Terms & Conditions

RYNO INDUSTRIES PTY LTD TRADING TERMS AND CONDITIONS (current as at February 2023)

GENERAL CONDITIONS

DEFINITIONS AND CONSTRUCTION
1. The meanings of the terms used in these Conditions are set out below.
  Authorised Representative means a director of Ryno.
  Claim means a claim, demand, remedy, injury, damage, loss, cost, liability, proceeding, right of action or liability incurred by or made or recovered against a person, however arising and whether ascertained or unascertained, or immediate, future or contingent.
  Completion Date means the date specified for completion in the Repair Quotation or if no Repair Quotation is provided, any other date nominated for completion of repairs or maintenance by Ryno.
  Conditions means the terms and conditions of this agreement.
  Consequential Loss means any indirect or consequential loss; loss of use; loss of product or production; delayed, postponed, interrupted or deferred production; inability to produce, deliver or process; loss of profit, revenue or anticipated revenue; liquidated damages, loss of bargain, contract, expectation or opportunity; punitive or exemplary damages; in each case arising from or in connection with the performance of this agreement and whether or not foreseeable at the time of entering into this agreement.
  Customer means the person specified in the Hire Document or the Repair Quotation.
  Equipment means any Motor Vehicle or item of plant and equipment that the Customer delivers to Ryno for Work and includes that Motor Vehicle or item of plant and equipment after Work has been performed.
  Goods means the Goods supplied by Ryno to the Customer pursuant to this agreement including all parts fitted in connection with Work.
  GST has the same meaning as in the GST Act.
  GST Act means the New Tax System (Goods and Services Tax) Act 1999 (Cth).
  Hire Charge means the amount set out under the heading ‘Unit Price’ in the Hire Document.
  Hire Document means the document entitled ‘Quote Details’ or ‘Rental Details’ to which these Conditions are attached.
  Hire Period means the period from the Start Date until the end date of the hire as specified in the Hire Document under the heading ‘Rental To’ or such longer period as is otherwise agreed in writing by the parties.
  Motor Vehicle means a ‘motor vehicle’ within the meaning of that term in the Transport Operations (Road Use Management) Act 1995 (Qld).
  PPS Act means the Personal Property Securities Act 2009 (Cth).
  Related Entity means any ‘related entity’ of Ryno within the meaning of that term as defined in section 9 of the Corporations Act 2001 (Cth).
  Repair Price means the price charged by Ryno for Work.
  Repair Quotation means a quotation or booking form supplied by Ryno to the Customer setting out any goods or repair or maintenance services the Customer has asked Ryno to supply.
  Ryno means Ryno Industries Pty Ltd (ABN 23 603 830 137).
  Security Deposit means any amount specified in the Hire Document as the security deposit.
  Start Date means the date on which and the time at which the Unit is hired as set out under the heading ‘Rental From’ in the Hire Document.
  Tax Invoice has the same meaning as under the GST Act.
  Unit means the Unit specified in the Hire Document under the headings ‘Item Code’ and ‘Item Description’ and includes all accessories supplied by Ryno.
  Work means Motor Vehicle or plant and equipment repair or maintenance services supplied to the Customer pursuant to this agreement.
2. In this agreement:
  (a) words in the singular include the plural and vice versa;
  (b) a reference to a person is to be construed as a reference to an individual, body corporate, unincorporated association, partnership, joint venture or government body;
  (c) the words ‘includes’ and ‘including’ and words of similar effect are not words of limitation;
  (d) a reference to a statute includes a reference to all enactments amending or consolidating the statute and to an enactment substituted for the statute and any subordinate legislation, including regulations;
