HospoRent — Rental Terms and Conditions

1. Contract
   1. These Terms include all statutory rights conferred on you which we are not capable of excluding, restricting or modifying, including the Non-Excludable Rights.
   2. Subject to clause 1(a), these Terms take precedence over all other conditions of hire, and apply to the exclusion of all other documents, prior discussions, representations, understandings or arrangements (written or oral, express or implied), whether or not endorsed or delivered with any order or other documents you deliver to us.
   3. If there is any inconsistency between the documents forming the Contract, the order of precedence is: (i) these Terms; (ii) the Booking; and (iii) any Credit Application.
   4. We may alter these Terms from time to time by publishing an updated version on the Website. It is your responsibility to check the current Terms before placing a Booking.
   5. By accessing the Website, you agree to be bound by clause 19 of these Terms. By placing a Booking, or signing and returning a copy of these Terms, you agree to be bound by the Terms in their entirety, as amended from time to time.
2. Bookings
   1. You may book Equipment from us via the Website, or using any other method nominated by us in writing.
   2. Your Booking constitutes an offer to hire the Equipment from us on and subject to these Terms, which if accepted by us, becomes a 'Booking' for the purposes of these Terms and forms part of the Contract.
   3. We have sole discretion to accept or reject a Booking. We will notify you of acceptance or rejection in writing. In relation to Bookings placed on the Website:
      1. your Booking is not yet accepted when you receive a confirmation email acknowledging receipt of your Booking — this confirms we have received it, not that we have accepted it; and
      2. your Booking is accepted when you receive written confirmation from us that a delivery date has been scheduled.
   4. If we reject your Booking, we will refund any amounts paid by you in respect of that Booking.
   5. You may cancel your Booking at any time before we accept it by notifying us in writing, in which case we will refund any amounts paid.
3. No reliance or representations

   You acknowledge that, other than in relation to any Non-Excludable Rights:

   1. you have not relied on any advice, recommendation or information given by us regarding the Equipment or its use or application beyond what is expressly stated in writing;
   2. you alone are responsible for determining whether the Equipment is suitable for the purpose for which you intend to use it; and
   3. any description of the Equipment we give is by way of identification only and does not constitute a hire by description.
4. Rental Rates, Minimum Term & Payment
   1. All prices quoted are in Australian dollars and, except as otherwise stated, are inclusive of GST.
   2. HospoRent offers two rental structures: FlexRent (minimum term of 1 week up to 11 months) and ValueRent (minimum term of 12 months or more). The rental rate is tiered by the minimum term you select at Booking — longer minimum terms receive a lower periodic rate than shorter minimum terms.
   3. By confirming a Booking, you commit to paying for the full minimum term you selected, at the rate applicable to that term, regardless of whether you continue to use the Equipment for the full term (see clause 6 — Early Termination).
   4. You must pay the rental price:
      1. where a Credit Application or other agreed credit arrangement applies, by the due date and method set out in that arrangement or the relevant invoice; and
      2. in all other cases, at the time the Booking is confirmed, and periodically thereafter for the duration of the rental term as invoiced.
   5. If you default on any payment and fail to remedy the default within 30 days of written notice, or breach any material term of the Contract, without limiting our other rights we may suspend delivery of further Equipment, recover the Equipment, and all amounts owing under the Contract become immediately due and payable, attracting interest at 2% per annum above the Commonwealth Bank of Australia's published business overdraft reference rate, calculated daily and capitalised monthly.
   6. If we take steps to recover any amount you owe us, you are responsible for our reasonable costs of recovery.
5. Delivery & Collection
   1. Delivery and collection of Equipment for Metro Melbourne addresses is provided at a flat rate of $189, covering both the initial delivery and the end-of-term collection. This applies regardless of rental term length.
   2. Delivery outside Metro Melbourne is assessed on a case-by-case basis and may attract an additional fee.
   3. You must ensure safe and adequate access to the delivery site (including doorways, stairs, and lifts) and must inform us in advance of any access restrictions. Where delivery cannot be completed due to your failure to provide safe access or comply with this clause, you will be required to pay the cost of re-delivery.
   4. A condition report will be completed with you (or your representative) at both delivery and collection. You should review this report before our delivery personnel leave.
   5. Collection is scheduled at the natural end of your rental term, or in connection with an early termination under clause 6. If Equipment is not made available for collection at the agreed time, [PLACEHOLDER — confirm late-return fee: e.g. rental continues to accrue at the applicable periodic rate until Equipment is made available for collection].
6. Cancellation & Early Termination
   1. Equipment not matching description: If the Equipment delivered does not match its description on the Website (wrong model, wrong specification, or materially different from the listing), you may return it at no charge, and we will arrange a replacement or full refund of amounts paid, provided you notify us within 24 hours of delivery.
   2. Wrong Equipment selected or voluntary early termination: Other than under clause 6(a), you may not terminate a Booking before the end of your selected minimum term without our consent. If you wish to end your rental early — whether because you selected the wrong Equipment or for any other reason — you must pay the balance owing to complete your selected minimum term, calculated as the difference between (i) the total rental fee for your selected minimum term at the confirmed rate, and (ii) amounts already paid under that Booking.
   3. Example: if you select a 3-month minimum term and terminate after 6 weeks, you must pay the remaining balance required to bring total payments up to the full 3-month term amount.
   4. Subject to any Non-Excludable Rights, we do not provide a refund, exchange or credit for a change of mind once a Booking has been accepted, other than the wrong-Equipment pathway in clause 6(b) (which requires payment of the term balance, not a refund).
   5. We may terminate a Booking or the Contract where it is reasonably necessary to do so in response to unanticipated supply disruptions, in which case we will refund amounts paid for Equipment not delivered.
7. Care and Use of Equipment
   1. You must use the Equipment only for its intended commercial kitchen purpose, and in accordance with all manufacturer instructions and any care/maintenance information provided to you at or after delivery.
   2. You must not modify, dismantle, relocate outside the agreed site, or attempt repairs on the Equipment. If the Equipment develops a fault, you must notify us immediately via our Help Centre — do not continue to use faulty Equipment.
   3. You are responsible for the Equipment from the time of delivery until it is collected by us, including for its safe storage, security, and proper use.
8. Damage, Loss and Liability for Equipment

   [PLACEHOLDER — this clause requires input before publishing: does HospoRent require Hirers to hold their own insurance over the Equipment, or does HospoRent offer/require a damage waiver fee? What is the Hirer's liability cap for damage beyond fair wear and tear, and for total loss/theft?]

   1. Subject to the above, you are liable to us for the cost of repair of any damage to the Equipment beyond fair wear and tear arising during the rental period, and for the full replacement value of the Equipment if it is lost, stolen, or damaged beyond economic repair while in your care.
   2. A condition report completed at delivery (clause 5(d)) will be the baseline against which damage is assessed at collection.
9. Defects (Equipment Faults)
   1. You must, within 24 hours of delivery, check the Equipment delivered against your Booking and inspect it for any obvious defects or transit damage (Obvious Defects). Subject to any Non-Excludable Rights, we are not responsible for making good an Obvious Defect unless you notify us within 24 hours of delivery via our Help Centre or email to support@hosporent.com.au.
   2. For defects that are not Obvious Defects, you must notify us within a reasonable period after the defect becomes apparent.
   3. Where we reasonably determine that Equipment is Defective (through no fault of yours under clause 7), we will, at our option, repair or replace the Equipment at no charge, or provide a rental credit for the period the Equipment was unusable.
   4. Equipment will not be considered Defective where the fault was caused by your failure to comply with clause 7, or is trivial or insubstantial.
10. Title and Risk
    1. Ownership of the Equipment remains with us (or our financier/supplier, as applicable) at all times. Nothing in this Contract transfers ownership of the Equipment to you.
    2. You hold the Equipment as our bailee for the duration of the rental term. You must not sell, sub-hire, charge, or otherwise deal with the Equipment, or represent to any third party that you have any ownership interest in it.
    3. Risk in the Equipment (including risk of loss or damage) passes to you on delivery and remains with you until the Equipment is collected by us, except to the extent any loss or damage is caused by our negligence.
    4. We may register our interest in the Equipment under the PPSA (see clause 14) to protect our ownership during the rental term.
11. GST

