Terms and Conditions of Rental
Effective 01 January 2018
Portable XRF services commitment to its clients
Portable XRF Services commits to supplying Equipment to its clients that to the best of its knowledge and skill is in good condition and is ‘fit for purpose’ at the time of hire.
This rental agreement is between Portable XRF Services (ABN: 11151669091) (“PXRFS”) and the person or entity set out in the Quote (“Hirer”).
1. Definitions of Agreement
“Authority” means any state radiological Council or authorised statutory body or person relevant to the use of the Equipment.
“Consumables” means any reference materials, Prolene windows or any other consumables usually required to operate the Equipment for its intended purpose;
“Commencement date” means the commencement date specified in the Quote or such other date as the Owner and the Hirer agree in writing;
“Excess Amount” means the amount shown as excess amount on the Quote;
“Equipment” means the items described in the quote under the heading ‘Description’;
“License” means a license or permission issued by an Authority in accordance with the Relevant Legislation authorising the Hirer to use the Equipment in the Location;
“Licenced Operator” means anyone who has completed the relevant Radiation and Safety Training in order to safely operate the Equipment in accordance with the relevant authority;
“Location” means the State or Territory in Australia in which the Hirer will use the Equipment;
“PPSA” means the Personal Properties Securities Act 2009 (Cth);
“Quote” is the agreed term and cost of hire of the Equipment;
“Owner’s Premises” means the premises at the address shown on the quote;
“Radiation Safety Training” means a radiation safety training course approved by an Authority or the Hirer;
“Rental Charges” means the fees payable as specified in the quote;
“Rental Agreement” between PXRFS and the Hirer is made on the date shown on the signed quote and comprises the Quote and these Terms and Conditions
“Rental Period” means a period stated in the Quote commencing on the Commencement Date and ending on the date that the Equipment must be returned;
2. Licenced Operator
The Hirer agrees and acknowledges that
i. Only Trained Operators that have the relevant Radiation Safety Training will use the Equipment; and
ii. The Hirer is responsible for the acts of any Trained Operators that the Hirer allows to use the Equipment.
iii. If the Hirer allows an untrained Operator to use the Equipment then the Excess Reduction option (if accepted in agreement) will not apply.
3. Where you can use the Equipment
i. The Hirer must ensure that they are covered by a current Radiation Licence appropriate to the state in which the Equipment (pXRF) will be used.
ii. All PXRFS Equipment is covered by PXRFS Radiation licence for use in Western Australia, Victoria, New South Wales, South Australia and Northern Territory.
iii. If a licence is required in other states then it is the responsibility of the Hirer to ensure that the licence is in place prior to hiring of the Equipment. PXRFS can assist in obtaining the Licence.
iv. The Hirer must at all times maintain this licence.
4. Use, Security and Condition of Equipment
i. The Hirer must ensure that the Equipment is used in accordance with the Manufacturers guidelines (included on the USB) and the Radiation Management Plan (in sleeve)
ii. The Hirer is responsible at all times for maintaining the Equipment during the Rental Period
iii. The Hirer must store the Equipment in a safe and proper location at all times in accordance with its licence. The Insurance will not cover theft by an employee of the Hirer or if the Equipment is stolen whilst not being stored properly.
iv. The Hirer must immediately report any damage to or malfunctioning of the Equipment to PXRFS.
v. If the Equipment needs to be substituted then PXRFS will endeavour to get replacement Equipment to the Hirer in a timely manner so as to limit inconvenience to the Hirer.
vi. The Hirer must not tamper with the Equipment or carry out repairs unless authorised by PXRFS.
5. Repair and Maintenance OF Equipment
i. PXRFS will at its own expense provide routine maintenance and recalibration of the Equipment during the Term.
ii. PXRFS will use its reasonable endeavours to effect timely repairs to or replacement of faulty or defective Equipment where such fault or defect was not caused in any way by the Hirer.
iii. PXRFS reserves the right at any time during the Term to replace the Equipment and the terms and conditions of this Agreement apply equally to the Replaced Equipment and will remain in force for the remainder of the Term as if the Replacement Equipment was provided to the Hirer at the Commencement Date.
6. Delivery of Equipment
i. It is the responsibility of the Hirer to arrange pickup of the Equipment from the office of PXRFs at the commencement of the Rental period.
ii. Delivery of the Equipment to a place other than PXRFS office will be at the expense of the Hirer.
iii. PXRFS will allow time for overnight delivery of Equipment to the Hirer in the Rental Period.
iv. If the Hirer chooses to have the Equipment delivered over a longer period then this time will become part of the Rental Period and will be charged for.
