Common use of BREAKDOWNS AND REPAIRS Clause in Contracts

BREAKDOWNS AND REPAIRS. a) The Hirer will be responsible to TEN Hire for the cost of any repair, replacement, reinstatement or re-calibration of any Equipment lost, damaged, destroyed, stolen or returned in an unusable condition during the period of this agreement caused as a result of the Hirer and/or its contractors, workmen or agents, negligence or misuse of the Equipment. The amount payable by the Hirer shall be the cost of repair, replacement or re-calibration as assessed by TEN Hire. b) TEN Hire may at its absolute discretion and for such period as is expedient replace the Equipment with alternative equipment with similar specifications. These Terms and Conditions shall apply to the hire of any replacement equipment. c) The Hirer must notify TEN Hire as soon as reasonably practicable of any mechanical breakdown of Equipment by giving notice of the nature of the breakdown and the repairs that are required to be undertaken to the Equipment to rectify the breakdown. The Hirer must seek written authority from TEN Hire, which shall be granted at TEN Hire's absolute discretion, to organise repairs to the Equipment. d) In respect of the damage or loss of Equipment of a kind set out in sub-clause (a) the Hirer shall continue to pay rental until the equipment has been replaced or repaired such that it is suitable for re-hire. All other charges will be passed on to the Hirer e.g. Transportation and handling costs. a) The Hirer agrees to comply with Privacy Law. b) The Hirer acknowledges that it has read and agrees to the Collection Notification Statement and the Supplier’s Privacy Policy. c) The Hirer consents, acknowledges and agrees that: (i) any personal information provided to Supplier may be transferred to and stored at a destination outside Australia, or processed by Personnel or other third parties operating outside of Australia, being New Zealand where it utilises third party service providers to assist TEN in connection with this Agreement; and (ii) by entering into the Agreement and submitting personal information to TEN, the Hirer expressly agrees and consents to the disclosure, transfer, storing or processing of any personal information outside of Australia in the manner permitted by paragraph 20c)(i). d) In providing this consent, the Hirer understands and acknowledges that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information.