TERMS AND CONDITIONS INCLUDING RENTAL AGREEMENT
Effective 01 September 2018
Updated 13 August 2020
Portable Spectral Services commitment to its clients
Portable Spectral Services commits to supplying Equipment to its clients that to the best of its knowledge and skill is in good condition and is ‘fit for purpose’ at the time of hire.
This rental agreement is between Portable Spectral Services (ABN: 11151669091) (“PSS”) and the person or entity set out in the Quote (“Hirer”).
1. Definitions of Agreement
“Authority” means any state radiological Council or authorised statutory body or person relevant to the use of the Equipment.
“Consumables” means any reference materials, Prolene windows or any other consumables usually required to operate the Equipment for its intended purpose;
“Commencement date” means the commencement date specified in the Quote or such other date as the Owner and the Hirer agree in writing;
“Excess Amount” means the amount shown as excess amount on the Quote;
“Equipment” means the items described in the quote under the heading ‘Description’;
“Licence” means a licence or permission issued by an Authority in accordance with the Relevant Legislation authorising the Hirer to use the Equipment in the Location;
“Licensed Operator” means anyone who has completed the relevant Radiation and Safety Training in order to safely operate the Equipment in accordance with the relevant authority;
“Location” means the State or Territory in Australia in which the Hirer will use the Equipment;
“PPSA” means the Personal Properties Securities Act 2009 (Cth);
“Quote” is the agreed term and cost of hire of the Equipment;
“Owner’s Premises” means the premises at the address shown on the quote;
“Radiation Safety Training” means a radiation safety training course approved by an Authority or the Hirer;
“Rental Charges” means the fees payable as specified in the quote;
“Rental Agreement” between PSS and the Hirer is made on the date shown on the signed quote and comprises the Quote and these Terms and Conditions
“Rental Period” means a period stated in the Quote commencing on the Commencement Date and ending on the date that the Equipment must be returned;
2. Licensed Operator
The Hirer agrees and acknowledges that
- Only Trained Operators that have the relevant Radiation Safety Training will use the Equipment; and
- The Hirer is responsible for the acts of any Trained Operators that the Hirer allows to use the Equipment
- If the Hirer allows an untrained Operator to use the Equipment then the Excess Reduction option (if accepted in agreement) will not apply.
3. Where you can Use the Equipment
- The Hirer must ensure that they are covered by a current Radiation Licence appropriate to the state in which the Equipment (pXRF) will be used.
- All PSS Equipment is covered by PSS Radiation Management licence in Australia.
- It is the hirers responsibility to ensure that all licensing requirements are met prior to hiring from PSS. PSS can assist in obtaining the Licence for an additional fee.
- The Hirer must at all times maintain and adhere this licence in the state they are operating in.
4. Use, Security and Condition of Equipment
- The Hirer must ensure that the Equipment is used in accordance with the Manufacturers guidelines (included on the USB) and the Radiation Management Plan (in sleeve)
- The Hirer is responsible at all times for maintaining the Equipment during the Rental Period
- The Hirer must store the Equipment in a safe and proper location at all times in accordance with its licence. The Insurance will not cover theft by an employee of the Hirer or if the Equipment is stolen whilst not being stored properly.
- The Hirer must immediately report any damage to or malfunctioning of the Equipment to PSS.
- If the Equipment needs to be substituted then PSS will endeavour to get replacement Equipment to the Hirer in a timely manner so as to limit inconvenience to the Hirer.
- The Hirer must not tamper with the Equipment or carry out repairs unless authorised by PSS.
5. Repair and Maintenance of Equipment
- PSS will at its own expense provide routine maintenance and recalibration of the Equipment during a long term hire (minimum 6 months)
- PSS will use its reasonable endeavours to effect timely repairs to or replacement of faulty or defective Equipment where such fault or defect was not caused in any way by the Hirer.
- PSS reserves the right at any time during the Term to replace the Equipment and the terms and conditions of this Agreement apply equally to the Replaced Equipment and will remain in force for the remainder of the Term as if the Replacement Equipment was provided to the Hirer at the Commencement Date.
6. Delivery of Equipment
- It is the responsibility of the Hirer to arrange pickup of the Equipment from the office of PSS at the commencement of the Rental period.
- Delivery of the Equipment to a place other than PSS office will be at the expense of the Hirer.
- PSS will allow time for overnight delivery of Equipment to the Hirer in the Rental Period.
- If the Hirer chooses to have the Equipment delivered over a longer period then this time will become part of the Rental Period and will be charged for.
