Terms and Conditions

1. INTRODUCTION

RENTECA - TERMS & CONDITIONS OF SALE
Where the Goods have been on-sold by the Customer, the Customer will be taken to

In this agreement, “the Supplier” means Renteca Pty Ltd ABN 62 104 302 016 trading as Renteca, its successors and assigns or any person acting on behalf of and with the authority of Renteca Pty Ltd; “the Customer” means the person or business entity purchasing from the Supplier and named as the Customer on the Sales Form; “Sales Form” means the agreement between the Supplier and the Customer and includes these terms and conditions; “Equipment” means all equipment sold to the Customer by the Supplier including but not limited to welding machinery, trailers and associated equipment and consumables; and “Site” means the place where the Supplier’s Equipment is to be delivered.
2. CREDIT ACCOUNT FACILITY
A credit facility is available on request to the Supplier. The Supplier will require the Customer to complete a credit application form before a credit account is considered. The granting of the account is subject to payment terms of strictly thirty (30) days from month end.
3. NON-ACCOUNT HIRERS
Where the Customer does not hold a credit account, payment for the sale must be made in advance and before the Equipment is delivered to the Customer.
4. QUOTES
The Supplier may give the Customer a quote specifying the Equipment to be sold as requested by the Customer and an estimate of the Supplier’s charge for such Equipment.
5. VARIATIONS
Should the Customer make changes to the original quote, this will constitute a variation and the Customer shall indemnify the Supplier from any additional cost incurred.
6. DELIVERY/COLLECTION
6.1 The Supplier shall use its best endeavours to have the Equipment delivered by the agreed time, but the Supplier will not be liable to the Customer for late delivery, non- delivery or any loss or damage occasioned to the Customer for such late or non-delivery.
6.2 Arrangements can be made for the Customer to collect the Equipment, providing a suitable vehicle is provided. Confirmation must be obtained from the Supplier’s office during normal office hours.
7. PAYMENT
Unless otherwise advised in writing, the Supplier’s payment terms are full payment prior to delivery or collection or strictly 30 days from the end of month of invoice date if credit terms are confirmed in writing.
8. PAYMENT DEFAULT
Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation relating to payment, the Supplier reserves the right to:
a) charge a monthly administration fee of twenty five dollars ($25) on accounts that exceed agreed payment terms;
b) charge interest at a rate of 15% per annum calculated on a daily basis on amounts not paid within the payment terms;
c) remove the Equipment from the Site; and
d) charge the Customer for any costs, expenses or losses incurred by the Supplier as a result of the Customer’s failure to pay to the Supplier all sums outstanding as owed by the Customer to the Supplier including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.
9. CANCELLATION
The Customer shall reimburse the Supplier for any costs, expenses or losses incurred by the Supplier should the Customer cancel a confirmed order or quote. The time for payment for such cancellation shall be seven (7) days from the Supplier’s tax invoice.
10. PRIVACY
10.1 The Customer hereby authorises the Supplier to collect, retain, record, use and disclose consumer and/or commercial information about the Customer, in accordance with the Privacy Act 1988 and the Privacy Principles outlined in the Privacy Amendment Act 2012, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Supplier, a debt collector, credit reporting body and/or any other individual or organisation which maintains credit references and/or default listings.
10.2 Subject to the Privacy Principles outlined in the Privacy Amendment Act 2012, the Customer further authorises the Supplier to collect, retain, record, use and disclose personal information about the Customer for the marketing of the Equipment provided by the Supplier.
11. LIABILITY
11.1 Non-excludable Rights
The parties acknowledge that, under the Australian Consumer Law, certain conditions and warranties may be implied in these terms and conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods and of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).
11.2 Disclaimer of Liability
The Supplier disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Supplier for a breach of a Non-Excludable Right is limited, at the Supplier’s option to supplying Equipment again or refunding the price paid.
11.3 Indirect Losses
Notwithstanding any other provision of these terms and conditions, the Supplier is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Customer for:
a) any increased costs or expenses;
b) any loss of profit, revenue, business, contracts or anticipated savings;
c) any loss or expense resulting from a claim by a third party; or
d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the failure of the Supplier to supply or delay in supplying the Equipment.
11.4 Force Majeure
The Supplier will have no liability to the Customer in relation to any loss, damage or expense caused by the failure of the Supplier to supply the Equipment as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Supplier’s normal suppliers to supply necessary parts or any other matter beyond the Supplier’s control.
12. SECURITY AND CHARGE
The Customer hereby charges all property, both equitable and legal, present or future of the Customer in respect of any monies that may be owing by the Customer to the Supplier under the terms and conditions or otherwise and hereby authorises the Supplier or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Customer at any time.
13. RETENTION OF TITLE
13.1 Title
Notwithstanding the delivery of the Goods, title in any particular Goods shall remain with the Supplier regardless of whether the Goods are on-sold by the Customer until the Customer has paid and discharged any and all monies owing pursuant to any invoice issued by the Supplier for the Goods, including all applicable GST and other taxes, levies and duties.  Where the customer has onsold the goods the customer will be taken to hold the proceeds of sale of such Goods upon trust for the Supplier and to account to the Supplier for these proceeds. Any payment made by or on behalf of the Customer which is later avoided by the application of any Statutory Provisions shall be deemed not to discharge the Supplier’s title in the Goods nor the Customer’s indebtedness to the Supplier and, in such event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.