  (e) headings are included for convenience only and do not affect the interpretation of this agreement; and
  (f) where something is done or received after 5.00 pm on any day, it will be taken to have been done or received on the following day.
JURISDICTION
This agreement will be construed in accordance with the laws in force in Queensland and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.
WARRANTIES
1. All warranties, guarantees and conditions whether imposed or implied by statute or otherwise, are excluded to the extent permitted by law.
2. If the Customer is a consumer within the meaning of that term in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law:
  (a) the Customer has the benefit of any guarantees that cannot be excluded by law;
  (b) Ryno makes each guarantee required of a supplier to a consumer under Part 3-2 of the Australian Consumer Law but only to the extent required by the nature of the Goods provided or services supplied and subject to clauses 3.3.
3. If the Goods are intended to be used by, or any Work or Hire services are intended to be acquired by the Customer for a specific purpose, the Customer must advise Ryno of that specific purpose in writing before the agreement is entered into. If the Customer does not disclose the specific purpose, the Customer agrees it would be unreasonable for the Customer to rely on the skill or judgment of Ryno to ensure the Goods, Work or Hire services are fit for the specific purpose.
FORCE MAJEURE
Ryno will not be liable for any breach of this agreement arising an act of God, insurrection or civil disorder or disturbance, strikes, lockouts, war or military operations, national or local emergency, acts or omissions of government, highway authorities or other competent authorities, industrial disputes of any kind (whether or not involving Ryno’s employees), fire, lightning, explosion, flood, subsidence, inclement weather, pandemics, epidemics, acts or omissions of persons or bodies for whom neither Ryno nor its employees, officers, contractors or sub-contractors are responsible, or from any other cause outside the control of Ryno.
NOTICES
Notices under this agreement may be sent to:
(a) Ryno at the address specified on a relevant Hire Document or Repair Quotation;
(b) the Customer at the street, postal or email address nominated by the Customer.
GENERAL
1. This agreement represents the entire agreement between the parties and supersedes all prior representations, statements, and understandings between the parties.
2. No right of Ryno under this agreement will be deemed to be waived except by notice in writing signed by an Authorised Representative and any such waiver will not prejudice Ryno’s rights in respect of any other or subsequent breach of this agreement by the Customer. Any failure by Ryno to enforce any clause of this agreement, or any forbearance, delay or indulgence granted by Ryno to the Customer will not be construed as a waiver of Ryno’s rights under this agreement.
3. In the event of any inconsistency between this agreement and any terms or conditions as may be set out in a Hire Document, a Repair Quotation, an order or other document supplied by the Customer, these Conditions prevail to the extent of any such inconsistency.
4. If any part of this agreement is invalid or unenforceable, that part will (if possible) be read down to the extent necessary to avoid the invalidity or unenforceability, or alternatively will be deemed deleted and this agreement will remain otherwise in full force.
5. Any variation or purported variation of this agreement (including any special terms and conditions) will not apply unless agreed to by Ryno in writing and signed by an Authorised Representative.
GST
Unless specified otherwise, amounts payable under this agreement are exclusive of GST. If GST is or becomes payable under or in connection with this agreement, the Customer must pay an additional amount equal to the GST payable.

