DEMOLITION LICENCE:

ASBESTOS LICENCE:

PUBLIC LIABILITY INSURANCE POLICY:

WC CERTIFICATE OF CURRENCY:

ABN:

AD 212085

AD212086

14100166

A15379016

11 602 418 253

Terms & Conditions

Interpretation

Anesti Excavation & Demolition Pty Ltd ABN 11 602 418 253 is referred to in this agreement as the “Owner” or” AED FENCE” and is the lessor of the fence materials, goods, plant, or equipment as described or identified in the agreement / Temporary Fencing Authority Form.

The person or company and its authorised representative named at the relevant column in the agreement / Temporary Fencing Authority Form is referred to as the “Hirer” or lessee of the fence materials, goods, plant, or equipment as described or identified overleaf in this agreement.

“Fence” or “fencing” means any materials, goods, plant, or equipment that is provided by AED FENCE to the Hirer under the terms of this agreement / Temporary Fencing Authority Form. The words hire, rent or lease and any derivatives thereof shall be used interchangeably and have the same meaning as hire or lease for the purposes of this agreement. This does not apply to the terms Owner or Hirer or lessor and lessee.

Any part of this agreement / Temporary Fencing Authority Form that is held to be invalid or not enforceable shall not affect the remaining parts of this agreement / Temporary Fencing Authority Form.
The owner and the hirer agree that this agreement / Temporary Fencing Authority Form is governed by the laws of the State of New South Wales and the parties submit to the jurisdiction of its courts.

This agreement / Temporary Fencing Authority Form does not restrict any lawful remedy available to either party including the relevant provisions of the Trade Practices Act 1974 and nothing in these terms and conditions shall restrict such rights.

Hire Period & Charges

Upon the date shown on the Temporary Fencing Hire Authority Form, receipt, invoice, or the installation of the hired materials and equipment, whichever is earlier, the rental period shall commence. The period terminates upon the return of the hired materials to the owner’s premises within normal business hours or the time of collection by one of the “AED FENCE” Trucks.

Once the initial hire period – as stated overleaf – has expired there will be an automatic extension of the hire period for a minimum of one calendar month and subject to an additional monthly charge for each additional calendar month or part thereof after expiry of the initial hire period.

Unless otherwise agreed in writing there shall be no adjustment on a pro-rate basis for any part of any rental period or additional rental monthly rental period. There will be no REFUNDS for unused hire.

The hiring charges at the rate specified overleaf shall commence for the commencement stated above and continue until the expiry of the period specified overleaf or as defined herein, whichever is the later

Payment Collection

AED FENCE reserves the right to charge penalty interest on overdue accounts. The Applicant agrees to reimburse AED FENCE any costs incurred by AED FENCE arising from the collection of any amounts owed to by the Applicant, including but not limited to commission and legal expenses charged by third parties. Terms of payment are cash on delivery (C.O.D) including a 30% refundable bond payment unless otherwise agreed between the parties. Where a Hirer is required by the Owner to pay for hire by C.O.D. the Hirer must make full payment via EFT to the Owner’s BSB and Account Details. Payments to be made to CBA Business Transaction Account / BSB 062-159 – Account No 1027 1684 The authority so granted by the Hirer shall remain in force from the date of this agreement / Temporary Fence Hire Authority Form until the date of termination of this agreement or the hire has been completed and no payments remain outstanding.

Use of Equipment

The Hirer confirms that he is not relying on any representation made by or for and on behalf of AED FENCE in respect of any material, plant and equipment or its performance.

It is a condition of this agreement that the Owner’s sign shall be placed on every third panel for insurance and advertising purposes.
The fence and/or any related materials are exclusively hired to the site address shown overleaf and that hire is not transferable to any other site nor is the Hirer permitted to transfer the hire to any other person.

Within 24 hours of completion the Hirer shall inspect the fence supplied and if found necessary must immediately notify AED FENCE in writing of any objections to the state of – or any defect in – the fence. Any failure by the Hirer to do so will constitute an acceptance of the fence “as is” and acknowledgment by the Hirer that the fence is in good condition, safe and fit for the purpose.

The Owner will, upon receipt of a notice of objection or defect, investigate and where required address the problem. Any liability of the Owner at law under the Trade Practices Act or similar legislation is limited to either a) the replacement of the fence or b) the repair of the fence at the sole discretion of the Owner.

It is the Hirer’s responsibility to ensure that the site, and any of our products, are always accessible. Including for delivery, servicing and pick up.

The Hirer always acknowledges that the fencing as hired is and remains the property of the Owner. The Hirer is not permitted and shall not sell, lease, assign, transfer the fencing or any part thereof or deal with it in a manner that affects, direct or indirect, the Owner’s ownership.

The Hirer shall have a representative present upon collection of the panels and/or other equipment to enable supervision of the count of panels and sign them out. Where the Hirer does not provide a representative to supervise the Hirer must accept the counts as taken by the Owner.

It is acknowledged by the Hirer that they or their representatives have received fencing installation instructions and understand any variation from the original installation is subject to written authorisation by the Owner. Upon collection the fencing must be in original installation position and readily accessible or additional charges will be incurred.

