Terms of service
These are the Terms and Conditions of Hire that every customer agrees to and signs before taking possession of equipment. Supplier: JAG RENT PTY LTD (ABN 70 695 597 856), 34 Eltons Road, Silverdale NSW 2752.
Terms and Conditions of Hire (Agreement)
1. EQUIPMENT HIRE
1. The Supplier agrees to hire the Equipment to the Customer for the Hire Period strictly on a dry hire basis only. The Customer agrees to pay the Hire Charges.
2. The Supplier hires Equipment at its absolute discretion and may refuse to hire to the Customer if it has reasonable cause to do so.
3. The Customer must comply with all directions of the Supplier.
4. The Hire Period commences on the Start Date and ends when the Equipment is in the possession and/or control of the Supplier (Hire Period). The Hire Period includes weekends and public holidays.
5. The Hire Period or any Hire Charges shall not be adjusted to consider the time the Equipment is being used whilst in the possession of the Customer.
6. A Minimum Hire Period will apply for the Equipment. If the Customer seeks to return the Equipment prior to the end of the Minimum Hire Period, the Customer is still required to pay the Hire Charges for the Minimum Hire Period.
7. If the Equipment is not returned by 6pm on any given day, it shall incur an additional Minimum Hire Period charge.
8. Any Equipment which has been hired to the Customer before the commencement of this Agreement will be governed by the terms of this Agreement.
2. DELIVERY AND RETURN OF THE EQUIPMENT
1. The Customer shall ensure the Supplier has reasonable and safe access to the Delivery Premises whether the Supplier is delivering Equipment to (or collecting Equipment from) the Delivery Premises.
2. Delivery is deemed to be completed:
1. upon the Supplier's delivery of the Equipment to the Delivery Premises; or
2. upon collection of the Equipment on behalf of the Customer from the Supplier's Premises.
1. The Customer shall confirm receipt of the Equipment by signature immediately before delivery is completed.
2. When the Equipment is returned to the Supplier's Premises, the Supplier will notify the Customer of any loss or damage to the Equipment and the costs of repairing and/or replacing the Equipment shall be determined by the Supplier.
3. The Customer shall have No Claim for any failure or delays in delivery or installation caused or contributed to by an Unforeseen Event or an act or omission by (or on behalf of) the Customer.
3. HIRE CHARGES
1. Equipment hired for at least five (5) calendar days in a seven (7) day continuous period, will be charged at a weekly rate if agreed between the Parties.
2. Additional Hire Charges may apply for some Equipment if the Equipment is used more than the standard shifts. In addition to the Hire Charges, the Customer agrees to pay the Other Charges.
3. Stand Down are not permitted under any circumstances.
4. INVOICING AND PAYMENT
1. Unless the Customer has been authorised by the Supplier to trade with the Supplier under an account, the Hire Charges are payable immediately before the Start Date and the Customer shall provide the Supplier with its credit card details, authorising the Supplier to charge the credit card to recover any debts owing to the Supplier under this Agreement.
2. For Customers trading under an account, the Supplier shall issue invoices which will be dated on the 28th of every month (or the next Monday after the 28th or as agreed between the Parties in writing. The Supplier will send invoices to the Customer's nominated email address. If the Customer requests for non-standard invoice or payment claim forms, documentation or submission processes, the Supplier may (in its absolute discretion) approve but may also incur additional administration charges which shall be borne by the Customer.
3. The Customer shall pay to the Supplier the amount stated in the invoice in full within 30 calendar days from the end of the month of the date the invoice has issued.
4. If payment is not made in full by the due date, the Supplier may charge a late payment fee of 2% (cumulative) per month. In addition, the Customer must pay to the Supplier all expenses in recovering any amounts owed to the Supplier (on a full indemnity basis).
5. The Supplier may (and the Customer authorises it to do so) set-off any monies owing by it to the Customer against any amounts which are owed to the Supplier including by recovering monies directly from credit card details provided to the Supplier. The Customer is not entitled to set-off or withhold payment from the Supplier and must raise any dispute regarding invoices within 5 Business Days of the invoice pursuant to Clause 13.
6. All amounts payable in the Agreement are exclusive of GST (unless otherwise specified).
5. CUSTOMER'S HIRE OBLIGATIONS
1. The Customer is directly responsible to the Supplier and must not authorise any other person or entity to have possession of the Equipment at any time, unless expressly agreed with the Supplier in writing.
