SCF Online Containers

Specialists in shipping container sales, hire and design

Terms & Conditions

Terms & Conditions

This website is owned and operated by SCF GROUP PTY LTD (Company). By using this website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree you may not use this website.

The Company reserves the right, at any time to modify, alter or update these General Terms and Conditions of Sale or Hire and you agree to be bound by such modifications, alterations or updates on subsequent visits. These General Terms and Conditions of Sale or Hire are applicable to all purchases from the Company.

Agreement to Lease

1. Providing the Lessee complies in all respects with the terms and conditions of this Agreement, SCF agrees to lease the Containers to the Lessee:
1.1 For the duration of the Hiring Period, and
1.2 At the Rental Charge, as provided in this Agreement.

2. HIRING PERIOD
2.1 The Hiring Period shall be for the period specified in the Schedule. If not specified the hire period will commence from gate out date from the depot.

3. RENTAL
3.1 The Lessee shall pay SCF Group the Rental Charge specified in the Schedule and any associated GST, and any other Government imposts applicable to this Agreement.
3.2 Payment of the Rental Charge shall be by direct credit to SCF Group nominated bank account.

4. COSTS
4.1 Each of the parties hereto shall bear their own costs (including legal costs) in relation to the negotiation and preparation of this Agreement.
4.2 The Lessee will pay to SCF Group any GST, and any other Government imposts applicable to the Rental Charges or to this Agreement.

5. PAYMENTS
5.1. Any monies payable by the Lessee to SCF Group under this Agreement including the Rental Charge must be paid without any set off or counterclaim and free of any deduction or abatement whatsoever.
5.2 The Lessee shall pay SCF Group upon demand the costs and expenses (including debt collection fees and commission and legal costs on a solicitor client basis) incurred or payable by SCF Group in respect of the recovery and any attempted recovery of any monies payable by the Lessee to SCF Group under this Agreement as a result of a breach by the Lessee.
5.3 The payment by the Lessee of the Rental Charge and any other moneys payable by the Lessee to SCF Group under this Agreement is an essential term of this Agreement, and is to be paid within 30 days of the invoice being presented to the Lessee by SCF Group.
5.4 If any monies payable by the Lessee to SCF Group under this Agreement are not paid on or by the due date for payment the Lessee shall be liable for
5.4.1 An administrative charge of $50 per month or part thereof that each monthly Rental Charge remains in arrears
5.4.2 Interest on the outstanding amount in accordance with the following provisions:
5.4.2.1 The rate of interest shall be that charged from time to time by the ANZ Bank on commercial overdraft facilities plus 4.0%pa,
5.4.2.2 The interest will accrue on and from the due date of payment of the outstanding amount up to the date of payment, and
5.4.2.3 Interest will be calculated on a daily basis and will be compounded on the last day of each month.

6. USE OF CONTAINERS
When using the Containers the Lessee shall:
6.1 comply with reasonable handling and operating standards, including any provided by SCF Group,
6.2 ensure that the Containers are not used for any purpose, for which they were not designed,
6.3 ensure that any person handling, operating or using the Containers has had any required training and that they will use reasonable care, skill and diligence at all times,
6.4 not load the Containers beyond the load capacity limit specified or recommended for the Containers, and
6.5 comply with all applicable laws, statutes and regulations including all rules and practices of ports, storage and transport companies regulating or affecting the use of containers and any goods or substances that can be stored or carried in the Containers.
6.6 The Lessee shall ensure that its employees, agents and contractors comply with the provisions of Clause 6 and the Lessee shall be responsible and liable to SCF Group for any failure to comply by its employees, agents and contractors.

7. IDENTIFICATION
7.1 The Lessee shall keep the Container’s identification plate which states that the Container is the property of SCF Group in good condition and shall not obliterate, deface or cover up the identification plate.
7.2 The Containers are identified by appropriate lettering and numbering, which Lessee agrees not to change or obliterate, except with approval from SCF Group.

8. TERRITORY
8.1 The Lessee may use the Containers only within the Territory specified in the Schedule and shall not take or permit any person
to take the Containers outside the Territory.
8.2 Upon request by SCF Group, the Lessee shall advise SCF Group in writing of:
8.2.1 The location of each Container, and
8.2.2 The locations where the Containers were used or stored and the dates thereof at any time during the Hiring Period.

