STANDARD TERMS AND CONDITIONS OF HIRE
1. Definitions
1.1 ‘Panelfab’ refers to Aussie Hire Pty Ltd. T/As Panelfab (or Retracom) a hirer of portable buildings.
1.2 ‘Hirer’ means the person, firm, organisation or corporation hiring a Facility.
1.3 ‘Facility or Facilities’ means all buildings identified as Panelfab, together with its inclusions (furniture and/or equipment) and all associated accessories hired, or cross hired to the Hirer by Panelfab.
1.4 ‘Cross-Hire’ means any facility not owned by Panelfab but hired from other suppliers.
1.5 ‘Quotation’ means a written formal statement, with all nominated attachments, prepared and submitted to Hirer by Panelfab for supply of Facility at a specified price for a specified scope of work. A quotation is subject to these Standard Terms and Conditions of Hire.
1.6 ‘Minimum Hire Period’ means a guaranteed hire period of four (4) weeks.
1.7 ‘Hire Period’ refers to the initial agreed hire period under a Hire Contract.
1.8 ‘Hire Contract’ has the meaning given to that term in Clause 2.
1.9 ‘Off Hire’ refers when a Hirer no longer requires a hired Facility and is available for collection by Panelfab.
1.10 ‘Hire Rate’ refers to the periodic charge rate for a Facility.
1.11 ‘Provisional Sum’ is a sum allowed for an item that cannot be given a fixed price at the time of Quotation or Hire Contract.
1.12 ‘Payment Terms’ has the meaning given to that term in Clause 7.
1.13 ‘Notice of Termination’ is a written notice given either by the Hirer or Panelfab indicating their intention to terminate the Hire Contract or part thereof.
1.14 ‘Damage Waiver’ is a charge applied by Panelfab to the Hirer, if the Hirer fails to provide an acceptable insurance policy to cover any damages to a Facility during the Hire Period and is calculated under clause 19.
1.15 ‘Test and Tag’ is a generic name given to the process of visually inspecting and electrically testing in-service electrical equipment for personal safety by a qualified electrician.
1.16 ‘PPSA’ means the Personal Property Securities Act (2009) (Cth.) and any regulations or other instruments under it, and consolidations, amendments, re-enactments, or replacements of any of them.
1.17 ‘Act of God’ is a natural hazard outside human control such as flood, fire, lightning, explosion, tempest, earthquake, pandemic etc. for which neither Panelfab nor the Hirer be held responsible for.
1.18 ‘Hire Entry Photographs’ Photos taken at the commencement of the Hire Period showing the condition of the Facility at the start of a Hire Contract.
1.19 ‘Hire Exit Photographs’ records the condition of Facility at the end of a Hire Contract.
2. HIRE CONTRACT
The Hirer may accept the items, rates, and amounts, mentioned in the hire Quotation by issuing to Panelfab a purchase order or a supply agreement confirming to proceed with the hire upon the terms offered by Panelfab. Subject to clause 31, upon confirmation, a Hire Contract is formed comprising the quote, the purchase order (or other like acceptance) and these standard terms.
3. ENTIRE AGREEMENT
3.1 The Hire Contract comprises the whole of the contract between Panelfab and the Hirer. For clarity, if the Hirer’s purchase order or supply agreement is on terms which are inconsistent with these terms or the quotation, no Hire Contract is formed until Panelfab expressly accepts the changes, in writing.
4. HIRE COMMENCEMENT
The Hire Period commences on the date the Facility is dispatched or collected from Panelfab’s depot unless the parties otherwise agree in writing.
5. HIRE EXTENSION
The initial agreed Hire Period may be extended by mutual agreement. Panelfab reserves the right to review the Hire Rate once the initial agreed Hire Period has expired.
6. HIRE RATE
The Hire Rate shall be reviewed on the one-year anniversary of Hire Commencement and on each successive anniversary. Any increase in the Hire Rate shall be limited to both the percentage movement in the Consumer Price Index Brisbane (all groups) (CPI) for the relevant period and any regulatory upgrades to Facility, with any cost of such upgrade amortised over Aussie Hire’s reasonable estimate of the expected remaining hire period.
7. PAYMENT TERMS
7.1 Notwithstanding any other provisions of these terms and conditions, all outstanding fees, and charges payable by Hirer must be paid in full upon termination or expiry of the Hire Period.