2. The Customer agrees that before accepting the Equipment it has satisfied itself as to the suitability, condition and fitness for purpose of the Equipment without relying upon the skills or judgment of the Supplier or any person purporting to act on its behalf. The Customer acknowledges that, to the extent permitted by law, the Supplier has not made any representation or warranty (other than as expressly set out in writing) as to the suitability, condition and fitness for purpose of the Equipment or any other matter.
3. The Customer acknowledges that the Equipment is inherently dangerous if not used correctly and may cause serious injury, death or property damage. The Customer voluntarily assumes all risks associated with the possession, operation, transport and use of the Equipment, except to the extent caused by the Supplier's negligence. The Customer confirms that no advice, recommendation or representation has been relied upon from the Supplier regarding the suitability or safe use of the Equipment.
4. The Customer warrants:
1. it has not relied upon any representations made by or on behalf of the Supplier other than those expressly set out in this Agreement;
2. it has satisfied itself prior to entering into this Agreement that the Equipment is suitable for its purposes;
3. it will not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time during the Hire Period without the prior written approval of the Supplier (which may be withheld in its absolute discretion);
4. it will safely transport (including securing, loading and unloading), erect, install and operate Equipment, strictly in accordance with this Agreement, only for its intended use and in accordance with the manufacturer's instructions and by persons who are suitably instructed, trained and qualified (where necessary hold a current licence to perform and/or operate the Equipment) in its safe and proper use and comply with the Legislative Requirements and manufacturer's instructions relating to the use of the Equipment;
5. it will display and maintain all safety signs and instructions (pursuant to the Legislative Requirements), and ensure that all instructions and signs are observed by operators of the Equipment;
6. it will ensure all persons operating the Equipment wear suitable clothing and protective equipment pursuant to the Legislative Requirements;
7. it will ensure that no persons operating the Equipment are under the influence of drugs or alcohol or carry any dangerous, hazardous or illegal substances in or onto the Equipment;
8. it will conduct a job safety analysis prior to using the Equipment at a site;
9. it will comply with all Environmental Laws and immediately rectify any breach of an Environmental Law caused by the use, possession or storage of the Equipment, and assist the Supplier in its compliance with Environment Law.
10. No supervision, instruction or operational assistance is provided by the Supplier and the Supplier does not monitor or control the Customer's use of the Equipment.
1. At its own cost, the Customer must:
1. clean, fuel, lubricate and maintain Equipment in good condition and in accordance with the manufacturer's and the Supplier's instructions;
2. not in any way alter, modify (including removing any identifying mark or plate and fitting accessories), tamper with, damage or repair the Equipment without the Supplier's prior written consent;
3. provide reasonable and safe access to the Supplier to maintain and service the Equipment and undertake statutory inspections when necessary, during Business Hours, failing which additional charges for out of hours service and maintenance shall apply;
4. arrange for the emptying of any waste tanks and water carts; and
5. return the Equipment to the Supplier in the same good and clean condition it was in when the Customer received it, ordinary fair wear and tear excepted.
1. The Customer must ensure that the Equipment is:
1. stored safely and securely and is protected from theft, vandalism, seizure and damage or subject to adverse climatic or environmental conditions which may damage the Equipment (i.e., corrosion, sea-salt and flooding); and
2. not exposed to any hazardous substance including asbestos without the prior written consent of the Supplier which may be withheld in its absolute discretion.
1. The Customer must inform the Supplier of any risks of hazardous substances and/or contamination to the Equipment as soon it becomes apparent (or should reasonably have become apparent) to the Customer.
2. If the Equipment has not been properly decontaminated (or not capable of being decontaminated) the Customer shall be charged the costs of replacing the Equipment.
3. The Customer consents to the Supplier inspecting and maintaining the Equipment with reasonable notice during the Hire Period. In addition, the Customer may arrange a joint inspection with the Supplier.
4. The Customer must ensure the safe loading, securing and transporting of all Equipment in accordance with all the Legislative Requirements, industry guidelines and manufacturer's guidelines. The Customer must, and must ensure that any transporting contractor will, observe any safety directions advised by the Supplier and/or manufacturer of the Equipment for its loading and safe handling.
5. All Equipment supplied by the Supplier is tagged and tested prior to the Hire Period. During the Hire Period, the Customer is responsible for arranging (at its cost) the re-testing and re-tagging of electrical Equipment in accordance with the manufacturer's instructions and the Legislative Requirements. Any damage caused to the Equipment resulting from incorrect testing will be at the Customer's cost.