9. DELIVERY & TRANSPORTATION
9.1 The Lessee acknowledges and agrees that it shall be solely responsible for all cost involved in the transportations of the containers to the permitted area, and the return of the containers to SCF Group as they may direct or as may be required pursuant to these terms and conditions from time to time.
9.2 The parties acknowledge and agree that unless the parties agree in writing to the contrary, the Lessee shall be responsible for the collection of the containers from SCF Group.
9.3 In the event that SCF Group is required, notwithstanding the provisions of these terms and conditions, to effect transportations of the containers, the Lessee agrees to pay the cost of transportation to SCF Group or upon invoice. The Lessee agrees that the containers shall be at the risk of the Lessee at all times including transports of the containers as arranged by SCF Group.
9.4 The Lessee acknowledges and agrees that SCF Group shall not be liable in any event or circumstance to the Lessee for any loss, damage, claims, costs or expenses of any kind suffered by the Lessee arising out of any delay or inability on the part of SCF Group to supply the containers to the Lessee at the Commencement Date.
9.5 The Lessee further acknowledges and agrees that it shall be obliged to return the containers to the return depots as agreed in the Lease Schedule, and that in the event that it does not do so, the Lessee shall be liable to pay SCF Group the fee specified in the Schedule for the failure to return the containers to the return depots, or if no such fee is specified, then the cost incurred by SCF Group in transporting the containers to the Return depots, as may be invoiced by SCF Group to the Lessee.

10. RETURN OF CONTAINERS
10.1 Unless otherwise agreed with SCF Group, the Lessee shall return the Containers by 4.00 p.m. on the last day of the Hiring Period to the return depots specified in the Schedule. The Containers will be returned in a cleaned condition without debris or residue. Charges will apply for the removal of waste from the Containers.

11. MAINTENANCE AND REPAIRS
11.1 SCF Group warrants the Containers have been delivered in good and serviceable condition and corresponds with the description in the Schedule. Upon delivery the Lessee will within 5 business days advise SCF Group in writing of any damage or structural defect and if necessary will provide SCF Group the opportunity to either repair or substitute the equipment.
11.1.1 Repairs: Appendix “A” attached to this document, specifies SCF Group’s repair standard for Containers supplied under the terms of this Agreement. A more detailed version of SCF Group’s standard can be obtained from head office. Subject to Clause 11 below, SCF Group will at its cost take all reasonable steps to ensure that the Containers are repaired to comply with the SCF Group’s repair standard.
11.1.2 Maintenance: Appendix “A-1” attached to this document describes the regular maintenance standards expected of the Containers. Subject to Clause 11 below, SCF Group will at its cost take all reasonable steps to ensure that the Containers are maintained to comply with the SCF Group’s regular maintenance standards.
11.2 The Lessee shall at its own expense, replace or repair (to SCF Group’s repairs standard), any Container or component thereof that has been damaged, lost, stolen or destroyed as a result of any deliberate or wilful damage caused by any act or omission of the Lessee or any of its employees, agents or contractors .
11.3 The Lessee will at its own cost transport the Containers to the nearest practicable depot notified by the SCF Group to allow the SCF Group to perform any repairs or maintenance on the Containers required to comply with Clause 11. The Lessee will give SCF Group a reasonable time to have the work completed.
11.4 For so long as a Container is in the possession of the SCF Group for the purpose of the SCF Group carrying out repairs or maintenance on the Container, SCF Group must use all reasonable endeavours to provide Lessee with a replacement container meeting the same or substantially the same specifications and the provisions of this Agreement will apply to that replacement container in all relevant respects. Further, the Lessee acknowledges that the SCF Group may at any time during the Hiring Period replace any specific Container with a replacement so long as the replacement is of the same specifications and in substantially the same condition and the Lessee does not incur any disruption or delay in connection with that replacement process.
11.5 During the hire period, the Lessee shall at their own expense, be responsible for all repairs and maintenance on the containers so that at the end of the hire periods (including any extension thereof under this agreement) the containers shall be in a clean and serviceable condition, ready for re-hire with a SCF Approved certified third party certificate. Any units returned in an uncleaned or serviceable condition will incur cost to the Lessee, which include transport to third party for cleaning and residue removal.
11.6 The Lessee shall only use the containers in accordance with IMDG requirements or any other relevant standard.
11.7 The Lessee undertakes to deliver the containers for any periodic maintenance test required by statutory requirements.
11.8 The cost of such required periodic inspection and testing will be to SCF Group’s account. The container shall remain on hire during the testing. Any damage, cleaning and preparation found at the time will be to the Lessee’s account.
11.9 The Lessee cannot make any modifications or alterations to the containers during the hire period unless prior written noticed is given by SCF Group.
11.10 At the termination of this agreement SCF Group may arrange for all or any repairs (including staining and pitting), maintenance, cleaning, removal of waste and/or dunnage, inspection, survey or any other requirement pursuant to Clause 21 to be carried out for and on behalf of the Lessee and at the Lessee’s expense. An Administration charge of $25+GST per container and a repair lift of $10+GST per container will be incurred.

