TERMS AND CONDITIONS

1. DEFINITIONS AND INTERPRETATION
   1. Additional Charges means any charges or amounts required to be paid by the Customer to the Owner under Clause 4.
   2. Agreement means the agreement for the supply of the Goods upon hire between the Owner and the Customer incorporating these terms and conditions.
   3. Customer means the person, company, firm, or corporation hiring the Goods from the Owner and any signatory to the Hiring Schedule / Tax Invoice attached and their servants,agents, or authorised representatives.
   4. Goods means all formal wear, garments, clothing, attire, accessories, and packaging supplied to the Customer by the Owner.
   5. Hire Fees means the charges agreed between the Owner and the Customer for the hire of the Goods set out in the Hiring Schedule / Tax Invoice attached to these terms and conditions.
   6. Hire Period means the period commencing on the pickup date and concluding on the return date referred to in the combined Hiring Schedule / Tax Invoice attached to these terms and conditions or as extended or varied under clause 2.2 and will include any period after the Return Date during which the Customer remains in possession of the Goods.
   7. Late Charges means the charges referred to in the Hiring Schedule / Tax Invoice attached.
   8. Owner means Davlar Pty Ltd atf The Coachman Trust (ABN 16 464 769 052) trading as Trevor West Menswear and Formal Hire 43 Toorak Road South Yarra 3141.
   9. Schedule means the combined Hiring Schedule / Tax Invoice attached to these terms and conditions.
   10. Words importing the singular number will be deemed to include the plural and vice versa. Words importing the male gender will be deemed to include the female and neuter genders and vice versa.
   11. A reference to a person includes a corporation, partnership, and unincorporated body.

2. HIRE OF GOODS
   1. The hiring of the Goods will commence from the pickup date specified in the Schedule and continue for the term concluding on the return date specified in the Schedule subject to clauses 2.2 and 2.3 and the Customer is entitled to use the Goods for the Hire Period.
   2. Any extension of the Hire Period must be agreed to by the Owner in writing.
   3. The Customer agrees to return the Goods to the address of the Owner on or before the end of the Hire Period as outlined in the Schedule or as extended as provided in clause 2.2. Failure to do so will constitute an act of theft or conversion and will at the discretion of the Owner be immediately reported to the police.
   4. The Customer will be liable for the full replacement value of the Goods if they or any part of them are lost, stolen or damaged during the Hire Period.
   5. Failure, refusal, or neglect to return the Goods after expiry of the Hire Period, or the presenting of false, fictitious, or misleading identification to the Owner will be construed as evidence of an intention to defraud, deceive, or steal and to fraudulently convert the ownership of the Goods and will be actioned at the Owner’s discretion accordingly.
   6. The Customer will be liable for the full amount of the Hire Fees together with Late, Loss, Damage Charges referred to in the Schedule until the replacement value of the Goods is paid in full by the Customer to the Owner.

3. PAYMENT FOR RENTAL
   1. The Hire Fees will be as indicated in the Schedule.
   2. The Customer agrees to pay the Owner the Hire Fees and where applicable the Late Charges in respect of the Goods as specified in the Schedule for the Hire Period together with any applicable GST, stamp duties and other charges in connection with this Agreement and the hire.
   3. The Hire Fees must be paid to the Owner at the time of hire and in the event the term of this Agreement is extended in accordance with clause 2.2 hire fees must be paid at the commencement of the extended term. Any Goods not returned by the return date set out in the Schedule or otherwise in accordance with this agreement will be subject to payment of continuing Late Charges at the rate set out in the Schedule.
   4. Customers having an approved account with the Owner are required to make payment of the Hire Fees in accordance with the terms of trade of their respective accounts. Account Customers will be deemed to be in default under this Agreement if those terms of trade are exceeded.
   5. A cancellation fee may be charged by the Owner and will be payable by the Customer where Goods have been specifically reserved by booking and the Customer cancels the booking without reasonable notice or fails to take delivery of the Goods as arranged.