6. The Customer is responsible for ensuring any Equipment is returned to the Supplier with a full tank of fuel or agrees to pay the reasonable fuel charges to refuel.
7. The Customer is responsible for:
1. the cost of repairing or replacing flat or damaged tyres and for all wear and tear and damage to tyres and tracks caused by conditions which the Supplier reasonably considers to be adverse or abnormal. Ordinary wear and tear is considered to be 4,000 service meter units unless it's a vehicle that requires registration. At all times the Customer must adhere to the manufacturer's recommended tyre pressure and track tension;
2. the cost of all bucket and blade wear or damage caused by conditions which the Supplier considers are abnormal or adverse use; and
3. all wear and tear to cutting edges, bucket teeth, hardware, ripper teeth and all other ground engaging tools hired. All ground engaging tools hired by the Customer are to be returned to the Supplier at the end of the Hire Period in the same condition in which they were supplied. Usage of ground engaging tools will be measured by comparing the percentage of use at the commencement of the Hire Period with the percentage of use at the end of the Hire Period.
6. TITLE AND RISK
1. The Customer acknowledges that the Supplier retains title to the Equipment at all times (even if the Customer goes into liquidation, external administration of any kind or if an Event of Insolvency occurs and in no circumstance will the Equipment be deemed to be a fixture. The Customer has no interest in the Equipment of any kind other than as a bailee.
2. Risk, care and responsibility in Equipment transfers to the Customer upon delivery and reverts back to the Supplier:
1. upon collection by the Supplier from the Delivery Premises (where the Supplier is responsible for the transport); or
2. upon the return of the Equipment to the Supplier's Premises (where the Customer is responsible for the transport).
7. NOT USED
8. EQUIPMENT BREAKDOWN
1. If the Equipment breaks down or becomes unsafe to use during the Hire Period, the Customer must (at its own cost):
1. immediately stop using the Equipment and notify the Supplier;
2. take all steps necessary to prevent injury occurring to persons or property as a result of the condition of the Equipment;
3. take all steps necessary to prevent any further damage to the Equipment; and
4. not repair or attempt to repair the Equipment without the Supplier's prior written consent which may be withheld in its absolute discretion.
1. If the Equipment breaks down or becomes unsafe to use (through no act or omission of the Customer), the Supplier will (subject to clause 8.3, at its own cost):
1. repair the Equipment or provide suitable substitute Equipment when reasonably possible after being notified by the Customer; and
2. not impose Hire Charges for that portion of the Hire Period during which the Equipment could not be used, nor any costs associated with any repair or replacement of the Equipment.
1. If the Equipment is broken down or becomes unsafe to use due to any act or omission of the Customer, clauses 9.2 and 9.3 shall apply. the Supplier will take all reasonable steps to repair the Equipment or provide a suitable replacement as soon as reasonably possible. The Supplier's liability for any expenditure, damages, losses, costs or inconvenience incurred by the Customer arising from a breakdown of the Equipment will be limited to the extent provided for in clause 9.3.
9. LOST, STOLEN OR DAMAGED EQUIPMENT
1. The Customer is responsible for any loss, theft or damage to the Equipment (from any cause whatsoever) during the Hire Period except to the extent the loss, theft or damage is caused by a direct act or omission of the Supplier.
2. If the Equipment is lost, stolen or damaged, the Customer must notify the Supplier in writing of the facts and circumstances giving rise to the loss, theft or damage of the Equipment within 5 Business Days of the event occurring, and the Customer will remain liable for all Hire Charges up to and including the day that the Supplier is notified.
3. Despite any other provision in this Agreement, if the Equipment is lost, stolen or damaged during the Hire Period or if clause 8.3 applies, the Customer shall be responsible for:
1. the cost of the repairs; or
2. the full new replacement (if it cannot be repaired) at the Supplier's reasonable discretion,
up to the value of AU$5,000 which is the cost of the excess in accordance with clause 10.1 of this Agreement. The excess cap is only applicable if the insurer chooses to grant indemnity to the Supplier. If the insurer determines that indemnity is not applicable for any reason, the Customer shall be liable for the full new replacement value. In addition, the Customer shall also be responsible for
3. continuing Hire Charges until the repair or replacement of the Equipment; and
4. other reasonable costs and expenses associated with the repair and/or replacement of the Equipment;
except to the extent the loss, theft or damage is caused by the Supplier.
4. The Supplier may provide quotes as evidence of the costs and expenses claimed under clause 9.3. The costs and expenses are payable in full within 30 calendar days from the end of the month of the date the invoice has issued.