SPECIAL CONDITIONS – UNIT HIRE

These conditions will apply where Ryno hires a Unit to the Customer.
RYNO’S OBLIGATIONS
1. Ryno will provide the Unit to the Customer in a clean condition and in good repair and working order. If no notice of any defect is received by Ryno within four hours of the commencement of the Hire Period, this will be prima facie evidence that the Unit was received by the Customer in good order and condition.
2. Ryno may, in its discretion, replace the Unit with a substitute unit of the same or similar specifications.
CHARGES
1. Ryno will issue a Tax Invoice in advance to the Customer for amounts due under this agreement and the Tax Invoice must be paid immediately, unless the Customer has a credit account with Ryno.
2. The Hire Charge is payable by the Customer from the Start Date until the last of the following events to occur:
  (a) the end of the Hire Period;
  (b) the return of the Unit to Ryno in good order and condition in accordance with clause 14; or
  (c) the payment to Ryno of the replacement cost of the Unit in the event the Unit is stolen, lost or destroyed.
3. The Customer irrevocably and unconditionally authorises Ryno to charge any credit card nominated by the Customer with any charges or other amounts due to Ryno pursuant to this agreement and to use the Security Deposit in payment of any amount due under this agreement.
4. Provided the Customer is not in breach of this agreement, the Security Deposit (or the balance of the Security Deposit) must be repaid to the Customer upon the Return of the Unit at the end of the Hire Period.
5. In addition to the Hire Charge, the Customer must pay:
  (a) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this agreement or arising from the Customer’s use of the Unit;
  (b) any other charges set out in the Hire Document including delivery and collection charges;
  (c) all costs and expenses (on an indemnity basis) incurred by Ryno in enforcing this agreement, recovering possession of the Unit or cleaning or repairing the Unit, including the removal of labels, graffiti and other markings, if the Unit is not returned to Ryno in good order and condition;
  (d) a 2.5% surcharge on any amount paid by the Customer using a credit card;
  (e) subject to clause 11, if the Unit is destroyed or damaged beyond economical repair during the Hire Period or while in the custody of the Customer, the cost of repairing any damage to the Unit or replacing the Unit;
  (f) interest to Ryno on any overdue amount due under this agreement (including sums due under this clause) at the rate of 18% per annum compounded monthly; and
  (g) additional charges incurred for the required services in the event of an overdue account being forwarded to debt collectors.
6. If the Unit is a Motor Vehicle, an additional charge of $0.25 per km will be payable by the Customer where the Motor Vehicle is driven more than 150km.
7. Where a Motor Vehicle is returned to Ryno without a full tank of diesel fuel, the Customer must pay a charge of $3 per litre required to fill the Motor Vehicle up.
8. If the Customer notifies Ryno that a Unit requires servicing, breaks down or becomes unsafe to use, pursuant to clause 10.2 or 10.4, and Ryno reasonably determines that the servicing, breakdown or safety issue was caused as a result of the Customer’s negligence or breach of this agreement, the Customer will be charged a minimum $50 call out fee and be responsible for the repair costs incurred by Ryno.
9. Ryno may issue a separate Tax Invoice to the Customer for the additional charges described in this clause, which must be paid immediately unless the Customer has an account with Ryno.
CUSTOMER’S OBLIGATIONS
1. The Customer must:
  (a) collect the Unit from Ryno on the Start Date or, if Ryno has agreed to deliver the Unit, accept delivery of the Unit on the Start Date;
  (b) conduct a thorough hazard and risk assessment before using the Unit and comply with all laws and regulations relating to the Unit and its operation;
  (c) ensure the Unit is not overloaded and is operated by a suitably trained, licensed, experienced and (if necessary) certified operator, and is operated only for its intended use and in accordance with manufacturer’s instructions;
  (d) ensure the Unit is protected at all times from theft, loss or damage;
  (e) ensure that no person operates the Unit under the influence of drugs or alcohol;
  (f) ensure the Unit is returned to Ryno at the end of the Hire Period in a clean state, including free from graffiti, labels and other markings and in good repair;
  (g) bear all running expenses associated with the Unit including fuel and oil;
  (h) inspect the Unit on a daily basis both prior to and subsequent to the use of the Unit to ensure that the Unit is in good working order and condition;
  (i) carry out any routine day to day maintenance, including cleaning and lubrication, that the Unit requires based on the inspections carried out in accordance with clause 10.1(h);
