TERMS & CONDITIONS
1.1 “XPLCIT Assistance” (“we”, “our”, “us” or “XPLCIT”) means XPLCIT Pty Ltd (ABN 622 488 555), or any person acting on behalf of and with the authority of XPLCIT Pty Ltd.
1.2 “Studio” means the physical address XPLCIT Assistance showroom is located as detailed on its website.
1.3 “Services” means the XPLCIT Assistance website located at xplcitassistance.com (the “website”) and related services including XPLCIT - Hire rental services and its content (the “Content”).
1.4 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
1.5 “Product” (“Products”, “Product/s”) means all Products supplied by XPLCIT for hire to the User. The Product shall be as described on any invoices and other documentation provided by XPLCIT to the User.
1.6 “Rental Period” means the period that the User booked the Product/s for - starting from the day the Product is picked up or delivered by from the XPLCIT Studio, to the day the Product is supposed to be returned by to XPLCIT by the User.
1.7 “Rental Price” (“price”) means the cost of the hire of the Product as agreed between XPLCIT and the User subject to clause 4 of this contract.
1.8 “Rental Return Due Date” (“due date”, “return date”) means the date the Product is expected to be back at XPLCIT’s Studio.
2. The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
2.2 Where the User hires Products as a consumer, these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
3.1 Any instructions received by XPLCIT from the User for the hire of Products and/or the User’s acceptance of Products supplied on hire by XPLCIT shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one User has entered into this agreement, the Users shall be jointly liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the User, the terms and conditions are irrevocable and can only be amended with the written consent of XPLCIT.
3.4 The User shall give XPLCIT not less than three (3) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address and/or phone number). The User shall be liable for any loss incurred by XPLCIT as a result of the User’s failure to comply with this clause.
3.5 Products supplied by XPLCIT are based only on the terms and conditions of the hire herein and not to, or any other terms and conditions for Services even if such terms purport to contradict or override these terms and conditions of hire.
4. Price and Payment
4.1 The Price shall be XPLCIT's current Price set at the date that the User’s order is created and agreement for payment commenced, according to XPLCIT’s current Prices as detailed on the XPLCIT website.
4.2 XPLCIT reserves the right to change the Price in the event of a variation to the User’s requirements or Product availability.
4.3 A bond is required at time of checkout unless agreed to in writing by XPLCIT, which shall be refunded upon return of the Product in a condition acceptable to XPLCIT.
4.4 Payment is required in full before Product is despatched or picked up unless otherwise agreed to in writing by XPLCIT.
4.5 GST and other taxes that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.6 All Prices on our website are denominated in Australian Dollars.
5. Rental Period and Late Fees
5.1 Rental period shall commence from when the User (or a third party nominated by the User) signs the pick-up receipt and shall continue until the Product is dropped off to the XPLCIT Studio or any other place agreed to in writing by XPLCIT, prior to Products being picked up. For Products being delivered, the Rental Period shall commence and finish as set out and agreed to by XPLCIT in the order created by the User. XPLCIT allows 1-3 days for delivery to and from the Studio and any time outside of this may be subject to addition fees as set out in these terms and conditions.
5.2 In the event that the Product has not been returned to XPLCIT by the Rental Return Due Date, then XPLCIT shall be entitled to charge additional hire fees until the Products are returned and signed for by XPLCIT and the User expressly authorises XPLCIT to deduct additional hire fees plus a 20% late fee from the User’s credit card which was provided at the time of placement of the User’s order.
5.3 The 20% late fee is calculated on any additional hire fees charged for late return of Product.
5.4 If the User pays XPLCIT an amount equal to 200% of the retail price as stated on XPLCIT’s website in late fees and the User still has the Product in their possession, the Product is the User’s to keep.
5.5 If the User has not returned the rental Product/s within 10 days after the return date, XPLCIT will consider the rental Product as non-returned and will charge the User’s credit card 200% of the retail price on XPLCIT’s website minus the rental and late fees that the User has already paid.
6. Delivery of the Product
6.1 Delivery is only available for a limited number of Products and to limited areas as determined by XPLCIT. For details on availability contact XPLCIT by phone or email before placing order.
6.2 At XPLCIT’s sole discretion delivery of the Product shall be deemed to have taken place when the Product is delivered to the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt.
6.3 The fastest shipping method is automatically applied at checkout to ensure your order is delivered by the start of the rental period. Our shipping fees range and can change from time to time and the User will be informed at the time of checkout. This fee includes the delivery to you, and the return back to us. The delivery fee applies to all deliveries unless stated otherwise in writing by XPLCIT.
6.4 XPLCIT’s standard delivery method is by Australia Post (see Australia Post's Terms and Conditions). Express Delivery is a guaranteed next business day delivery within the Express Post network only. If the User’s location is outside of the Express Post network, it will take more than one business day and XPLCIT has no control over this.
