Terms of service
1. Acceptance of Term
1.1 You are deemed to have accepted these Terms and Conditions upon entering into a Hire Contract with us or by accepting delivery of the Module.
1.2 Any quote provided by us will not be deemed an offer or obligation to supply the Module in accordance with the quote.
2. Hire of Module
We agree to hire the Module to you and you agree to hire the Module from us in accordance with these Terms & Conditions.
3. Possession
Subject to you paying all applicable fees,including the Hire Fee, we agree to grant possession of the Module to you during the Hire Period.
4. Hire Period
4.1. You agree to hire the Module from the Commencement Date until the end of the Hire Period.
4.2. Upon your request, we may in our sole discretion agree to reduce or extend the Hire Period but are not obligated to do so.
5. Failure to return Module on time
5.1. If you fail to return possession and control of the Module at the end of the Hire Period:
(a) the terms of this Agreement continue to apply until such time as the Module is returned to us;
(b) you must continue to pay the Hire Fee until such time as the Module is returned to us; and
(c) we reserve its right to take action against you for your failure to return the Module at the specified time.
5.2. If we form the reasonable opinion that you are unlikely to return the Module, you must immediately on demand pay the replacement costs of that Module as notified by us. If you fail to pay these replacement costs, we may pursue legal action to recover the amount as a liquidated debt.
6. Hire Fee
6.1. In consideration for providing the Module to you for the Hire Period, you agree to pay us the Hire Fee.
6.2. You agree to pay the Hire Fee for each day in which you have possession or control of the Module, even where that period of possession or control exceeds the agreed Hire Period.
6.3. Unless otherwise stated, daily rates quote dare for 24 hours, and weekly hire rates are for 7 calendar days. Use of Module over and above these limits will attract an increased Hire Fee at our sole discretion.
6.4. Where the Hire Contract specifies any minimum Hire Period, you agree to pay the Hire Fee for the entirety of that minimum Hire Period even where you return possession or control of the Module to us prior to the expiry of the minimum Hire Period.
7. Invoicing
7.1. If you have been Credit Approved by us:
(a) We will invoice you for the Hire Fee payable in each month (or part thereof)at the expiry of the Hire Period; and
(b) You must pay each invoice within 30days of the end of the month to which the invoice relates.
7.2. If you are not Credit Approved by us:
(a) We will invoice you on or before the commencement of the Hire Fee; and
(b) You must pay the Hire Fee in full prior to the commencement of the Hire Period.
7.3. We are not obliged to provide the Module to you until the Hire Fees have been paid in full in accordance with this clause.
8. Delivery Fee
In addition to the Hire Fee, you must pay any delivery fee at the rate set out in the Hire Contract as an upfront payment.
9. Cancellation Fee
9.1. Where you make a booking or reservation for Module and:
(a) cancel that booking at least 7 days prior to the commencement of the Hire Period; or
(b) fails to take delivery of the Module,
9.2. You must pay us the Cancellation Fee.
10. Security Deposits
10.1. We may at our sole discretion require you to pay a security deposit prior to the delivery of any Module.
10.2. Where we hold a security deposit from you,the deposit will be held as security for the performance of your obligations in this Agreement and for the payment of any and all amounts owing by you to us, and not only in payment of the Hire Fee to which the deposit relates.
10.3. You are not entitled to require the return of the security deposit until we are reasonably satisfied that all such monies have been paid and the Module returned to us in accordance with this Agreement.
10.4. We may at any time, and without notice, apply any security deposit held from you in satisfaction of any amounts owing by you to us.
11. Card Charges
You irrevocably authorize us to charge to your credit card or account (as provided to us) the Hire Fee, the Cancellation Fee and other amounts owing by the you to us under this Agreement.
12. Additional Charges
12.1. You agree that we may charge you, and you must pay to us immediately on demand, the any additional charges:
(a) for any payment of a Hire Fee made by credit card, we may charge you a credit card surcharge;
(b) delivery fees as set out in the Hire Contract;
(c) costs associated with the extension of any Hire Period;
(d) any physical damage to the Module;
(e) reasonable fees associated with any necessary cleaning on return of the Module;
(f) reasonable fees incurred to delivery the Module, for example parking or toll fees;
(g) consumables used in relation to the Module during the Hire Period;
(h) any fines or penalties imposed by any regulatory agency or local authority arising out of use of the Module; and
(i) any other fees set out to you in the Hire Contract and/or agreed between the parties.
