Form C+CF001.Hire / Store Agreement (With Terms of Trade)
Release issue: C+CF001_1.0 Persons interested in receiving further information concerning this Policy can contact the company’s sales office on: +61 7 40332200 [email protected] 
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Compass Containers Pty Ltd (hereinafter “the Company” / ‘the owner”) agrees to hire the Container to the Customer on terms set out in this document. If the Customer wishes to hire the Container the Customer must complete and sign (or otherwise accept in the manner required by the Owner) a Hire Schedule and such other documents as the Owner may require. Each subsequent Hire & Storage Agreement is not a separate contract but forms a part of this Hire & Storage Agreement between the Owner and the Customer.
1. Definitions of Words in this Agreement
Authority means any Governmental or semi-Governmental or Local Government Authority, public agency, statutory corporation or other utility of legal entity having statutory right in respect of approvals.
Claim means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent.
Commencement means the date upon which the Container is hired as specified in the Hire Schedule as the ‘On Hire Date’.
Customer means the person or entity specified in the Hire Schedule and includes the Customer’s employees, executors, administrators and representatives.
Container means any kind of Container or Containers hired by the Customer from the Owner from time to time.
Delivery Address means the address where the Container is to be delivered to as specified in the Hire Schedule.
Goods means the property from time to time stored in the Container.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (CTH).
Hire Charge means the amount specified in the Hire Schedule payable by the Customer to hire the Container.
Hire Period means the period from the Commencement until the conclusion of the hire as specified in the Hire Schedule.
The Owner may issue and require the Customer to sign an amended Hire Schedule for any extension of the Hire Period.
Hire Schedule means the document that specifies the number of Containers to be hired, the Hire Period, the Hire Charge and
other details relating to the hire of the Container.
Owner means Compass Containers Pty Ltd (ABN 22 169 170 816) and its Personnel.
Personnel in relation to a party means the party’s officers, office-holders, employees, agents and contractors.
PPS Act means the Personal Property Securities Act 2009 (CTH).
Tax Invoice has the same meaning as in the GST Act. 2.
2. The Owner’s Obligations
The Owner will provide the Customer with a Container for the Hire Period;
1. in a clean condition and in good repair; and,
2. arrange for the Container to be delivered to the Customer at the Commencement of the Hire Period at the Customer’s expense; and arrange for the Container to be returned to the Owner at the end of the Hire Period at the Customer’s expense.
3. Obligations of the Customer
The Customer: must ensure that the Owner is granted unfettered access to the Delivery Address for delivery and collection of the Container; must maintain the Container in good repair and condition, fair wear and tear excepted; must ensure the Container is at all times stored safely and protected from theft, loss or damage and is used in accordance with the manufacturer’s guidelines; warrants that only Goods owned by the Customer will be stored in the Container unless otherwise agreed in writing with the Owner; must not move or cause the Container to be moved from the Delivery Address without first obtaining prior written consent from the Owner; must immediately notify the Owner of any loss, theft or damage to the Container; authorises the Owner to inspect the Container at any time during the Hire Period; must remove all Goods from the Container at the end of the Hire. Period; and must return the Container in a clean state including free from graffiti, labels and other markings and in good repair at the end of the Hire Period.
4. Payments by the Customer to the Owner
Subject to any other agreement between the parties and unless specified by the Owner in writing, the Hire Charge must be paid by the Customer and is due for payment within seven (7) days of the date that the Owner delivers a Tax Invoice to the Customer for the hire of the Container. If the Customer does not pay the Hire Charge by the due date for payment under this Agreement, the Owner may charge the Customer interest on the outstanding amount calculated daily at 10% per annum on all amounts owing by the Customer until the outstanding amount is paid in full. The Owner may vary the interest rate under clause 4.2 from time to time by notifying the Customer.
The Customer must pay all amounts specified on the Tax Invoice, including:
If the delivery of the Container is delayed at the Customer’s request or as a result of any act or omission on the part of the Customer, the Hire Charge will be due and payable from the date specified in the Hire Period as the Commencement Date. If the Customer terminates this Agreement before the end of the Hire Period, the Customer will pay the Hire Charge to the Owner, plus all other associated amounts, in respect of the balance of the Hire Period as if this Agreement had not been terminated.
5. Personal Property Securities Act
5.1 All terms capitalised in this clause that are not defined in these Conditions take their meaning as defined in the PPS Act. This Agreement:
(i) the Container previously supplied by the Owner to the Customer; and
(ii) all future Container supplied by the Owner to the Customer.