12. LOSS OR DAMAGE
12.1 The Lessee shall be liable to SCF Group for any and all damage to, loss or destruction of the Containers or any of them, arising out of the negligence or wilful acts of the Lessee, its agents, contractors or employees.
12.2 If the Lessee fails to repair any damage to any Container for which it is responsible within a reasonable time and to the reasonable satisfaction of SCF Group then SCF Group may repair the damage and the costs of repair shall be paid by the Lessee to SCF Group within 30 days of the notification of the costs. All Containers will be repaired to the standard set out in Appendix “A” of this lease unless otherwise advised.
12.3 The Lessee shall notify SCF Group immediately if any Container is stolen, lost, destroyed or damaged in any way, fair wear and tear being excluded.
12.4 The Lessee shall pay SCF Group the costs and expenses incurred by SCF Group for and incidental to the purchase of a new Container to replace that which is stolen, lost, destroyed or damaged beyond economic repair due to the negligent or wilful acts of the Lessee, its agents, contractors or employees less the amount of moneys actually received by SCF Group from the insurer pursuant to the insurance policy for the Container stolen, lost, destroyed or damaged beyond economic repair (“the replacement value”). The expression “damaged beyond economic repair” means damaged to the extent where the cost of repairing the damage exceeds “the replacement value” of the same type as the one damaged.
12.5 The Lessee shall pay SCF Group the replacement costs within 30 days of notification of the amount and after such payment SCF Group shall provide the Lessee with a replacement Container as soon as is reasonably possible.
12.6 The Lessee shall continue to pay the Rental Charge for any Container stolen, lost, destroyed or damaged beyond economic repair until the Lessee has paid SCF Group the costs of a replacement.

13. POSSESSION
13.1 For the duration of this Agreement the Lessee shall not without the prior written approval of SCF Group, which consent will not unreasonably be withheld or delayed:
13.1.1 Part with the possession of the Containers, other than in the normal course of the Lessee’s business.
13.1.2 Voluntarily relinquish or part with effective control of the Containers, other than in the normal course of the Lessee’s business.
13.1.3 Assign this Agreement or any right or obligation under this Agreement to any person,
13.1.4 Grant any sub-lease licence or any right to any person to use the Containers or any of them,
13.1.5 Make or authorise any alternation or modification to the Containers; or
13.1.6 Grant or attempt to grant any interest or right to any person in or to the Containers or any of them.

14. OWNERSHIP OF THE CONTAINERS
14.1 SCF Group retains full legal and beneficial ownership of the Containers at all times

15. OPTION TO EXTEND
15.1 Providing the Lessee has duly observed and performed all of its obligations under this Agreement and upon giving SCF Group written notice not less than one (1) month prior to the expiration of the Hiring Period, the Lessee may extend the Hiring Period for all or some of the Containers on the same terms and conditions in this Agreement.
15.2 If the Lessee fails to exercise its rights to extend this Agreement, the Containers will continue to be leased under the terms and conditions of this Agreement until either party gives one month’s notice in writing of its intention to either amend or cease this Agreement.

16. HOLDING OVER
16.1 At the expiration of the Hiring Period, the Lessee may if SCF Group agrees, continue to lease the Containers on a daily basis and subject to the terms and conditions of this Agreement.

17. TERMINATION
SCF Group may terminate this Agreement:
17.1 If the Lessee fails to pay any amount which it owes to SCF Group pursuant to this Agreement or commits any other material or persistent breach or default in the due and punctual performance of any of the Lessee’s obligations under this Agreement and fails to remedy such breach or default within thirty days of notice to the Lessee;
17.2 Upon written notice to the Lessee if the Lessee is presented with a petition for liquidation, has a receiver appointed over any or all of its assets, or makes an arrangement, composition or assignment for the benefit of its creditors.
The Lessee may terminate this Agreement:
17.3 If SCF Group commits any material or persistent breach or default in the due and punctual performance of any of SCF Group’s obligations under this Agreement and fails to remedy such breach or default within thirty days of notice to SCF Group.
17.4 Upon written notice to SCF Group if SCF Group is presented with a petition for liquidation, has a receiver appointed over any or all of its assets, or makes an arrangement, composition or assignment for the benefit of its creditors.
Upon termination of the Agreement and without prejudice to any other right or remedy which SCF Group or the Lessee may have:
17.5 SCF Group shall be entitled to repossess the Containers, For the avoidance of doubt, SCF Group shall also be entitled to repossess the Containers during any period of default referred to in clause 17.1 or if SCF GROUP decides not to terminate the Agreement pursuant to clause 17;
17.6 The Lessee shall immediately return the Containers to SCF Group as specified in Clause 10,
17.7 Either party shall compensate the other party for all losses, damages, costs and expenses but excluding any losses, damages, costs and expenses for business interruption or loss of actual or anticipated revenue, income or profits or any indirect, contingent or penal damages whatsoever incurred or suffered but the first party as a consequence of the second party’s default under the Agreement; and
17.8 All amounts payable by the Lessee under this Agreement and unpaid will, at the option of SCF Group and notwithstanding any delay or previous waiver of the right to exercise that option, immediately become due and payable without the necessity for any demand or notice to the Lessee.

18. WAIVER
18. The waiver of a breach of any condition of this Agreement shall not operate as a general waiver of such condition or of any subsequent breach of that condition or any other condition of this Agreement.