13. Damaged Module
13.1. Where the Module is returned to us, and we determine that the Module:
(a) has been damaged;
(b) and/or is not in good working order;and/or(c) is not capable of being hired to a third party due to the condition of the Module upon its return by you,you agree to continue to pay us on demand the Hire Fee for each day from the date of return until such time as the Module is restored to good working order and is capable of being hired to a third party in the ordinary course of our business.
13.2. We will use reasonable endeavors to ensure that such Module is restored to good working order within a reasonable amount of time fr omits return.
14. Failure to Deliver
14.1. If we are unable to deliver the Module to the location requested by you due to:
(a) access to that location being unsafe or being obstructed;
(b) the location being closed, locked,inaccessible or unattended at the notified delivery time; or
(c) We form the opinion that delivery of the Module to the location would present a risk to the health and safety of any person, or would present a risk of damage to any property,you will be liable for the costs of attempted delivery (excluding in circumstances where the observed risk was beyond your control).
15. Remote Hire Charges
15.1. Where the Module is hired for use in a Remote Area, you must pay additional charges for:
(a) the delivery and collection of the Module; and
(b) any other attendance at the Remote Area by us.(Remote Area Charges)
15.2. The Remote Area Charges will be calculated as follows:
(a) a base rate (as specified in the Hire Contract) for the first 50km of travel distance from our premises;
(b) an additional rate (as specified in the Hire Contract) for each additional 50kmincrement thereafter;
(c) labor costs for each staff member(including travel time) at the rates specified in the Hire Contract (if any);and
(d) any direct travel costs, including third-party charges incurred by us or our staff in connection with travel (if applicable).
16. Variation
We will provide written notice of any changes to the Hire Fee to you, before delivery of the Module. You may cancel your booking without penalty if you do not accept the new Hire Fee. By accepting delivery of the Module,you agree to and accept the new Hire Fee.
17. Interest
17.1. If you fail to pay any amount as and when due,you will pay to us in addition to the amount due, interest on all outstanding amounts at a rate equal to the Queensland Law Society’s standard contract default rate plus 2 percentage points (default interest).
17.2. The default interest:
(a) accrues day to day from and including the due date for payment up to the actual date of payment; and
(b) may be capitalized by us at monthly intervals.
18. Costs
You agree to pay all costs we incur in recovering any unpaid amounts from you,including our legal costs on a full indemnity basis.
19. Termination
19.1. We may terminate this Agreement immediately by giving notice if:
(a) you become insolvent, bankrupt, enter into liquidation, voluntary administration, receivership, or any similar insolvency arrangement or process;
(b) we reasonably believe you are unable to pay your debts as and when they fall due;
(c) you fail to pay any part of the Hire Fee when due;
(d) you breach any term of this Agreement and fail to remedy that breach within 3Business Days after receiving notice from us requiring you to do so.
19.2. Termination of this Agreement does not affect any accrued rights or liabilities of either party,nor any provision of this Agreement which expressly, or by implication, is intended to continue in force after termination.
20. Return of Module on termination
Upon termination:
(a) you must immediately make the Module available for our collection, in good working order and free of damage;and(b) you must immediately pay us all monies you owe us.
21. Entry into premises
If this Agreement is terminated for any reason, we may take possession of the Module and may enter onto you premises in order to remove, gain access to or take possession of the Module.
22. Your warranties
You warrant that:
(a) the Module will be used in accordance with the conditions outlined in this Agreement and only for the purpose for which it was intended;
(b) the Module will not be exposed to corrosive substances (including, but not limited to sodium chloride, sulfuric acid and hydrochloride acid), or operated or stored in any location where it might reasonably be exposed to corrosive substances;
(c) the particulars you have provided us are correct in every respect and are not misleading in any way including,without limitation, by omission;
(d) you have provided us with complete and accurate details of all available site infrastructure and utilities (including but not limited to electricity supply,water connections, waste disposal points, and sewerage access) required for the proper installation and operation of the module.
