Terms & Conditions
Bayside Scaffolding and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Bayside Scaffolding, you accept these conditions. Please read them carefully. In addition, when you use any current or future Bayside Scaffolding service or visit or purchase from any business affiliated with Bayside Scaffolding, whether or not included in the Bayside Scaffolding Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit Bayside Scaffolding or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bayside Scaffolding or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Bayside Scaffolding and protected by international copyright laws. All software used on this site is the property of Bayside Scaffolding or its software suppliers and protected by international copyright laws.
License And Site Access
Bayside Scaffolding grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bayside Scaffolding. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bayside Scaffolding. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bayside Scaffolding and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Bayside Scaffolding’s name or trademarks without the express written consent of Bayside Scaffolding. Any unauthorised use terminates the permission or license granted by Bayside Scaffolding. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bayside Scaffolding so long as the link does not portray Bayside Scaffolding, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bayside Scaffolding logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Bayside Scaffolding does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Bayside Scaffolding only with involvement of a parent or guardian. Bayside Scaffolding and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, And Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Bayside Scaffolding reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Bayside Scaffolding and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bayside Scaffolding and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bayside Scaffolding or its affiliates for all claims resulting from content you supply. Bayside Scaffolding has the right but not the obligation to monitor and edit or remove any activity or content. Bayside Scaffolding takes no responsibility and assumes no liability for any content posted by you or any third party.
Bayside Scaffolding and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
Risk of Loss
All items purchased from Bayside Scaffolding are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Bayside Scaffolding and its affiliates attempt to be as accurate as possible. However, Bayside Scaffolding does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Bayside Scaffolding itself is not as described, your sole remedy is to return it in unused condition.
Parties other than Bayside Scaffolding and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Bayside Scaffolding does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer Of Warranties And Limitation Of Liability
THIS SITE IS PROVIDED BY BAYSIDE SCAFFOLDING ON AN “AS IS” AND “AS AVAILABLE” BASIS. BAYSIDE SCAFFOLDING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BAYSIDE SCAFFOLDING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BAYSIDE SCAFFOLDING DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BAYSIDE SCAFFOLDING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAYSIDE SCAFFOLDING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting Bayside Scaffolding, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Bayside Scaffolding or its affiliates.
Any dispute relating in any way to your visit to Bayside Scaffolding or to products you purchase through Bayside Scaffolding shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate Bayside Scaffolding’s intellectual property rights, Bayside Scaffolding may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, And Severability
Please review our other policies, posted on this site. These policies also govern your visit to Bayside Scaffolding. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
1.1 “Bayside” means Bayside Scaffolding Services Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of
Bayside Scaffolding Services Pty Ltd.
1.2 “Client” means the person/s hiring the Goods (and/or purchasing the Goods) as specified in any invoice, document or order, and if there is
more than one Client is a reference to each Client jointly and severally.
1.3 “Goods” means all Goods or Services supplied by Bayside to the Client at the Client’s request from time to time (where the context so
permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as
provided by Bayside to the Client.
1.5 “Price” means the Price payable for the hire (or purchase) of the Goods as agreed between Bayside and the Client in accordance with
clause 5 below.
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client
places an order for or accepts delivery of the Goods.
2.2 These terms and conditions may only be amended with Bayside’s consent in writing and shall prevail to the extent of any inconsistency with
any other document or agreement between the Client and Bayside.
3. Change in Control
3.1 The Client shall give Bayside not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or
any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s,
or business practice). The Client shall be liable for any loss incurred by Bayside as a result of the Client’s failure to comply with this clause.
4. Brochures and Promotional Material
4.1 The Client acknowledges that description and illustrations in Bayside’s brochures, promotional material and advertising are not to be taken
as an exact representation of the articles described, and are intended to present a general idea of the Goods. All drawings, brochures and
electronic information supplied are informative only. Bayside accepts no responsibility for the accuracy of illustrations, designs, samples,
weights, dimensions, capacities and other particulars of the Goods, and will not be responsible for the cost of additional work or
consequential loss or damage caused by any defect or otherwise in Brochures and Promotional Material. All samples, illustrations, designs
and specifications supplied to the Client remain the property of Bayside and may not be copied, reproduced or used in part or whole without
the prior written consent from Bayside.
