempted repair);

(d) use the Equipment in any way that could compromise its integrity, including but not limited to, exposing it to rain, salt spray, water or extreme heat or cold;

(e) loan the Equipment to another person; and

(f) take any Equipment outside Australia except in accordance with clause 11 below.

Taking Equipment Outside Australia

You must not, under any circumstances, take any Equipment outside of Australia without first obtaining our written consent (which we may withhold in our absolute discretion).

Return of Equipment

12.1 You must:

(a) return the Equipment to us:

(i) if you collected the Equipment from a Nominated Site, to that Nominated Site;

(ii) if you had the Equipment delivered to you, to the return address shown on your Order Confirmation;

(iii) on the date and by the time shown on your Order Confirmation (Return Date); and

(iv) in the same condition as it was at the commencement of the Hire Period (excluding fair wear and tear);

(b) leave the Equipment in the care of one of our representatives; and

12.2 If any Equipment is not returned to us in accordance with clause 12.1, we may charge you for the following (including by deducting part or all of these amounts from the Security Deposit):

(a) unless clause 12.2(b) applies, an amount equal to the daily hiring rate for that Equipment that applied to your Hire Period, for each day from the Return Date until the time the Equipment is returned to us in accordance with clause 12.1, up to a maximum of the replacement cost of the Equipment (as reasonably determined by us);

(b) if we declare the Equipment lost under clause 13.3, the replacement cost of the Equipment (as reasonably determined by us); and

(c) any other Losses incurred by us as a result of the late return of the Equipment or your failure to return the Equipment.

Additional Fees

13.1 We may charge you additional fees (plus applicable GST and any other taxes) if:

(a) the Equipment is not returned to us on time, as set out in clause 12.2;

(b) the Equipment is damaged (save for fair wear and tear), lost, stolen, dirty or otherwise returned to us not in the same condition as it was at the commencement of the Hire Period as determined by us in our sole discretion (and these fees will be calculated based on the cost of us repairing, restoring, cleaning or replacing the Equipment, as applicable); and

(c) any consumables supplied by us and used by you are not replaced (and these fees will be calculated based on the cost of us replacing those consumables),

and you must pay these additional fees promptly following receipt of a tax invoice from us. We may also recover some or all of these additional fees by making deductions from the Security Deposit.

13.2 We reserve the right to charge to you the following (plus applicable GST and any other taxes):

(a) all reasonable costs incurred by us in respect of repairing, restoring, cleaning and/or replacing the Equipment and/or consumables including our administrative and legal costs;

(b) all third party costs incurred by us prior to your cancellation of an Order under clause 6, including handling, transportation and delivery costs; and

(c) interest on any unpaid amount that becomes due under these Terms and Conditions, based on our cost of finance at the relevant time,

and you must pay these amounts promptly following receipt of a tax invoice from us. We may also recover some or all of these amounts by making deductions from the Security Deposit.

13.3 Unless otherwise agreed by us, and without prejudice to any other rights or remedies available to us, if you do not return the Equipment to us by the time which is three Business Days after the Return Date, we may declare the Equipment lost and you will be required to pay the cost of replacing the item with the same or substantially similar model.

Termination

14.1 We may terminate your licence to use the Equipment by providing written notice to the email address to which we sent your Order Confirmation if you:

(a) breach these Terms and Conditions; or

(b) become insolvent or bankrupt, enter into liquidation, administration or receivership, or cease to carry on business, or otherwise become unable to pay your debts as and when they fall due.

14.2 You must return the Equipment to us promptly following any termination under clause 14.1, and in any event by the end of the Hire Period.

14.3 If any Equipment is not returned to us in accordance with clause 14.2, then clauses 12.2 and 13.3 apply.

14.4 Any termination is without prejudice to any other rights or remedies which may have accrued pursuant to these Terms and Conditions before the effective date of termination.

Risk and Title

15.1 We grant to you a revocable, non-transferable, and non-exclusive right to use the Equipment during the Hire Period.

15.2 We retain full ownership and title to the Equipment.

15.3 Risk in the Equipment:

(a) passes to you upon delivery of the Equipment to the delivery address specified in the Order Confirmation or collection of the Equipment from the Nominated Address (as applicable); and

(b) returns to us once the Equipment is returned in accordance with these Terms and Conditions, we have inspected the Equipment, and we are satisfied that the Equipment is free from any damage or defects (save for fair wear and tear).

15.4 You must:

(a) keep the Equipment free from any lien, charge, security interest, or other encumbrance, other than a security interest arising under these Terms and Conditions; and

(b) hold the Equipment only as bailee for us, and you must not (and must not attempt to) transfer or dispose or part with possession of any Equipment.

15.5 Security

(a) You acknowledge that these Terms and Conditions may create a security interest in the Equipment for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA). In addition, you grant us a charge in all Equipment, which secures your performance of these Terms and Conditions, including any obligation to pay amounts owing to us under these Terms and Conditions, including the Hire Fee, the Security Deposit, and the Insurance Fee.