19. SEVERANCE
19. Any condition of this Agreement held by a court to be invalid or unenforceable shall be severed and the remaining provisions shall continue to apply with full force and effect.

20. INDEMNITY
20. The Lessee will indemnify SCF Group and keep SCF Group indemnified against all claims, demands and actions and all losses, damages, costs and expenses incurred or suffered by the Lessee in respect of any death, bodily injury, loss or damage to any person or property whatsoever caused by, arising out of or in connection with the use of the Containers, other than those arising from the negligence or wilful acts of SCF Group, its agents, contractors or employees.

21. INSURANCE
For the currency of this Agreement the Lessee:
21.1 Will insure for the loss and damage to the Containers caused by fire, theft, vandalism, accident and for any other risk as determined by SCF Group, for not less than the stipulated replacement value of the Containers as listed in the Schedule. The insurance policy will name SCF Group as being an interested party.
21.2 Will insure for death and or bodily injury, loss and damage to any person or property caused by, arising out of or in connection with the use of the Containers by the Lessee and its employees, agents and contractors for the amount specified in the Schedule, and
21.3 Agrees that, SCF Group will not insure and will accept no liability for any damage to cargo sustained whilst carried in the containers.
The Lessee shall comply strictly with the terms and conditions of the insurance policy and shall ensure that it does not do anything or fail to do anything which:
21.4 May invalidate or breach the insurance policy, or
21.5 Will or may be likely to cause the insurer to refuse any claim or reduce the payable in respect of any claim under the insurance policy.
21.6 The Lessee shall punctually pay all premiums in respect of the insurance policy on the due date.
21.7 The Lessee shall not enforce, conduct, settle or compromise any claim against the insurer pursuant to the insurance policy without prior written approval of SCF Group.
21.8 Any moneys payable by the insurer in respect of any claim pursuant to the insurance policy shall be paid direct to SCF Group but if paid to the Lessee then the Lessee shall:
21.8.1 Hold all moneys to it in trust for SCF Group, and
21.8.2 Pay the moneys forthwith upon demand.

22. INSPECTION AND ACCESS TO CONTAINERS
22.1 The Lessee shall permit SCF Group or any person authorised by SCF Group to inspect the condition of the Containers upon reasonable notice.
22.2 The Lessee hereby grants to SCF Group and any person authorised by SCF Group the right upon reasonable notice to enter onto any premises or sites owned by the Lessee (or which the Lessee has a right to occupy) on which a Container is located together with any equipment:
22.2.1. To inspect the state and condition of any Container, and
22.2.2. To remove the Containers or any of them if SCF Group is entitled to repossess the Containers.
22.3 The Lessee shall execute all such documents and perform such acts or deeds as may be necessary to allow SCF Group to exercise its right of entry referred to in Clause 22.2

23. NOTICES
23.1 Any notice or other communication in connection with this Agreement is taken to have been duly given when made in writing and delivered or sent by post, email or facsimile to the party to which such notice or communication is intended to be given at the address set out at the beginning of this Agreement or such other address or facsimile number as may be from time to time be notified in writing from one party to the other for the purpose of this Clause.
23.2 Notices to SCF Group shall be sent to the Attention of the Director and either posted to PO Box 10219, Adelaide, SA 5000, or faxed on (08) 8208 0901.
23.3 Any notice or other communication sent by post shall be taken to have been received at the expiration of two Business Days after the date of posting.
23.4 Any notice or other communication sent by facsimile transmission is taken to have been received upon completion of a successful transmission to the recipient. However if the facsimile is transmitted after 5.00 pm at the place of receipt or on a day which is not a Business Day, it shall be deemed to have been received on the next Business Day.

24. GOVERNING LAW
24.1 This Agreement shall be governed by and construed in accordance with the law of the State of South Australia and the parties to this Agreement agree to submit to the jurisdiction of the courts of South Australia.

25. ANZ ACKNOWLEDGEMENT CLAUSE
25.1 The Lessee acknowledges that the Container is subject to a financing arrangement with ANZ Bank Limited, whose rights, powers and remedies as mortgagee/owner of the Container will not in any way be limited, abridged, affected or prejudiced by this agreement.

26. INTERPRETATION
In this Agreement unless the context otherwise requires:
26.1 “SCF Group” refers to SCF Group Pty Ltd
26.2 “Containers” refers to all equipment outlined in the schedule
26.3 Words denoting the singular shall include the plural and vice versa,
26.4 Headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement,
26.5 “Agreement” refers to Agreement to Lease,
26.6 “business day” means a day which is not a Saturday or a Sunday or a public holiday in South Australia,
26.7 “government authority” includes a State and Federal government department and instrumentality, a statutory body, local government, council and a port authority,
26.8 “insurance policy” means an insurance policy affected by the Lessee pursuant to Clause 21 of this Agreement,
26.9 “Hiring Period” means the hiring period described in the Schedule,
26.10 “person” includes a body corporate,
26.11 “regulation” shall include proclamation, by-law, notice and direction by any government authority,
26.12 “the Containers” refers to the Containers described in the Schedule Hereto or any replacement container provided by SCF in the circumstances specified in Clause 11
26.13 “the Schedule” refers to the Schedule annexed to this Agreement ,
26.14 “Rental Charge” means the Rental Charge specified in the Schedule,
26.15 “use of the Containers” includes:
26.15.1 Loading, unloading and storing of the Containers; and
26.15.2 Transporting of the Containers.

