Terms and Conditions

T&LG Kennard t/as Teknik Group – Terms & conditions of trade.

 

  1. Definitions

1.1 “Teknik Group” means Teknik Group its successors and assigns or any person acting on behalf of and with the authority of Teknik Group.

1.2 “Client” means the person/s buying the Goods, hiring Equipment, or hiring Labour (each as applicable) as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.

1.3 “Goods” means all Goods or Services supplied by Teknik Group to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other, for the purposes of this agreement where the context so permits ‘Services’ shall also include the supply of “Labour”).

1.4 “Equipment” means all Equipment including any accessories supplied on hire by Teknik Group to the Client (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by Teknik Group to the Client.

1.5 “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by Teknik Group to the Client.

1.6 “Price” means the Price payable for the Goods and/or Equipment/Labour hire as agreed between Teknik Group and the Client in accordance with clause 4 below.

 

  1. Acceptance

2.1 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 the Goods/Equipment.

2.2 These terms and conditions may only be amended with Teknik Groups consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Teknik Group .

 

  1. Change in Control

3.1 The Client shall give Teknik Group 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, or business practice). The Client shall be liable for any loss incurred by Teknik Group as a result of the Client’s failure to comply with this clause.

 

  1. Price and Payment

4.1 At Teknik Groups sole discretion the Price shall be either:

(a) as indicated on any invoice provided by Teknik Group to the Client; or

(b) the Price as at the date of delivery of the Goods/Equipment according to Teknik Group current price list, or ex-warehouse prices, unless otherwise agreed in writing;

(c) Teknik Group quoted prices (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

4.2 Teknik Group reserves the right to change the Price if a variation to Teknik Groups quotation is requested. Any variation as a result of additional Goods required (including, but not limited to, any variation in details, sizes, quantities and delivery instructions) will be charged for on the basis of the Seller’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion

4.3 The Client acknowledges and accepts that Teknik Group quotations, variations, invoices, credit notes and related documentation are issued without prejudice and are subject to errors and omissions, and may therefore change without notice, where an error or omission is discovered. The Client shall not be entitled to treat this contract as repudiated in the event of such an error or omission.

4.4 At Teknik Groups sole discretion a non-refundable deposit may be required.

4.5 Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by Teknik Group , which may be:

(a) on delivery of the Goods/Equipment;

(b) before delivery of the Goods/Equipment;

(c) by way of instalments/progress payments in accordance with Teknik Groups payment schedule;

(d) thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;

(e) the date specified on any invoice or other form as being the date for payment; or

(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Teknik Group .

4.6 Payment may be made by cash, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to five percent (5%) of the Price), or by any other method as agreed to between the Client and Teknik Group .

4.7 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Teknik Group an amount equal to any GST. Teknik Group must pay for any supply by Teknik Group under this or any other agreement for the sale of the Goods/hire of the Equipment. 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. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

  1. Delivery of Goods/Equipment

5.1 Delivery (“Delivery”) of the Goods/Equipment is taken to occur at the time that:

(a) the Client or the Client’s nominated carrier takes possession of the Goods/Equipment at Teknik Groups address; or

(b) Teknik Group (or Teknik Groups nominated carrier) delivers the Goods/Equipment to the Client’s nominated address even if the Client is not present at the address.

5.2 At Teknik Groups sole discretion the cost of delivery is either included in the Price or is in addition to the Price.

5.3 The Client must take delivery by receipt or collection of the Goods/Equipment whenever either is tendered for delivery. In the event that the Client is unable to take delivery of the Goods/Equipment as arranged then Teknik Group shall be entitled to charge a reasonable fee for redelivery of the Goods/Equipment and/or the storage of the Goods.

5.4 Teknik Group may deliver the Goods/Equipment in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

5.5 Any time or date given by Teknik Group to the Client is an estimate only. The Client must still accept delivery of the Goods/Equipment even if late and Teknik Group will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.

 

  1. Risk to Goods

6.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.

6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Teknik Group is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Teknik Group is sufficient evidence of Teknik Groups rights to receive the insurance proceeds without the need for any person dealing with Teknik Group to make further enquiries.

6.3 If the Client requests Teknik Group to leave Goods outside Teknik Groups premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.

6.4 Any advice, recommendation, information, assistance or service provided by Teknik Group in relation to the Goods supplied is given in good faith, is based on Teknik Groups own knowledge and experience, and shall be accepted without liability on the part of Teknik Group . It shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes, or intends to make, of the Goods.