13.2 Bailment
The Customer acknowledges that it is in possession of the Goods solely as Bailee until payment of all invoices for the Goods is made pursuant to clause 13.1 and until that time:
a) the Customer is not entitled to sell the Goods but only in the ordinary course of business;
b) the Customer must not encumber or otherwise charge the Goods; and
c) the Customer shall be fully responsible for any loss or damage to the Goods whatsoever and howsoever caused following delivery of the Goods to the Customer.
13.3 Repossession
The Customer hereby irrevocably grants to the Supplier the right, at its sole discretion, to access the Customer’s property and remove or repossess any Goods from the Customer and sell or dispose of it, and the Supplier shall not be liable to the Customer or any person claiming through the Customer and the Supplier shall be entitled to retain the proceeds of any Goods sold and apply same towards the Customer’s indebtedness to the Supplier. If the Customer commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this agreement, then the Supplier may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Customer on any account which has not been paid in accordance with the terms and conditions herein and commence proceedings to recover the balance of any monies owing the Supplier by the Customer.
14. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)
14.1 In this clause, the following words have the respective meanings given to them in the PPSA: Financing Statement, Financing Change Statement, Proceeds, Register, Security Agreement, Security Interest and Verification Statement.
14.2 The Customer acknowledges and agrees:
a) that these Terms & Conditions constitute a Security Agreement that creates a Security Interest in all Equipment (and Proceeds):
(i) previously supplied by the Supplier to the Customer;
(ii) to be supplied in the future by the Supplier to the Customer;
b) that the Security Interest created by these Terms & Conditions is a continuing Security Interest in all Equipment (supplied now or in the future by the Supplier to the Customer) and Proceeds, which will operate (despite any intervening payment or settlement of account) until the Supplier has signed a release;
c) to waiver its rights under s157 of the PPSA and the following subsections of s115 of the PPSA, which will not apply to the Security Agreement created by these Terms and Conditions: 95, 117, 118, 121(4), 130, 132(4), 135 and 143.
14.3 The Customer undertakes to:
a) keep all Equipment free of any charge, lien or Security Interest except as created under these Terms & Conditions and not otherwise deal with the Equipment in a way that may prejudice any rights of the Supplier under these Terms & Conditions or the PPSA;
b) sign any further documents and provide any further information (which must be complete, accurate and up-to-date in all respects) that the Supplier may require to:
(i) register a Financing Statement or Financing Change Statement in relation to a Security Interest on the Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 14.3(b) (i) or 14.3(b) (ii);
c) indemnify, and upon demand reimburse, the Supplier for all fees (including actual legal fees on a solicitor/own client basis), costs, disbursements and expenses in:
(i) registering and maintaining a Financing Statement or Financing Change Statement on the Register or releasing any Goods charged thereby; and
(ii) enforcing or attempting to enforce the Security Interest created by these Terms & Conditions.
d) not register, or allow to be registered, a Financing Statement or a Financing Change Statement in respect of the Equipment or Proceeds in favour of a third party, without the prior written consent of the Supplier; and
e) immediately advise the Supplier of any material change in its business details (including, but not limited to, it’s trading name, address, facsimile number) or business practices.
15. WARRANTY
The Supplier shall provide a three month warranty on used or refurbished Equipment.
16. CONSUMABLES AND TRADE MATERIALS
The Customer shall be charged for consumables & trade materials sold by the Supplier.
17. RE-TESTING AND RE-TAGGING
The Customer is responsible for arranging the re-testing and re-tagging of the electrical equipment by a suitably qualified person, in accordance with the manufacturer’s instructions and the Australian Standard/s and Regulatory Authority requirements. Any damage done to the Equipment resulting from incorrect testing shall be at the Customer’s cost.
18. GENERAL MATTERS
18.1 Non-Waiver
Failure by the Supplier to enforce or delay in enforcing any right or provision of these terms and conditions will not constitute a waiver of such right or provision unless acknowledged and agreed in writing.
18.2 Severability
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
18.3 Amendments to Terms & Conditions
The Supplier reserves the right to vary these terms and conditions at any time with notice in writing to the Customer. Any subsequent hires will represent the Customer’s agreement to the terms and conditions as amended.
18.4 Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the State of Queensland and all disputes arising between the Customer and the Supplier will be submitted to the Brisbane Registry of any Court as is competent to hear the matter.