27. CONFIDENTIAL INFORMATION
27.1 The Lessee acknowledges and agrees that information regarding the operation of SCF Group’s intellectual property, business, its products, services and systems (“the Confidential Information”) may be disclosed to it during the term of the Lease.
27.2 The Commonwealth Privacy Act 1988 requires companies to comply with the National Privacy Principles (NPPs). This document describes SCF Group Pty Ltd Privacy Policy. SCF Group Pty Ltd is committed to the new Australian privacy legislation in the way it collects, uses, secures and discloses personal information.
27.3 The Lessee will not during or after the termination or earlier expiration of the term of the Lease:
27.3.1 use the Confidential Information for any other purpose or in connection with any other goods or services,
27.3.2 disseminate, distribute, offer for sale, sell, dispose of or publish the Confidential Information to a third party without SCF Group’s consent;
27.3.3 permit unauthorised persons, including third parties, to have access to areas where the Confidential Information may be displayed, reproduced or stored,
27.3.4 make, or assist any person to make any unauthorised use of the Confidential Information.

28. PERSONAL PROPERTY SECURITES ACT 2009
28.1 If this Agreement or any of the transactions contemplated by it create a Security Interest for the purposes of the Personal Property Securities Act 2009 (“PPSA”), including but not limited to a Purchase Money Security Interest, SCF Group may register or give any notification or exercise any rights it may have in connection with the Security Interest. The parties acknowledge and agree that SCF GROUP is only required to make a single registration against the Lessee with respect to each supply advanced on the same terms of this Agreement.
28.2 The parties acknowledge that the Security Interest includes all proceeds from any dealings with goods in accordance in with the PPSA.
28.3 The Lessee must do such acts and provide such information (which information the Lessee warrants to be complete, accurate and up to date in all respects) as in the opinion of SCF Group may be required or desirable to enable SCF Group to perfect the security interest created under the PPSA.
28.4 The Lessee irrevocably and unconditionally waives its right to receive from SCF Group any notice under the PPSA (including without limitation under s157 of the PPSA) unless required by the PPSA and if the notice cannot be excluded.
28.5 The Lessee agrees to pay the costs, charges and expenses of any incidental to the need for, or desirability of registration of, a financing statement or financing change statement or any action taken by SCF Group to comply with the PPSA or to protect its position under the PPSA. –The Lessee agrees to pay any costs incurred by SCF Group arising from any disputes or negotiations with third parties claiming an interest in goods supplied by SCF Group.

Agreement to Purchase

1. DELIVERY
1.1 Delivery will be inclusive to SCF Group’s depot specified in the purchase schedule. The buyer will be responsible for any transport after the final sign off in the sellers depot
1.2 In the event that SCF Group is required, notwithstanding the provisions of these terms and conditions, to effect transportations of the containers, the Buyer agrees to pay the cost of transportation to SCF Group or upon invoice. The Buyer agrees that the containers shall be at the risk of the Buyer at all times including transports of the containers as arranged by SCF Group.
1.3 The Buyer acknowledges and agrees that SCF Group shall not be liable in any event or circumstance to the Buyer for any loss, damage, claims, costs or expenses of any kind suffered by the Buyer arising out of any delay or inability on the part of SCF Group to supply the containers to the Buyer at the Commencement Date.

2. COSTS
2.1 Each of the parties hereto shall bear their own costs (including legal costs) in relation to the negotiation and preparation of this Agreement.
2.2 The Buyer will pay to SCF Group any GST, and any other Government imposts applicable to the Purchase Charges or to this Agreement.

3. PAYMENTS
3.1. Any monies payable by the Buyer to SCF Group under this Agreement must be paid without any set off or counterclaim and free of any deduction or abatement whatsoever.
3.2 The Buyer shall pay SCF Group upon demand the costs and expenses (including debt collection fees and commission and legal costs on a solicitor client basis) incurred or payable by SCF Group in respect of the recovery and any attempted recovery of any monies payable by the Buyer to SCF Group under this Agreement as a result of a breach by the Buyer.
3.3 The payment by the Buyer of the purchase charge and any other moneys payable by the Buyer to SCF Group under this Agreement is an essential term of this Agreement, and is to be paid within 30 days of the invoice being presented to the Buyer by SCF Group.
3.4 If any monies payable by the Buyer to SCF Group under this Agreement are not paid on or by the due date for payment the Buyer shall be liable for
3.4.1 Interest on the outstanding amount in accordance with the following provisions:
3.4.2.1 The rate of interest shall be that charged from time to time by the ANZ Bank on commercial overdraft facilities plus 4.0%pa,
3.4.2.2 The interest will accrue on and from the due date of payment of the outstanding amount up to the date of payment, and
3.4.2.3 Interest will be calculated on a daily basis and will be compounded on the last day of each month.