5. Price and Payment
5.1 At Bayside’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Bayside to the Client; or
(b) the Price as at the date of delivery of the Goods according to Bayside’s current price list; or
(c) Bayside’s quoted price (subject to clauses 5.2 to 5.4) which will be valid for the period stated in the quotation or otherwise for a period of
thirty (30) days. The quoted Price is subject to change after a site visit.
5.2 The Client acknowledges that any Price quoted or advertised is subject to change without notice.
5.3 Bayside reserves the right to change the Price:
(a) if a variation to the Goods or Services which are to be supplied is requested; and/or
(b) in the event of increases to the Seller in the cost of labour or materials, or fluctuations in currency exchange rates, which are beyond
5.4 The Client shall be responsible for, and will pay:
(a) all costs associated with the pickup and delivery of the Goods to and from the company depot, and if necessary shall provide loading
equipment as well as all packaging costs;
(b) any additional costs or expenses not specifically provided for in this agreement, including but not limited to, any taxes, fees, stamp duty,
levy or charge imposed by government, or semi-government authority;
(c) any extra costs due to the difference between data supplied by the Client and the actual site shall be paid by the Client.
5.5 At Bayside’s sole discretion, a non-refundable deposit may be required.
5.6 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by Bayside, which
(a) on delivery of the Goods;
(b) before delivery of the Goods;
(c) by way of instalments/progress payments in accordance with Bayside’s payment schedule;
(d) thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
(e) the date specified on any invoice or other form as being the date for payment; or
(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Bayside.
5.7 Payment may be made by cash, cheque, bank cheque, credit card (plus a surcharge of up to two and a half percent (2.5%) of the Price), or
by any other method as agreed to between the Client and Bayside.
5.8 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Bayside an amount equal to any GST
Bayside must pay for any supply by Bayside under this or any other agreement for the sale/hire of the Goods. The Client must pay GST,
without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client
must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
6. Delivery of Goods
6.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:
(a) the Client or the Client’s nominated carrier takes possession of the Goods at Bayside’s address; or
(b) Bayside (or Bayside’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the
6.2 At Bayside’s sole discretion, the cost of delivery is included in the Price.
6.3 The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is
unable to take delivery of the Goods as arranged then Bayside shall be entitled to charge a reasonable fee for redelivery of the Goods
and/or the storage of the Goods.
6.4 Bayside may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the
provisions in these terms and conditions.
6.5 The Client cannot reject Goods due to any short delivery by Bayside. Failure by the Client to meet dates given for delivery does not entitle
the Client to cancel this agreement. If the commencement of any contract is delayed, Bayside is not obliged to keep aside or hold back its
Goods. Bayside will only be liable to comply with its obligations under any contract subject to the availability of Goods. The Client shall
provide a representative to check the quantity of the Goods delivered. If the Client does not provide a representative, then the Delivery
Docket will provide conclusive evidence as to the quantities of Goods delivered.
6.6 Any time or date given by Bayside to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and
Bayside will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
6.7 Bayside shall not be responsible for delay or non-completion of the job for which the Goods are purchased/hired resulting from an act
beyond the reasonable control of Bayside, including but not limited to, industrial action, strikes, lockouts, epidemics, fire, war, government
actions, commotion, riot, floods or inclement weather.
7. Title to the Goods
7.1 Where this is a hire agreement:
(a) the Goods is and will at all times remain the absolute property of Bayside, however the Client accepts full responsibility for:
(i) the safekeeping of the Goods and indemnifies Bayside for all loss, theft, or damage to the Goods howsoever caused and without
limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or
omission of the Client; and
(ii) shall keep Bayside indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in
respect of any injury to persons, damage to property, or otherwise arising out of the use of the Goods during the hire period and
whether or not arising from any negligence, failure or omission of the Client or any other persons.
Furthermore, the Client will insure, or self-insure, Bayside’s interest in the Goods against physical loss or damage including, but not
limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance
covering any loss, damage or injury to property arising out of the Goods. Further the Client will not use the Goods nor permit it to be
used in such a manner as would permit an insurer to decline any claim.
(b) If the Client fails to return the Goods to Bayside then Bayside or Bayside’s agent may (as the invitee of the Client) enter upon and into
land and premises owned, occupied or used by the Client, or any premises where the Goods is situated and take possession of the
Goods, without being responsible for any damage thereby caused.