7. Return of Equipment
- The Hirer must return the Equipment to the office of PSS, at the Hirers cost, on the date shown on the Rental Agreement.
- PSS will allow time for overnight return of Equipment to PSS office in the Rental Period.
- If the Hirer chooses to have the Equipment returned over a longer period then this time will become part of the Rental Period and will be charged for.
- The Equipment should be in the same condition as it was at the commencement of the Rental Period
- If Equipment is returned excessively dirty then a cleaning charge will be allocated.
- All accessories present in box on hire of equipment must be returned or they will be charged for.
- Whenever possible all batteries should be returned fully charged
- Refund or credit of Rental Charges on early return of the Equipment is subject to PSS discretion and is subject to a fee.
- Late return of Equipment will be charged at 150% of rental charges unless sufficient notice is given.
- Charges may apply if the equipment is returned later than the time discussed/specified in the agreement of hire at $100.00 per hour.
- PSS does not allow instrumentation to be couriered by Australia Post as the instrumentation exceeds their insured amount
- The client must return the instrument via overnight express to PSS at the end of the rental period.
The insurance included in the Rental Charges is only valid if the Equipment has been used in accordance with Clauses 2, 3 and 4 and only if damage is reported immediately and honestly at time of incident. A written report must be completed.
9. Loss Damage Waiver, Damage and Loss of Property
Subject to clause 4. The Hirer is liable:
- For an Excess Amount payable on each event involving the loss or any damage to the Equipment
- The Excess Amount will vary according to the evaluated risk associated with each hire.
- By placing an order on our website, signing a quotation or providing a purchase order for a quotation, the Hirer acknowledges that they have read and accepted the Terms and Conditions and understand there is a minimum excess amount of $5000AUD payable if damages occur during the rental period and not in the possession of PSS.
- The Excess amount can be waivered on payment of a Loss Damage Waiver at time of hiring which is to be discussed and provided on a quote.
At the commencement of any Rental Period the Hirer must pay PSS:
- All Rental Charges
- Payment term is 14 days from the date of invoice.
- Any amounts payable by PSS or the Hirer to any relevant Authority in respect to use of the Equipment.
- At the end of any Rental Period the Hirer must pay PSS: any outstanding rental charges and fees for extended Rental Periods
- Replacement costs of any missing accessories listed in the box
- Any Excess Amount that may have resulted from damage sustained to the instrument during the rental period unless the Loss Damage Waiver has been paid at commencement of the Rental Period.
- Long Term Hires will be charged at the normal monthly rate and the discount for long term will be reflected on the final bill.
PSS will pay within a reasonable time any refund due to the Hirer.
11. Personal Properties Security Law
- In the event that the Term is 12 months or more, the Hirer acknowledges and agrees that it grants to PSS a security interest in the Equipment and the Hirer further acknowledges that by this Agreement a security interest in the Equipment attaches to and is created in favour of PSS pursuant to the PPSA.
- The Hirer acknowledges and agrees PSS may register its security interest in the Equipment on the PSSR.
- The Hirer must, upon request from PSS, sign any documents, provide all necessary information and do anything else required to allow PSS to register and maintain its security interest in the Equipment on the PPSR.
The Hirer must not enter into any security agreement, grant a security interest, charge, mortgage or encumbrance or any kind to a third party or permit any other person to register any security interest in the Equipment on the PPSR or otherwise.
12. Intellectual Property
All intellectual property rights, including but not limited to patents, designs and copyright are reserved. The Hirer must not make or permit to be made copies of anything supplied by PSS to the Hirer pursuant to this Agreement or to otherwise assist the Hirer to use the Equipment in accordance with recognised methods and standards for equipment of its type.
13. Hirer’s Risk
- The Hirer agrees to use, operate and possess the Equipment at the Hirer’s risk. The Hirer agrees that PSS will have no responsibility or liability for any loss or damage to any property of the Hirer or any third party. To the full extent permitted by law the Hirer releases and discharges PSS from:
- Any loss or damage whatsoever and whenever caused to the Hirer whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise.
- Any financial or other loss caused to the Hirer or associated company resulting from Data obtained using the Equipment.
14. International Hire
The Hirer assumes full financial responsibility for any Loss, Theft or Damage of the instrument and/or its associated items.
The hirer will also assume full responsibility for all costs associated with the International travel e.g.: Customs Duties, visa’s etc.
15. Technical Assistance
The Hirer is aware that if there is any technical assistance required, there will be additional charges to the hirer.
First 15 minutes – FREE
Every 15 minutes thereafter – $50.00+ GST
16. Terms of Hire and Cancellation
- Interstate hirers agree to a minimum 3 day hire.