 

  1. Title to Goods

7.1 Teknik Group and the Client agree that ownership of the Goods shall not pass until:

(a) the Client has paid Teknik Group all amounts owing to Teknik Group ; and

(b) the Client has met all of its other obligations to Teknik Group .

7.2 Receipt by Teknik Group 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.

7.3 It is further agreed that:

(a) until ownership of the Goods passes to the Client in accordance with clause 7.1 that the Client is only a bailee of the Goods and must return the Goods to Teknik Group on request.

(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Teknik Group and must pay to Teknik Group the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Teknik Group and must pay or deliver the proceeds to Teknik Group on demand.

(d) the Client should not convert or process the Goods 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 Teknik Group and must sell, dispose of or return the resulting product to Teknik Group as it so directs.

(e) the Client irrevocably authorises Teknik Group to enter any premises where Teknik Group believes the Goods are kept and recover possession of the Goods.

(f) Teknik Group may recover possession of any Goods in transit whether or not delivery has occurred.

(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Teknik Group.

(h) Teknik Group may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

 

  1. Personal Property Securities Act 2009 (“PPSA”)

8.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

8.2 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 Goods/Equipment that has previously been supplied and that will be supplied in the future by Teknik Group to the Client.

8.3 The Client undertakes to:

(a) 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 Teknik Group may reasonably require to;

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 8.3(a)(i) or 8.3(a)(ii);

(b) indemnify, and upon demand reimburse, Teknik Group 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 Goods/Equipment charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of Teknik Group ;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods/Equipment in favour of a third party without the prior written consent of Teknik Group ;

(e) immediately advise Teknik Group of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.

8.4 Teknik Group 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.

8.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

8.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

8.7 Unless otherwise agreed to in writing by Teknik Group , the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

8.8 The Client must unconditionally ratify any actions taken by Teknik Group under clauses 8.3 to 8.5.

8.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

  1. Security and Charge

9.1 In consideration of Teknik Group agreeing to supply the Goods/Equipment, 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, 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).

9.2 The Client indemnifies Teknik Group from and against all Teknik Group costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Teknik Groups rights under this clause.

9.3 The Client irrevocably appoints Teknik Group and each director of Teknik Group as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 9 including, but not limited to, signing any document on the Client’s behalf.

 

  1. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

10.1 The Client must inspect the Goods/Equipment on delivery and must within seven (7) days of delivery notify Teknik Group 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 Goods/Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Teknik Group to inspect the Goods/Equipment.

10.2 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).

10.3 Teknik Group acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

10.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Teknik Group makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Equipment. Teknik Groups liability in respect of these warranties is limited to the fullest extent permitted by law.

10.5 If the Client is a consumer within the meaning of the CCA, Teknik Groups liability is limited to the extent permitted by section 64A of Schedule 2.

10.6 If Teknik Group is required to replace any Goods under this clause or the CCA, but is unable to do so, Teknik Group may refund any money the Client has paid for the Goods.

10.7 If Teknik Group is required to rectify, re-supply, or pay the cost of re-supplying any Services/Equipment under this clause or the CCA, but is unable to do so, then Teknik Group may refund any money the Client has paid for the Services/Equipment but only to the extent that such refund shall take into account the value of Services/Equipment which have been provided to the Client which were not defective.

10.8 If the Client is not a consumer within the meaning of the CCA, Teknik Group liability for any defect or damage in the Goods is:

(a) limited to the value of any express warranty or warranty card provided to the Client by Teknik Group at Teknik Groups sole discretion;

(b) limited to any warranty to which Teknik Group is entitled, if Teknik Group did not manufacture the Goods;

(c) otherwise negated absolutely.

10.9 Subject to this clause 10, returns will only be accepted provided that:

(a) the Client has complied with the provisions of clause 10.1; and

(b) Teknik Group has agreed that the Goods are defective; and

(c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and

(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

10.10 Notwithstanding clauses 10.1 to 10.9 but subject to the CCA, Teknik Group shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the Client failing to properly maintain or store any Goods/Equipment;

(b) the Client using the Goods/Equipment for any purpose other than that for which they were designed;

(c) the Client continuing the use of the Goods/Equipment after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d) the Client failing to follow any instructions or guidelines provided by Teknik Group ;

(e) fair wear and tear, any accident, or act of God.