Hire Terms and Conditions

1. INTRODUCTION
In this agreement, “the Owner” means Renteca Pty Ltd ABN 62 104
302 016 trading as Renteca and as Brisbane Welder Repairs, its successors and assigns or any person acting on behalf of and with the authority of Renteca Pty Ltd; “the Hirer” means the person or business entity hiring equipment from the Owner and named as the Hirer on the Hire Agreement; “Hire Agreement” means the agreement between the Owner and the Hirer and includes these terms and conditions; “Equipment” means all equipment hired to the Hirer by the Owner including but not limited to welding machinery, trailers and associated equipment and consumables; and “Site” means the place where the Owner’s Equipment is to be operated.
2. CREDIT ACCOUNT FACILITY
A credit facility is available on request to the Owner. The Owner will require the Hirer to complete a credit application form before a credit account is considered. The granting of the account is subject to payment terms of strictly thirty (30) days from month end.
3. NON-ACCOUNT HIRERS
Where the Hirer does not hold a credit account, payment for the Hire Period must be made in advance and before the Equipment is delivered to the Hirer.
4. QUOTES
The Owner may give the Hirer a quote specifying the Equipment to be hired as requested by the Hirer and an estimate of the Owner’s charge for the hire of such Equipment.
5. VARIATIONS
Should the Hirer make changes to the original quote or confirmed hire arrangements, this will constitute a variation and the Hirer shall indemnify the Owner from any additional cost incurred.
6. DELIVERY/COLLECTION
6.1 The Owner shall use its best endeavours to have the Equipment delivered by the agreed time, but the Owner will not be liable to the Hirer for late delivery, non-delivery or any loss or damage occasioned to the Hirer for such late or non-delivery.
6.2 Arrangements can be made for the Hirer to collect the Equipment, providing a suitable vehicle is provided. Confirmation must be obtained from the Owner’s office during normal office hours.
7. HIRE PERIODS
7.1 The hire shall commence from the time and date the Equipment leaves the premises of the Owner until the Owner is notified by the Hirer that the Equipment is available for collection, at which time the Hirer will be given an off-hire number as verification that such notification has been received.
7.2 Late Notice
In the event of insufficient collection notice being given (outside normal business hours), then the Hirer shall be responsible for the safe keeping of the Equipment until such time as the Owner can arrange transportation within reasonable working hours.
7. 3 Hire Rates
The daily rate is based upon the Equipment being hired for a maximum hire period of 10 hours. If used in excess of 10 hours per day an additional charge will apply.
8. HIRE CHARGES
The Hirer shall be liable for:
a) all hire charges and any other amounts payable in accordance with these terms and conditions within the time specified in the quote or Hire Agreement;
b) travel time charges from depot to depot, assessed according to time and distance involved;
c) freight charges for delivery and collection of Equipment, and waiting times and delays caused by the Hirer;
d) any loss or damage to the Equipment, the whole or part of the cost of replacement or repair of the Equipment; and
e) tolls, levies offences (traffic/parking) or like charges paid or payable by the Owner to any government body in respect of use of the trailered Equipment.
9. TUNNEL INSURANCE
Should the Owner give permission for the Equipment to be used in a tunnel construction site, then the cost of appropriate insurance cover will be the Hirer’s responsibility.
10. THE HIRER’S RESPONSIBILITIES
The Hirer shall:
a) be responsible for any loss or damage to the Equipment if such loss is caused by the negligence of the Hirer or any persons under the Hirer’s control;
b) not alter, make any additions to, deface or erase any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;
c) be responsible for any loss or damage resulting from lack of lubrication, or other normal servicing of the Equipment;