7.2 Amounts owing by the Hirer shall be invoiced on or about the last business day of each month and shall be payable within 30 days of the invoice date unless agreed otherwise in writing.
7.3 The Hirer must not set off any amounts owed to Panelfab under the Hire Agreement for any reason whatsoever.
7.4 A Proforma Invoice will be issued to a new account holder/Hirer if their first hire with Panelfab is on a purchase order (not on a supply agreement). The invoice will include charges for four (4) weeks minimum hire of Facilities, delivery and pick up transport, cleaning and for any connection, modification, and installation if applicable and must be paid in advance, prior to delivery of Facility.
7.5 Late payments will accrue interest at 18% per annum on any amounts not paid within thirty (30) days of the due date.
7.6 In consideration of the Hire Contract, the Hirer charges and mortgages all of Hirer’s beneficial interest in all present and after acquired real and personal property in favour of Panelfab. The Hirer agrees to deliver to Panelfab within seven (7) days of written demand a mortgage in registrable form (or any other appropriate security) incorporating the covenants reasonably required by Panelfab in the jurisdiction relevant for the mortgage to be registered. The Hirer acknowledges and agrees that Panelfab is entitled to lodge where appropriate a caveat on the title of the Hirer’s real property or register a Financing Statement on the PPS Register to note Panelfab’s interests under this clause. If Panelfab elects to proceed in any manner under this clause or its sub-clauses, then to the extent that the Consumer Credit Laws do not apply Hirer must pay all Panelfab’ s costs (including but not limited to legal costs on an indemnity basis), fees and expenses in connection with the charge and mortgage. Hirer irrevocably appoints Panelfab, and any person nominated by Panelfab severally the attorney of Hirer with power to execute, sign and deliver any mortgage or charge or other document to give effect to the securities provided in this clause.
7.7 All payments made by the Hirer shall be made to the account or at the place nominated by Panelfab from time to time.
8. PROVISIONAL SUMS
Unless agreed otherwise in writing the Quotation price for Facility demobilisation, transport and cleaning on return are Provisional Sums only and shall be charged to Hirer at the time of off hire of Facility at a ruling rate, in accordance with industry standards adopted by Panelfab (acting reasonably) in its discretion.
9. VARIATIONS
Variations shall only be undertaken where agreed by the parties, in writing.
10. CLEANING AND RESEALING FLOORS
A Facility is hired out in a clean and tidy condition and must be returned to Panelfab in similar condition. If the Hirer fails to meet this requirement Panelfab may charge the Hirer for the reasonable costs of making the Facility compliant. Graffiti, concrete splatter, sewerage, excess mud, and coal dust removal will be charged separately at hourly rates.
11. ELECTRICAL SAFETY AND TESTING
11.1 It shall be the Hirer’s Responsibility;
(a) for the initial and any subsequent verification of the installation in accordance with AS/NZS 3001. The Hirer must provide Panelfab with copies of any electrical verification, certification, testing, inspection and/or tagging records on request.
(b) for ensuring all electrical testing, inspection and tagging is maintained in accordance with the requirements of AS/NZS 3760 during the Hire Period.
11.2 It shall be Panelfab’s Responsibility; that all additionally hired electrical equipment complies with the requirements of AS/NZS 3760 prior to delivery to the Hirer. Panelfab will ensure the Facility’s electrical infrastructure is in a state of readiness.
12. OFF HIRE
12.1 Where a Hire Contract is not (or is no longer) for a fixed period, the Hirer shall give Panelfab seven
(7) days’ notice of intention to Off Hire via the ‘Off Hire Confirmation Form’, in writing. The form must be received, completed, and returned to Panelfab, and Hirer shall ensure that the Facility is available for recovery on the due date.
12.2 The ‘Off Hire Confirmation Form’ may be emailed to hire@Panelfab.com.au
12.3 Failure to nominate a date not less than seven (7) days from the date of such notice shall render the Hirer liable to additional hire charges to make up the seven (7) days’ notice. Where the agreed Minimum Hire Period has expired and the Facility is Off Hired prior to the expiration of any monthly accounting period the rent shall be apportioned.
12.4 Hire Period concludes on the date of returning the Facility to Panelfab’s storage depot unless otherwise mutually agreed.