4. ADDITIONAL CHARGES
   • The Customer must in addition to the Hire Fees and Late Charges, if required by the Owner, pay Additional Charges as follows:
     1. Any cost incurred by the Owner in cleaning the Goods or restoring them to hiring condition after the Hire; and
     2. The cost of rectifying any loss or damage to the Goods caused by the Customer’s use.
     3. Refer to item 15 for schedule of additional charges.

5. SECURITY DEPOSIT

The Customer will, at the time of commencement of the Hire Period and as a condition of hire, be required to provide a security surety / deposit referred to in the Schedule. The Owner may (but will not be bound) to apply all or any part of the security deposit in payment of Late Charges and any Additional Charges payable by reason of any default by the customer in performing the Customer’s obligations under this Agreement. Upon expiration of the Hire Period and return of the Goods to the Owner so much of the security deposit (if any) held by the Owner as has not been applied towards payment of the Late Charges or Additional Charges or which is not otherwise required to make good any loss or damage suffered by the Owner arising from this Agreement will be refunded to the Customer without interest.

6. CREDIT CARD AUTHORISATION

• Where payment of the Hire Fees is made by way of credit card at the commencement of the Hire Period the Customer authorises and directs the Owner to charge all Hire Fees arising from any extension of the Hire Period and any Late Charges or Additional Charges referred to in Clauses 3 and 4 to the credit card provided in connection with the hire.
  1. On completion of the hire and return of goods subject to there being no additional charges in accordance with the T’s & C’s the Credit Card details supplied at commencement of hire period will be deleted.

7. CONDITIONS AND WARRANTIES, USE AND CARE

• In respect of all Goods supplied by the Owner to the Customer the Customer must:
  1. examine or try on the Goods prior to taking possession of them and confirm by signature on the Schedule that the Goods are (save for any matters noted in writing in the Schedule) suitable for the purpose required, clean and otherwise in good order and condition.
  2. ensure the Goods are not used by anyone other than the Customer without the express permission of the Owner.
  3. return the Goods to the Owner clean and in good condition. If in the Owner’s opinion the Goods require specialist cleaning or repair, upon return the cost of same will be charged to the Customer as provided in Clause 4.
  4. immediately notify the Owner of any damage to the Goods and not repair or attempt to repair the Goods without the prior written consent of the Owner.
  5. subject to clause 7.iii maintain the Goods in good and substantial repair and condition.
  6. not alter the Goods or deface or erase any identifying mark or number on the Goods or in any other manner interfere with the Goods.
  7. accept full responsibility for the safekeeping of the Goods and, except as specified in these terms and conditions, indemnify the Owner in respect of all loss, theft or damage to the Goods however caused.
  8. not be entitled to a lien over the Goods nor part with possession of the Goods or assign or transfer the benefit of the hire pursuant to these terms and conditions nor remove the Goods nor allow same to be removed, from the Customer’s possession.

8. CUSTOMER’S FURTHER WARRANTIES

• The Customer warrants that:
  1. the particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission.
  2. the Customer will not tamper with or alter the Goods in any way or permit another to do so.

9. WARRANTIES, INDEMNITY AND LIABILITY
   1. The only conditions, warranties and guarantees which are binding on the Owner in respect of the Goods supplied by the Owner to the Customer are those imposed and required to be binding by statute (including without limitation the Australian Consumer Law and the Competition and Consumer Regulations 2010 (C’wealth)) and otherwise all other conditions and warranties in respect of the hire of the Goods by the Owner to the Customer are expressly excluded and negatived.
   2. The Owner’s Goods come with guarantees that cannot be excluded by Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss and damage. The Customer is entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
   3. Subject to clause 9.2 the liability, if any, of the Owner arising from the breach of such conditions or warranties will at the Owner’s election be limited to and completely discharged by either of the following as determined by the Owner:
      1.  the supplying of the hire again, or
      2.  the payment of the cost of having the hire supplied again.
   4. Except to the extent provided in clauses 9.i, 9.ii and 9.iii, the Owner will have no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise, however suffered or incurred by any such person in relation to the Goods supplied under hire by the Owner to the Customer and without limiting the generality of this provision, any loss or damage consequential or otherwise however suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, defect or deficiency of whatever nature or kind of or in the Goods.
   5. Should the Customer consider that it has any claim against the Owner which, having regard to these terms and conditions, the Customer is entitled to make, it is a condition of the Owner considering such claim that the Customer:
      1. immediately upon becoming aware of the circumstances giving rise to such a claim, notify the Owner in writing of the nature of the claim.
      2. provide the Owner its servants or agents with reasonable access, during normal working hours or as otherwise agreed to by the parties, to the Customer’s premises or any other place where the Goods are located, for the purposes of conducting such tests and examinations as the Owner may in its absolute discretion consider necessary to determine whether the claim is justified.

