you should read these terms carefully before using the site.
These terms may be changed from time to time at CHEP's sole discretion. Your continued use of the site after any such changes constitutes your acceptance of the new terms. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, PLEASE DO NOT USE THE SITE OR DOWNLOAD MATERIALS FROM IT.
CHEP may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features, at any time. CHEP may remove, modify or otherwise change any content, including that of third parties, on or from this site. CHEP may impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability. CHEP may terminate your use of the site at any time, for any reason, in its sole discretion.
All content provided on this site, including design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content"), are either Copyright © 2002 CHEP ("Copyright CHEP") or the proprietary property of CHEP, its parent company, affiliates or related companies, and/or licensors. All rights are reserved. The Content (whether in whole or in part) may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, ransmitted, or sold in any form or by any means, without CHEP's prior written permission, except that you may download and print Content for uses that are not competitive with or derogatory
to CHEP, so long as you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this site, please contact us.
All trademarks on the site are either trademarks or registered trademarks of CHEP, its affiliates or related companies, or its licensors. Such trademarks may not be copied, imitated, or used, in whole or in part, without CHEP's prior written permission. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of CHEP or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CHEP. Other trademarks, registered trademarks, product names, and company names or logos displayed on the site are the property of their respective owners. If you believe that your trademarks have been improperly used on this site, please contact us.
Any software, including any files or images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this site may be used by you solely for accessing and using this site, provided that such uses are not competitive with or derogatory to CHEP, and are consistent with the purposes expressly stated on the site. CHEP retains full and complete title or license to all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from such Software.
The Content available through the site is believed to be accurate. HOWEVER, YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE USEFULNESS OF SUCH INFORMATION FOR YOUR PARTICULAR NEEDS. Products and services are subject to change without notice. All information on the site is subject to the disclaimers of Section 7 below.
This site may from time to time contain links to other Web sites. These links are provided solely as a convenience to site users, and do not constitute an endorsement, sponsorship or recommendation by CHEP of -- or responsibility for -- the linked Web sites, any content, services or products available on or through such sites, or the companies associated with such sites.
All links to this site must be approved in writing by CHEP, except that CHEP consents to links where:
CHEP reserves the right to revoke this consent to link at any time in its sole discretion.
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR INFORMATIONAL PURPOSES ONLY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS EXPRESSLY AGREED TO IN WRITING, CHEP, ITS PARENT COMPANY AND ITS AFFILIATES AND RELATED COMPANIES, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM THE SITE, IS AT YOUR SOLE RISK. YOU
UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT CHEP DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, CHEP AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION,
STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES.
CHEP DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES CHEP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE
ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.
CHEP ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL) SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF CHEP, ITS PARENT, AFFILIATES OR RELATED COMPANIES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS. EXCEPT AS SPECIFICALLY
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHEP OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EXCEPT AS SPECIFICALLY AGREED TO IN WRITING, UNDER NO CIRCUMSTANCES, SHALL CHEP OR ITS PARENTS, SUBSIDIARIES, AFFILIATES OR RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO
USE THIS SITE OR ANY CONTENT OR SERVICES CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR OTHER INTANGIBLES, EVEN IF CHEP HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH EVENT, OUR LIABILITY IS LIMITED TO THE REVENUES WE RECEIVED FROM YOU IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CAUSE OF ACTION.
You agree to indemnify, defend, and hold harmless CHEP, its parent, affiliates and related companies, and their officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.
Subject to the terms of any other agreements signed by CHEP for materials and services purchased through this site, these terms constitute the entire agreement between you and CHEP governing your use of the site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed
In general, you can visit CHEP on the World Wide Web without telling us who you are or revealing any information about yourself, even your e-mail address. However, in such cases, our web servers may collect the name of the domain you used to access the Internet, the web site you came from, and the web site you visit next. This information may be
aggregated to measure the number of visits to the site, average time spent, page views, and other statistics about visitors to this site. We may also use this data to monitor site performance and to make the site both easier and more convenient to use.
When you visit our site, we collect certain technical and routing information about your computer to facilitate your use of the site. For example, we may log environmental variables, such as browser type, operating system and CPU speed, and the Internet Protocol ("IP") address of your originating Internet Service Provider, to try to bring you the best possible service. We may also record search requests and results to try to ensure the accuracy and efficiency of our search engine. We may use your IP address to track your use of the site. This "Click Stream" data may be matched with other information you provide.
