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Terms of Use

TERMS OF USE

This Web site (the "site") is provided by CHEP ("CHEP"). Your use of this site is governed by these terms of use, and 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.

Intellectual Property

Copyrights

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.

Trademarks

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.

In addition, if you wish to use CHEP's logo or trademark consistent with these Terms of Use, please contact us.

Patents

CHEP's products and processes may be covered by one or more patents, or may contain CHEP trade secret and/or proprietary information. CHEP reserves all rights to such patents, trade secrets and proprietary information. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use. You agree not to infringe upon such rights or to decompile, reverse engineer, or disassemble any of CHEP's products or processes.

Software

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.

User Conduct - General

By using this site, you agree:

  • not to disrupt or interfere with the security of the site;
  • not to disrupt or interfere with any services, system resources, accounts, servers or networks connected to or accessible through the site;
  • not to disrupt or interfere with any other user's enjoyment of the site;
  • not to upload, post, or otherwise transmit through or on this site any viruses or other harmful, disruptive or destructive files;
  • not to change or alter any information or Content offered by or through this site;
  • not to use or attempt to use another's account, service or system without authorization from CHEP, or create or use a false identity on this site;
  • not to transmit through or on this site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
  • not to divulge your username and password to others either on or off the site;
  • not to attempt to obtain unauthorized access to the site or portions of the site which are restricted from general access.

Online Communications Through the Site

Unless otherwise agreed to in writing by CHEP, you agree that any communications or information you transmit to anyone through the site, including (without limitation) questions, comments, suggestions, ideas, plans, notes, account information, or other material, data or information (collectively, "Information"), are non-confidential and upon transmission of such information to CHEP via email or other means you grant to CHEP an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license (including but not limited to a copyright license) to use such Information in any media for any purpose consistent with our Privacy Policy.

Privacy Policy

You acknowledge and agree that CHEP may collect, use and disclose the data collected in the course of our relationship in the manner identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use. THE PRIVACY POLICY MAY CHANGE FROM TIME TO TIME AND YOU SHOULD REMEMBER TO CHECK OUR PRIVACY POLICY FREQUENTLY. Please note the information provided to CHEP is just to supply pallet pooling services, additionally CHEP could monitor the logistic information in anonymous way, for systems improvement purposes or statistic purposes.

Limitations regarding Site Content

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.

Links and Third Party Content

Links to Other Web Sites

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.

Links from Other Web Sites

All links to this site must be approved in writing by CHEP, except that CHEP consents to links where:

  • the link is a text-only link containing only the title of the home page of this site;
  • the link "points" only to the home page of the site and not to deeper pages;
  • the link displays the home page of the site full-screen -- i.e., not within a "frame" on the linked Web site;
  • the appearance, position, and other aspects of the link does not
    (i) create the false appearance that an entity or its activities or products are associated with or sponsored by CHEP, its parent company or its affiliates and related companies, or
    (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of CHEP, its parent company, or its affiliates or related companies.

CHEP reserves the right to revoke this consent to link at any time in its sole discretion.

Third Party Content

This site may contain material, data or information provided, posted or offered by third parties through framing and other technology. You agree that neither CHEP nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information. Your use of Third Party Content may also be subject to the terms of the applicable content provider's terms of use and privacy policy. CHEP does not verify, endorse, or vouch for the content provided by third parties on our web site. CHEP is not responsible for the delivery or quality of any goods or services sold, advertised or made available by third parties on our or any other web site. If you believe any of the content provided by third parties violates any of your proprietary rights, please contact us.

Disclaimers

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- INFRINGEMENT.

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 AGREED TO IN WRITING AND AS REFLECTED IN OUR PRIVACY POLICY, CHEP DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

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.

Limitation of Liability

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.

Indemnification

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.

General

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Florida.

Other

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 severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms of Use or your use of the site must be filed within one year after it arose or be permanently barred.

PRIVACY & SECURITY

Privacy Policy

CHEP respects your right to privacy and your right to control the dissemination of personal information about you or your company. This Privacy Policy explains what type of information we collect from users of the CHEP web site (the "site"), what we do with the information you provide, and how users can access the information provided through this site. This Privacy Policy may change from time to time so please remember to check it frequently.

What information do we collect?

Anonymous Browsing

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.

Personal Information Collection

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 CHEP.

If you provide us with personal data or information about other individuals or companies, please ensure that they are aware of our Privacy Policy.

Please note that we do not knowingly solicit information from children and we do not knowingly market our products or services to children.

Cookies

This site may use JavaScript and/or cookies to enhance your experience on the CHEP site. "Cookies" are small data files -- typically made up of a string of text and numbers -- which assign you a unique identifier. A "client cookie" is sent to your browser so that we can remember your requests and keep track of the pages you view on our site and which services you use. A "server cookie" is maintained on our system to recognize you when you return to the site. This information allows us to better administer the site and provide a more tailored and user-friendly web experience to you. Please note that you may set your browser to notify you when you receive a cookie or to prevent cookies from being sent. However, if you choose to do so, you may limit the functionality that CHEP can provide you when you visit our site.