(c) The Client is not authorised to pledge Bayside’s credit for repairs to the Goods or to create a lien over the Goods in respect of any
7.2 Where is this an agreement for the purchase of the Goods:
(a) Bayside and the Client agree that ownership of the Goods shall not pass until:
(i) the Client has paid Bayside all amounts owing to Bayside; and
(ii) the Client has met all of its other obligations to Bayside.
(b) Receipt by Bayside of any form of payment other than cash shall not be deemed to be payment until that form of payment has been
honoured, cleared or recognised.
(c) It is further agreed that:
(i) until ownership of the Goods passes to the Client in accordance with clause (a) that the Client is only a bailee of the Goods and
must return the Goods to Bayside on request.
(ii) the Client holds the benefit of the Client’s insurance of the Goods on trust for Bayside and must pay to Bayside the proceeds of
any insurance in the event of the Goods being lost, damaged or destroyed.
(iii) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and
for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any
such act on trust for Bayside and must pay or deliver the proceeds to Bayside on demand.
(iv) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds
the resulting product on trust for the benefit of Bayside and must sell, dispose of or return the resulting product to Bayside as it so
(v) the Client irrevocably authorises Bayside to enter any premises where Bayside believes the Goods are kept and recover
possession of the Goods.
(vi) Bayside may recover possession of any Goods in transit whether or not delivery has occurred.
(vii) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods
while they remain the property of Bayside.
(viii) Bayside may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not
passed to the Client.
8. Personal Property Securities Act 2009 (“PPSA”)
8.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the
8.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a
security agreement for the purposes of the PPSA and creates a security interest in all Goods that has previously been supplied and that will
be supplied in the future by Bayside to the Client.
8.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in
all respects) which Bayside may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 8.3(a)(i) or 8.3(a)(ii);
(b) indemnify, and upon demand reimburse, Bayside for all expenses incurred in registering a financing statement or financing change
statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of Bayside;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third
party without the prior written consent of Bayside;
(e) immediately advise Bayside of any material change in its business practices of selling Goods which would result in a change in the
nature of proceeds derived from such sales.
8.4 Bayside and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and
8.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
8.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
8.7 Unless otherwise agreed to in writing by Bayside, the Client waives their right to receive a verification statement in accordance with section
157 of the PPSA.
8.8 The Client must unconditionally ratify any actions taken by Bayside under clauses 8.3 to 8.5.
8.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of
any of the provisions of the PPSA.
9. Security and Charge
9.1 In consideration of Bayside agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in
any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the
Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
9.2 The Client indemnifies Bayside from and against all Bayside’s costs and disbursements including legal costs on a solicitor and own client
basis incurred in exercising Bayside’s rights under this clause.
9.3 The Client irrevocably appoints Bayside and each director of Bayside as the Client’s true and lawful attorney/s to perform all necessary acts
to give effect to the provisions of this clause 9 including, but not limited to, signing any document on the Client’s behalf.
10. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
10.1 The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify Bayside in writing of any evident
defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the
Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Bayside to
inspect the Goods.
10.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and
warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-
10.3 Bayside acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Bayside makes no warranties or
other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Bayside’s liability in
respect of these warranties is limited to the fullest extent permitted by law.
10.5 If the Client is a consumer within the meaning of the CCA, Bayside’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 If Bayside is required to replace the Goods under this clause or the CCA, but is unable to do so, Bayside may refund any money the Client
has paid for the Goods.
10.7 If the Client is not a consumer within the meaning of the CCA, Bayside’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Client by Bayside at Bayside’s sole discretion;
(b) limited to any warranty to which Bayside is entitled, if Bayside did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 Subject to this clause 10, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 10.1; and
(b) Bayside has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
10.9 Notwithstanding clauses 10.1 to 10.8 but subject to the CCA, Bayside shall not be liable for any defect or damage which may be caused or
partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store the Goods;
(b) the Client using the Goods for any purpose other than that for which they were designed;
(c) the Client continuing the use of the Goods after any defect became apparent or should have become apparent to a reasonably prudent
operator or user;
(d) the Client failing to follow any instructions or guidelines provided by Bayside;
(e) fair wear and tear, any accident, or act of God.
10.10 Notwithstanding anything contained in this clause if Bayside is required by a law to accept a return then Bayside will only accept a return on
the conditions imposed by that law.