5.2 The Customer must do all things necessary to assist the Owner to continuously perfect any Security Interest arising under this Agreement, including signing any documents or providing any information the Owner reasonably requests for the purposes of protecting its interest under the PPS Act. Any Container supplied by the Owner to the Customer will constitute a Purchase Money Security Interest (PMSI). The PMSI will continue for any goods coming into existence or for the Proceeds from the sale of the Container. Until title passes from the Owner to the Customer under this Agreement, the Customer will not or will not permit any Security Interest to be created in the Container without the Owner’s written consent. If the Container supplied by the Owner to the Customer is Commingled with any other property, the Owner will have a Security Interest in those Commingled goods including the Container supplied under this Agreement. The Customer must not lodge or permit the lodgement of a Financing Change Statement or an Amendment Demand in respect of the Container without the Owner’s consent.
5.3 The Customer must immediately notify the Owner in writing of any change in the Customer’s name or other identifying characteristics of the Customer or the Container in which the Owner holds any Security
5.4 Interest. To the maximum extent permitted by the PPS Act:
5.5 For the purposes of section 275(6) of the PPS Act, the Customer must keep confidential any information relating to this Agreement which is in the nature of information which an interested person could access under section 275(1) of the PPS Act.
6. Defects in Container
The Container will be deemed received by the Customer in good condition unless written notice of shortages and/or defects are received by the Owner within two (2) days of the Container being delivered to the Customer at the Commencement of the Hire Period.
7. Breach of Agreement by Customer
7.1 If the Customer becomes bankrupt, insolvent, ceases business or breaches any term of the Agreement then the Owner will be entitled to:
1. terminate this Agreement; and/or\
2. sue for recovery of all monies owing by the Customer, and/or
3. repossess and remove the Container (and is authorised to enter any premises where the Container is located to do so); and/or
4. exercise any or all of its other rights in accordance with the law.
7.2 The Owner may terminate this Agreement without penalty if, for any reason, it considers that it cannot supply the Container to the Customer.
7.3 Upon termination of this Agreement:
7.4 The Owner may terminate this Agreement at its sole discretion prior to delivery of the Container to the Customer if it receives a credit assessment of the Customer that is considered be unsatisfactory.
8. Removal of Container
8.1 The Customer grants the Owner unfettered access to the Delivery Address to:
8.2 Upon the end of the Hire Period or earlier termination, the Customer agrees to return the Container to the Owner free from any Goods, failing which the Customer irrevocably appoints the Owner as its agent to remove the Goods at the Customer’s expense.
8.3 The Customer acknowledges and agrees that the Owner is not liable for any loss or damage occasioned to the Goods where they are removed in the circumstances referred to in clause 8.2.
8.4 The Customer acknowledges and agrees that the Owner is under no obligation to ensure the safe storage of the Goods where they are removed in the circumstances referred to in clause 8.2 above and the Owner is entitled to leave the Goods at the Delivery Address or any other premises occupied by the Customer or sell the Goods and apply the proceeds of sale to the payment of any outstanding Hire Charges.
9. Limitation of Liability
9.1 The Owner gives no warranties and makes no representations whatsoever relating to the Container’s condition, quality, suitability or fitness for any ordinary or special use of the Container.
9.2 Nothing in this Agreement excludes, restricts or modifies any rights the Customer may have under the Australian Consumer Law or any other law which operates to protect the hirers of goods in various circumstances.
9.3 The Owner’s liability for breach of any condition or warranty is limited to the supplying of the Container again to the Customer or to the repair of the Container at the Owner’s expense.
10. Disputes
The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to the Owner in writing within 30 days of the date of the Tax Invoice. In the event that no communication is received from the Customer within that 30-day period, the Hire Charges are deemed to be accepted by the Customer.
11. Governing Law
The Owner and the Customer agree that this Agreement will be construed in accordance with the laws in force in Queensland and the parties submit to the jurisdiction of these Courts of Queensland.
12. Risk
12.1 The Customer holds the Container as a Bailee only and title to and in the Container remains with the Owner at all times.
12.2 The Container will be entirely at the risk of the Customer from the date that it leaves the Owner’s premises or control and until it is returned to the Owner’s address or an address nominated by the Owner.