6.3 The User shall make all arrangements necessary to take delivery of the Product whenever tendered for delivery. In the event that the User is unable to take delivery of the Product at the nominated delivery address and for any reason XPLCIT is required to redeliver the Product then XPLCIT shall be entitled to charge a reasonable fee for the redelivery. In the event of the Product being redelivered reduces the time the User has the Product in their possession to less than the agreed rental period, the Product must still be returned by the original Return Date without exception, unless an extension has been granted in writing by XPLCIT in which extra fees may apply.
6.4 Any delivery time or date given by XPLCIT to the User is an estimate only. The User must still accept delivery of the Product even if late and XPLCIT will not be liable for any loss or damage incurred by the User as a result of the delivery being late. In the case of a late delivery an extension may be granted at the sole discretion of XPLCIT.
7.1 XPLCIT retains property of the Products, nonetheless all risk for the Products passes to the User on once dispatched or picked up.
7.2 The User accepts full responsibility for the safekeeping of the Product.
7.3 XPLCIT does not offer insurance on Products for hire. If XPLCIT assesses (at its sole discretion) that damage and/or staining has occurred, then the User will be required to pay for the cost of repairs minus the bond amount already paid at time of checkout if payment has been cleared by the banking institution used.
7.4 If the Product gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the User, then the User will be liable to pay for replacement of the item. In assessing the replaceable value, XPLCIT will take into account, the demand and availability of that product in the market and the rental fee that the User has already made.
7.5 To prevent the potential use of fraudulent credit cards (or other payment types), XPLCIT withholds the right to request proof of identity at it’s discretion. Orders containing two or more Products or orders deemed to be high value may be subject to this request. Where fraudulent activity is suspected, if XPLCIT cannot confirm the order is valid, the order may be cancelled and the customer will be notified by email.
8. Title To Hired Product
8.1 The Products are and will at all times remain the absolute property of XPLCIT.
8.2 If the User fails to return the Product to XPLCIT, then XPLCIT or XPLCIT’s agent may (as the invitee of the User) enter upon and into land and premises owned, occupied or used by the User, or any premises where the Product is situated and take possession of the Product.
9.1 The User shall inspect the Product upon delivery and shall within two (2) hours of receipt of the Product notify XPLCIT (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered. For Products being picked up from the XPLCIT Studio, no responsibility will be accepted for the above mentioned once the pickup slip has been signed.
10. Sizing Issues/Returns
10.1 If the User wishes to cancel an order, then they must contact XPLCIT as soon as is possible. If the Product hasn’t left XPLCIT’s Studio yet, there will not be any cancellation fees. However, if the Product has been dispatched, or if the User fails to pickup an order with notifying XPLCIT, a cancellation fee of twenty-five dollars ($25.00) per item will apply. XPLCIT will issue a full refund less the cancellation fee upon return of the Product to XPLCIT.
10.2 Any Product which is to be returned because of incorrect sizing or because the User has changed their mind, the User must notify XPLCIT immediately, (by phone or email), and must be sent back to XPLCIT within six (6) hours of signing for the delivery, and XPLCIT will send out the User a new size. If for some reason XPLCIT doesn’t have an alternative size or is unavailable, XPLCIT will issue the User a full refund of the rental cost, minus the shipping cost.
10.3 Once XPLCIT has received the Product, as well as the User’s return request, XPLCIT will email the User a refund request confirmation within three (3) working days. Whilst XPLCIT will make every effort to process a refund as quickly as is possible, the refund process can take approximately ten to twenty (10-20) working days dependant on the processing time taken by the User’s credit card provider and the User acknowledges that XPLCIT has no control over such Credit card issuers processes.
11. User's Responsibilities
11.1 The User shall:
(a) immediately notify XPLCIT of any damage to the Product that occurs during the hire period;
(b) on termination of the hire, deliver or drop off the Product, in good condition as despatched, to the XPLCIT Studio;
(c) keep the Product in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Product;
(d) not alter or make any additions to the Product or in any other manner interfere with the Product.
12.1 XPLCIT may cancel these terms and conditions or cancel the delivery of Product at any time before the Product is delivered or picked up by giving written notice. On giving such notice XPLCIT shall repay to the User any sums paid in respect of the Price. XPLCIT shall not be liable for any loss or damage howsoever arising from such cancellation.
13. Default and Consequences of Default
13.1 If the User owes XPLCIT any money the User shall indemnify XPLCIT from and against all costs and disbursements incurred by XPLCIT in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, XPLCIT’s collection agency costs, and bank dishonour fees).
13.2 Without prejudice to any other remedies XPLCIT may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms of hire XPLCIT may repossess the Product as per clause 8.2, or suspend or terminate the supply of Products to the User and any of its other obligations under the terms and conditions. XPLCIT will not be liable to the User for any loss or damage the User suffers because XPLCIT has exercised its rights under this clause.
13.3 Without prejudice to XPLCIT’s other remedies at law, XPLCIT shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies XPLCIT may have and all amounts owing to XPLCIT shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to XPLCIT becomes overdue, or in XPLCIT’s opinion the User will be unable to meet its payments as they fall due.
14. Security and Charge
14.1 In consideration of XPLCIT agreeing to supply Products, the User 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 User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).