4. WARRANTY
4.1 For sale of new containers, SCF Group unconditionally warrants each container against any defect, patent or latent, error in manufacturing, workmanship, construction, components, material or performance for a period of twelve (12) months. It is the responsibility of the Buyer to inspect the container prior to collecting the container.
4.2 For sale of second hand containers, it is the responsibility of the Buyer to inspect the container prior to collecting the container, as SCF Group does not offer a warranty.
4.3 For sale of containers that have had modifications, it is the responsibility of the Buyer to inspect the container prior to collecting the container, as SCF Group does not offer a warranty on such modifications, including air conditioners, unless a warranty is supplied by the manufacturer of the components installed.
4.4 Any damages cause solely by mishandling, incorrect loading, impact and/or accident, fire and acid spillage by the Buyer after delivery, are not covered by this warranty.

5. OWNERSHIP OF THE CONTAINERS
5.1 SCF Group retains full legal and beneficial ownership of the Containers until the debt is paid in full.
5.2 At time of final payment of the agreed price of each container, the full, unencumbered and unconditional title of each of the containers shall pass from SCF Group to the Buyer.

6. INDEMNITY
6.1 The Buyer will indemnify SCF Group and keep SCF Group indemnified against all claims, demands and actions and all losses, damages, costs and expenses incurred or suffered by the Buyer in respect of any death, bodily injury, loss or damage to any person or property whatsoever caused by, arising out of or in connection with the use of the Containers, other than those arising from the negligence or wilful acts of SCF Group, its agents, contractors or employees.

7. NOTICES
7.1 Any notice or other communication in connection with this Agreement is taken to have been duly given when made in writing and delivered or sent by post, email or facsimile to the party to which such notice or communication is intended to be given at the address set out at the beginning of this Agreement or such other address or facsimile number as may be from time to time be notified in writing from one party to the other for the purpose of this Clause.
7.2 Notices to SCF Group shall be sent to the Attention of the Director and either posted to PO Box 10219, Adelaide, SA 5000, or faxed on (08) 8208 0901.
7.3 Any notice or other communication sent by post shall be taken to have been received at the expiration of two Business Days after the date of posting.
7.4 Any notice or other communication sent by facsimile transmission is taken to have been received upon completion of a successful transmission to the recipient. However if the facsimile is transmitted after 5.00 pm at the place of receipt or on a day which is not a Business Day, it shall be deemed to have been received on the next Business Day.

8. GOVERNING LAW
8.1 This Agreement shall be governed by and construed in accordance with the law of the State of South Australia and the parties to this Agreement agree to submit to the jurisdiction of the courts of South Australia.

9. INTERPRETATION
In this Agreement unless the context otherwise requires:
9.1 “SCF Group” refers to SCF Group Pty Ltd
9.2 “Containers” refers to all equipment outlined in the schedule
9.3 Words denoting the singular shall include the plural and vice versa,
9.4 Headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement,
9.5 “Agreement” refers to Agreement to Lease,
9.6 “business day” means a day which is not a Saturday or a Sunday or a public holiday in South Australia.

10. CONFIDENTIAL INFORMATION
10.1 The Lessee acknowledges and agrees that information regarding the operation of SCF Group’s intellectual property, business, its products, services and systems (“the Confidential Information”) may be disclosed to it during the term of the Lease.
10.2 The Commonwealth Privacy Act 1988 requires companies to comply with the National Privacy Principles (NPPs). This document describes SCF Group Pty Ltd Privacy Policy. SCF Group Pty Ltd is committed to the new Australian privacy legislation in the way it collects, uses, secures and discloses personal information.
10.3 The Lessee will not during or after the termination or earlier expiration of the term of the Lease:
10.3.1 use the Confidential Information for any other purpose or in connection with any other goods or services,
10.3.2 disseminate, distribute, offer for sale, sell, dispose of or publish the Confidential Information to a third party without SCF Group’s consent;
10.3.3 permit unauthorised persons, including third parties, to have access to areas where the Confidential Information may be displayed, reproduced or stored,
10.3.4 make, or assist any person to make any unauthorised use of the Confidential Information.