    Words used in this clause that are defined in the GST Law have the same meaning here. Unless otherwise stated, amounts specified as consideration under this Contract include GST. Each party agrees to provide valid tax invoices and other documentation reasonably necessary to enable the other to claim any input tax credit in connection with a supply under this Contract.

12. Liability and Indemnity
    1. Nothing in this Contract excludes any Non-Excludable Rights.
    2. Subject to clause 12(a), and to the extent permitted by law:
       1. each party excludes all liability to the other for any Consequential Loss;
       2. all implied conditions, terms and warranties, whether statutory or otherwise, are excluded in relation to the Equipment and Services, except as set out in this Contract; and
       3. our liability for any Loss, including for breach of a Non-Excludable Right, is limited (to the extent the law permits limitation) to the resupply of the Equipment or Services, or the cost of doing so, or a refund of rental fees paid — at our election.
    3. Each party must indemnify the other for Loss arising from the indemnifying party's breach of this Contract or negligent act or omission, except to the extent caused by the indemnified party. This indemnity survives termination of the Contract.
13. Force Majeure

    We are not liable for any failure or delay in performing our obligations under this Contract due to a Force Majeure event. We may suspend performance while the Force Majeure continues, or terminate the affected Booking or Contract by written notice, without liability.

14. PPSA
    1. Words used in this clause that are defined in the PPSA have the same meaning here.
    2. You acknowledge that this Contract creates, or may create, a security interest in our favour over the Equipment for the purposes of the PPSA, to protect our ownership interest during the rental term. You must do anything we reasonably require (including signing documents and providing information) to enable us to register and perfect that security interest.
    3. To the extent Chapter 4 of the PPSA would otherwise apply to our enforcement of this security interest, you agree that sections 95, 121(4), 125, 130, 132(3)(d), 132(4), 142 and 143 of the PPSA do not apply, to the extent they can be contracted out of.
    4. We do not need to give you notice under the PPSA unless the notice requirement cannot be excluded by agreement.
15. Confidentiality

    Each party must keep confidential, and not disclose, the other party's Confidential Information, except as permitted under this Contract, with prior written consent, or as compelled by law. Confidential Information may only be used for the purpose for which it was disclosed and in connection with this Contract.

16. Intellectual Property Rights

    We remain the owner or licensee of our Background Intellectual Property Rights and grant you a non-exclusive, non-transferable, royalty-free licence to use them only to the extent necessary to use and have the full benefit of the Equipment you hire from us. You must not use our Intellectual Property Rights in any advertising or publicity without our prior written consent.

17. Privacy
    1. Each party warrants it will comply with all applicable Privacy Laws and our Privacy Policy in relation to any Personal Information exchanged under the Contract.
    2. Where a Credit Application applies, you consent to us obtaining a credit report from a credit-reporting agency, and to us exchanging information with named credit providers, to assess your application, notify default, and assess creditworthiness.
    3. You agree that your Personal Information may be used and retained by us for the provision of Equipment and rental Services, sending promotional materials (unless you opt out), verifying credit and payment status, and administering your account.
18. Disputes

    Except for urgent interlocutory relief, before court or arbitration proceedings are commenced, the parties must give written notice of a dispute and meet to attempt resolution. If unresolved within 30 days, the dispute is referred to the Victorian Bar's Expedited Mediation Scheme. If unresolved by mediation, either party may commence court or arbitration proceedings.