7. Return of Equipment
i. The Hirer must return the Equipment to the office of PXRFS, at the Hirers cost, on the date shown on the Rental Agreement.
ii. PXRFS will allow time for overnight return of Equipment to PXRFS office in the Rental Period.
iii. If the Hirer chooses to have the Equipment returned over a longer period then this time will become part of the Rental Period and will be charged for.
iv. The Equipment should be in the same condition as it was at the commencement of the Rental Period
v. If Equipment is returned excessively dirty then a cleaning charge will be allocated.
vi. All accessories present in box on hire of equipment must be returned or they will be charged for.
vii. Whenever possible all batteries should be returned fully charged
viii. Refund of Rental Charges on early return of the Equipment is subject to PXRFS discretion and is subject to a fee.
ix. Late return of Equipment will be charged at 150% of rental charges unless sufficient notice is given.
x. Charges may apply if the equipment is returned later than the time discussed/specified in the agreement of hire at $100.00 per hour.
The insurance included in the Rental Charges is only valid if the Equipment has been used in accordance with Clauses 2, 3 and 4 and only if damage is reported immediately and honestly at time of incident. A written report must be completed.
9. Loss Damage Waiver, Damage and Loss of Property
Subject to clause 4. The Hirer is liable:
i. For an Excess Amount payable on each event involving the loss or any damage to the Equipment
ii. The Excess Amount will vary according to the evaluated risk associated with each hire and will be stated on the Quote
iii. The Excess amount can be waivered on payment of a Loss Damage Waiver at time of hiring which will be stated on the Quote.
At the commencement of any Rental Period the Hirer must pay PXRFS:
i. All Rental Charges
ii. Any amounts payable by PXRFS or the Hirer to any relevant Authority in respect to use of the Equipment.
At the end of any Rental Period the Hirer must pay PXRFS:
iii. any outstanding rental charges and fees for extended Rental Periods
iv. Replacement costs of any missing accessories listed in the box
v. Any Excess Amount that may have resulted from damage sustained to the instrument during the rental period unless the Loss Damage Waiver has been paid at commencement of the Rental Period.
PXRFS will pay within a reasonable time any refund due to the Hirer.
11. Personal Properties Security Law
i. In the event that the Term is 12 months or more, the Hirer acknowledges and agrees that it grants to PXRFS a security interest in the Equipment and the Hirer further acknowledges that by this Agreement a security interest in the Equipment attaches to and is created in favour of PXRFS pursuant to the PPSA.
ii. The Hirer acknowledges and agrees PXRFS may register its security interest in the Equipment on the PSSR.
iii. The Hirer must, upon request from PXRFS, sign any documents, provide all necessary information and do anything else required to allow PXRFS to register and maintain its security interest in the Equipment on the PPSR.
iv. The Hirer must not enter into any security agreement, grant a security interest, charge, mortgage or encumbrance or any kind to a third party or permit any other person to register any security interest in the Equipment on the PPSR or otherwise.
12. Intellectual Property
All intellectual property rights, including but not limited to patents, designs and copyright are reserved. The Hirer must not make or permit to be made copies of anything supplied by PXRFS to the Hirer pursuant to this Agreement or to otherwise assist the Hirer to use the Equipment in accordance with recognised methods and standards for equipment of its type.
13. Hirer’s Risk
i. The Hirer agrees to use, operate and possess the Equipment at the Hirer’s risk. The Hirer agrees that PXRFS will have no responsibility or liability for any loss or damage to any property of the Hirer or any third party. To the full extent permitted by law the Hirer releases and discharges PXRFS from:
ii. Any loss or damage whatsoever and whenever caused to the Hirer whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise.
iii. Any financial or other loss caused to the Hirer or associated company resulting from Data obtained using the Equipment.
14. International Hire
The Hirer assumes full financial responsibility for any Loss, Theft or Damage of the instrument and/or its associated items.
The hirer will also assume full responsibility for all costs associated with the International travel e.g.: Customs Duties, visa’s etc.
15. Technical Assistance
i. The Hirer is aware that if there is any technical assistance required, there will be additional charges to the hirer.
First 15 minutes – FREE
Every 15 minutes thereafter – $50.00+ GST
16. Terms of Hire and Canellation
i. Interstate hirers agree to a minimum 3 day hire.
ii. Cancellation of a pXRF instrument after accepting the Quotation and Terms & Conditions, will incur a 50% fee of the amount payable on the Quotation.
iii. Cancellation of less than 48 hours’ notice for any training will incur a 50% fee of the cost of the course, per person.