(e) the Module will not be used for any illegal purpose;
(f) you will not, without our prior written permission, tamper with, repair or modify the Module in any way, or permit another to do so;
(g) you agree that the Module complies with its description, is in merchantable condition and is fit for your purpose;and
(h) you agree that the Module has been received by you in clean and good working order.
23. Use, Maintenance and Repairs
23.1. You must use the Module in a safe and appropriate manner and must comply in all respects with all applicable laws, regulations,requirements, rules and warning labels reasonably necessary for the use of the Module.
23.2. You must take all necessary steps to prevent injury occurring to persons or property as a result of your use of the Module, or due to the condition of the Module during the Hire Period.
23.3. You must comply with any operations manual which we provide you or is contained within the Module.
23.4. You must, at your own cost and expense,keep the Module in good repair, condition and working order and must furnish any and all parts, mechanisms and devices required to keep the Module in good mechanical working order.
23.5. You must, at your own cost and expense,keep the Module clean, sanitary and free from debris at all times during the Hire Period.
24. Notice of Damage
24.1. If, during the Hire Period, the Module is damaged in any way:
(a) you must immediately cease using the Module;
(b) you must notify us within 1 Business Day of the damage occurring; and
(c) you must not commence using the Module again until we inspect the Module and confirm the Module maybe used.
24.2. You must obtain our written consent before making any modification, replacement,alteration or repair whatsoever to the Module.
25. We may remedy
25.1. If you fail to carry out the requirements under the preceding clauses, then it will be lawful but not obligatory for us to enter upon your premises with workmen and others and all necessary materials for the purpose of carrying out those requirements and ensuring that the value of the Module is not adversely affected.
26. Title
26.1. The parties agree that:
(a) We are and remain the sole and exclusive owner of the Module; and
(b) You will have no right, title or interest in the Module except as expressly set forth in this Agreement,notwithstanding, for example:
(i) the delivery of the Module to your premises; and
(ii) any temporary attachment of the Module to any land or buildings to facilitate use of the Module.
26.2. Except where we expressly authorize, you must not permit:
(a) the Module to be sold or otherwise disposed of; or
(b) any Security Interest to be created over any items of Module.
27. Installation and Location of Module
You must not remove any of the Module from the delivery address without our prior written consent.
28. Our rights must prevail
Notwithstanding any other provision in this Agreement, if the Module has become affixed to any land or premises in a manner that we consider has prejudiced or jeopardized or may prejudice or jeopardize our rights in or title to the Module, you must take any action that we requests to preserve our rights in and title to the Module.
29. Inspection
29.1. You acknowledge and agree that:
(a) you have inspected the Module prior to accepting the delivery of the Module;and
(b) you are satisfied with the condition,quality, safety and road worthiness of the Module and that the Module is fit for your intended purpose.
29.2. You agree to accept the Module, as is and where is, subject to the terms of this Agreement.
30. Our right to inspect
During the Hire Period, you must make the Module available for inspection by us upon 1Business Day's written notice to you or without notice in the case of an emergency.
31. PPSR
31.1. You acknowledge and agree that to the extent that this Agreement is a PPS Lease, you hereby grant us a Security Interest which is a PMSI over the Module to secure payment of the Hire Fee.
31.2. You consent to us affecting a registration on the PPSR (in any manner we considers appropriate) in relation to any PMSI arising under or in connection with this Agreement being a PPS Lease or any document entered into pursuant to it at any time and you must provide all assistance required by us to facilitate this.
31.3. You must do anything we requests you to do to perfect a PMSI granted (or deemed to be granted) under this Agreement, or any document entered into pursuant to those documents at any time.
31.4. If Chapter 4 of the PPSA applies to the enforcement of a Security Interest arising under or in connection with this Agreement or any document entered into pursuant to it, you agree:
(a) to the extent that section 115(1) of the PPSA allows, the following provisions of the PPSA will not apply to the enforcement of that Security Interest:section 95, to the extent that it requires us to give notice to you, s96, section121(4), s 125, s130, to the extent that it requires us to give notice to you,paragraph 132(3)(d), subsection 132(4),s 142; and s 143;
(b) to the extent that section 115(7) of the PPSA allows, the following provisions of the PPSA will not apply to the enforcement of that Security Interest:s127, s 129(2) and (3), s 132, s 134(2), s135, s 136(3), (4), and (5); and s 137.
