Terms & Conditions

1. Website Terms and Conditions

In these terms and conditions, “we” “us” and “our” refers to Lencrow Group Pty Ltd. Your access to and use of all content on this website is provided subject to the following terms and conditions. The information is intended for residents of Australia only.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Our Website Services

1. We reserve the right to prevent you using this website at any time if you breach these terms and conditions.
2. Our information is intended to be used by registered users within Australia only.

Site Access

3. When you visit our website, we give you a limited licence to access and use our information for personal use.
4. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
5. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
6. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.

Hyperlinks

7. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
8. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

9. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
10. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
11. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
12. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

13. The information we provide on this website is of a general nature only. We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.
14. We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it.

We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

2. LiveChat Terms and Conditions

We want you to enjoy your service experience and look forward to developing our services to you. Our online customer care team are available between 8:00 am until 4:00 pm (EST) Monday to Friday (excl. NSW Public Holidays). The online crew are team members will be speaking to you from a Lencrow branch location. In some instances that member may not be the right person to answer your query but they will know who is. We might request your contact information to give to a Lencrow representative who is able to assist you. Operating and owning machinery is something we take very seriously and we want to ensure we provide accurate and thorough information. We are a safe workplace and we extend this same courtesy to you and your workplace. Technical information is assessed and evaluated by an experienced technician. Onsite assessments may be required in some instances and if we recommend this to you we are happy to arrange a consult with one of our experienced team members dedicated to the nature of your service enquiry. We welcome after hours enquiries but please be advised this is not instant. Your details and question will generate an email that we will reply to the following morning or next business day. If you wish to speak with our office you can do so by contacting 1300 536 276. If you would like to let us know about your experience or if you are having technical issues you are welcome to write to [email protected]. We hope you enjoy this service and we hope to keep in touch.

3. Terms & Conditions of Hire Agreement

Set out below are the terms and conditions under which the Lencrow Forklifts Pty Ltd offers to hire equipment to the Hirer.

Acceptance of these terms and conditions gives rise to an agreement between the Company and the Hirer on these terms and conditions.

1. Definitions

   Annexure means the annexure to this Hire Agreement

   Commencement Date means the date so specified in the Schedule

   Company the entity that offers the Equipment for hire as set out in the Schedule means;

   Equipment means the equipment to be hired to the Hirer by the Company as described in the Annexure

   Expiry Date means the expiry date of the hire so specified in the Schedule;

   Hire Agreement means the agreement between the Company and the Hirer governing the hire of the Equipment

   Hire Charges means the charges payable by the Hirer to the Company under these Terms

   Hirer means the party so described in the Schedule

   Terms means these terms and conditions of hire.

2. This Hire Agreement shall begin on the Commencement Date and shall terminate on the earlier of

   (a) The Expiry Date, or

   (b) The date upon which the Hirer

   - Commits any breach of this Hire Agreement;

   - Commits or suffers any act of bankruptcy;

   - (Being a company) goes into liquidation or has a receiver appointed over any part of its undertaking;

   - Has execution or distress levied against him or his goods.

3. The Hirer agrees to pay the Company

   (a) The Hire Charges in the amounts and at the times and places specified in the Annexure;

   (b) All stamp duty and other duties and taxes that may now or hereinafter be incurred in respect of this Hire Agreement; and

   (c) All transportation charges reasonable incurred in making the Equipment available to the Hirer at the delivery point.

   Public holidays will be charged for Equipment and or drivers on monthly or weekly rates, whilst casual hire Equipment will not be charged for.