11. Intellectual Property
11.1 Where Bayside has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents
shall remain the property of Bayside.
11.2 The Client warrants that all designs, specifications or instructions given to Bayside will not cause Bayside to infringe any patent, registered
design or trademark in the execution of the Client’s order and the Client agrees to indemnify Bayside against any action taken by a third
party against Bayside in respect of any such infringement.
11.3 The Client agrees that Bayside may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs,
drawings or Goods which Bayside has created for the Client.
12. Default and Consequences of Default
12.1 A penalty on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a
half percent (2.5%) per calendar month (and at Bayside’s sole discretion such penalty shall compound monthly at such a rate) after as well
as before any judgment.
12.2 If the Client owes Bayside any money the Client shall indemnify Bayside from and against all costs and disbursements incurred by Bayside
in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Bayside’s
collection agency costs, and bank dishonour fees).
12.3 Without prejudice to any other remedies Bayside may have, if at any time the Client is in breach of any obligation (including those relating to
payment) under these terms and conditions Bayside may suspend or terminate the supply of Goods to the Client. Bayside will not be liable
to the Client for any loss or damage the Client suffers because Bayside has exercised its rights under this clause.
12.4 Without prejudice to Bayside’s other remedies at law Bayside shall be entitled to cancel all or any part of any order of the Client which
remains unfulfilled and all amounts owing to Bayside shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Bayside becomes overdue, or in Bayside’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes
an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
13.1 Bayside may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are
delivered by giving written notice to the Client. On giving such notice Bayside shall repay to the Client any money paid by the Client for the
Goods. Bayside shall not be liable for any loss or damage whatsoever arising from such cancellation.
13.2 In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by
Bayside as a direct result of the cancellation (including, but not limited to, any loss of profits and any cost of materials, labour and other
costs incurred by Bayside).
14. Hire of Goods
14.1 Hire charges shall commence from the time the Goods leave Bayside’s premises and continue until the return of the Goods to Bayside’s
premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
14.2 The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.
14.3 No allowance whatsoever can be made for time during which the Goods are not in use for any reason, unless Bayside confirms special prior
arrangements in writing. In the event of Goods breakdown provided the Client notifies Bayside immediately, hiring charges will not be
payable during the time the Goods are not working, unless the condition is due to negligence or misuse on the part of or attributable to the
14.4 The Client shall:
(a) maintain the Goods as is required by Bayside;
(b) notify Bayside immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not
absolved from the requirements to safeguard the Goods by giving such notification;
(c) satisfy itself at commencement that the Goods are suitable for its purposes;
(d) operate the Goods safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s
instruction whether supplied by Bayside or posted on the Goods;
(e) ensure that all persons operating or erecting the Goods are suitably instructed in its safe and proper use and where necessary hold a
current Certificate of Competency and/or are fully licensed to operate the Goods and shall provide evidence of the same to Bayside
(f) comply with all occupational health and safety laws relating to the Goods and their operation;
(g) on termination of the hire, deliver the Goods complete with all parts and accessories, clean and in good order as delivered, fair wear
and tear accepted, to Bayside;
(h) keep the Goods in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the
(i) not alter or make any additions to the Goods including but without limitation altering, make any additions to, defacing or erasing any
identifying mark, plate or number on or in the Goods or in any other manner interfere with the Goods;
(j) employ the Goods solely in its own work and shall not permit the Goods or any part thereof to be used by any other party for any other
(k) not exceed the recommended or legal load and capacity limits of the Goods;
(l) not use or carry any illegal, prohibited or dangerous substance in, or on, the Goods;
(m) not fix any of the Goods in such a manner as to make them legally a fixture forming part of any freehold;
14.5 Immediately on request by Bayside the Client will pay:
(a) the new list price of any Goods that are for whatever reason destroyed, written off or not returned to Bayside;
(b) all costs incurred in cleaning the Goods;
(c) all costs of repairing any damage caused by the ordinary use of the Goods up to an amount equal to ten percent (10%) of the new list
price of the Goods;
(d) the cost of repairing any damage to the Goods caused by the negligence of the Client or the Client’s agent;
(e) the cost of repairing any damage to the Goods caused by vandalism, or (in Bayside’s reasonable opinion) in any way whatsoever
other than by the ordinary use of the Goods by the Client;
(f) any lost hire fees Bayside would have otherwise been entitled to for the Goods, under this, or any other hire agreement.
