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.
Where the Customer wishes to place an order to purchase Products and if CHEP accepts an order to purchase Product, CHEP agrees to supply those Products to the Customer on these terms and conditions
i) In the event of any conflict between these terms and conditions and the provisions specified in an existing agreement between the Customer and CHEP, the terms and conditions of the existing agreement shall prevail
(a) The Customer may place an order for one or more of the Products.
(b) If CHEP accepts an Order, then:
(i) subject to payment of the Purchase Price, CHEP sells to the Customer the Products contemplated by that Order; and
(ii) the Customer buys the Products contemplated by that Order for the Purchase Price.
(c) For clarity, CHEP may elect not to accept an Order.
(a) The Customer agrees to pay the Purchase Price (including delivery fees) for the Products at the time the Order is accepted.
(b) If CHEP elects not to accept an Order, then CHEP will endeavour to promptly refund to the Customer any amounts paid by the Customer for that Order.
(c) CHEP, or its nominated representative, will deliver the Products to the address nominated by the Customer at the time of Order ('Delivery Address'). In the event that there is no one at the Delivery Address at the time the Products are delivered, the Customer consents to the Products, where possible, being left unattended at the Delivery Address.
(d) Delivery of Products under clause 2(c) is charged at the cost of delivery for the relevant Order as specified on the Website, or if no cost of delivery is specified on the Website, at the cost of delivery charged to CHEP by its freight provider for the Order
(a) The Customer must pay all stamp duty, taxes, duties, government charges and other taxes of a similar nature (including fines, penalties and interest) imposed, levied, assessed or payable in Australia or overseas in connection with these terms and conditions.
(b) The consideration for a Supply made under or in connection with these terms and conditions, including a Supply of Products from the 'Household Non-ABN Catalogue', includes GST.
(c) If a Supply made under or in connection with these terms and conditions is a Taxable Supply, then at or before the time the consideration for the Supply is payable, the GST Act Supplier must:
(i) give the Recipient a Tax Invoice for the Supply; and
(ii) the GST Act Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (as stated on the Tax Invoice) to the Australian Taxation Office
(d) In clauses 3(b) and 3(c):
(i) capitalised terms that are not defined in clause 12(a) have the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth); and
(ii) Supplier means the entity making the Supply.
(a) The Customer must only use the Products in accordance with the applicable Specification.
(b) The Customer agrees and acknowledges that:
(i) the colour of the Products as pictured on the Website may vary depending on the Customer's computer monitor; and
(ii) the Products as pictured on the Website may vary from time to time.
(a) Without limiting clause 7, if the Customer is not satisfied with a Product, it may request replacement of or a refund for the Product by calling CHEP within 14 days of the Order date.
(b) If the Customer makes a request contemplated by clause 5(a) and CHEP considers that the request has been made in good faith, CHEP may arrange for collection of the relevant Product from the address nominated by the Customer in the Order and in its discretion either:
(i) replace the Product; or
(ii) provide the Customer with a refund of the Purchase Price for the Product.
(a) All Products delivered by CHEP to the Customer under these terms and conditions remain the property of CHEP until the Customer has paid the Purchase Price for the Products and all money due to CHEP by the Customer is paid in full.
(b) The Customer bears the risk relating to the Products from the time the Products are dispatched by CHEP.
(c) Upon taking possession of the Products before full payment of the Purchase Price has been made to CHEP, the Customer must store the Products:
(i) separately from other goods of the Customer, so that the Products are not mixed with those other goods; and
(ii) in such a way that the Products are recognisable as the property of CHEP.
(d) The Customer acknowledges that these terms and conditions creates a security interest under the PPSA in the Products and any other products to be supplied in the future and the Customer consents to CHEP effecting a registration on the PPSA register in relation to any security interest contemplated by these terms and conditions. The Customer agrees to pay all costs, expenses and other charges incurred, expended or payable by CHEP in relation to the filing of a financing statement or financing change statement in connection with these terms and conditions.
(e) The Customer must not charge the Products in any way or grant or otherwise give any interest in the Products while it remains the property of CHEP, nor allow any third party to acquire a security interest in the Products.
(f) CHEP may allocate payments made by the Customer to CHEP under these terms and conditions, or any other agreement with CHEP, to any obligation owed by the Customer to CHEP.
(g) If the Customer fails to comply with any obligation under these terms and conditions, then without limiting the remedies available to CHEP:
(i) upon request by CHEP, the Customer must return the Products and any other products on which there are outstanding amounts owing;
(ii) the Customer authorises CHEP and any person authorised by CHEP, to enter premises where the Products, or other products owned by CHEP, may be located to take possession of the Products and other products owned by CHEP; and
(iii) CHEP may retain, sell or otherwise dispose of the Products or other products owned by CHEP.
(h) The Customer agrees to the extent permitted under the PPSA, the Customer has no right:
(i) to receive notice of removal of an accession under the PPSA;
(ii) under Chapter 4 of the PPSA; or
(iii) under the PPSA to receive a copy of any verification statement or financing change statement under the PPSA.
(i) The Customer must unconditionally ratify any actions taken by CHEP under this clause 6.