12.3 The Container is provided to the Customer at its own risk and the Customer agrees to indemnify and keep indemnified the Owner and its Personnel against any Claim incurred or suffered as a result of:
13. Insurance
13.1 The Customer must take out and maintain insurance against loss or damage to the Goods.
13.2 The Customer must take out and maintain, in the names of both the Owner and the Customer:
13.3 During the Hire Period, the Customer must not do any act or thing which might invalidate or prejudice any such insurance or the Owner’s interest in the Container.
13.4 The Customer must produce a current certificate of insurance to and when requested by the Owner with seven (7) days of such a request
14. Miscellaneous
14.1 The Customer must not assign or sub contract all or any of its rights under the Agreement.
14.2 These Terms and Conditions may be changed from time to time by the Owner giving notice of the amendment to the Customer
15. Guarantee and Indemnity
In consideration of the Customer entering into this Agreement with the Owner at the request of the Guarantor (or Guarantors if more than one) the Guarantor guarantees (jointly and severally where there is more than one Guarantor) to the Owner the due and punctual performance and observance of the Customer of the obligations contained in this Agreement and indemnifies the Owner against any loss or liability the Owner incurs arising from or connected with the Customer’s obligations.
1. Definitions of Words in this Agreement
Authority means any Governmental or semi-Governmental or Local Government Authority, public agency, statutory corporation or other utility of legal entity having statutory right in respect of approvals.
Claim means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent.
Commencement means the date upon which the Container is hired as specified in the Hire Schedule as the ‘On Hire Date’.
Customer means the person or entity specified in the Hire Schedule and includes the Customer’s employees, executors, administrators and representatives.
Container means any kind of Container or Containers hired by the Customer from the Owner from time to time.
Delivery Address means the address where the Container is to be delivered to as specified in the Hire Schedule.
Goods means the property from time to time stored in the Container.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (CTH).
Hire Charge means the amount specified in the Hire Schedule payable by the Customer to hire the Container.
Hire Period means the period from the Commencement until the conclusion of the hire as specified in the Hire Schedule.
The Owner may issue and require the Customer to sign an amended Hire Schedule for any extension of the Hire Period.
Hire Schedule means the document that specifies the number of Containers to be hired, the Hire Period, the Hire Charge and
other details relating to the hire of the Container.
Owner means Compass Containers Pty Ltd (ABN 22 169 170 816) and its Personnel.
Personnel in relation to a party means the party’s officers, office-holders, employees, agents and contractors.
PPS Act means the Personal Property Securities Act 2009 (CTH).
Tax Invoice has the same meaning as in the GST Act. 2.
2. The Owner’s Obligations
The Owner will provide the Customer with a Container for the Hire Period;
1. in a clean condition and in good repair; and,
2. arrange for the Container to be delivered to the Customer at the Commencement of the Hire Period at the Customer’s expense; and arrange for the Container to be returned to the Owner at the end of the Hire Period at the Customer’s expense.
3. Obligations of the Customer
The Customer: must ensure that the Owner is granted unfettered access to the Delivery Address for delivery and collection of the Container; must maintain the Container in good repair and condition, fair wear and tear excepted; must ensure the Container is at all times stored safely and protected from theft, loss or damage and is used in accordance with the manufacturer’s guidelines; warrants that only Goods owned by the Customer will be stored in the Container unless otherwise agreed in writing with the Owner; must not move or cause the Container to be moved from the Delivery Address without first obtaining prior written consent from the Owner; must immediately notify the Owner of any loss, theft or damage to the Container; authorises the Owner to inspect the Container at any time during the Hire Period; must remove all Goods from the Container at the end of the Hire. Period; and must return the Container in a clean state including free from graffiti, labels and other markings and in good repair at the end of the Hire Period.
4. Payments by the Customer to the Owner
Subject to any other agreement between the parties and unless specified by the Owner in writing, the Hire Charge must be paid by the Customer and is due for payment within seven (7) days of the date that the Owner delivers a Tax Invoice to the Customer for the hire of the Container. If the Customer does not pay the Hire Charge by the due date for payment under this Agreement, the Owner may charge the Customer interest on the outstanding amount calculated daily at 10% per annum on all amounts owing by the Customer until the outstanding amount is paid in full. The Owner may vary the interest rate under clause 4.2 from time to time by notifying the Customer.