Hirer's Obligations

The Hirer will:  Accept full responsibility for the safe keeping of the Equipment, and except as specified hereafter, shall indemnify AED FENCE for all loss, theft of or damage to the Equipment however caused and without limiting the generality of the foregoing whether such loss, theft or damage is attributable to any negligence, failure, or omission of the Hirer.

Accept full responsibility for and indemnify AED FENCE against all claims in respect of any injury to persons, or loss or damage to property, arising out of the possession or use of the Equipment during the Hire Period however arising, whether from the negligence of the Hirer or AED FENCE or other party and limiting the generality of the foregoing whether or not the Equipment was being operated by an employee, servant or agent of the Hirer or any person for whose acts AED FENCE might be or is held to be responsible in connection with the use of the Equipment.

Not be entitled to sell, transfer, mortgage, charge or encumber in any way the Equipment nor, without AED’s management prior written consent, part with the possession of the Equipment nor assign the benefit of this Agreement.

Damage to Equipment and Missing Equipment

The Hirer accepts liability to always maintain the fencing in good working order and condition. They will not alter, repair, or change the facing or position of the fencing without prior written consent and accept responsibility for any loss or damage to the equipment for any reason whatsoever except for reasonable wear and tear. It is agreed that at any time during or on completion of the hire period the Owner is entitled to charge the Hirer at a rate specified by the Owner the cost in whole or part for replacement and repair to equipment. Even if missing or damaged all equipment, stock or material always remains the property of the Owner.

Missing stock, The Hirer is liable to the owner for any missing stock. The hirer remains liable to the owner for the replacement cost of such property and for ongoing rent hire fees to the owner until the stock is produced to the owner or the hirer pays to the owner for the replacement costs of the missing stock.

Replacement of Stock Price List

  • Mesh Fence Panel 2.4metre $100.00 each
  • Plastic Fence Feet $26.00 each
  • Fence Clamps $4.00 each
  • These prices exclude GST tax.

Indemnity

The Hirer hereby indemnifies the Owner against any and all claims that may be made against the Owner for damages or otherwise in the event of any loss of, damage to property, or death or injury to person whatsoever arising directly or indirectly by the use of any fencing whilst on hire to the Hirer and that indemnity shall extend to and include any costs or expenses incurred by the Owner in the course of investigating or defending any such claim.

Termination by the Owner

The Hirer may not cancel any order that it places for supply of Equipment after that order is accepted by AED FENCE unless AED FENCE gives it consent in writing. AED FENCE may give or withhold its consent in its absolute discretion. AED FENCE may give its consent subject to conditions that may include payment of money to AED FENCE.

The Owner has the right to terminate this agreement at any time irrespective of the specified hire period or irrespective of any previous waiver of any previous default in any of the following events:

a) where the Hirer does or permits any act or thing that prejudices the Owner’s rights in the equipment.

b) where the Hirer becomes or is made bankrupt or enters arrangement with creditors or where the Hirer is a limited company orders or resolutions for the winding up of such company are made.

c) where the Hirer fails to pay any monies when and if they fall due or commits any other breach of this agreement. For the purpose of repossessing the equipment hired under this agreement the Owner may enter or upon any premises where the equipment may be without prejudicing any rights of the Owner to recover from the Hirer any monies due or any damages for breach. The Hirer indemnifies the Owner in respect of any claims, damages or expenses arising from any action taken by the Owner in reliance on this clause.

If the Hirer breaches any part of this agreement the Owner reserves the right to remove fencing or any other material from any other individual site, regardless of payment status.

Where the Hirer or their representative failed to sign the agreement in its entirety the Owner has the right to remove fencing without further notice and the original charges still apply.

Transfer or Assignment

This agreement may not be transferred or assigned to any other party without the express written consent of the Owner. Any action to the contrary entitles the Owner to immediate termination of the agreement and the Hirer remains liable for any charges incurred to date and to be incurred by the termination.

Changes to Terms & Conditions

AED FENCE may amend these Terms and Conditions at any time by publishing the amendments on Anest Excavation and Demolition Pty Ltd Websites or otherwise notifying the Hirer. The amended Terms and Conditions will apply to any hire of the Equipment from the time the amendments are published on the Anesti Excavation and Demolition Pty Ltd Websites or otherwise notified to the Hirer. Any such amendment will not affect the validity or enforceability of the agreement between AED FENCE and the Hirer in any way.

Information Provided

The Hirer maintains that the information they have provided is true and correct at the time of entering into this agreement. If the information is found to be incorrect the Owner reserves the right to terminate immediately and the Hirer to recover the equipment supplied. Any associated costs due to incorrect information incurred by the Owner, remain the liability of the Hirer.

IMPORTANT

If NO hire extension is required please notify AED Fence 7 days before Rental Contract expiry date.
Off-Hire Notices must be received via Email.
If NO Off-Hire notice is received by AED Fence the contract agreement between AED Fence and the Customer will automatically continue on a month to month re-hire rate until Off-Hire Notice is received.
Please email Off-Hire Notices to customercare@anesti.com.au.

Our Mission

‘With a focus on delivering the highest quality residential demolition services in Sydney within the set budget and time frame, ANESTI Excavation & Demolition are your #1 experts for all demolition jobs. We have been noticed by many builders across the state as a superior team as you can see below. We have a highly trained team with over 30 years experience who know the importance of completing a flawless demolition and minimising any errors to make YOU the customer satisfied!’

A few of our clients