10.11 In the case of second hand Goods, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full opportunity to inspect the second hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by Teknik Group as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Client acknowledges and agrees that Teknik Group has agreed to provide the Client with the second hand Goods and calculated the Price of the second hand Goods in reliance of this clause 10.11.

10.12 Teknik Group may in its absolute discretion accept non-defective Goods for return in which case Teknik Group may require the Client to pay handling fees of up to thirty percent (30%) of the value of the returned Goods plus any freight costs.

10.13 Notwithstanding anything contained in this clause if Teknik Group is required by a law to accept a return then Teknik Group will only accept a return on the conditions imposed by that law.

 

  1. Intellectual Property

11.1 The Client warrants that all designs, specifications or instructions given to Teknik Group will not cause Teknik Group to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Teknik Group against any action taken by a third party against Teknik Group in respect of any such infringement.

11.2 The Client agrees that Teknik Group may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods/Equipment which Teknik Group has created for the Client.

 

  1. Default and Consequences of Default

12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Teknik Groupssole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

12.2 If the Client owes Teknik Group any money the Client shall indemnify Teknik Group from and against all costs and disbursements incurred by Teknik Group in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Teknik Group collection agency costs, and bank dishonour fees).

12.3 Without prejudice to any other remedies Teknik Group may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Teknik Group may suspend or terminate the supply of Goods/Equipment to the Client. Teknik Group will not be liable to the Client for any loss or damage the Client suffers because Teknik Group has exercised its rights under this clause.

12.4 Without prejudice to Teknik Group other remedies at law Teknik Group shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Teknik Group shall, whether or not due for payment, become immediately payable if:

(a) any money payable to Teknik Group becomes overdue, or in Teknik Groups opinion the Client will be unable to make a payment when it falls due;

(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

 

  1. Cancellation

13.1 Teknik Group may cancel any contract to which these terms and conditions apply or cancel delivery of the Goods/Equipment or the supply of Labour at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Teknik Group shall repay to the Client any money paid by the Client for the Goods/Equipment or the supply of Labour. Teknik Group shall not be liable for any loss or damage whatsoever arising from such cancellation.

13.2 In the event that the Client cancels delivery of Goods/Equipment or the supply of Labour the Client shall be liable for any and all loss incurred (whether direct or indirect) by Teknik Group as a direct result of the cancellation (including, but not limited to, any loss of profits).

13.3 Cancellation of orders for Goods/Equipment 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.

 

  1. Privacy Act 1988

14.1 The Client agrees for Teknik Group to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Teknik Group.

14.2 The Client agrees that Teknik Group may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(a) to assess an application by the Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c) 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

(d) to assess the creditworthiness of the Client.

 

The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

14.3 The Client consents to Teknik Group being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

14.4 The Client agrees that personal credit information provided may be used and retained by Teknik Group for the following purposes (and for other purposes as shall be agreed between the Client and Teknik Group or required by law from time to time):

(a) the provision of Goods/Equipment; and/or

(b) the marketing of Goods/Equipment by Teknik Group , its Teknik Group or distributors; and/or

(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods/Equipment; and/or

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.

14.5 Teknik Group may give information about the Client to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Client;

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

14.6 The information given to the credit reporting agency may include:

(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s license number);

(b) details concerning the Client’s application for credit or commercial credit and the amount requested;

(c) advice that Teknik Group is a current credit provider to the Client;

(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;

(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;

(f) information that, in the opinion of Teknik Group , the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);

(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;

(h) that credit provided to the Client by Teknik Group has been paid or otherwise discharged.

 

  1. Confidentiality

15.1 Teknik Group and the Client agree to keep confidential any information in relation to the other party which is not in the public domain (including, but not limited to, trade secrets, processes, formulae, accounts, marketing, designs, databases and all other information held in any form).

 

  1. Unpaid Seller’s Rights

16.1 Where the Client has left any item with Teknik Group , modification, exchange or for Teknik Group to perform any other service in relation to the item and Teknik Group has not received or been tendered the whole of any moneys owing to it by the Client, Teknik Group shall have, until all moneys owing to Teknik Group are paid:

(a) a lien on the item; and

(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.

16.2 The lien of Teknik Group shall continue despite the commencement of proceedings, or judgment for any moneys owing to Teknik Group having been obtained against the Client.