31.5 If you makes payment to us at any time whether in connection with this Agreement,or any document entered into pursuant to this Agreement at any time or otherwise, we may, at our absolute discretion, apply that payment in any manner we see fit.
31.6 You must immediately notify us of any changes to your name or contact details,including phone, email and address.
31.7 You must do all things which we ask and reasonably considers necessary for the purposes of:
(a) granting us a Security Interest in the Module;
(b) ensuring that the Security Interest is enforceable, perfected (including where possible, by control in addition to registration) and otherwise effective;
(c) enabling us to apply for any registration, or give any notification, in connection with the Security so that the Security Interest has the priority we require; or
(d) enabling us to exercise rights in connection with the Security Interest.
31.8 You appoint us as your agent and attorney from the Commencement Date. We may in your name and on your behalf do anything necessary or desirable in our opinion to:
(a) give full effect to this Agreement;
(b) better secure the Module to us in a manner consistent with this Agreement; or(c) assist in the execution or exercise of any power.
31.9 Upon our request, you must supply us with any information about or documents affecting:
(a) the Module; and
(c) this Agreement or any document relating to this Agreement.
32. Insurance
32.1 If we require, you must obtain and maintain insurance, for the full insurable value, over the Module to the extent it is insurable against theft, damage, and other usual risks(including third party personal and property liability but excluding fire) and any other risk we reasonably requires for the duration of the Hire Period.
32.2 Each insurance policy must be taken out with a reputable insurer approved by us.
32.3 You must provide us with a copy of the policy and certificate evidencing such insurance upon request.
32.4 You must ensure that:(a) the insurance cover is not reduced or cancelled (and you must notify us if it is or could be);(b) nothing happens that could permit an insurer to reduce or decline a claim(and you must notify us Hire if anything happens which would permit an insurer to do this); and(c) you provide such disclosure to the insurer as required by the policy and by-law.
32.5 You must notify us if:(a) an event occurs which gives rise or may give rise to an insurance claim; or(b) an insurance claim is refused either in part or in full.
32.6 You must ensure that proceeds from an insurance claim are:
(a) used to reinstate the Module; or
(b) paid to us.
32.7 You acknowledge and agree that we are entitled to receive all insurance proceeds as a result of any loss or damage to the Module.In the event that we direct you to use or hold any insurance proceeds in a particular way,you must use or hold them as we direct.
32.8 We may by written notice to you take you rrights to make, pursue or settle an insurance claim. We may exercise those rights in any manner that it so chooses.
33. No Warranties
To the fullest extent permitted by law, we disclaim all and any warranties in respect of the Module whether express or implied.
34. Loss and Damage
34.1. You assume and bear the entire risk of loss and damage to the Module from any and every cause whatsoever during the Hire Period.
34.2. In the event of loss or damage of any kind whatever to the Module, you must, at our option:
(a) place the same in good repair,condition and working order; or
(b) replace the same with like Module in good repair, condition and working order; or
(c) pay us the replacement cost of the Module.
35. Indemnity
35.1. You agree to indemnify and hold us harmless against any and all claims, actions, suits,proceedings, costs, expenses, damages and liabilities, arising out of, connected with, or resulting from the use of misuse of the Module by any person during the Hire Period.
35.2. We may enforce these rights of indemnity at any time including before we have incurred the liability, loss or cost.
36. Limited Liability
36.1. Our liability for any breach of the Agreement or any related order or contract and/or in tort(including negligence) is limited at our option to the Hire Fee paid by you to us.
36.2. To the fullest extent permitted by law, we will not be liable to you for:
(a) any loss of profit, loss of goodwill, loss of opportunity and/or any special,punitive, indirect or consequential loss or damage incurred by you or any other person whether directly or indirectly related to this Agreement;
(b) any loss or damage caused to you by reason of any delay, lack of supply,industrial action, fire, flood, riot, war,embargo, civil commotion, act of God or any other event which is beyond our control;
(c) any loss, damage or claim of any kind arising as a result of you and/or any other person sustaining injury, ailment or death as a result of your use,maintenance, repair, storage or transport of the Module whether directly or indirectly related to this Agreement;
(d) any loss, damage or claim of any kind whatsoever (including, without limitation, any liability for direct,indirect, special or consequential loss or damage) in contract, tort, statute or in any other way for injury, sustained by you and/or any other person;(e) any loss, damage or claim arising from or in connection with this Agreement and/or the Goods and/or Services provided by us; and
36.3. We will not be liable to any third party for any claim whatsoever arising out of or in connection with the Module or any service related to the Module, and you indemnify us accordingly.
