TOOLO LTD – LOAN TERMS & CONDITIONS
- LOAN AGREEMENT BETWEEN TOOLO LTD AND THE BORROWER
These Borrowing Terms and Conditions, together with:
(a) TOOLO LTD – DEED OF RELEASE FROM LIABILITY AND AGREEMENT, whether signed or not; and
(b) any Safety, Maintenance and Operation Information Sheet;
set out the terms of the loan agreement between Toolo Ltd “Toolo” and the “Borrower”.
“Equipment” means any equipment or tools provided by Toolo to the Borrower, including any associated or attached tools, accessories and parts available for hire.
“Loan Period” means the period described in clause 4.
“The Borrower” refers to the person, company, organisation, partnership, corporation, trust or other entity borrowing Equipment from Toolo Ltd. The reference to “The Borrower/ Borrowers” includes any of your employees, agents and contractors.
“Membership” means the conditions described in clause 3.
“Toolo Website” means the domain name http://www.toolo.com.au and any of it’s subsequent pages.
3.1. Borrowers must be over the age of 18 to borrow tools from Toolo.
3.2. Borrowers must register with Toolo prior to borrowing Equipment. Registration includes the completion of an application form and verification of the Borrower’s identity. Verification is accomplished by presenting current photo ID together with a utility bill issued within the previous 3 months, both displaying the same address.
3.3. Borrowers are only entitled to borrow Equipment from Toolo while they maintain a fully paid up membership. Membership fees are set out on the Toolo Website (“Toolo Website”) and Borrowers should check the Toolo Website prior to renewing their Membership for any Membership fee changes.
3.4. The Borrower may not borrow any Equipment until he/she has signed the TOOLO LTD – DEED OF RELEASE FROM LIABILITY.
3.5. Toolo retains the right to refuse to lend Equipment to any person for any reason other than contrary to Australian law.
3.6. The Borrower may not borrow any Equipment until he/she has paid in full the membership fee and has received their unique borrowing number and membership card.
- BORROWING TOOLS AND RETURN OF TOOLS
4.1. Toolo will be open for Borrowers to borrow and return tools at the times set out on the Toolo website www.toolo.com.au however, these opening times are subject to change at Toolo’s sole discretion.
4.2. Borrowers may borrow up to seven tools at one time.
4.3. Tools may only be returned during Toolo’s opening hours as set out above. (a) For tools borrowed on a Saturday, they must be returned no later than 10am on the following Saturday. (b) For tools borrowed on a Wednesday, they must be returned no later than 6pm on the following Wednesday.
4.4. “Day-of” renewals may be possible, however, Borrowers must be prepared to return all items by the return times set out in clause 4.3 above (“Return Date”) . Toolo reserves the right to refuse or limit renewals, and will do so based on demand.
4.5. If any tools are not returned by the Return Date, Toolo will issue an overdue notice. If the tools are not returned by the date stipulated in the overdue notice, appropriate steps will be taken to retrieve them, including the use of a collection agency and/or legal action.
4.6. Borrowers must pay the following late fines for each item kept past the Return Date:. (a) $1.00/day/tool for hand tools; and (b) $3.00/day/tool for power tools
4.7. Fines must be paid in full before borrowing any additional tools.
4.8. Immediately upon request from Toolo the Borrower must pay: (a) the price charged to Toolo for any tool which, for whatever reason, is not returned to Toolo; (b) all costs incurred in cleaning any tools which are returned in an unclean state; (c) the full cost of repairing any damage to any Equipment; (d) any fines payable pursuant to clause 4.6; and (e) all costs incurred by Toolo in recovering possession of any tools (including legal costs).
- USE OF TOOLS
5.1. Only the Borrower is authorised to use Toolo’s Equipment. The Borrower must not permit any Toolo Equipment to be used by any other person unless with the express permission of BTL. The Borrower must not part with possession of any Toolo tools he/she has borrowed.
5.2. The Borrower agrees that if any borrowed Equipment becomes unsafe or in a state of disrepair, they will immediately discontinue use of the tool and notify Toolo of the issue on return, if not earlier. The Borrower must not attempt to repair or tamper with any Toolo Equipment.
5.3. The Borrower agrees: (a) to satisfy itself prior to borrowing the tools that they are suitable for the Borrower’s intended purpose; (b) operate the tools safely, strictly in accordance with Australian law, only for its intended use and in accordance with any manufacturer’s instructions provided with or on the tools (if any); (c) operate the tools with the an adequate power source (if applicable); (d) conduct a thorough hazard and risk assessment before using the tools; and (e) return the tools in a clean state and in good repair.
5.4 The Borrower must agree to use Equipment in a proper manner and in a way in which the tool was designed to be used.
6.1 Wherever you are moving the Equipment, you must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
- CHANGE OF RULES
7.1 The Borrower should check the Toolo Website prior to borrowing any Toolo Equipment for any changes to these Loan Terms and Conditions. However, Toolo agrees that changes to these Terms and Conditions will not apply with respect to a loan period commenced prior to the date the rule change took place.