The Customer must pay all amounts specified on the Tax Invoice, including:
- the replacement value of any Container which is for whatever reason not returned to the Owner, whether by theft or loss or some other reason shall be US $7,000.00 (Seven Thousand USA Dollars);
- all costs incurred in cleaning the Container, including the removal of labels and graffiti and other markings, and, removal and disposal of contents should the Container be returned to the Owner in other than a clean state;
- the cost of transporting the Container to and from the Delivery Address;
- the cost of any delays associated with the transportation of the Container as a result of issues with access to the Delivery Address;
- the cost of repairing any damage to the Container, unless expressly agreed otherwise in this Contract;
- stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Agreement or arising from the Owner’s supply or the Customer's use of the Container;
- all costs incurred by the Owner in recovering possession of the Container;
- a late payment fee calculated daily at 10% per month on all amounts owing by the Customer not paid on time;
- any additional Hire Charges; and
- any costs and expenses incurred by the Owner in enforcing this Agreement.
If the delivery of the Container is delayed at the Customer’s request or as a result of any act or omission on the part of the Customer, the Hire Charge will be due and payable from the date specified in the Hire Period as the Commencement Date. If the Customer terminates this Agreement before the end of the Hire Period, the Customer will pay the Hire Charge to the Owner, plus all other associated amounts, in respect of the balance of the Hire Period as if this Agreement had not been terminated.
5. Personal Property Securities Act
5.1 All terms capitalised in this clause that are not defined in these Conditions take their meaning as defined in the PPS Act. This Agreement:
- constitutes a Security Agreement for the purposes of the PPS Act; and
- creates a Security Interest in:
(i) the Container previously supplied by the Owner to the Customer; and
(ii) all future Container supplied by the Owner to the Customer.
5.2 The Customer must do all things necessary to assist the Owner to continuously perfect any Security Interest arising under this Agreement, including signing any documents or providing any information the Owner reasonably requests for the purposes of protecting its interest under the PPS Act. Any Container supplied by the Owner to the Customer will constitute a Purchase Money Security Interest (PMSI). The PMSI will continue for any goods coming into existence or for the Proceeds from the sale of the Container. Until title passes from the Owner to the Customer under this Agreement, the Customer will not or will not permit any Security Interest to be created in the Container without the Owner’s written consent. If the Container supplied by the Owner to the Customer is Commingled with any other property, the Owner will have a Security Interest in those Commingled goods including the Container supplied under this Agreement. The Customer must not lodge or permit the lodgement of a Financing Change Statement or an Amendment Demand in respect of the Container without the Owner’s consent.
5.3 The Customer must immediately notify the Owner in writing of any change in the Customer’s name or other identifying characteristics of the Customer or the Container in which the Owner holds any Security
5.4 Interest. To the maximum extent permitted by the PPS Act:
- the Owner does not have to give a notice to the Customer of any action the Owner takes in accordance with sections 95 or 121(4) of the PPS Act;
- the Owner does not have to give a notice under section 130 of the PPS Act;
- the Owner does not have to give the details required under section 132(3)(d) of the PPS Act;
- the Owner does not have to give a written statement of account under section 132(4) of the PPS Act;
- the Owner does not have to give a notice required under section 135 of the PPS Act;
- no person can redeem the Security Interest in the Container under section 142 of the PPS Act without the Owner’s consent; and
- no person may reinstate the Security Agreement under section 143 of the PPS Act without the Owner’s consent.
5.5 For the purposes of section 275(6) of the PPS Act, the Customer must keep confidential any information relating to this Agreement which is in the nature of information which an interested person could access under section 275(1) of the PPS Act.
6. Defects in Container
The Container will be deemed received by the Customer in good condition unless written notice of shortages and/or defects are received by the Owner within two (2) days of the Container being delivered to the Customer at the Commencement of the Hire Period.
7. Breach of Agreement by Customer
7.1 If the Customer becomes bankrupt, insolvent, ceases business or breaches any term of the Agreement then the Owner will be entitled to:
1. terminate this Agreement; and/or\
2. sue for recovery of all monies owing by the Customer, and/or
3. repossess and remove the Container (and is authorised to enter any premises where the Container is located to do so); and/or
4. exercise any or all of its other rights in accordance with the law.
7.2 The Owner may terminate this Agreement without penalty if, for any reason, it considers that it cannot supply the Container to the Customer.
7.3 Upon termination of this Agreement:
- all amounts owing by the Customer, whether actually or contingently, become payable; and
- the Customer must do all things necessary to ensure the return the Container in its possession or control to the Owner within seven (7) days.