36.4. To the fullest extent permitted by law, all warranties implied by statute or otherwise are excluded.
37. Additional Requirements
You must, at our request, provide such further information as we require, whether for the purpose of assessing your creditworthiness or otherwise.
38. GST
38.1. Any terms capitalized in this clause has the same meaning given to those terms in the GST Act.
38.2. The consideration for a Supply made under or in connection with this Agreement does not include GST (unless expressly stated otherwise).
38.3. If a Supply made under or in connection with this Agreement is a Taxable Supply, then at or before the time the consideration for the Supply is payable we will give the Recipient a Tax Invoice for the Supply.
39. Cross Hire
39.1 You must obtain our prior written consent before sub-leasing or cross-hiring our Module to any person.
39.2 If we provide our consent to any sub-lease or cross-hire you acknowledge and agree that:(a) you remain fully responsible for all obligations under this Agreement;(b) you must ensure the sub-lessee or cross-hire is bound by terms at least as strict as those in this Agreement;and(c) we may attach conditions to our consent at our sole discretion.
40. Force Majeure
40.1 Subject to clause
40.2, neither party will be responsible for any delays in delivery,installation or collection of the Module due to causes beyond their control including but not limited to acts of God, war, terrorism, mobilization, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction,fires, floods, strikes, lockouts or other labor difficulties, shortages of or inability to obtain shipping space or land transportation
40.3 Nothing in this clause will limit or exclude your responsibilities and liabilities under the Hire Contract for any Module that is lost,stolen, or damaged during the Hire Period.
41. General
41.1 This Agreement is made under and will be governed by the laws of Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland.
41.2 No party may assign its rights or obligations under this Agreement without the prior written consent of each other party, which consent may be given or withheld, or given on conditions, in the absolute discretion of each other party.
41.3 This Agreement constitutes the entire agreement of the parties as to its subject matter and supersedes and cancels all prior arrangements, understandings and negotiations between the parties and all representations or warranties made by a party unless repeated in this Agreement.
41.4 Each party will bear its own legal costs and disbursements of and incidental to the preparation and execution of this Agreement.
41.5 No failure to exercise or delay in exercising any right, power or remedy under this Agreement operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
41.6 The covenants, conditions, provisions and warranties contained in this Agreement do not merge or terminate upon a termination of this Agreement, but to the extent they are capable of having effect, remain in full force and effect.
41.7 A notice, demand, consent, approval, requestor other communication (notice) to be given under this Agreement:
(a) must be in writing in English;
(b) must be delivered by a method contemplated by the table in this clause; and
(c) shall be duly received at the time and on the day set out in the table in this clause.
41.8 Where any notice is personally delivered or transmitted by facsimile or email after 5:00pm on any day, it shall be treated as having been duly given and received at9:00am on the next Business Day.
41.9 This Agreement will, to the extent possible,be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect. If a provision is found to be illegal,invalid or unenforceable:
(a) that provision will, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in the circumstances to give it a valid operation; or
(b) if the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and sever able and the remaining provisions of this Agreement will not in any way be affected or impaired and will continue regardless of that illegality, invalidity or unenforceability.
41.10 No amendment to this Agreement has any force unless it is in writing and signed by all of the parties to this Agreement.
41.11 This Agreement is validly executed if executed in one or more counterparts and may be exchanged electronically by email.
DEFINITIONS AND INTERPRETATION
42. Definitions In this Agreement, unless the context otherwise requires, the following definitions apply:
(a) Agreement means these Terms and Conditions and each Hire Contract or request for the supply of Module accepted by us;
(b) Business Day means a day, not being a Saturday, Sunday or public holiday, on which banks are open for commercial business in Australia and in the place or places where performance of a relevant Obligation is or is required to take place;
(c) Cancellation Fee is the fee payable pursuant to clause 9 at the rate specified in our Hire Contract.