  (j) not use the Unit off-shore, underground or in a mine, in proximity to hazardous materials such as asbestos, or move the Unit over water;
  (k) ensure the Unit is not contaminated with hazardous substances, including asbestos, and immediately notify the Owner if there is a risk of this occurring;
  (l) not make any alterations or additions to the Unit or install any accessories or remove, deface or cover up any identification marks appearing on the Unit;
  (m) indemnify and keep indemnified Ryno against any fine or penalty that is levied or charged as a result of the use of the Unit or a failure to comply with statutory provisions including fines or penalties that relate to the method of loading, unloading, securing or transport of goods.
2. The Unit may only be operated by an operator under the age of 25 if the Customer first obtains the written consent of Ryno, which consent may be refused in Ryno’s discretion, or allowed only subject to conditions.
3. If the Unit requires servicing, breaks down or becomes unsafe to use, the Customer must:
  (a) stop using the Unit and immediately notify Ryno; and
  (b) not use the Unit until the Unit has been repaired by a repairer authorised by Ryno.
4. If a Unit requires servicing, breaks down or becomes unsafe as a result of the Customer’s negligence or breach of this agreement, the Customer will:
  (a) indemnify Ryno for any costs incurred to repair the Unit; and
  (b) pay the Hire Charge during the period the Unit is being serviced or repaired.
5. The Customer must ensure that, unless it first obtains the written consent of Ryno, the Unit remains in Queensland at all times.
6. Where the Unit is a Motor Vehicle and is hired for more than 1 day, the Customer must conduct a daily inspection before operating the Unit by walking around the Unit and taking all steps necessary to verify that:
  (a) all tyres are inflated to a roadworthy standard;
  (b) all wheel nuts are secured;
  (c) any tailgate is securely and safely latched for transportation; and
  (d) there are no water or oil leaks.
7. If a Unit’s tray is loaded, then before the Customer (or any of its personnel) operates the loaded Unit, the Customer must ensure that:
  (a) any payload is covered if necessary, secured and safe for the Customer’s intended transportation; and
  (b) any machine loaded onto the tray is tied down or affixed to the tray, and is secured and safe for the Customer’s intended transportation.
8. If a Unit is being used to tow, then before the Customer (or any of its personnel) operate the Unit, the Customer must ensure that:
  (a) the trailer is hitched correctly and securely;
  (b) the trailer is in good working order;
  (c) the trailer’s tyres are inflated to a roadworthy standard;
  (d) there are no wheel nuts missing from the trailer; and
  (e) the trailer’s load is tied down or affixed to the trailer and is secured and safe for the Customer’s intended transportation.
9. The Customer acknowledges that a Motor Vehicle requires servicing every 30,000km as per the manufacturer’s warranty specifications.
10. Ryno may, on reasonable notice, inspect the Unit and submit the Unit to such mechanical or other tests as Ryno, in its sole discretion, may require.
11. The Customer agrees to indemnify and keep indemnified Ryno for any liability whatsoever arising out of the breach by the Customer of this agreement.
12. All indemnities in this agreement survive the termination or expiration of this agreement.
RISK AND INSURANCE
1. Except where the Unit is delivered or collected by Ryno, during collection, delivery, return and hire, the Unit will be at the Customer’s risk in all respects.
2. The Customer assumes full responsibility, including civil, criminal and financial liability, for all acts undertaken by persons in control of the Unit.
3. Subject to clause 11.6, the Customer will indemnify and keep indemnified Ryno against any Claim (including a Claim for Consequential Loss) and all costs and expenses (on an indemnity basis) incurred by Ryno in defending any Claim arising from the loss of or destruction of the Unit or damage to the Unit arising from any cause whatsoever.
4. The Customer will indemnify and keep indemnified Ryno against any Claim (including a Claim for Consequential Loss) and all costs and expenses (on an indemnity basis) incurred by Ryno in defending any Claim for injury to or death of persons or damage to property arising in any manner out of or relating in any way to the Customer’s use or possession of the Unit.
5. Any liability of the Customer under clause 11.3 or 11.4 will be reduced proportionately to represent the extent to which Ryno’s negligent or wilful acts or omissions caused any Claim.