11. PERSONAL PROPERTY SECURITES ACT 2009
11.1 If this Agreement or any of the transactions contemplated by it create a Security Interest for the purposes of the Personal Property Securities Act 2009 (“PPSA”), including but not limited to a Purchase Money Security Interest, SCF Group may register or give any notification or exercise any rights it may have in connection with the Security Interest. The parties acknowledge and agree that SCF GROUP is only required to make a single registration against the Buyer with respect to each supply advanced on the same terms of this Agreement.
11.2 The parties acknowledge that the Security Interest includes all proceeds from any dealings with goods in accordance in with the PPSA.
11.3 The Buyer must do such acts and provide such information (which information the Buyer warrants to be complete, accurate and up to date in all respects) as in the opinion of SCF Group may be required or desirable to enable SCF Group to perfect the security interest created under the PPSA.
11.4 The Buyer irrevocably and unconditionally waives its right to receive from SCF Group any notice under the PPSA (including without limitation under s157 of the PPSA) unless required by the PPSA and if the notice cannot be excluded.
11.5 The Buyer agrees to pay the costs, charges and expenses of any incidental to the need for, or desirability of registration of, a financing statement or financing change statement or any action taken by SCF Group to comply with the PPSA or to protect its position under the PPSA. –The Buyer agrees to pay any costs incurred by SCF Group arising from any disputes or negotiations with third parties claiming an interest in goods supplied by SCF Group.

Agreement to Store

1. In addition to SCF Group’s standard terms and conditions, SCF Group agrees to storage of containers to the Lessee
1.1 For the duration of the storage period, and
1.2 At the Storage Charge as provided in this Agreement.

2. LIEN
2.1 The Goods are accepted subject to a general and particular lien for all due and payable Charges due or which may become due to SCF Group by the Lessee in respect of the Services. If the lien is not satisfied and/or the Goods are not collected, then subject to law, SCF Group may at its options – in the case of perishable Goods immediately and in any other case upon the expiration of 7 days’ notice – either:
2.1.1 Remove such Goods or part thereof and store them in such place and manner as SCF Group shall think proper at the risk and cost of the Lessee;
2.1.2 Sell by public auction or private sale Goods or part thereof upon such terms as it thinks fit and apply the proceeds in or towards discharge of the lien without being liable to any person for any loss thereby caused: or
2.1.3 Dispose of abandoned Goods at the expense of the Lessee in anyway SCF Group deems fit an without compensation being payable to the Lessee, and the Lessee must indemnify SCF Group for all costs incurred by SCF Group in the exercise of these rights
2.2 The Lessee acknowledges that this Agreement is a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA) and creates a security interest in the Goods in favour of SCF Group.
2.3 The Lessee irrevocably and unconditionally waives its right to receive from SCF Group any notice under the PPSA (including without limitation under s157 of the PPSA) unless required by the PPSA and if the notice cannot be excluded.

3. LIMIATION OF LIABILITY
3.1 Services are supplied at the Lessee’s risk and the Lessee bears all risk of loss or arising in connection with, the Goods.
3.2 Subject to clause 3.4:
3.2.1 All warranties, descriptions, representations, guarantees or conditions, whether express or implied by law, trade, customer or otherwise, and all specific conditions, even though such conditions may be known to SCF Group, are the fullest extend expressly excluded;
3.2.2 SCF Group and SCF Group personnel are not liable for any delay or loss arising from the supply of or failure to supply services (including any loss of, deterioration in, miss-delivery out of, or failure to delivery out Goods) for any reason whatsoever, including breach of contract (including fundamental breach), negligence, breach of duty as bailee, or the wilful act or default of SCF Group or SCF Group personnel.
3.3 Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy conferred on the Customer by the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 or any other applicable law insofar as they cannot be excluded, restricted or modified by agreement.
3.4 If the exclusion of liability in clause 3.2 is reduced or not available, SCF Group’s liability for any Claims arising out of this Agreement, including liability for breach of this Agreement, in negligence or in tort or for any other common law or statutory action shall in any one case (excluding liability for breach of a non-excludable consumer guarantee) be limited as SCF Group’s option to the re-supply of the Services, or, payment of the cost of having the Services re-supplied. Notwithstanding that, the total liability of SCF Group for loss or damage of every kind with respect to the performance of its obligations under this Agreement is limited to the total Storage Charge paid under this Agreement.
3.5 Every exemption, exclusion or limitation in this Agreement of whatsoever nature applicable to SCF Group or to which SCF Group is entitled under this Agreement shall also be available and shall extend to protect:
3.5.1 All SCF Group personnel: and
3.5.2 All persons who are or might be vicariously liable for the acts or omissions of any such person and, for the purposes of this clause 3.5, SCF Group is or shall be deemed to be acting as an agent on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be deemed to be parties to this Agreement.