Other companies that are linked to this site, may use cookies or collect other information about you when you go to their site. CHEP does not control the collection or use of information by these companies. If you have questions or concerns about those companies' collection or use of such information, you should contact those companies directly.

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.

Sharing of Information

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.

Special Provisions for our European Users

By providing us with information and data, you must understand and agree that CHEP may collect, use and disclose personal data for commercial and marketing purposes, and may provide such information (consistent with the terms of this Privacy Policy) within CHEP, and to its parent company and related or affiliated companies – any or all of which may be outside your resident jurisdiction. In addition, such information and data may be stored on servers located outside your resident jurisdiction.

By providing us with data, you consent to the transfer of such data outside of the European Union consistent with the terms of this Privacy Policy. If you do not consent to the terms of this Privacy Policy, please do not use this site and, if you have provided personal identifying data, please contact us about how you would like CHEP to handle such data.

How do you access and update your information

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.

What if we change our privacy policy?

CHEP reserves the right to modify or supplement this Privacy Policy at anytime. We therefore suggest that you check the Privacy Policy regularly.

Please feel free to contact us if you have questions or concerns about this Privacy Policy or your use of the site.

CHEPStretch Terms

Supplemental Provisions

  • Definitions. In these Supplemental Provisions:

    "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:

    1. the Customer suspends payment of its debts generally, is or becomes unable to pay its debts when they are due, or is or becomes unable to pay its debts within the meaning of the Corporations Act 2001 (Cth);
    2. the Customer enters into, or resolves to enter into, any arrangement, composition or compromise with, or assignment for the benefit of, its creditors or any class of them;
    3. a receiver, receiver and manager, liquidator, provisional liquidator, administrator, trustee or similar official is appointed over any of the assets or undertakings of the Customer, an application or order is made for the winding up or dissolution of Customer, or a resolution is passed or any steps are taken to pass a resolution for the winding up or dissolution of a party, except for the purpose of an amalgamation or reconstruction which has CHEP's prior consent;
    4. the Customer becomes bankrupt; or
    5. the Customer ceases, or threatens to cease, to carry on business;

    "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.

  • Interpretation.

    In the Agreement:

    1. headings and bold type are for convenience only and do not affect the interpretation of the Agreement;
    2. the singular includes the plural and the plural includes the singular;
    3. words of any gender include all genders;
    4. an expression importing a person includes any company, partnership, joint venture, association, corporation or other body corporate and any Government Agency as well as an individual;
    5. a reference to any legislation includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
    6. a reference to a party to a document includes that party's successors and permitted assignees;
    7. no provision of the Agreement will be construed adversely to a party because that party was responsible for the preparation of the Agreement or that provision; and
    8. where the day on or by which any thing is to be done is not a Business Day, that thing must be done on or by the next Business Day.
  • Authority.

    Each party represents to the other that:

    1. it has the power and authority to enter into and perform its obligations under the Agreement; and
    2. it is not a trustee of any trust or settlement.
  • Warranties; exclusions.

    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:

    1. replacement of Machinery or Machinery Consumables or the supply of equivalent Machinery or Machinery Consumables;
    2. repair of Machinery or Machinery Consumables (at the location to which it was originally delivered);
    3. payment of the cost of replacing Machinery or Machinery Consumables or of acquiring equivalent Machinery or Machinery Consumables; or
    4. payment of the cost of repairing any Machinery or Machinery Consumables. This clause 4 does not apply if it is not fair or reasonable for CHEP to rely on it or in relation to Title Guarantees.
  • Insurance.

    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.

  • Liability.

    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:

    1. any loss, damage, death or injury arising from negligence or otherwise caused directly or indirectly by or arising out of the use or condition of any Machinery or Machinery Consumables;
    2. the exercise by CHEP of any of its rights; or
    3. the performance or delay in performance by CHEP of any of its obligations to the Customer.
  • Indemnity.

    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:

    1. the construction, purchase, delivery, installation, ownership, use, condition or operation of Machinery or Machinery Consumables;
    2. all loss or damage to any Machinery (fair wear and tear excepted) or Machinery Consumables whilst in the Customer's possession;
    3. any act or omission by the Customer; and
    4. a breach by the Customer of any of the Customer's obligations under the Agreement;
    5. the exercise by CHEP of any of its rights. These indemnities include, without limitation, all costs and expenses incurred by CHEP in investigating or defending the claim, and legal costs on a solicitor and own client basis.
  • Force Majeure.

    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.

  • Termination.