10. RETENTION OF TITLE 
    1. The Customer acknowledges that the Owner retains ownership of the Goods, and that the Customer has the right to use the Goods as bailee only. 

11. DEFAULT, REPOSSESSION AND REMEDIES 
    1. Time is of the essence of this Agreement. If the Customer defaults in the payment of any sum due under this Agreement or in the performance of any obligation contained in these Terms and Conditions or the Customer becomes insolvent or bankrupt or admits in writing an inability to pay its debts as they fall due or makes an assignment for the benefit of creditors, or if bankruptcy, reorganisation arrangements insolvency or liquidation proceedings or other proceedings for relief under any bankruptcy law or any other similar law are instituted by or against the Customer or if assets are levied upon or are otherwise seized or taken from the Customer by or on behalf of any other person, each of which events is hereby called an “event of default”, then the Owner may at any time by written notice to the Customer immediately terminate this Agreement and/or declare the charges payable in respect of any unexpired part of the Hire Period immediately due and payable.
    2. Having regard for the operation of Clause 10 in an event of default the Owner, after having given the Customer twenty-four (24) hours’ notice, may retake and hold possession of the Goods before, pending or after any action to recover any sums due under these terms and conditions free from all claims whatsoever by or through the Customer and the Owner may with or without legal process, enter upon any premises where the Goods or any part thereof may be found and recover the Goods using such force as may be reasonably necessary so to do and repossess the Goods without prejudice to any other remedy which it might have on account of an event of default.
    3. The Owner may as a matter of right retain all payments made in respect of the hire and recover in full charges declared due and payable as set out in these terms and conditions as well as other damages (if any) that the Owner may have sustained as a result of an event of default, and neither the recovery of a judgment in such action or the collection of any portion of such charges or damages will be deemed inconsistent with or to waive or prevent any other right or remedy of the Owner under this Agreement or referred to or existing under applicable law it being understood and agreed that each and all of the rights and remedies of the Owner under this Agreement are cumulative to and not in lieu of each and every other such right and remedy.

12. GOVERNING LAW

This Agreement is governed by the laws of the State of Victoria and each party submits to the exclusive jurisdiction of the Courts of the State of Victoria.

13. WAIVER

The failure of the Owner at any time to require strict performance by the Customer of any matter will not be deemed a waiver of the Owner’s rights unless it is agreed to by the Owner in writing and the Owner will have the right to insist upon such performance at any time in the future.

14. PRINCIPAL LIABILITY

Any signatory for a customer or a proprietary company Customer warrant that he is duly and properly authorised to act on behalf of the Customer and will be and remain personally responsible for the due performance of the Customer’s obligations as if the signatory was the Customer. If required by the Owner, the signatory will procure the execution by all Customer company directors of a guarantee to be prepared by or on behalf of the Owner.

15. SCHEDULE OF ADDITIONAL CHARGES*

Lost / Damaged Tailcoat                    $600.00*

Lost / Damaged Morning Trousers    $200.00*

Lost / Damaged Dinner Jacket           $400.00*

Lost / Damaged Dinner Trousers       $200.00*

Lost / Damaged Shirts                        $100.00*

Lost / Damaged Ties                          $50.00*

Lost / Damaged Shoes                       $100.00*

Lost Damaged Cufflinks / Studs         $50.00*

Unreturned Suit Bag / Hanger            $10.00*

*Charges Subject to Change Without Notice