6. Ryno will maintain a policy of insurance (Policy) in the Unit. If the Unit is lost, stolen, damaged or destroyed during the Hire Period, Ryno will make a claim on the Policy, and the Customer must pay to Ryno the sum of $2,500 ex GST as an administration fee for preparing and submitting that claim to Ryno’s insurer. If the Policy provides a complete indemnity for the value of the Unit, or the cost of repairs to the Unit, the Customer will have no further liability to Ryno for the loss of or damage to the Unit (but will remain liable for any Consequential Loss or any ongoing Hire Charges).
7. The Customer must take out and maintain, in the names of the Customer and Ryno, a public liability policy with a policy limit of not less than $20 million to cover all Claims that the Customer or Ryno may become legally liable for as a result of death of or bodily injury (including disease or illness) to any person and loss of or damage to property happening anywhere arising out of or in connection with the possession, use or operation of the Unit by the Customer.
8. The Customer must provide evidence of the insurance policy referred to in clause 11.7 by way of provision of a certificate of currency when requested by Ryno.
9. The Customer must not do or omit to do any act that might in any way invalidate or prejudice any policy or claim under a policy of insurance or Ryno’s interest in any policy of insurance.
NO WARRANTY
Except as set out in clause 8, Ryno gives no warranty or guarantee and makes no representations as to the Unit’s suitability or fitness for any ordinary or any special use or as to the method of operating the Unit. Any warranty or guarantee that would otherwise be imposed or implied by law is excluded to the extent permitted by law. The Customer warrants that it is relying on its own skill and judgment in hiring the Unit.
PROPERTY IN THE UNIT
No right, property or interest in the Unit will pass to the Customer, who will be a bailee only. The Customer must not assign any interest in the Unit or under this agreement to any person nor part with possession of, sell or transfer the Unit. The Customer must not permit or suffer to be done any act, including the creation of any lien, charge, security or any encumbrance that may prejudice the right of Ryno to the Unit in any way.
RETURN OF THE UNIT
1. The Customer must return the Unit to Ryno in good order (or make the Unit available for collection by Ryno if Ryno has agreed to collect the Unit) (Return the Unit) immediately on termination of the agreement or before the expiration of the Hire Period at Ryno’s address as specified in the Hire Document, or any other address Ryno, acting reasonably, nominates.
2. If the Customer does not Return the Unit the Customer authorises Ryno to enter (using such force as is necessary in the circumstances) onto any premises where it reasonably suspects the Unit to be located and to re-take possession.
PERSONAL PROPERTY SECURITIES ACT
1. All terms capitalised in this clause that are not defined in this agreement take their meaning as defined in the PPS Act.
2. If Ryno considers that this agreement is or contains a Security Agreement or a Purchase Money Security Interest (PMSI) for the purposes of the PPS Act the Customer must do all things necessary to assist Ryno to continuously perfect any Security Interest or PMSI arising including signing any documents or providing such information as Ryno reasonably requests.
3. The Customer agrees to implement, maintain and comply in all material respects with any procedures for the perfection of Ryno’s Security Interests as set out in clause 15.2.
4. The Customer must do all things necessary to assist Ryno to continuously perfect any Security Interest arising including signing any documents or providing any information Ryno reasonably requests.
5. To the extent this agreement creates a Purchase Money Security Interest (PMSI) in favour of Ryno in the Unit, the PMSI will continue for any Unit coming into existence or for the Proceeds from the sale of a Unit.
6. The Customer must not lodge or permit the lodgment of a Financing Change Statement or an Amendment Demand in respect of the Unit without Ryno’s consent.
7. The Customer must immediately notify Ryno in writing of any change in the Customer’s name or other identifying characteristics of the Customer or a unit in which Ryno holds any Security Interest.
8. To the maximum extent permitted by the PPS Act:
  (a) Ryno is not required to give to the Customer a notice of any action Ryno takes in accordance with sections 95 or 121(4) of the PPS Act, a notice under section 130 of the PPS Act, the details required under section 132(3)(d) of the PPS Act, a written statement of account under section 132(4) of the PPS Act, or a notice required under section 135 of the PPS Act;
  (b) no person can redeem the Security Interest in the Unit under section 142 of the PPS Act without Ryno’s consent; and
  (c) no person may reinstate the Security Agreement under section 143 of the PPS Act without Ryno’s consent.
TERMINATION
1. If:
  (a) the Customer fails to:
  