4. The Hire Charges are subject to rise and fall. The Hire Charges will be calculated at rates fixed for the first calendar year of the hire. Then the rate will be revised in line with CPI on the maintenance content of the hire. The maintenance content will be deemed to be 32% of the total Hire Charges with revised rates effective from the anniversary of the Commencement Date for each item of Equipment.
5. The Hirer agrees:

   (a) To insure the Equipment against fire, accident and theft for its insurable value in the name of the Company and the Hirer as to their respective interests;

   (b) To keep the Equipment in good repair and to carry out all maintenance checks and to make good any damage to Equipment or any part thereof except to the extent that such damage or maintenance is due to fair wear and tear;

   (c) To repair punctures and to replace worn tyres except to the extent that the wear is caused by fair wear and tear limited to terms as specified in the Hire Agreement;

   (d) To charge and top up with distilled water all batteries being part of the Equipment and to keep a daily log thereof;

   (e) To use in connection with the Equipment only the best procurable fuels and lubricants of a type in accordance with the directions specified by Company;

   (f) Not to re-locate the Equipment from the Premises without the permission of the Company;

   (g) Not to do or omit to do any act or thing likely to endanger the safety or condition of the Equipment;

   (h) To comply with all relevant Acts, Regulations and by-laws relating to the Equipment and its use;

   (i) To allow the authorised representative of the Company to enter upon any premises on which the Equipment is located for the purpose of inspecting and testing the Equipment;

   (j) To make the Equipment available for service and repair during normal working hours or to pay an additional charge if the Company is required to service or repair the Equipment outside of normal working hours.

   It is the Hirer’s responsibility to contact the Company at its depot when the hire is completed to obtain a termination number, otherwise Hirer will remain liable for Hire Charges. Hirer must maintain a log book recording the days and hours during which the Equipment is used and to make such log book available for inspection and copying by Company and or its representatives.

6. The Hirer acknowledges that it has no property or interest in the Equipment or any part thereof and is a bailee only, with a right to use the Equipment strictly in accordance with these Terms. Accordingly the Hirer agrees that it:

   (a) Will make no additions or alterations to the Equipment without written consent of Company. Any additions made to the Equipment whether by replacement, substitution or otherwise shall form part of the Equipment and shall be subject to this Hire Agreement;

   (b) Will not remove, obscure or deface any identifying mark, label or device on the Equipment or any part thereof;

   (c) Will not purport or attempt to sell, dispose of, charge or encumber the Equipment or to assign its rights under this Hire Agreement.

7. Personal Property Securities Act 2009 ("PPSA")
   1. Defined terms in this clause have the same meaning as given to them in the PPSA, unless otherwise defined in these Terms.
   2. The Hirer acknowledges that the supply of Goods under these Terms by the Company creates a Purchase Money Security Interest (PMSI) granted by the Hirer in favour of the Company over the Equipment supplied or to be supplied on hire to the Hirer.
   3. The Hirer acknowledges and agrees that the Equipment supplied or to be supplied under this Agreement falls within the PPSA collateral classes of either "Other Goods" or "Motor Vehicles".
   4. The Hirer acknowledges that the Company, as Secured Party, is entitled to register a Financing Statement on the Personal Property Securities Register (PPSR) in respect of each Security Interest granted by the Hirer in favour of the Company over the Goods.
   5. To the extent permissible at law, the Hirer:
      1. (a) Waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Hirer, as Grantor, to the Company.
      2. (b) Agrees to indemnify the Company on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the:
         1. Registration or amendment of any Financing Statement or Financing Change Statement registered by or on behalf of the Company on the PPSR; and
         2. Enforcement or attempted enforcement of any Security Interest granted to the Company by the Hirer.
   6. If Chapter 4 of the PPSA applies to the enforcement of a Security Interest arising under these Terms, the Hirer, to the extent permissible at law, waives any rights under the PPSA that the Hirer may otherwise have to:
      1. Receive a notice of removal of an Accession under section 95;
      2. Receive a notice of an intention to seize Collateral under section 123;
      3. Object to the purchase of the Collateral by the Company under section 129;
      4. Receive notice of disposal of Collateral under section 130;
      5. Receive a Statement of Account if there is no disposal under section 130(4);
      6. Receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties;
      7. Receive a notice of retention of Collateral under section 135;
      8. Redeem the Collateral under section 142; and
      9. Reinstate the Security Agreement under section 143.
   7. The Hirer must immediately, if requested by the Company, sign any documents, provide all necessary information and do anything else required by the Company to ensure that each Security Interest granted by the Hirer in favour of the Company is a Perfected Security Interest.
8. To the extent permitted by law:

   (a) The Company excludes all express and implied warranties in respect of the Equipment that would otherwise be implied by the law into the Hire Agreement;

   (b) The Company excludes all liability for any damage, whether direct, indirect, special or consequential, arising in any way out of the use of or relation to the Equipment;

   (c) The Company’s liability for any breach of any warranty or any term implied by the law into the Hire Agreement is limited, in the case of any goods not of a kind ordinarily acquired for personal, domestic or household use, to any one or more of the following at the Company’s option:

   1. The replacement of the Equipment or the supply of equivalent Equipment;
   2. The repair of the Equipment;
   3. The payment of the cost of replacing the Equipment or acquiring equivalent Equipment;
   4. The payment of the cost of having the Equipment repaired..

   The Hirer agrees to indemnity and hold Company harmless from all claims, costs and damages that Company may suffer in respect of injury to person or property arising out of the Hirer’s use and custody of the Equipment.

9. (a) Upon termination of the Hire Agreement pursuant to clause 2(b) the Hirer shall:

   - Promptly return the Equipment to Company at its principal place of business;

   - Pay Company all Hire Charges that would otherwise have been payable from the Commencement Date to the Expiry Date,

   Hire Charges shall commence on the Commencement Date at the time the Equipment is dispatched from the depot of the Company for delivery to the Hirer, and shall continue until the Equipment is returned to the depot;

   (b) If the Hirer does not promptly return the Equipment, Company shall have the right to enter into any premises on which it reasonably suspects the Equipment to be and to retake possession of the Equipment;

   (c) If Company does not retake possession of the Equipment the Hirer shall immediately upon demand by Company, pay to Company the current market value of the Equipment;

   (d) The Hirer shall be responsible for the safe keeping of the Equipment until it has been returned to Company’s depot or released to Company’s agent, whichever is the earlier;

   (e) In the case of Equipment being damaged by Hirer, Hire Charges shall continue until the repairs have been completed.

10. In addition to the amounts previous referred to Company shall be entitled to charge and the Hirer shall pay,

    (a) All costs and expenses of or associated with retaking possession of the Equipment

    (b) Interest at the rate of fourteen per centum (14%) per annum on any monies owing under this Hire Agreement that may be overdue.

11. The Hirer acknowledges that;

    (a) It was aware of the performance specifications of the Equipment prior to entering into the Hire Agreement;

    (b) It has not relied on any representations of the Company, its employees or agents in choosing the Equipment or determining whether the Equipment is fit for its purpose;

    (c) It inspected the Equipment prior to entering into the Hire Agreement and accepted the Equipment in its then current condition.

12. ASSIGNMENT

    (a) The Hirer may not assign or attempt to assign this Hire Agreement or any right under this Hire Agreement without the prior written consent of the Company.

    (b) The Company may in its absolute discretion assign the right, title and interest of the Company in and to this Hire Agreement without the consent of the Hirer.

13. ENTIRE AGREEMENT

    This Hire Agreement including the Schedule and the Annexure:

    (a) Constitutes the entire agreement of the parties as to its subject matter and supersedes all prior representations and agreements in connection with that subject matter; and

    (b) May only be altered in writing signed by all parties.

14. ENTIRE AGREEMENT

    This Hire Agreement including the Schedule and the Annexure:

    (a) Constitutes the entire agreement of the parties as to its subject matter and supersedes all prior representations and agreements in connection with that subject matter; and

    (b) May only be altered in writing signed by all parties.

15. Notices may be served by prepaid ordinary post to the parties at the respective address appearing in this Hire Agreement.
16. The certificates of the Secretary of Company shall be conclusive (absent manifest error) of any amounts due owing or recoverable under this Hire Agreement;
17. The laws of New South Wales shall govern this Hire Agreement.

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4. Trading Terms and Conditions of Quotation and Sale

1. Interpretation

   In these Terms and Conditions unless the contrary intention appears:

   "Lencrow"means Lencrow Forklifts Pty. Limited ABN 57 003 716 274.