 

  1. Other Applicable Legislation

17.1 At the Seller’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payment Act 2002 (Victoria), Building and Construction Industry Security of Payments Act 1999 (New South Wales), Construction Contracts Act 2004 (Western Australia), Building and Construction Industry Payments Act 2004 (Queensland), Construction Contracts (Security of Payments) Act (Northern Territory of Australia), Building and Construction Industry Security of Payments Act 2009 (Tasmania), Building and Construction Industry Security of Payments Act 2009 (South Australia) and Building and Construction Industry (Security of Payment) Act 2009 (Australian Capital Territory) may apply.

17.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the any of the Acts listed in clause 17.1 (each as applicable), except to the extent permitted by the Act where applicable.

 

  1. General

18.1 The failure by Teknik Group to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Teknik Group 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.

18.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state of New South Wales which Teknik Group has its principal place of business, and are subject to the jurisdiction of the Ryde court in that state.

18.3 Subject to clause 10 Teknik Group 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 Teknik Group of these terms and conditions (alternatively Teknik Groups liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Equipment hire).

18.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Teknik Group nor to withhold payment of any invoice because part of that invoice is in dispute.

18.5 Teknik Group may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

18.6 The Client agrees that Teknik Group may amend these terms and conditions at any time. If Teknik Group makes a change to these terms and conditions, then that change will take effect from the date on which Teknik Group notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Teknik Group to provide Goods/Equipment to the Client.

18.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

18.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

 

Additional Terms & Conditions Applicable to Equipment Hire Only

  1. Hire Period

19.1 Hire charges shall commence from the time the Equipment is collected by the Client from Teknik Groups premises and will continue until the return of the Equipment to Teknik Groups premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.

19.2 If Teknik Group agrees with the Client to deliver and/or collect the Equipment, hire charges shall commence from the time the Equipment leaves Teknik Group premises and continue until the Client notifies Teknik Group that the Equipment is available for collection, and/or until the expiry of the Minimum Hire Period, whichever last occurs.

19.3 The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.

19.4 No allowance whatsoever can be made for time during which the Equipment is not in use for any reason, unless Teknik Group confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Client notifies Teknik Group 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.

 

  1. Risk to Equipment

20.1 Teknik Group retains property in the Equipment, nonetheless all risk for the Equipment passes to the Client on delivery.

20.2 The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies Teknik Group 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.

20.3 The Client will insure, or self insure, Teknik Groups 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 effect 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.

20.4 The Client accepts full responsibility for and shall keep Teknik Group 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.

 

  1. Title to Equipment

21.1 The Equipment is and will at all times remain the absolute property of Teknik Group .

21.2 If the Client fails to return the Equipment to Teknik Group when requested then Teknik Group or Teknik Groups nominated 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.

21.3 The Client is not authorised to pledge Teknik Group credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.

 

  1. Client’s Responsibilities

22.1 The Client shall:

(a) maintain the Equipment as is required by Teknik Group (including, but not limited to, Regular service carried out by Teknik Group, keeping equipment clean, and ensuring the equipment is not tampered with);

(b) notify Teknik Group 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;

(c) satisfy itself at commencement that the Equipment is suitable for its purposes;

(d) 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 Teknik Group or posted on the Equipment;

(e) ensure that all persons operating the Equipment are suitably instructed in its safe and proper use and where necessary have undergone training off Teknik Group. They shall provide evidence of the same to Teknik Group upon request;

(f) comply with all occupational health and safety laws relating to the Equipment and its operation;

(g) 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 Teknik Group;

(h) 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;

(i) 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;

(j) employ the Equipment solely in its own work and shall not permit the Equipment of any part thereof to be used by any other party for any other work;

(k) not exceed the recommended or legal capacity limits of the Equipment;

(l) not use or carry any illegal, prohibited or dangerous substance in or on the Equipment;

(m) not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold;

22.2 Immediately on request by Teknik Group the Client will pay:

(a) the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Teknik Group ;

(b) all costs incurred in cleaning the Equipment;

(c) all costs of repairing any damage caused by the ordinary use of the Equipment up to an amount equal to ten percent (10%) of the new list price of the Equipment;

(d) the cost of repairing any damage to the Equipment caused by the negligence of the Client or the Client’s Teknik Group ;

(e) the cost of repairing any damage to the Equipment caused by vandalism, or (in Teknik Groups reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client;

(f) the cost of fuels and consumables provided by Teknik Group and used by the Client.

COPYRIGHT- TEKNIK GROUP 2020

 

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