4. NOTIFYING OF CLAIMS
4.1 Subject to any statutory rights and remedies, the Lessee’s rights and remedies will be subject to the following:
4.1.1 If the Lessee believes SCF Group is liable, the Lessee must notify SCF Group in writing within 48 hours of delivery of the Goods by SCF Group to the Lessee. If SCF Group does not receive a written notice from the Lessee within that time, the Goods are deemed to be free from any defect or damage and SCF Group will have no liability to the Lessee. Notwithstanding the Lessee’s claim, the Lessee remains liable to pay all of SCF Group’s charges free and clear from any exchange, deductions, reductions, set-off (including equitable set-off), taxes, charges or adjustments.
4.1.2 The Lessee must afford SCF Group an opportunity to inspect the Goods within a reasonable time following delivery if the Lessee believes the Goods are defective or damaged.
4.1.3 SCF Group will have no liability to the Lessee, even if the Lessee gives SCF Group a written notice within that time, if the Lessee does not commence legal proceedings against SCF Group within 6 months of the date of delivery. Where the Goods have not been delivered, proceedings must be commenced within 12 months of the date the Goods should have been delivered.
4.2 If the Lessee becomes aware of any claim made, contemplated or taken against it in respect of Goods or Services by any third party, the Lessee, before taking any action in respect of such claim, must immediately notify SCF Group
4.3 Before settling any third party claim in respect of which the Lessee seeks or may seek compensation or a contribution from SCF Group, the Lessee must obtain prior written authorisation from SCF Group.
4.4 The Lessee must not make any claim against any SCF Group personnel which attempts to impose upon any of them any liability whatsoever in connection with the Contract or Services and, if any such claim should nevertheless be made, to indemnify SCF Group and any SCF Group Personnel against all consequences thereof.

5. INSURANCE
5.1 The Lessee must arrange and maintain insurance in relation to the Goods for their full insurance value.
5.2 Unless otherwise agreed in writing, the Goods are not insured by SCF Group nor will insurance be arranged by SCF Group on behalf of the Lessee.

6. WARRANTIES AND OBLIGATIONS
6.1 The Lessee warrants that:
6.1.1 It has responded to all of SCF Group’s questions accurately and has accurately and fully described and clearly marked the Goods and has provided all necessary instructions and accurate information regarding handling, care and control of the Goods having regard to the nature and packaging of the Goods;
6.1.2 It has complied with the requirements of any applicable laws relating to the nature, condition, packaging, handling, labelling, storage and carriage of the Goods and it shall provide all necessary assistance, information and documentation to enable SCF Group to comply with any of its obligations under such laws;
6.1.3 It shall not tender any Dangerous Goods or temperature-controlled Goods for the provision of Services by SCF Group;
6.1.4 The Goods are received in by SCF Group within the correct conditions and are packaged to withstand handling, transport and storage;
6.1.5 It alones owns the Goods, or if the Lessee is not the owner, It has the authority of the owner to agree to this Agreement and acts as the owner’s agent who agrees to the handling, transport and storage of the Goods on the terms set out in this Agreement;
6.1.6 It has authorised any person who delivers any Goods to, or collects any goods from, SCF Group for and on behalf of the Lessee to do so;
6.1.7 The Goods are free from any encumbrance, charge, lien or any other interest;
6.1.8 The Goods are and will remain free from any objectionable matter or odours which may affect other Goods in storage, unless the condition of the Goods has previously been notified in writing to SCF Group and SCF Group has accepted the Goods in that condition;
6.1.9 The Goods are not illegal or contraband and the Lessee has not asked SCF Group to handle, transport or store the Goods in any way that could be unlawful and that the actual handling, transport or storage of the Goods by SCF Group in the usual course will not be unlawful; and
6.1.10 All relevant weight data will be supplied to SCF Group and the weight data (if any) will include all accompanying packaging (including cartons, pallets and stretch-wrap).

7. INDEMNITY
7.1 The Lessee will release SCF Group and keep SCF Group indemnified against all claims, demands and actions and all losses, damages, costs and expenses incurred or suffered by the Lessee in respect of any death, bodily injury, loss or damage to any person or property whatsoever caused by, arising out of or in connection with the use of the Containers, the Goods stored and Services provided, other than those arising from the negligence or wilful acts of SCF Group, and SCF Group personnel.

8. INTERPRETATION
In this Agreement unless the context otherwise requires:
8.1 “SCF Group” refers to SCF Group Pty Ltd
8.2 “Containers” refers to all equipment outlined in the schedule
8.3 “Goods” refers to the cargo accepted from, or on behalf of, the Lessee together with the containers, packages, pallets, crates, cases, and equipment for us in connection with the storage, handling and carriage of that cargo.
8.4 “Services” refers to all of the services and operations undertaken in respect of the Goods by SCF Group in any capacity for the Lessee
8.5 “Loss” refers to loss or damage of any kind and includes loss of profits, loss of revenue, liabilities in respect of third parties, loss of anticipated savings or business, pure economic loss, loss of opportunity and any form of consequential, special, indirect, punitive or exemplary loss or damage, whether or not a party was advised of the possibility of such loss or damage.
8.6 “Dangerous Goods” refers to Goods classified as such by either the IATA Dangerous Goods Regulations or the Australian Dangerous Goods Code or Goods that otherwise might injure or damage people, property or the environment. They include Goods that are or may become poisonous, corrosive, volatile, flammable or radioactive.
8.7 “the Schedule” refers to the Schedule annexed to this Agreement