7.4 The Owner may terminate this Agreement at its sole discretion prior to delivery of the Container to the Customer if it receives a credit assessment of the Customer that is considered be unsatisfactory.
8. Removal of Container
8.1 The Customer grants the Owner unfettered access to the Delivery Address to:
- remove the Container where this Agreement permits the Owner to do so;
- remove the Container where such actions are, in the Owner’s opinion, necessary to safeguard and secure the Container;
- remove the Container where a landlord requests the Container to be removed from its property; and
- remove the Container where the Customer is unable to be contacted for a period exceeding 30 days.
8.2 Upon the end of the Hire Period or earlier termination, the Customer agrees to return the Container to the Owner free from any Goods, failing which the Customer irrevocably appoints the Owner as its agent to remove the Goods at the Customer’s expense.
8.3 The Customer acknowledges and agrees that the Owner is not liable for any loss or damage occasioned to the Goods where they are removed in the circumstances referred to in clause 8.2.
8.4 The Customer acknowledges and agrees that the Owner is under no obligation to ensure the safe storage of the Goods where they are removed in the circumstances referred to in clause 8.2 above and the Owner is entitled to leave the Goods at the Delivery Address or any other premises occupied by the Customer or sell the Goods and apply the proceeds of sale to the payment of any outstanding Hire Charges.
9. Limitation of Liability
9.1 The Owner gives no warranties and makes no representations whatsoever relating to the Container’s condition, quality, suitability or fitness for any ordinary or special use of the Container.
9.2 Nothing in this Agreement excludes, restricts or modifies any rights the Customer may have under the Australian Consumer Law or any other law which operates to protect the hirers of goods in various circumstances.
9.3 The Owner’s liability for breach of any condition or warranty is limited to the supplying of the Container again to the Customer or to the repair of the Container at the Owner’s expense.
10. Disputes
The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to the Owner in writing within 30 days of the date of the Tax Invoice. In the event that no communication is received from the Customer within that 30-day period, the Hire Charges are deemed to be accepted by the Customer.
11. Governing Law
The Owner and the Customer agree that this Agreement will be construed in accordance with the laws in force in Queensland and the parties submit to the jurisdiction of these Courts of Queensland.
12. Risk
12.1 The Customer holds the Container as a Bailee only and title to and in the Container remains with the Owner at all times.
12.2 The Container will be entirely at the risk of the Customer from the date that it leaves the Owner’s premises or control and until it is returned to the Owner’s address or an address nominated by the Owner.
12.3 The Container is provided to the Customer at its own risk and the Customer agrees to indemnify and keep indemnified the Owner and its Personnel against any Claim incurred or suffered as a result of:
- the transport and possession and use of the Container;
- any act or omission on the part of the Owner;
- a breach of this Agreement by the Customer;
- any act with respect to repossessing the Container;
- a willful or negligent act or omission by the Customer or its Personnel;
- a breach or non-compliance with any legislation, statute, ordinance, regulation, by-law or order made thereunder or other lawful requirement of any Authority; and/or
- any loss or damage to the Container and/or the Goods.
13. Insurance
13.1 The Customer must take out and maintain insurance against loss or damage to the Goods.
13.2 The Customer must take out and maintain, in the names of both the Owner and the Customer:
- Insurance against loss or damage to the Container by fire, theft or accident during the Hire Period (the limit of which insurance must be for an amount not less than the replacement value of the Container);
- a comprehensive public liability policy to cover all sums that the Customer may become legally liable to pay as compensation consequent upon; death of, or bodily injury (including disease or illness) to any person; and;
- loss of, or damage to, property, happening anywhere arising out of or in connection with the hire of the Container.
13.3 During the Hire Period, the Customer must not do any act or thing which might invalidate or prejudice any such insurance or the Owner’s interest in the Container.
13.4 The Customer must produce a current certificate of insurance to and when requested by the Owner with seven (7) days of such a request
14. Miscellaneous
14.1 The Customer must not assign or sub contract all or any of its rights under the Agreement.
14.2 These Terms and Conditions may be changed from time to time by the Owner giving notice of the amendment to the Customer
15. Guarantee and Indemnity
In consideration of the Customer entering into this Agreement with the Owner at the request of the Guarantor (or Guarantors if more than one) the Guarantor guarantees (jointly and severally where there is more than one Guarantor) to the Owner the due and punctual performance and observance of the Customer of the obligations contained in this Agreement and indemnifies the Owner against any loss or liability the Owner incurs arising from or connected with the Customer’s obligations.
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