- Cancellation of a pXRF instrument after accepting the Quotation and Terms & Conditions, will incur a 50% fee of the amount payable on the Quotation.
- Cancellation of less than 48 hours’ notice for any training will incur a 50% fee of the cost of the course, per person.
17. Instrument Sales
- All quotations in Australia, Papua New Guinea & New Zealand are in Australian Dollars unless stated otherwise on the quotation.
All quotations in Canada are in Canadian Dollars unless stated otherwise on the quotation.
Quoted prices do include federal, state or local excise, sales, use or similar taxes.
- Quotes are based on the USD exchange rate at the time of generating the quote. If the exchange rate should vary more than 5% by the time the invoice is issued, then the difference will be passed onto the customer.
- This offer contains all agreements and is in lieu of all other oral agreements, guarantees, promises, representations or warranties expressed or implied. This quotation supersedes all preceding quotations.
- Quotes are valid for 4 weeks from the date of issue unless otherwise noted. All specifications are subject to change without prior notification.
- Normal equipment delivery is 2-6 weeks after receipt of order, unless otherwise stated. Quicker deliveries are sometimes available.
- All goods remain property of Portable Spectral Services until full payment has been received.
- Buyer is responsible for maintaining its authorisation for the use of the instruments in necessary jurisdictions.
- S1 Titan standard warranty is 2 years. Tracer Series standard warranty is 1 year. The warranty period for this quote starts from the date of invoice, not the date of shipment (if different)
- Bruker reserves the right to apply modifications to technical details that reflect the technological progress or increase the operational safety of the instrument.
- This quote is subject to Bruker ASX Handheld Inc. Standard Terms & Conditions (bruker.com/hmp-terms).
Micro-XRF cancellation terms. Buyer is granted a contractual right to cancel any order against payment of a “Cancellation Charge”. In the event of attempted cancellation by Buyer of any order, Buyer shall pay Seller a cancellation and re-stocking charge based upon the timing of the tempted cancellation notice as follows:
Days Attempted Cancellation Notice Given Before Confirmed Shipment Date of Order Cancellation Fee Equals the Following Percentage of Purchase Price
More than 90 Days 35% of Purchase Price
61 to 90 Days 50% of Purchase Price
31 to 60 Days 75% of Purchase Price
0 to 30 Days 100% of Purchase Price
Higher cancellation charges, up to the full value of the order, may apply in the case of special, custom or modified equipment.
18. Instrument Sales – Payment
- 50% payment due upon placing order with Portable Spectral Services
- 50% payment due prior to despatch of order from our Perth office.
- No order will be placed with the factory unless 50% payment has been received upon placing the order with Portable Spectral Services.
19. Service Fees and Surcharges
- Prices in the Schedule of Analytical Services are effective from 1st June 2020.
- There is a minimum invoice charge of $260.00 for routine geochemistry and $310.00 for all other work.
- All prices in the Schedule of Analytical Services are calculated on the basis of multiple sample batches; individual sample jobs will be invoiced at 100% surcharge rates and submissions of two samples will carry a 50% surcharge.
- When sample submissions include multiple matrices and/or differing analytical requirements, they may be treated as multiple jobs, each attracting minimum job fees or small batch size surcharges.
- All non account work requires payment up front prior to commencement of work.
- Discounts will apply for large batches – please contact PSS to discuss your needs.
- All prices quoted in the Schedule of Analytical Services are in Australian dollars, and exclude Australian Goods and Services taxation (GST).
20. Quality Assurance
- Certified Reference Materials and/or in house controls, blanks and replicates are analysed with each batch of samples.
- These quality control results are reported along with the sample values in the final report.
- Selected samples are re-analysed to confirm anomalous results.
- Prices include the reporting of all QC data except where more than 10% repeats are considered necessary in cases such as poor reproducibility due to particulate matrices, in which case additional repeats may be charged for.
- Where the concentration of an element exceeds the capacity of the method selected, re-analysis will be carried out using a more appropriate calibration or technique at the clients expense.
21. Ethics and Compliance
Portable Spectral Services is committed to maintaining the total confidence of its customers and ensures compliance with local, national and international laws and the accuracy and validity of reports that it provides to customers.
Portable Spectral Services will;
- Avoid conflicts of interest and to act openly, responsibly and within the confines of the law and internationally accepted guidelines.
- Implement current ‘best practice’ policies in all control procedures.
- Maintain a culture in which all employees know what is expected of them.
- Monitor adherence to organisational controls and reporting procedures.