13. DEFAULT OF HIRER
13.1 A “Default Event” will occur if the Hirer:
(a) fails to pay any amount due to Panelfab under the Hire Contract ;
(b) breaches any provision of the Hire Contract and fails to remedy within 14 days’ notice identifying a breach by Panelfab;
(c) wrongfully refuse delivery of Facilities;
(d) purports to terminate the Hire Contract before end of the agreed Hire Period;
(e) make any assignment for the benefit of creditors;
(f) enter liquidation, insolvency, or bankruptcy;
(g) cease to continue business; or
(h) has a receiver, receiver/manager, administrator or other like external controller appointed to it.
13.2 If a Default Event occurs, Panelfab may take any of the following actions:
(a) suspend any further deliveries under the Hire Contract;
(b) retake possession of the Facility;
(c) terminate the Hire Agreement by notice in writing, and
(d) declare all amounts due and payable by the Hirer under the Hire Contract.
13.3 If a Default Event occurs, all Facilities where legal and equitable title is held by Panelfab must be returned immediately upon request. The Hirer must provide all necessary assistance to Panelfab to recover the Facilities and will pay all fees and costs (including legal fees on an indemnity basis) associated with the recovery.
14. EARLY TERMINATION OF HIRE
14.1 Notwithstanding other terms hereof to the contrary, either party may by written notice to the other party, terminate the Hire Agreement or part thereof effective from the date and time stated in the notice. If the Hire Agreement or part thereof is terminated by the Hirer without default of Panelfab or by Panelfab due to a default of Hirer, the Hirer must pay the following:
14.1.1 if the initial agreed Hire Period is less than 1 year, and termination occur before delivery, a penalty charge if specified in the hire Quotation as a cancellation fee.
14.1.2 if the initial agreed Hire Period is less than 1 year, and termination occurs after delivery but before expiry of the Minimum Hire Period (4 weeks),
(a) all monies owing to Panelfab at the time of termination, and
(b) hire charges for balance of the Minimum Hire Period.
14.1.3 if the initial agreed Hire Period is 1 year or more, and termination occurs before delivery
(a) hire charges for the Minimum Hire Period, and
(b) a cancellation fee equal to a further 8 weeks hire of Facility.
14.1.4 if the initial agreed Hire Period is 1 year or more, and termination occurs after the delivery but before the Minimum Hire Period (4 weeks)
(a) all monies owing to Panelfab at the time of termination,
(b) hire charges for balance of the Minimum Hire Period, and
(c) a cancellation fee equal to a further 8 weeks hire of Facility.
14.1.5 if the initial agreed Hire Period 1 year or above, and termination occurs after the Minimum Hire Period (4 weeks) but before 6 months of hire,
(a) all monies owing to Panelfab at the time of termination, and
(b) a cancellation fee equal to 8 weeks hire of Facility.
14.2 The termination of hire shall not affect the right of Panelfab to recover from the Hirer any monies due to Panelfab at the date of such termination or to recover damages in respect to any breach of these Terms and Conditions of Hire.
15. DELIVERY AND RECOVERY
15.1 The Hirer shall be responsible for all costs including loading and transport to site, offloading, reloading and return to Panelfab’s storage depot.
15.2 Transport, loading or unloading time delays of more than 30 minutes past scheduled caused by site conditions will incur additional charges over and above the delivery and/or pickup transport costs allowed in Hire Contract.
16. CONDITION OF FACILITY AND DAMAGE RESPONSIBILITY
16.1 Maintenance;
(a) Hirer shall use the Facilities (buildings and its inclusions such as any furniture, electronics, air conditioners etc.) in a reasonable manner consistent with the ordinary use of the Facilities.
(b) The Hirer shall at its own expense keep the Facilities in good condition including routine maintenance, reasonable wear and tear excepted.
16.2 Hire Entry Photographs;
(a) At the commencement of hire, Hire Entry Photographs noting general condition of Facility and particulars of existing damage (i.e. scratches, dents, abrasions, etc.) will be taken by Panelfab and be made available for Hirer to review.
(b) It is Hirer’s responsibility to notify Panelfab of any discrepancies in Hire Entry Photographs, within 2 weeks of delivery. If it fails to do this, the Entry Photographs will be taken to be an accurate reflection of the condition of the Facilities.
17. DAMAGE, ACCIDENT OR LOSS
17.1 Notification of damage, accident, or loss;
In the event of any loss or damage occurring to the Facility or any accident occurring, in which Facility is involved, the Hirer shall immediately notify Panelfab by telephone and in writing giving full details in respect thereof and furnish such further information as Panelfab may require, and will comply with all reasonable instructions or directions in respect of the Facility as Panelfab may advise the Hirer.