  (i) pay the Hire Charge or any other money payable under this agreement within seven days after it becomes due, or fails to observe or perform any other term of this agreement; or
  
  (ii) effect or maintain any policy of insurance required by clause 11;
  (b) the Customer becomes bankrupt or insolvent or ceases to carry on business or there is a material adverse change in the business or financial condition of the Customer; or
  
  (c) any distress, execution or other legal process is threatened or levied upon or against the Unit,
  Ryno may, notwithstanding any delay or previous waiver of its rights, by notice to the Customer terminate this agreement. The Customer must then Return the Unit and pay to Ryno the amount of the Hire Charge then due and the Hire Charge that would otherwise have been payable in respect of the Unit during the balance of the Hire Period and any other amount payable under this agreement.
2. Upon termination the Customer must forthwith return the Unit to Ryno in accordance with clause 14.
TOWING, TRANSPORTING OR OPERATING UNITS
1. If the Customer is towing, transporting or operating a Unit, the Customer is responsible for ensuring that the towing weight and towing capacity of any towing vehicle complies with all laws and regulations.
2. The Customer acknowledges that if the Customer tows, transports or operates a Unit in breach of applicable laws and regulations relating to the towing weight and towing capacity of the towing vehicle or a Unit, that Ryno’s insurer may not insure Ryno in the event of an accident or incident.
LIMITATION OF LIABILITY
1. To the extent permitted by law, Ryno limits its liability to the Customer for breach of any term or guarantee incorporated into these Special Conditions – Unit Hire by the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law to the lower of the following amounts:
  (a) the cost of supplying the hire services again; or
  (b) the cost of obtaining equivalent hire services.
2. The limitations of liability set out in clause 18.1 do not apply to the extent that any liability of Ryno is caused by Ryno engaging in malicious conduct, deliberate or wilful misconduct, fraud or criminal conduct.
SPECIAL CONDITIONS – EQUIPMENT REPAIR

These conditions apply to and form part of any agreement between Ryno and the Customer for Work to be performed with respect to the Equipment.
CONDITIONS, COST AND COMMENCEMENT OF WORK
1. The Work to be performed by Ryno is as outlined in the Repair Quotation, in any repair order and any additional Work notified by Ryno in accordance with clause 19.4.
2. Ryno may provide the Customer with a Repair Quotation before performing Work on the Equipment.
3. The Customer agrees that any Repair Quotation:
  (a) is an estimate of the price of the Work based upon the information provided by the Customer; and
  (b) is subject to change throughout the course of the Work.
4. If the nature or extent of the Work to be performed by Ryno changes from the Work covered by the Repair Quotation, Ryno will take all reasonable steps to contact the Customer to notify the Customer of the additional Work required.
5. If the additional Work will increase the Repair Price set out in the Repair Quotation by more than 25%, Ryno will not continue to carry out the Work until the Customer has been notified and agrees to Ryno carrying out the additional Work.
6. If the additional Work will not increase the Repair Price set out in the Repair Quotation by more than 25%, the Customer authorises Ryno to carry out the additional Work.
7. Ryno may at its option decline to commence Work until one of the following events occurs:
  (a) the Customer accepts the Repair Quotation provided by Ryno pursuant to this clause 19;
  (b) the Customer signs a document in a form acceptable to Ryno authorising or requesting commencement of Work; or
  (c) the Customer pays an advance payment requested by Ryno in accordance with clause 20.3.
8. Ryno in its discretion may subcontract on any terms the whole or any part of the Work.
INVOICES AND PAYMENT
1. Ryno will provide the Customer with a Tax Invoice on completion of the Work.
2. Unless the Customer has a credit account with Ryno, the Customer agrees to pay any Tax Invoice prior to collection of the Equipment or any Goods.
3. Ryno may require the Customer to pay for all or part of the Work in advance.
CUSTOMER’S WARRANTIES AND INDEMNITY
1. The Customer warrants that:
  (a) the Customer is the owner of the Equipment and has the authority and consent of all persons owning or having any interest in the Equipment to enter into this agreement on their behalf;
  (b) if the Equipment comprises a Motor Vehicle, it is:
  
  (i) unless otherwise notified in writing to Ryno, in a roadworthy condition;
  
  (ii) registered with the relevant government authority for driving on Australian roads; and
  