If you choose to use the contact CHEP function, we may ask you to provide us with some basic information about you and/or your company -- such as name, job title, email address -- which enables us to provide services and information to you, and helps make our contact with you as productive as possible. We may also collect other information from you when you provide comments or participate in surveys.
If you choose to use our online job search program, our Human Resources staff will review and process your
application. If no opportunities are available at this time, we may keep the information you provided on file for purposes
of identifying future employment opportunities for you at CHEP, its parent and/or companies affiliated or related to
If you provide us with personal data or information about other individuals or companies, please ensure that they are
Please note that we do not knowingly solicit information from children and we do not knowingly market our products or
services to children.
CHEP strives to have in place appropriate means to protect your information. We request that other parties with whom we share our information also provide an appropriate level of security.
When you provide information to us, we may share that information within CHEP, with CHEP's parent company or with affiliated or related companies. We may also aggregate general statistics that we gather about customers, sales, traffic patterns, and services and provide these statistics to third parties; however, when we do, these statistics will not include any personal information that identifies individuals.
We may disclose information about you to others if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of CHEP, or others.
may be outside your resident jurisdiction. In addition, such information and data may be stored on servers located outside your resident jurisdiction.
Please contact us if you wish to modify or verify personal identifying information that you have submitted to us or if you have questions about the information maintained by us.
"Agreement" means the agreement to which these Supplemental Terms apply, together with any and all attachments, exhibits and schedules thereto, and these Supplemental Terms;
"Agreement Term" means the period commencing on the Commencement Date and, subject to early termination under the Agreement, ending on End Date;
"Australian Consumer Law" means schedule 2 of the Competition and Consumer Act 2010 (Cth);
"Business Day" means a day on which trading banks are open for business in Sydney, New South Wales, excluding a Saturday, Sunday or public holiday in that city;
"CHEPStretch Deliverables" means the integrated Hire (of Machinery) and supply of Machinery Consumables by CHEP;
"CHEPStretch Deliverables Schedule" means a fully-executed CHEPStretch Deliverables Schedule, if any, which forms part of the Agreement;
"Charges" or "Hire Charges" means the rate(s) set out in the applicable CHEPStretch Deliverables Schedule, Hire Schedule or Purchase Schedule, as the case may be;
"Commencement Date" means the date set out in the applicable CHEPStretch Deliverables Schedule, Hire Schedule or Purchase Schedule, as the case may be;
"Confidential Information" means all information, know-how, ideas, concepts, technology, industrial, marketing and commercial knowledge of a confidential nature (whether in tangible or intangible form) relating to or developed in connection with or in support of the business of CHEP that is disclosed, communicated or delivered to, learnt by, or which otherwise comes to the knowledge of or into the possession of the Customer under or in connection with the Agreement, and includes the terms and conditions contained in the Agreement;
"Consumer" has the meaning given to it in section 3 of the Australian Consumer Law;
"Deliverables Term" means the period commencing on the Commencement Date and ending on the End Date;
"Delivery Location" or "Delivery/Collection Location" means the location specified in the applicable CHEPStretch Deliverables Schedule, Hire Schedule or Purchase Schedule, as the case may be, or such other location agreed by the parties;
"End Date" means the date set out in the applicable CHEPStretch Deliverables Schedule, Hire Schedule or Purchase Schedule as the case may be;
"Force Majeure" means an act of god; war, revolution or any other unlawful act against public order or authority; an industrial dispute including, without limitation, strike or other labour disturbances; a governmental restraint; a shortage or unavailability of raw materials, production capacity or transportation; and any other event which is not within the reasonable control of CHEP.
"Hire" means any individual hire of Machinery under an applicable CHEPStretch Deliverables Schedule or Hire Schedule, as the case may be;
"Hire Schedule" means a fully-executed Hire Schedule, if any, which forms part of the Agreement;
"Insolvency Event" means the happening of any of the following events:
"Loss" means any claim, demand, action, damages, loss, liability, cost, charge, expense (including, without limitation, lawyers' fees and expenses on a full indemnity basis) outgoing or payment;
"Machinery" means machinery described in the applicable CHEPStretch Deliverables Schedule or Hire Schedule, as the case may be;
"Machinery Consumables" means machinery consumables listed in the applicable CHEPStretch Deliverables Schedule, Hire Schedule or Purchase Schedule, as the case may be;
"Purchase Schedule" means a fully-executed Purchase Schedule, if any, which forms part of the Agreement;
"Related Body Corporate" has the meaning given to it in the Corporations Act 2001 (Cth);
"Specified Purpose" means the purpose outlined in the applicable CHEPStretch Deliverables Schedule or Hire Schedule, as the case may be;
"Standard Supply Terms" means CHEP's standard terms for the supply of goods, a copy of which has previously been made available to the Customer as part of the customer qualification process, and as may be amended or superseded from time to time by CHEP in its sole discretion;
"Title Guarantee" means a guarantee pursuant to any of section 51, 52 or 53 of the Australian Consumer Law;
"Unexpired Term" has the meaning given to it in clause 9 of these Supplemental Terms; and
"Usage Estimate" means the estimate made by CHEP of the Customer's requirements for Machinery Consumables based on the information in the applicable CHEPStretch Deliverables Schedule, Hire Schedule or Purchase Schedule, as the case may be.