and condition, reasonable wear and tear expected. This includes supplying all fuel, oil and greases necessary for the operation, service and maintenance of the Equipment. Failure to maintain the Equipment during the hire period and/or return it in a clean state will incur additional cost to the Hirer;
e) notify the Owner immediately of Equipment failure (for any reason whatsoever). The Owner may determine not to charge hire during the time the Equipment is down, unless such condition is due to negligence or misuse on the part of or attributed to the Hirer. Such notification does not absolve the Hirer from its obligation to safeguard the Equipment;
f) at all times exercise due care that the Equipment is operated by persons duly authorised under all relevant laws, by-laws and regulations to be operating such Equipment for the purpose and within the capacity for which it was designed to be used. The Hirer shall take all reasonable precautions to prevent bodily injury or damage to property and to comply with all statutory obligations and by-laws and regulations imposed by any Public Authority for the safety of persons and property as though the Hirer was the Owner;
g) upon completion of the Hire, return the Equipment in equal order (fair wear and tear excepted).
11. ON-HIRE OF EQUIPMENT
11.1 The Hirer shall not in any way part with possession, relocate the Equipment, nor assign the Hire Agreement without duly advising the Owner the details of the person or entity now in possession of the Equipment.
11.2 If the Hirer is on-hiring the Equipment, then the Hirer:
a) accepts liability for the return of the Equipment or its value;
b) confirms that a Security Interest will be registered in the
Owner’s Equipment; and
c) acknowledges that the Owner may register a Chattel Paper Security interest against the Hirer.
12. PAYMENT AND PAYMENT DEFAULT
12.1 Unless otherwise agreed in writing, payment for the hire period must be made in advance and before the Equipment is delivered.
12.2 Without prejudice to any other remedies the Owner may have, if at any time the Hirer is in breach of any obligation relating to payment, the Owner reserves the right to:
a) charge a monthly administration fee of twenty five dollars ($25) on accounts that exceed agreed payment terms;
b) charge interest at a rate of two percent (2%) above the commercial lending rate of the Bendigo Bank calculated on a daily basis on amounts not paid within the payment terms;
c) remove the Equipment from the Site; and
d) charge the Hirer for any costs, expenses or losses incurred by the Owner as a result of the Hirer’s failure to pay to the Owner all sums outstanding as owed by the Hirer to the Owner including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.
13. PRIVACY
13.1 The Hirer hereby authorises the Owner to collect, retain, record, use and disclose consumer and/or commercial information about the Hirer, in accordance with the Privacy Act 1988 and the Privacy Principles outlined in the Privacy Amendment Act 2012, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Owner, a debt collector, credit reporting body and/or any other individual or organisation which maintains credit references and/or default listings.
13.2 Subject to the Privacy Principles outlined in the Privacy Amendment Act 2012, the Hirer further authorises the Owner to collect, retain, record, use and disclose personal information about the Hirer for the marketing of the Equipment provided by the Owner.
14. LIABILITY
14.1 Non-excludable Rights
The parties acknowledge that, under the Australian Consumer Law, certain conditions and warranties may be implied in these terms and conditions and there are rights and remedies conferred on the Hirer in relation to the provision of goods and of services which cannot be excluded, restricted or modified by agreement (“Non- excludable Rights”).
14.2 Disclaimer of Liability
The Owner disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Hirer, by statute, the common law, equity, trade, custom or usage or

otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Owner for a breach of a Non-Excludable Right is limited, at the Owner’s option to supplying Equipment again or refunding the price paid.
14.3 Indirect Losses
Notwithstanding any other provision of these terms and conditions, the Owner is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Hirer for:
a) any increased costs or expenses;
b) any loss of profit, revenue, business, contracts or anticipated savings;
c) any loss or expense resulting from a claim by a third party; or
d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the failure of the Owner to supply or delay in supplying the Equipment.
14.4 Force Majeure
The Owner will have no liability to the Hirer in relation to any loss, damage or expense caused by the failure of the Owner to supply the Equipment as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Owner’s normal suppliers to supply necessary parts or any other matter beyond the Owner’s control.
15. SECURITY AND CHARGE
The Hirer hereby charges all property, both equitable and legal, present or future of the Hirer in respect of any monies that may be owing by the Hirer to the Owner under the terms and conditions or otherwise and hereby authorises the Owner or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Hirer at any time.
16. RETENTION OF TITLE
16.1 Title
The Equipment shall remain the property of the Owner at all times. The Hirer is not entitled to sell, transfer, mortgage, charge or encumber in any way the Equipment nor (unless otherwise agreed in writing) part with possession of the Equipment or assign the benefit of the Hire Agreement.
16.2 Repossession
If the Hirer commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of these terms and conditions, then the Owner may remove or repossess the Equipment and may, without prejudice to any other remedies it may have, commence proceedings to recover the balance of any monies owing to the Owner by the Hirer.
17. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)
17.1 In this clause, the following words have the respective meanings given to them in the PPSA: Financing Statement, Financing Change Statement, Proceeds, Register, Security Agreement, Security Interest and Verification Statement.
17.2 The Hirer acknowledges and agrees:
a) that these Terms & Conditions constitute a Security Agreement that creates a Security Interest in all Equipment (and Proceeds):
(i) previously supplied by the Owner to the Hirer;
(ii) to be supplied in the future by the Owner to the Hirer;
b) that the Security Interest created by these Terms & Conditions is a continuing Security Interest in all Equipment (supplied now or in the future by the Owner to the Hirer) and Proceeds, which will operate (despite any intervening payment or settlement of account) until the Owner has signed a release;
c) to waiver its rights under s157 of the PPSA and the following subsections of s115 of the PPSA, which will not apply to the Security Agreement created by these Terms and Conditions: 95, 117, 118, 121(4), 130, 132(4), 135 and 143.
17.3 The Hirer undertakes to:
a) keep all Equipment free of any charge, lien or Security Interest except as created under these Terms & Conditions and not otherwise deal with the Equipment in a way that may prejudice any rights of the Owner under these Terms & Conditions or the PPSA;
b) sign any further documents and provide any further information (which must be complete, accurate and up- to- date in all respects) that the Owner may require to:
(i) register a Financing Statement or Financing Change Statement in relation to a Security Interest on the Register;

(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 17.3(b) (i) or 17.3(b) (ii);
c) indemnify, and upon demand reimburse, the Owner for all fees (including actual legal fees on a solicitor/own client basis), costs, disbursements and expenses in:
(i) registering and maintaining a Financing Statement or Financing Change Statement on the Register or releasing any Goods charged thereby; and
(ii) enforcing or attempting to enforce the Security Interest created by these Terms & Conditions.
d) not register, or allow to be registered, a Financing Statement or a Financing Change Statement in respect of the Equipment or Proceeds in favour of a third party, without the prior written consent of the Owner; and
e) immediately advise the Owner of any material change in its business details (including, but not limited to, it’s trading name, address, facsimile number) or business practices.
18. TERMINATION
18.1 Without prejudice to any other remedies the Owner may have against the Hirer, and notwithstanding any period of hire stated in the Hire Agreement, the Owner may terminate the Hire Agreement:
a) upon giving to the Hirer 2 days written notice of termination at any time during the period of hire;
b) without notice if the Hirer shall have a winding up petition presented against it, or be wound-up or go into voluntary liquidation or if a receiver is appointed or if it makes an assignment or compromise for the benefit of its creditors or if its business is placed under official management or if it ceases to carry on business; or
c) without notice if the Hirer shall commit any breach of the Hire Agreement.
18.2 Subject to clause 18.1(a) upon termination the Owner shall be entitled, without notice, to take possession of the Equipment, for which purpose the Hirer hereby irrevocably appoints the Owner as its agent for collection and licenses the Owner to enter any land or premises of the Hirer or under its control upon which the Equipment is situated at the time of termination.
18.3 The right of termination is in addition to any other rights under the Hire Agreement and does not exclude any right or remedy under law or equity or the survival of other terms under the Hire Agreement.
19. GENERAL MATTERS
19.1 Consumables and Trade Materials
The Hirer shall be liable for charges made for consumables and trade materials provided by the Owner.
19.2 Electrical Equipment Re-Testing and Re-Tagging
The Hirer is responsible for arranging at the Hirer’s expense the re- testing and re-tagging of the electrical equipment by a suitably qualified person, in accordance with the manufacturer’s instructions and the Australian Standard/s and Regulatory Authority requirements. Any damage done to the Equipment resulting from incorrect testing shall be at the Hirer’s cost. The Hirer has the option of the Owner arranging the testing and the Hirer shall indemnify the Owner from such cost.
19.3 Warranties on Used or Refurbished Equipment
The Owner shall provide a three month warranty on used or refurbished Equipment.
19.4 Non-Waiver
Failure by the Owner to enforce or delay in enforcing any right or provision of these terms and conditions will not constitute a waiver of such right or provision unless acknowledged and agreed in writing.
19.5 Severability
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
19.6 Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the State of Queensland and all disputes arising between the Hirer and the Owner will be submitted to the Brisbane Registry of any Court as is competent to hear the matter.