17.2 Damage or loss charges;
17.2.1 The Hirer shall be liable for all damage to or loss of the Facility from the commencement of hire until Facility return to Panelfab, other than damage that is evidenced in the Hire Entry Photographs.
17.2.2 A Damage assessment shall be made by Panelfab upon return, by comparing Hire Entry and Exit Photographs, and the cost of rectifying any such damage is payable by the Hirer upon assessment by Panelfab.
17.3 Damage or loss by a third party;
Panelfab reserves the right to pursue the recovery of any loss or damage, which is caused by a third party. Nothing in this clause affects the liability of the Hirer under clause 17.2.
17.4 Unexplained disappearance/loss or missing building inclusion (any furniture, electronic, air conditioner etc.);
17.4.1 If the Hirer fails to return any building inclusion at the time of off hire, will be charged on the final invoice and if fails to return such inclusions within 7 days of invoice date, no refund / credit will be issued.
17.4.2 Panelfab reserves the right to waive Hirer’s claim, if any, for the missing inclusion if found after 7 days and returns it to Panelfab for refund / credit.
18. INSURANCE
18.1 The Hirer must insure the Facility against loss, theft, or damage of any kind for the duration of Hire Period under a comprehensive policy of insurance.
18.2 In the event of damage, loss or theft, the Hirer’s policy must cover full new replacement cost of Facility.
18.3 The policy must include Panelfab as an insured party. The policy must be kept current during the Hire period and, the current certificate shall be provided to Panelfab upon request.
18.4 A Damage Waiver will be charged automatically unless the Hirer provides a copy of current certificate of insurance evidencing an appropriate insurance policy.
18.5 Panelfab reserves the right to determine the suitability of an insurance policy produced in order to remove Damage Waiver. It is ultimately the Hirer’s responsibility to make sure an adequate insurance cover is in place.
19. DAMAGE WAIVER TERMS
19.1 Damage Waiver charges;
14% of the rental cost of Hired Facility (incorporating buildings, inclusions, and associated accessories) payable monthly on rental invoice on existing credit terms.
19.2 Coverage;
Damage or loss by Act of God; flood, fire, lightening, explosion, storm, or tempest etc., and collision, accident, burglary, transport to replace and install alternative equipment which was included in the Hire Contract. All claims require a supporting police incident report and number.
19.3 Exclusions;
Damage Waiver cover does not extend to;
(a) malicious damage,
(b) abuse, misuse, or negligence by Hirer,
(c) graffiti and/or
(d) unexplained disappearances.
Claims for unexplained disappearances will be considered if there is a supporting police report is available.
19.4 Damage Waiver excess;
(a) $1500 for complete replacement of building and excess of $1500 maximum for each event and/or,
(b) $500 for complete replacement of ancillary equipment and excess of $500 maximum for each event.
19.5 Multiple Damages or Losses;
If more than one building or multiple equipment are involved, the damages or losses will be treated as a single claim with one excess on condition that Damage Waiver charges have been paid to cover all items.
19.6 Damage Waiver cover becomes void;
If Hirer’s rental payments are in arrears, then Hirer’s Damage Waiver cover may be void at Panelfab’s discretion.
20. LIABILITY AND INDEMNITY
20.1 The Hirer shall indemnify Panelfab from and against all claims, suites or demands made against or for which Panelfab may be or become liable in respect of or arising from any claim from any cause whatsoever to any property or person occurring upon or arising from the Facility occasioned or contributed to by any neglect or default of Hirer, and any claim for accidental death from any cause whatsoever to property or person caused or contributed to be the use of Facility by Hirer.
20.2 The Hirer will duly and punctually pay all rents, rates, taxes, charges, and impositions payable in respect of the premise upon which Facility shall be situated and will protect Facility against distress or seizure and indemnify Panelfab against all losses, costs, charges, damages, and expenses incurred, by Hirer by reason or in respect of any breach of this clause.
20.3 Notwithstanding any other clause of these Terms, to the extent permitted by law and whether arising in contract, tort (including negligence), equity, warranty, indemnity, statute or otherwise:
(a) Panelfab’s aggregate liability arising out of or in connection with this Hire Agreement is limited to an amount equal to the Hire Rate paid by the Hirer under the Hire Contract; and
(b) Panelfab is not liable for any consequential loss howsoever caused or for any loss suffered by third parties under or in connection with the Hire Contract.