(d) Commencement Date means the date and/or time specified in the Hire Contract, or if not specified, the date and time that the Module is provided to you;
(e) Credit Approved means:
A. You have completed our‘Application for 30 Day Credit Account’; and
B. We (in its sole discretion) have accepted that application;
(f) You includes:
A. The party specified in the Hire Contract as the customer;
B. The party who requests the hire of Module from us; and/or
C. The party who hires Module from us;
(g) Module means the portable en suite and/or other modules, equipment or any accessories specified in the Hire Contract or otherwise agreed between you and us;
(h) Hire Contract means any order or request made by you for the supply by us of a Module in any form and however described, and includes an oral request for the supply of a Module, or an invoice, proposal or quote provided by us at your request;
(i) Hire Fee means the amount or rate specified in the Hire Contract as being the amount payable for the hire of the Module, or such other amount notified by us to you from time to time;
(j) Hire Period means the period commencing on the Commencement Date and ending on:
A. the date and/or time specified in the Hire Contract as the end of the Hire Period; or
B. such other time and/or date(whether earlier or later) as agreed by us;
(k) Insurances means all policies and contracts for insurance which are from time to time taken out or entered into pursuant to the provisions of this Agreement;
(l) Personal Property, PMSI (Purchase Money Security Interest), PPS Lease,PPSA (Personal Property Securities Act 2009 (Cth)), PPSR (Personal Property Securities Register), and Security Agreement each have the meanings given to those terms in the PPSA.
(m) Remote Area means any location that is more than 50 km from our premises;
(n) Secured Money means all amounts that at any time, for any reason or circumstance in connection with this Agreement, are payable, are owing but not currently payable, are contingently owing, or remain unpaid, by the you to us;
(o) Security Interest includes:
A. A security interest as defined in section 12 of the PPSA.
B. Any right, interest, or power reserved in or over an interest in an asset, including retention of title.
C. Any right, interest, or power created or arising in or over an asset under a bill of sale,mortgage, charge, lien, pledge,trust, or power.
D. Any right, interest, or power granted as security for the payment of a debt, the performance of a monetary obligation, or any other obligation.
E. Any agreement to grant or create any of the above rights, interests,or powers.
F. Us or We means POP-UP BATHROOMS AUSTRALIA ABN 73 804 018 837.43. Interpretation In this Agreement, unless the context clearly indicates otherwise:
(a) a reference to:
A. a clause, schedule, annexure or party is a reference to a clause,schedule, annexure or party to this Agreement;
B. a party includes its executors,personal representative,administrators, successors and assigns;
C. ‘document’, ‘deed’ or ‘agreement’(including a reference to this Agreement) includes the document, deed or agreement as varied, amended, novated or supplemented and includes all recitals, schedules, appendices and exhibits to it;
D. legislation or a legislative provision includes any statutory modification or substitution of that legislation or provision and any subordinate legislation issued under that legislation or provision; and
E. ‘person’ includes a corporation,trust, partnership,unincorporated body,government, local authority or agency, or other entity, whether or not it constitutes a separate legal entity;
(b) headings and any table of contents do not form part of this Agreement or affect its interpretation;
(c) a word or phrase that is derived from or is another grammatical form of a defined word or phrase has corresponding meaning;
(d) the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example ’or similar expressions;
(e) the singular includes the plural and vice versa;
(f) monetary amounts are expressed in Australian dollars;
(g) a ‘day’, ‘month’ or ‘year’ means a calendar day, month or year;
(h) all or part of this Agreement must not be construed against the interests of a party because that party or its lawyers were responsible for its drafting or because that party relies on a provision of this Agreement to protect itself; and
(i) if any day on or by which a person must do something under this Agreement is not a Business Day, then the person must do it on or by the next Business Day.
44. Inconsistency
These Terms and Conditions and any Hire Contract will be read and interpreted as a single agreement but if there is any conflict or inconsistency between these Terms and Conditions and/or any Hire Contract, the various parts of this Agreement will be interpreted and applied in the following order the relevant Hire Contract and then these Terms and Conditions.