   "Additional Charges"includes all delivery, handling and storage charges, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Lencrow arising out of the sale of the Goods.

   "Customer"means the person or entity to or for whom the Goods are to be supplied by Lencrow.

   "Goods"means the goods sold to the Customer by Lencrow.

   "Purchase Price"means the Quotation provided by Lencrow or such other price as may be agreed by Lencrow and the Customer prior to delivery of the Goods, such price to be inclusive of GST.

   "Quotation"means the GST inclusive price(s) quoted based upon the costs and conditions at the time of quoting and which is valid only for the period specified in that quotation after which it is subject to change without notice.

2. Order for Goods
   1. An order given to Lencrow is binding on Lencrow and the Customer, if:

      (a) A written acceptance is signed for or on behalf of Lencrow; or

      (b) The Goods are supplied by Lencrow in accordance with the order.

   2. An acceptance of the order by Lencrow is then to be an acceptance of these Terms and Conditions by Lencrow and the Customer and these Terms and Conditions will override any conditions contained in the Customer’s order. Lencrow reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on Lencrow until accepted by it.
   3. An order which has been accepted in whole or in part by Lencrow cannot be cancelled by the Customer without obtaining the prior written approval of Lencrow, which it may refuse in its absolute discretion.
   4. Order cancellation fees may be charged at the discretion of Lencrow.
3. Limitation of Liability
   1. The liability of Lencrow in respect of a breach of a consumer guarantee or any warranty made under these Terms and Conditions for any Goods not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permitted by law and at the option of Lencrow to:

      (a) Replacing the Goods or the supply of equivalent Goods;

      (b) The repair of the Goods;

      (c) The payment of the cost of replacing the Goods or of acquiring equivalent Goods; or

      d) The payment of the cost of having the Goods repaired.

   2. To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and Lencrow is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:

      (a) Any increased costs or expenses;

      (b) Any loss of profit, revenue, business, contracts or anticipated savings;

      (c) Any loss or expense resulting from a claim by a third party; or

      (d) Any special, indirect or consequential loss or damage of any nature whatsoever caused by Lencrow’s failure to complete or delay in completing the order to deliver the Goods.

   3. Any claims to be made against Lencrow for short delivery of Goods must be lodged with Lencrow in writing within 7 days of the delivery date.
4. Delivery
   1. The times quoted for delivery are estimates only and Lencrow accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of Lencrow.
   2. Delivery occurs:

      (a) At the premises of Lencrow if the Goods are to be collected by the Customer or the Customer has made its own arrangements for a carrier or agent organised by the Customer to collect the Goods; or

      (b) At the address nominated at the time of the order if Lencrow agreed to deliver the Goods at the time of the order and at the Customer’s costs.

   3. Risk in the Goods passes on delivery to the Customer.
   4. All Additional Charges are payable by the Customer in addition to the Purchase Price of the Goods.
   5. Except as required by law, return of Goods will not be accepted by Lencrow except by prior agreement in writing with Lencrow. Any Goods returned may, at the discretion of Lencrow, be subject to a restocking charge of 10% of the Purchase Price of those Goods.
5. Price and Payment
   1. Lencrow will endeavour to supply the Goods in accordance with the Quotation, however prices quoted are subject to currency variations up to the time of delivery.
   2. Except where credit terms have been extended pursuant to clause 5.3, the Customer must pay the Purchase Price in cash prior to delivery.
   3. Where an application for credit has been approved by Lencrow, payment is due within 30 days from the date of the invoice. Interest is charged at the rate of 10% per annum, calculated on a daily basis, from the expiry of that period until the date payment is received by Lencrow.
   4. If the Customer is in default, the Customer agrees to pay Lencrow all costs and disbursements including legal costs on a solicitor and own client basis incurred by Lencrow in collecting or attempting to recover money outstanding.
   5. If the Customer is in default, Lencrow may report such default to credit agencies and the Customer acknowledges this may affect any future credit application.
6. Retention of Title
   1. Ownership, title and property of the Goods remains with Lencrow until payment in full for the Goods and all sums due and owing by the Customer to Lencrow on any account has been made. Until the date of payment:

      (a) Lencrow has the right to re-sell the Goods in the ordinary course of business;

      (b) The Goods are always at the risk of the Customer.