    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:

    1. the Customer defaults in the payment of any monies due to CHEP and fails to comply with the terms of a request by CHEP to remedy the default within three Business Days;
    2. the Customer breaches any provision of the Agreement which may prejudice the safety, condition or value of any Machinery;
    3. the Customer suffers an Insolvency Event; and/or
    4. the Customer breaches the Agreement (other than a breach specified in (i) or (ii) above) and does not remedy the breach within ten Business Days of notice from CHEP. If the Agreement or a specific Hire is so terminated, the following amounts will immediately become due and payable to CHEP:
      1. all Charges and any other monies then owing to the Customer;
      2. the total of the Charges which would have been payable between the date of termination of the Agreement or the Hire (as applicable) and what would have been the end of the relevant Deliverables Term (the "Unexpired Term") but after that total has been rebated in accordance with the following sentence; and
      3. upon repossession of any Machinery, the costs and expenses of CHEP in repossessing such Machinery, including, without limitation, costs and expenses in satisfying any lien claimed over such Machinery, whether justifiable or not, and legal expenses by CHEP on a solicitor and own client basis in relation to the repossession. If CHEP, after repossession of Machinery, and during the Unexpired Term, hires any item of such Machinery to another customer, CHEP will set off against the amount of unaccrued Charges payable, or reimburse to the Customer if such unaccrued Charges have been paid, an amount which CHEP determines to be the amount which it receives or will receive from the new customer for the use of that item of Machinery during the Unexpired Term. The Customer's obligations under this clause 9 survive termination of the Agreement and/or any specific Hire.
  • Confidential Information.

    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.

  • Ownership.

    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

    1. notify that person of CHEP's title to and rights in relation to that item and
    2. immediately inform CHEP by written notice of the seizure, attempted seizure or interference. CHEP may enter any premises where CHEP believes Machinery is located for the purpose of searching for, inspecting or testing Machinery or for the purposes of retaking possession in the event of the termination of the Agreement and/or the relevant Hire.
  • GST.

    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.

  • PPSA.

    For the purposes of this clause 13: "PPSA" means the Personal Property Securities Act 2009 (Cth)" and "PPS Law" means:

    1. the PPSA;
    2. any regulations made at any time under the PPSA; and
    3. any provision of the PPSA or regulations referred to in (ii) above;
    4. any amendment to any of (i) through (iii) above, made at any time; or
    5. any amendment made at any time to any other legislation as a consequence of a PPS Law referred to in (i) through (iv) above. If at any time CHEP determines that the PPSA applies, or will at a future date apply, to the Agreement, and in the reasonable opinion of CHEP,
      1. the PPS Law adversely affects or would adversely affect CHEP's security position or CHEP's rights under or in connection with the Agreement or
      2. compliance with such PPS Law is necessary or advisable to ensure that CHEP maintains a first priority perfected security interest in any personal property of CHEP under applicable law: then the Customer must, upon CHEP's request, cause the Agreement and/or the security interest or ownership interests created under the Agreement, to be registered with the applicable registry in accordance with and to the extent possible under such PPS Law and must cause all other filings and recordings necessary or advisable under such PPS Law and all such other action (including, without limitation, amending this deed) required under such PPS Law to be effected and taken, in order to maintain, protect and perfect the respective right, title and interests of CHEP thereunder. All costs and expenses arising as a result of actions taken pursuant to this clause 13 will be for the account of the Customer. Subject to section 275(7) of the PPSA, neither party will disclose information of the kind mentioned in section 275(1) of the PPSA. CHEP is not required to give the Customer any notice under the PPSA (including, without limitation, any notice of verification statement) unless the notice is required by the PPSA and the requirement cannot be excluded.
  • Further assurances.

    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.

  • Notices.

    Any notice, approval, consent or other communication under the Agreement must be in writing and must be delivered

    1. personally;
    2. by facsimile;
    3. by e-mail; or
    4. by prepaid registered post, to a party at
      1. the address of the party indicated in the Hire Schedule; or
      2. in accordance with such other contact details as the party may from time to time notify to the other parties for the purposes of this clause 15. A notice given in accordance with this clause 15 is taken to be received:
        1. if hand delivered, upon delivery;
        2. if sent by prepaid post, seven days after the date of posting;
        3. if by e-mail, when sent; or
        4. if sent by facsimile, when the sender's facsimile system generates a message confirming successful transmission of the total number of pages of the notice.
  • Governing law.

    This Agreement is governed in accordance with the laws of the State of New South Wales, without reference to its conflicts-of-laws rules.

  • Waiver.

    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.

  • Assignment.

    The Customer may not assign any of its rights or duties hereunder without the prior written approval of CHEP.

  • Entire agreement.

    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.

  • Counterparts.

    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.

Help And Support

Phone Email
13 24 37 au.loadcontainment@chep.com