20.4 Subject to clause 20.3 and except as expressly set out in these terms, all guarantees, terms, conditions, warranties, undertakings or representations whether express or implied, statutory or otherwise, relating to this Hire Contract are excluded to the maximum extent permitted by law.
20.5 Where Panelfab is not able to exclude a guarantee, term, condition, warranty, undertaking or representation by law in relation to this Hire Contract (a Non-Excludable Provision), then Panelfab’s Liability for breach of a Non- Excludable Provision is limited to (at Panelfab’s option):
(a) In the case of goods, the repair or replacement of the goods or the supply or substitute of goods (or the cost of doing so); or
(b) In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
21. SITE CONDITION, INSTALLATION AND DEMOBILISATION
21.1 Hirer shall responsible for all site conditions above and below the surface, including all environmental matters as may affect the site installation work. The Hirer also warrants that they have sought and obtained all necessary approvals, permits, and shall be deemed to have made all necessary inspections, made inquiries of all matters about the site, and warrants that the installation works are capable of being performed without any disruption.
21.2 Hirer will ensure that Panelfab has clear and sufficient access to site to carry out work under Hire Contract. Hirer will arrange traffic control and provide adequate site facilities, including adequate vehicular offloading, and secure storage, if required, so that Panelfab can perform the works safely.
21.3 Unless specifically mentioned in the Hire Contract site installation and demobilisation considers a single occurrence only, and continuity of work. Multiple site establishment or partial demobilisation will incur additional or extra-over cost which will be agreed between parties before any work is being undertaken.
22. TIE DOWN
Panelfab recommends that all portable buildings be secured to the ground with tie-downs. The cost of tie-downs is not included in site installation pricing unless specifically provided for in writing in the Hire Agreement.
23. RELOCATION
23.1 The Hirer must not relocate the Facilities on or between sites without Panelfab’s prior written consent which may be given or refused in Panelfab’s absolute discretion.
23.2 The Hirer must keep Facility in its possession and will not remove the whole or any part or parts thereof from the site to which it was initially delivered by Panelfab or from the site to which it was moved subsequently with the consent of Panelfab.
23.3 Relocation Procedure, if consented;
23.3.1 The initial site will be OFF HIRED; Facility will be returned to Panelfab’s storage depot following the off-hire procedures mentioned elsewhere in this document.
23.3.2 The new site will have a new ON HIRE CONTRACT once the Facility has undertaken Panelfab’s on-hire preparation procedures to maintain the standards of Facility.
23.3.3 Notwithstanding clause 23.3.2 if Panelfab consents in writing to the Hirer relocating the Facility between sites without first returning it to Panelfab’s storage depot, the OFF HIRE/ON HIRE process will follow the procedures in (a) and (b) below at the initial site just before the delivery or at the new site right after the delivery, AT A COST to the Hirer.
(a) A Panelfab representative will attend the site and will conduct a ‘relocation inspection’ for any damages, issues, missing furniture etc. in the presence of Hirer’s representative to witness and sign off.
(b) Subject to Clause 16 and Clause 17, any damage, issues will be rectified, and missing furniture cost will be assessed, photographs taken and documented on the condition of Facility for the new hire.
23.3.4 Subject to obtaining consent as aforementioned, Hirer shall, only lift the Facility with a suitable spreader bar, and nylon slings, unless the Facility is fitted with top lifting equipment. Failure to do so will incur Hirer liable for any damage or injury sustained in the removal of Facility.
23.4 If Facility is relocated by Hirer at any time without a written consent of Panelfab and/or in contrary to Subclause 23.3, Hirer shall responsible for any damages to Facility during transit, subsequent hire breakdowns and any additional costs incurred in recovery of Facility from the new site.
24. OWNERSHIP
The Facility remains the property of Panelfab unless an agreement is reached between Panelfab and Hirer to purchase. If that should occur title will only transfer when payment is received in full.
25. LIQUIDATED DAMAGES
Notwithstanding any failure by Panelfab to deliver Facility to any delivery point, have available for collection or, carry out any site works or perform any other obligation under the Hire Contract by a specific date, Panelfab is not liable to the Hirer for any damages, whether liquidated or unliquidated, unless agreed otherwise in the Hire Contract.
26. SUBCONTRACTING
Panelfab may subcontract any part of its obligations under the Hire Contract.