  (iii) covered by a policy of third party property damage insurance that extends to indemnify Ryno, its employees and agents for loss or damage arising out of the use or operation of the Equipment during the period the Equipment is in the possession or under the control of Ryno.
2. To the extent permitted by law, the Customer indemnifies and agrees to keep Ryno indemnified in respect of any failure of the Customer to comply with its obligations under this agreement.
GENERAL LIEN
1. The Equipment is accepted for Work subject to a general lien over the Equipment and any other of the Customer’s Equipment including all accessories and contents, for all charges due or that may become due to Ryno by the Customer, in respect of any Work under this agreement or any other Work that Ryno provides or has provided in respect of any other of the Customer’s Equipment (Charges).
2. Without prejudice to any other rights Ryno may have at under law, if the Charges are not paid when due, or the Equipment is not collected when so required or requested, Ryno may, on provision of seven days’ written notice:
  (a) remove the Equipment or the Goods or both, and store them as Ryno thinks fit at the Customer’s risk and expense; and
  (b) sell the Equipment or the Goods or both, whether by private sale or public auction, and apply the proceeds to discharge the lien and costs of sale without being liable to any person or the Customer for any loss or damage caused.
DELIVERY
1. Ryno will use reasonable efforts to complete the Work on or before the Completion Date. However, the Customer agrees that, to the extent permitted by law, Ryno will not be liable for any loss, damage or expense including any Consequential Loss, however caused, arising from delay in completion of the Work or delivery of the Equipment to the Customer on a date later than the Completion Date.
2. Ryno will notify the Customer (which notice may be given by telephone or e-mail) of the date on which the Equipment or Goods will be available for collection.
STORAGE
1. All Equipment at Ryno’s premises, whether or not Work is complete, is stored at the risk of the Customer. Ryno accepts no responsibility for loss or damage to any Equipment at Ryno’s premises, except where that loss or damage is caused by a deliberate or wilful act or omission by Ryno.
2. Ryno will not be liable for any direct or indirect loss of or damage to, any articles, property or items left in the Equipment.
3. If the Customer fails to collect the Equipment or Goods from Ryno within 48 hours of notification by Ryno under clause 23.2, Ryno reserves the right to charge for storage until such time as the Equipment or Goods are delivered or collected.
PARTS
1. Unless otherwise agreed in advance by Ryno in writing, any parts of the Equipment removed and replaced during the performance of Work will become the property of Ryno and may be disposed of by Ryno. Ryno may impose a charge to dispose of any such parts.
2. Ryno will not accept returns of gaskets, seals, belts, hoses, opened kits or non-stocked parts ordered to meet Customer requirements.
ACCEPTANCE AND CANCELLATION
1. Unless otherwise agreed in writing by Ryno, an agreement between the Customer and Supplier for the provision of Work may not be cancelled by the Customer for convenience.
2. If Ryno agrees to a request by the Customer to cancel an agreement (Cancelled Agreement), the Customer will be liable to Ryno for the value of Work performed and Goods acquired by Ryno to perform the Work together with all other costs and expenses incurred by Ryno in connection with the Cancelled Agreement.
DEFECTS
1. The Customer agrees to:
  (a) inspect the Equipment and Goods on collection;
  (b) notify Ryno within seven days of any alleged defect, damage or loss to the Equipment or Goods or failure to comply with any description, Repair Quotation or Tax Invoice for Work; and
  (c) afford Ryno a reasonable opportunity to inspect the Equipment or the Goods or both if notification is made in accordance with clause 27.1(b).
2. If the Customer does not notify Ryno within seven days in accordance with clause 27.2(b), this will be prima facie evidence that the Equipment and any Goods are free from any defects and that the the Work has been performed in a good and workmanlike manner.
LIABILITY
1. To the extent permitted by law, Ryno will not be liable for any Consequential Loss.
2. To the extent permitted by law, Ryno limits its liability to the Customer for breach of any term or guarantee implied or imposed by law with respect to these ‘Special Conditions – Equipment Repair’ (including any loss or damage to the Equipment while stored at Ryno’s premises) by the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law to the lowest of the following amounts:
  (a) in the case of Goods, the cost of repairing the Goods, replacing the Goods or supplying the Goods again;
  (b) in the case of services of repair or maintenance, the cost of obtaining equivalent services of repair or maintenance.
3. The limitations of liability set out in clause 28.2 do not apply to the extent that any liability of Ryno is caused by Ryno engaging in malicious conduct, deliberate or wilful misconduct, fraud or criminal conduct.
AUTHORITY
1. The Customer authorises Ryno to complete any action Ryno considers desirable or necessary to complete the Work including:
  (a) entering the Equipment; and
  (b) testing or driving the Equipment, including driving the Equipment outside of Ryno’s Premises.

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