14.6 Bayside may terminate the hire contract, without being liable for damages for doing so, if:
(a) The Client default in the punctual payment of any monies due;
(b) The Client fails to observe or perform any condition in this, or any other uncompleted hire contract between Bayside and the Client;
(c) The Client is declared bankrupt, or an official manager is appointed to any of the Client’s assets;
(d) The Client applies to take benefit of any law for the relief of bankrupt or insolvent debtors, compounds with their creditors, or makes an
assignment of their remuneration for their benefit.
14.7 In the circumstances of clause 14.6 Bayside shall be entitled to enter upon the Client’s site and remove the Goods from the site, without
prejudice to any arrears in hire charges or other sums due to the breach if the Client’s obligations or for damages that may arise from any
event, and from then Bayside shall be freed and discharged from all actions, suits, claims, demands by or obligations to the Client under or
by virtue of the hire contract.
15. Sale of Goods
15.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
15.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Bayside is entitled to receive all
insurance proceeds payable for the Goods. The production of these terms and conditions by Bayside is sufficient evidence of Bayside’s
rights to receive the insurance proceeds without the need for any person dealing with Bayside to make further enquiries.
15.3 If the Client requests Bayside to leave Goods outside Bayside’s premises for collection or to deliver the Goods to an unattended location
then such Goods shall be left at the Client’s sole risk.
15.4 In the case of second hand Goods, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full opportunity
to inspect the second hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is
given by Bayside as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The
Client acknowledges and agrees that Bayside has agreed to provide the Client with the second hand Goods and calculated the Price of the
second hand Goods in reliance of this clause 15.4.
15.5 Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production
has commenced, or an order has been placed.
16. Privacy Act 1988
16.1 The Client agrees for Bayside to obtain from a credit reporting agency a credit report containing personal credit information about the Client
in relation to credit provided by Bayside.
16.2 The Client agrees that Bayside may exchange information about the Client with those credit providers either named as trade referees by the
Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit
(d) to assess the creditworthiness of the Client.
The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit
history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
16.3 The Client consents to Bayside being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h)
Privacy Act 1988).
16.4 The Client agrees that personal credit information provided may be used and retained by Bayside for the following purposes (and for other
purposes as shall be agreed between the Client and Bayside or required by law from time to time):
(a) the provision of Goods; and/or
(b) the marketing of Goods by Bayside, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the
16.5 Bayside may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
16.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that Bayside is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60)
days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that
has been listed;
(f) information that, in the opinion of Bayside, the Client has committed a serious credit infringement (that is, fraudulently or shown an
intention not to comply with the Client’s credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by Bayside has been paid or otherwise discharged.
17. Unpaid Seller’s Rights
17.1 Where the Client has left any item with Bayside for repair, modification, exchange or for Bayside to perform any other service in relation to
the item and Bayside has not received or been tendered the whole of any moneys owing to it by the Client, Bayside shall have, until all
moneys owing to Bayside are paid:
(a) a lien on the item; and
(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of
17.2 The lien of Bayside shall continue despite the commencement of proceedings, or judgment for any moneys owing to Bayside having been
obtained against the Client.
18. Building and Construction Industry Security of Payments Act 1999
18.1 At Bayside’s sole discretion, if there are any disputes or claims for unpaid Goods then the provisions of the Building and Construction
Industry Security of Payments Act 1999 may apply.
18.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction
Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.
19.1 The failure by Bayside to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it
affect Bayside’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or
unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which
Bayside has its principal place of business, and are subject to the jurisdiction of the courts in that state.
19.3 Subject to clause 10 Bayside shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense
(including loss of profit) suffered by the Client arising out of a breach by Bayside of these terms and conditions (alternatively Bayside’s
liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods hire).
19.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Bayside
nor to withhold payment of any invoice because part of that invoice is in dispute.
19.5 Bayside may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
19.6 The Client agrees that Bayside may amend these terms and conditions at any time. If Bayside makes a change to these terms and
conditions, then that change will take effect from the date on which Bayside notifies the Client of such change. The Client will be taken to
have accepted such changes if the Client makes a further request for Bayside to provide Goods to the Client.
19.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other
event beyond the reasonable control of either party.
19.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is
not insolvent and that this agreement creates binding and valid legal obligations on it.