27. ALTERATION AND REPAIR
27.1 The Facility shall not be altered or repaired in any way by Hirer unless agreed by Panelfab in writing.
27.2 Hirer shall not allow any lien to be created upon Facility whether for repairs or otherwise.
28. ASSIGNMENT, SALE, OR TRANSFER
28.1 During the hire, Hirer shall not sell, offer for sale, mortgage and/or pledge the Facility.
28.2 The rights and obligations of the Hirer under the Hire Contract may not be transferred or assigned to a third party without the consent of Panelfab in writing.
29. SERVICE CONNECTION / DISCONNECTION AND GOVERNMENT RELATED CHARGES (STATE & FEDERAL)
Hirer is responsible for the connection and disconnection of all services and any applicable council fees.
30. DISPUTES
All questions or differences which may arise between Panelfab and the Hirer arising out of these terms and conditions of hire or any of them or as to the rights, duties and liabilities of Panelfab and the Hirer of their respective representatives shall be referred for Arbitration to the President of the Hire Association of
Queensland (or persons appointed by him) in accordance with and subject to the Conditions of the Arbitration Act 1973 (QId) or any statutory modification or re-enactment thereof for the time being in force and the decision of such Arbitrator shall be final and binding.
31. AVAILABILITY
A Facility offered by Panelfab in a hire Quotation is, notwithstanding any other provision of these Terms, subject to availability. Before issuing a purchase order or a supply agreement to confirm proceeding with the hire, it is recommender the Hirer consult with Panelfab in sufficient lead time to the anticipated Hire Commencement date to confirm availability.
32.1 The Hirer acknowledges and agrees that:
(a) This Hire Contract constitutes a security agreement and a PMSI for the purposes of the PPSA; and
(b) A security interest is taken in all Facilities supplied by Panelfab to the Hirer (if any) and all Facilities that will be supplied in the future by Panelfab to the Hirer during the parties’ relationship.
32.2 The Hirer agrees to do anything (including obtaining consents, signing or producing any further documents, and/or providing any further information) which Panelfab asks and consider necessary for the purposes of:
(a) Ensuring that the security interest is enforceable, perfected and otherwise effective; and/or
(b) Enabling Panelfab to apply for any registration, complete any financing statement, financing change statement or give any notification, in connection with the security interest; and/or
(c) Enabling Panelfab to exercise rights in connection with the security interest.
32.3 The Hirer waives any rights it may have:
(a) To receive notices under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 134(1)
and 135 and 157 of the PPSA; and
(b) Under sections 142 and 143 of the PPSA.
32.4 The parties agree that sections 96 and 117 of the PPSA do not apply to these terms and conditions.
32.5 Neither Panelfab nor the Hirer will disclose information of the kind mentioned in section 275(1) of the PPSA, and the Hirer will not authorise, and will ensure that no other party authorises, the disclosure of such information.
32.6 Terms used in this clause that are defined in the PPSA shall have those meanings.
33. REVIEW OF CREDIT APPROVAL
33.1 Panelfab may, in its discretion, review any credit account Panelfab have granted to the Hirer.
33.2 Panelfab may, in its discretion, withdraw credit for any reason, including but not limited to a Hirer’s change of circumstances, Hirer fails to make payments on time or Hirer fail to use Facility in accordance with the terms of Hire Contract.
33.3 If Panelfab withdraw credit, the Hirer may terminate the Hire Contract immediately by giving Panelfab a written notice. However, if the Hirer exercises this right then subject to Clause 14, the Hirer must:
(a) Pay amounts that were subject to credit in accordance with the terms on which that credit was provided, and
(b) Pay all amounts due to Panelfab under the Hire Agreement, including hire charges and transport costs until Facility is returned to Panelfab and in Panelfab’s possession.
34. GST
34.1 Any terms capitalised in clause 34 and not already defined in clause 1 have the same meaning given to those terms in the A New Tax System (Goods and Services) Act 1999 (GST Act).
34.2 The consideration for a Supply made under or in connection with a Hire Contract does not include GST (unless expressly stated otherwise).
34.3 If a Supply made under or in connection with a Hire Contract is a Taxable Supply, then at or before the time the consideration for the Supply is payable Panelfab must give the Hirer a Tax Invoice for the Supply.
35. ALTERATIONS
Panelfab may amend, supplement or replace these terms from time to time. If this occurs Panelfab will give the Hirer reasonable notice of the change. If, after giving such notice the Hirer continues to pay the Hire Rate, it will be deemed to have accepted the amended Terms.