19. Using the Website
    1. Registered users — information you provide when registering an account is collected, used and stored in accordance with our Privacy Policy. You are solely responsible for activity on your account and must keep your password secure. We may terminate or restrict your account access at our reasonable discretion.
    2. Links and Third Party Content — the Website may link to or display third party content or websites, which are not under our control. We do not endorse or warrant such content, and you use or rely on it at your own risk.
    3. Privacy and Personal Information — we do not collect Personal Information if you only browse the Website. Our server may record standard access details (IP address, browser type, date/time of access).
20. Vouchers, Discount Codes & Coupons
    1. Voucher, discount code, coupon, promo code, offer code, and gift code are used interchangeably in these Terms and apply equally to codes provided via email, product pages, or marketing campaigns.
    2. Vouchers can only be redeemed through the Website's online checkout — our support and sales staff cannot apply vouchers manually.
    3. Vouchers cannot be applied retrospectively to completed Bookings.
    4. A minimum spend may be required for redemption, as stated at time of issuance.
    5. Vouchers may not be combined with other offers unless explicitly stated.
    6. If a Booking made using a voucher is refunded, the refund applies only to the amount actually paid — the voucher itself is not reissued.
    7. We reserve the right to modify, cancel or restrict voucher use at any time without prior notice.
21. General
    1. A reference to legislation includes any amendment, consolidation or replacement of it.
    2. Words like 'include', 'including', 'for example' do not limit what else is included.
    3. Neither party may assign its rights under this Contract without the other's prior written consent (not to be unreasonably withheld).
    4. A variation is only effective if in writing and signed by both parties. A waiver must be in writing and signed by the party giving it.
    5. If any provision is invalid or unenforceable, it will be read down or severed to the extent necessary, without affecting the remaining provisions.
    6. This Contract is governed by the laws of Victoria, and the parties submit to the non-exclusive jurisdiction of its courts.
    7. If the Hirer comprises more than one person, the Contract binds each jointly and severally, and we need only give notices to one of them.
    8. The parties are independent contracting parties; nothing in this Contract creates an agency relationship.
    9. Clauses 5, 8, 10, 12, 13, 14, 15, 16, 17, 18 and 21 survive termination of the Contract.
22. Definitions

    In these Terms:

    Background Intellectual Property Rights means all Intellectual Property Rights owned or used by a party prior to, or otherwise independent from, this Contract.

    Booking means any rental booking placed by you and accepted by us under clause 2.

    Confidential Information means the terms of this Contract and all confidential business, technical or commercial information exchanged between the parties, excluding information that is public, independently developed, or rightfully received from a third party without breach of confidence.

    Consequential Loss means indirect or consequential loss, including loss of revenue, income, business, profits, goodwill, reputation, use, or opportunity.

    Contract means the contract for the hire of Equipment comprising these Terms, any Booking we accept, and any Credit Application.

    Credit Application means a credit application submitted by you in a form we approve.

    Defect or Defective means Equipment that is defective in design, workmanship, or otherwise not in conformity with this Contract, including Obvious Defects.

    Equipment means the commercial kitchen equipment we agree to hire to you under the Contract, including any Services provided in connection with it.

    Force Majeure means an act of God, war, industrial action, epidemic or pandemic, governmental restraint, shortage of materials or transport, and any other event outside our reasonable control.

    GST means any goods and services tax and any replacement or similar tax.

    Loss means losses, liabilities, damages, costs, charges or expenses (including reasonable legal costs), whether direct or indirect, fines and penalties.

    Non-Excludable Rights means any applicable law that cannot be excluded, restricted or modified by agreement, including rights under the Australian Consumer Law.

    Obvious Defects has the meaning given in clause 9(a).

    Personal Information has the meaning given in the Privacy Act 1988 (Cth).

    PPSA means the Personal Property Securities Act 2009 (Cth).

    Privacy Laws means the Privacy Act 1988 (Cth), the Australian Privacy Principles, and any other laws relating to data protection or handling of personal information.

    Privacy Policy means our Privacy Policy located at https://hosporent.com.au/pages/privacy-policy.

    Services means any services provided in connection with the delivery, installation or collection of Equipment.

    Website means our website located at https://hosporent.com.au/.