(j) In this clause 6, the following words have the respective meanings given to them in the PPSA: account, proceeds, purchase money security interest, register, registration, security interest and verification statement.
(k) Each party agrees to keep PPSA Information in strict confidence and not disclose that information, except in circumstances required by sections 275(7)(b) or (e) PPSA, provided that where sections 275(7)(b) or (e) require such disclosure, the party that is required to disclose the information gives all available notice to the other party to allow that party to legally challenge the required disclosure and takes all available steps (whether required by the other party or not) to maintain such PPSA Information in confidence.
(l) Each party agrees not to authorise the disclosure of any PPSA Information to any third party pursuant to section 275(7)(c) PPSA or request information under section 275(7)(d) PPSA unless the other party to these terms and conditions explicitly agrees.
(a) Subject to clauses 7(c) and 7(d), any liability of CHEP for any loss or damage, however caused (including by the negligence of CHEP), suffered by the Customer in connection with a Product is limited to the lesser of:
(i) the Purchase Price for that Product; and
(b) The limitation set out in clause 7(a) is an aggregate limit for all claims, whenever made.
(c) Subject to clause 7(d), CHEP is not liable for any Consequential Loss however caused (including by the negligence of CHEP), suffered or incurred by the Customer in connection with a Product.
(d) If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by CHEP in connection with these terms and conditions and CHEP's liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 7(a), 7(c) and 8 do not apply to that liability and instead CHEP's liability for such failure is limited to, in the case of a supply of goods, CHEP replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, CHEP supplying the services again or paying the cost of having the services supplied again.
(e) CHEP is not liable for any loss or damage however caused where the Customer has requested the Products be:
(i) left unattended on site;
(ii) delivered to an address different to the one nominated on the Order; or
(iii) delivered to a freight forwarder.
The Customer is liable for, and indemnifies CHEP from and against, all loss or damage (including legal costs) incurred or suffered by CHEP however caused in connection with:
(a) any use of the Products other than in accordance with the Specification;
(b) personal injury or death of any person (including any employee of the Customer) in connection with the use of the Products;
(c) damage to property in connection with the use of the Products;
(d) CHEP exercising its rights under clause 6 or attempting to do so; or
(e) any act or omission of the Customer, its officers, employees or agents.
The Customer acknowledges and agrees that nothing in these terms and conditions grants the Customer any intellectual property rights (including copyright, trade marks, patents and designs) in the Products or any other intellectual property rights of CHEP.
(a) The rights and obligations of the parties under these terms and conditions do not merge on completion of any transaction contemplated by these terms and conditions.
(b) Termination of these terms and conditions will not affect clauses 4, 5, 6, 8 and 9 and any other clause of these terms and conditions which is expressly or by implication intended to come into force or continue after termination.
(a) The laws of Queensland, Australia govern these terms and conditions.
(b) Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
(c) The Customer must not assign, in whole or in part, or novate the Customer's rights and obligations under these terms and conditions without the prior written consent of CHEP.
(d) CHEP may subcontract its obligations under these terms and conditions.
(e) Where these terms and conditions contemplate that a party may consent to, elect, determine, approve, nominate, decide or consider any matter or thing, that party may provide such consent or make such election, determination, approval, nomination, decision or consideration in its absolute discretion and conditionally or unconditionally without being required to give reasons or act reasonably, unless these terms and conditions expressly require otherwise.
(f) Each provision of these terms and conditions will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
(g) These terms and conditions represent the parties' entire agreement, and supersedes all prior representations, communications, agreements, statements, conduct and understandings, whether oral or in writing, relating to its subject matter.
(h) The rights and obligations of the parties under these terms and conditions do not merge on completion of any transaction contemplated by these terms and conditions.
(a) In these terms and conditions:
Consequential Loss means consequential loss, indirect loss, loss of revenues, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain, lost opportunities (including opportunities to enter into arrangements with third parties) and loss or damage in connection with claims against the Customer by third parties.
Customer means you.
Metro has the meaning given to that term by CHEP's freight company.
Order has the meaning given to that term under clause 1(a).
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
PPSA means Personal Property Securities Act 2009 (Cth).
PPSA Information means any information or documents (including copies of such documents), which are in existence or may be entered into in the future, of the kind mentioned in section 275(1) PPSA.
Products means the products ordered by the Customer under clause 1(a) and which CHEP accepts an Order.
Purchase Price in respect of a Product, means the purchase price and cost of delivery for that Product specified on the Website.
CHEP means CHEP Pty Ltd ACN 117 266 323.
Specification means the specification provided to the Customer by CHEP in respect of each Product (if any), as amended by CHEP from time to time.
Website means www.loadcontainment.chep.com.
In these terms and conditions:
(i) the meaning of any general language is not restricted by any accompanying example, and the words 'includes', 'including', 'such as' or 'for example' (or similar phrases) do not limit what else might be included;
(ii) no rule of construction applies in the interpretation of these terms and conditions to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it; and
(iii) a reference to a party is a reference to CHEP or the Customer, and a reference to the parties is a reference to both CHEP and the Customer.
"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.
Help And Support