In the Agreement:
Each party represents to the other that:
Except as qualified below in this clause 4, CHEP accepts liability for all warranties or terms implied under legislation or guarantees given under the Competition and Consumer Act 2010 (Cth) or any other legislation, the effect of which cannot be excluded. All warranties and implied terms that are capable of exclusion and would, apart from this provision, form part of or govern the Agreement, are expressly excluded. Except where by legislation liability may not be limited, or where a limitation of liability would otherwise render CHEP liable to a penalty, CHEP's liability for breach of warranties, implied terms or guarantees which cannot be excluded is limited to any one of the following options as determined by CHEP:
Whilst any Machinery is on hire to the Customer, the Customer must effect, and keep current, and on request produce to CHEP evidence of, insurance cover in respect of Machinery which is satisfactory to CHEP.
Except in respect of any rights that a Consumer may have under the Australian Consumer Law, the Customer releases CHEP from any claim that the Customer may have against CHEP for Loss in connection with:
The Customer indemnifies CHEP and its agents and employees, and agrees to keep CHEP and its agents and employees, indemnified against any and all claims, demands, losses, damages and costs that CHEP incurs or may incur as a result of or arising out of:
Where Force Majeure prevents or delays CHEP from performing any obligation under the Agreement, that obligation is suspended as long as the Force Majeure continues.
If any one of the following events or circumstances occur, CHEP may without notice immediately terminate the Agreement or any specific Hire and retake possession of any Machinery, or the relevant Machinery in the case of a specific Hire:
The Customer must not, and must ensure that its employees, agents, representatives, officers and contractors do not, disclose to any person Confidential Information of CHEP obtained by the Customer as a consequence of the Agreement. The Customer must not disclose to any person any Confidential Information except to the legal or accounting advisors of the Customer or to such other person as the Customer may be required at law to disclose the information.
The Customer is only a bailee of Machinery, with a licence to use Machinery for its own business, but has no interest or other proprietary right whatsoever in Machinery. If any person seizes or attempts to seize or interfere with any Machinery, the Customer must
All fees and charges as set out in the Agreement are in Australian dollars and do not include stamp duties and other government charges, including, without limitation, GST. Notwithstanding any other clause in the Agreement, to the extent that any supply made under or in connection with the Agreement is a taxable supply (as defined by the A New Tax System (Goods and Services Tax) Act 1999), the Customer must pay to CHEP, in addition to the consideration provided for under the Agreement for that supply (unless it expressly includes GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The Customer must pay to CHEP the additional amount at the same time as the consideration to which it is referable.
For the purposes of this clause 13: "PPSA" means the Personal Property Securities Act 2009 (Cth)" and "PPS Law" means:
Each party must do all things and execute all further documents necessary to give full effect to the Agreement and such party's obligations under the Agreement.
Any notice, approval, consent or other communication under the Agreement must be in writing and must be delivered
This Agreement is governed in accordance with the laws of the State of New South Wales, without reference to its conflicts-of-laws rules.
This Agreement may not be modified, amended or discharged, nor will any waiver of any term or condition hereof be effective, unless same is in writing and is signed by a duly authorised representative of the party waiving such term or condition.
The Customer may not assign any of its rights or duties hereunder without the prior written approval of CHEP.
Except where the Customer is a Consumer, the Agreement supersedes all previous agreements in respect of its subject matter embodies the entire agreement between the parties in respect of its subject matter.
This Agreement may be executed in any number of counterparts, each signed by one or more parties. Each counterpart when so executed is deemed to be an original and all such counterparts taken together constitute one This Agreement may not be modified, amended or discharged, nor will any waiver of any term or condition hereof be effective, unless same is in writing and is signed by a duly authorised representative of the party waiving such term or condition.
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