(b) Nothing in these Terms and Conditions may be construed as an agreement or consent by us to subordinate any security interest granted in favour of us in favour of any person or to defer or postpone the date of attachment of any security interest granted in favour of us.

(c) You must not, without our prior consent, allow the Equipment to become mixed or commingled with any other property; allow it to become an accession to any other property; or allow any other property to become an accession to the Equipment.

(d) You must do all things and provide all information necessary to enable us to perfect our security interest in the Equipment, including assisting us to complete the registration of any financing statement or financing change statement (each as defined in the PPSA).

(e) You must immediately notify us if any other person claims, or attempts to enforce, a security or other interest in the Equipment.

(f) You undertake not to change any of your details recorded in a financing statement registered by us (including changing your ACN or any ABN allocated to a trust of which you are trustee or becoming the trustee of a trust) without giving us 10 Business Days' prior notice.

(g) To the extent permitted by law, you irrevocably waive your right to receive notice of a verification statement (as defined in the PPSA) in respect of each security interest granted in favour of us.

(h) To the extent permitted by law, each party contracts out of sections 125, 132(3)(d), 142, 143 and (if permitted by section 115(7)) Part 4.3 (other than sections 123(1), 126, 128, 129(1), 133, 134(1), 136(1) and 136(2)) of the PPSA. You irrevocably waive any rights under sections 95, 118, 121(4), 130 and 132(4) of the PPSA.

(i) Where we have rights or powers in addition to, or existing separately from, those in Chapter 4 of the PPSA, those rights and powers will continue to apply and are not limited or excluded (or otherwise adversely affected) by the PPSA.

Consumer Guarantees

16.1 Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).

16.2 If, under these Terms and Conditions, you acquire goods or services as a Consumer:

(a) that are a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Good or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified; or

(b) that are not PDH Good or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option:

(i) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and

(ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied.

16.3 We do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms and Conditions or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.

Liability

17.1 You acknowledge and agree that:

(a) your use of the Equipment is at your own risk;

(b) you will ensure the Equipment is not destructed, damaged, stolen or lost whilst it is in your possession;

(d) without limiting any other provisions of these Terms and Conditions (including this clause 17.1 and clause 15), you are responsible for any destruction, damage, theft or loss of the Equipment during transportation and transit (including road, air or sea carriage) while risk in relation of the Equipment is with you pursuant to clause 15.3.

17.2 To the maximum extent permitted by law and subject to clauses 16 and 17.4, we exclude from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause 17.2 to be void).

17.3 Except for any liability under the Consumer Guarantees and subject to clause 17.4, we exclude all responsibility and liability arising from or in connection with your use of the Equipment, including, without limitation:

(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses;

(b) any loss or corruption of, or other damage to, any images captured using the Equipment; and

17.4 Notwithstanding anything in clauses 17.2 and 17.3, if:

(a) the Equipment breaks down or fails during the Hire Period; and

(b) we determine that the break down or failure does not result from your acts or omissions (including a breach of clause 10),

then, subject to you notifying us promptly following the occurrence of the break down or failure, we will refund you a portion of Hire Fee for the Equipment on a pro rata basis for the portion of the Hire Period during which the Equipment could not be used.

Insurance

18.1 You must take out and maintain a policy of insurance on terms reasonably acceptable to us:

(a) which covers any loss or damage to the Equipment for the duration of the Hire Period (and any further period you take to return the Equipment to us); and

(b) is for an amount not less than the cost of replacing the Equipment,

(Valid Insurance).

18.2 If requested, you must provide us with satisfactory evidence that you have taken out and maintained Valid Insurance.

18.3 If you do not take out and maintain Valid Insurance in accordance with clause 18.1 and/or we are unable to verify that you have taken out and maintained Valid Insurance pursuant to clause 18.2, we reserve the right to take out and maintain specific insurance in relation to your Order – in which case we will charge you an Insurance Fee.

Privacy

19.1 We may collect, use and store your personal information in accordance with these Terms and Conditions, our Privacy Policy and applicable legislation.

19.2 You represent and warrant to us that the personal information you provide to us is complete and accurate.

General

20.1 Severability – If any part of these Terms and Conditions is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining Terms and Conditions remain in force and constitute a binding agreement between you and us.

20.2 Relationship between the parties – Nothing in these Terms and Conditions constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.

20.3 No waiver – We do not waive a right, power or remedy in connection with these Terms and Conditions if we fail to exercise or delay in exercising the right, power or remedy.

20.4 Entire agreement – These Terms and Conditions, including any additional terms or policies which may be applicable to you, contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is deemed superseded by these Terms and Conditions and has no further effect.

20.5 Force majeure – To the extent permitted by applicable law and subject to clause 16, we will not be liable to you for any failure to fulfil, or delay in fulfilling, our obligations caused by circumstances outside of our reasonable control.

20.6 Governing law – These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.

20.7 Dispute resolution – If you have any issue arising out of these Terms and Conditions or in relation to the Equipment, you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.