   2. The Customer is deemed to be in default immediately upon the happening of any of the following events:

      (a) If any payment to Lencrow is not made promptly before the due date for payment;

      (b) If the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to Lencrow is dishonoured;

   3. In the event of a default by the Customer or if Lencrow has reasonable grounds to believe that the Goods have been or will be destroyed, damaged, endangered or removed from the "place of delivery" whilst any amount of money is payable to Lencrow, then without prejudice to any other rights which Lencrow may have at law or under this contract:

      (a) Lencrow or its agents may without notice to the Customer enter the Customer’s premises or other premises where the Customer has located the Goods and the Customer agrees to indemnify and keep indemnified Lencrow from any claim whatsoever by any third party person or company in possession arising out of any action required by Lencrow to recover such Goods;

      (b) Lencrow may recover and resell the Goods;

      (c) If the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Lencrow may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Lencrow and the Customer may be ascertained. Lencrow must promptly return to the Customer any goods the property of the Customer and Lencrow is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.

      (d) In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Lencrow. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Lencrow at the time of the receipt of such proceeds. The Customer will pay Lencrow such funds held in trust upon the demand of Lencrow.:

7. Personal Properties Securities Act 2009 ("PPSA")
   1. Defined terms in this clause have the same meaning as given to them in the PPSA, unless otherwise defined in these Terms and Conditions.
   2. The Customer acknowledges that:

      a) These Terms and Conditions constitute a Security Agreement; and

      (b) A supply of Goods by Lencrow to the Customer pursuant to these Terms and Conditions constitutes a grant of a Purchase Money Security Interest ("PMSI") by the Customer in favour of Lencrow over the Goods supplied to the Customer.

   3. The Customer acknowledges and agrees that the Goods supplied or to be supplied under these Terms and Conditions to the Customer fall within the PPSA collateral classes of either"Other Goods" or "Motor Vehicles".
   4. The Customer acknowledges that Lencrow, as Secured Party, is entitled to register a Financing Statement on the Personal Property Securities Register (PPSR) in respect of each Security Interest granted by the Customer in favour of Lencrow over the Goods.
   5. To the extent permissible at law, the Customer:

      (a) Waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to Lencrow.

      (b) Agrees to indemnify Lencrow on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the:(i) Registration or amendment of any Financing Statement or Financing Change Statement registered by or on behalf of Lencrow on the PPSR; and (ii) Enforcement or attempted enforcement of any Security Interest granted to Lencrow by the Customer.

      (c) Waives any rights under the PPSA that the Customer may otherwise have to:i) Receive a notice of removal of an Accession under section 95;(ii) Receive a notice of an intention to seize Collateral under section 123;(iii) Object to the purchase of the Collateral by Lencrow under section 129;(iv) Receive a notice of disposal of Collateral under section 130;(v) Receive a Statement of Account if there is no disposal under section 132(4);(vi) Receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties;(vii) Receive a notice of retention of Collateral under section 135;(viii) Redeem the Collateral under section 142; and(ix) Reinstate the Security Agreement under section 143.

   6. The Customer must immediately, if requested by Lencrow, sign any documents, provide all necessary information and do anything else required by Lencrow to ensure that each Security Interest granted by the Customer in favour of Lencrow is a Perfected Security Interest.
   7. The Customer must not enter into any Security Agreement that permits any other person to have or to register any Security Interest in respect of the Goods or any proceeds from the sale of the Goods until Lencrow has first perfected its Security Interest.
8. General
   1. These Terms and Conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia.
   2. These Terms and Conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
   3. Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
   4. No waiver of any of these Terms and Conditions or failure to exercise a right or remedy by Lencrow will be considered to imply or constitute a further waiver by Lencrow of the same or any other term, condition, right or remedy.