10. INSURANCE
1. The Customer will be responsible for the excess (AU$5,000) and any shortfall in repair or replacement costs from any insurance payout.
2. The effecting and keeping in force of insurances as required by this Agreement shall not in any way limit the responsibilities, obligations and liabilities of the Customer under any other clause of this Agreement.
3. The Supplier is under no obligation to make or pursue any insurance claim and may elect to recover losses directly from the Customer.
11. INDEMNITIES AND EXCLUSION OF LIABILITIES
1. To the extent permitted by law (unless otherwise expressly set out in this Agreement), all terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to the Supplier's obligations under the Agreement are excluded.
2. Nothing in this Agreement limits any condition, guarantee or warranty imposed by legislation, including any statutory guarantees that may apply pursuant to the Australian Consumer Law. Where the Supplier cannot exclude a condition, guarantee or warranty, it can limit its liability (at the Supplier's election) to the repair or replacement value of the Equipment.
3. Subject to clauses 11.1 and 11.2 and the Legislative Requirements and to the extent permitted by law:
1. the Supplier's liability (in tort, statute, contract, under an indemnity or however arising) is limited to the Hire Charges paid under this Agreement.
2. Neither party is liable for Consequential Loss.
3. The operation of the Proportionate Liability Legislation is excluded, to the extent permitted by law, in relation to all rights, obligations and liabilities of the parties with respect to any matter to which the Proportionate Liability Legislation would apply but for this provision.
4. the Customer is liable for and indemnifies the Supplier against all Claims arising out of or in connection with Customer's hire and use of the Equipment or breach of this Agreement, including personal injury, damage to property and Claims by third parties, or arising from or in connection with the Customer's failure to comply with any law or regulation. The indemnity shall be reduced proportionately to the extent the loss, theft or damage is caused or contributed to by the Supplier.
12. CANCELLATION AND TERMINATION
1. The Supplier may immediately terminate the Agreement by serving a written notice on the other party if:
1. an Event of Default occurs and the defaulting party fails to remedy the default within 2 Business Days of notification; or
2. an Event of Insolvency occurs.
1. The Supplier party may terminate the Agreement for convenience by serving a written notice on the other party for any reason. The Agreement will be deemed to be terminated within 30 calendar days from the date of that notice. Upon termination, the Supplier is entitled to recover its reasonable transportation and demobilisation costs.
2. Where the Supplier determines (in its absolute discretion) that there may be an immediate and material risk to the Supplier or the Equipment, or where the Customer has failed to comply with the Agreement or the Legislative Requirements, any credit accommodation granted by the Supplier to the Customer may be reviewed without notice and credit withdrawn. The Agreement may be terminated and the Customer will owe to the Supplier any outstanding amounts until the Equipment is back in the possession of the Supplier. In all other circumstances, the Supplier will inform the Customer within 7 calendar days in advance of any review.
13. DISPUTE RESOLUTION
1. In the event there is a dispute between the parties to this Agreement or the Customer wishes to make a claim, the Customer must notify the Supplier in writing of the reasons for and particulars of the dispute within 5 Business Days from the date the dispute arose (Dispute Notice).
2. The Customer agrees and acknowledges that failure to serve a Dispute Notice in accordance with clause 13.1 above will be a bar to any Claims by the Customer concerning the subject matter of that dispute and the Customer shall have No Claim.
3. Within 10 Business Days of the date of the Dispute Notice (or any other period agreed in writing between the parties), representatives of both parties shall meet to endeavour to resolve the claim or dispute.
4. If the parties fail to resolve the claim or dispute pursuant to this clause, either party may commence proceedings. Nothing in this Agreement prevents a party from seeking injunctive or urgent declaratory relief.
14. PRIVACY
1. The Supplier may collect personal information about a Customer and the Supplier will treat this information in accordance with the Australian Privacy Principles and the Legislative Requirements.
2. The Customer consents to and authorises the Supplier to use and disclose the Customer's personal information to third parties including any credit provider or credit reporting agency and to the Supplier's service providers, contractors and affiliated companies from time to time, for the purposes outlined above.
15. MISCELLANEOUS
1. If any part of this Agreement becomes void or unenforceable for any reason, then that part will be severed in respect only with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.
2. The Agreement comprises the entire agreement between the parties and supersedes all previously issued versions of this Agreement. No additional terms and conditions proposed by the Customer (including in any purchase order) apply to the hire of the Equipment unless agreed in writing by the Supplier.
3. The Customer acknowledges that this Agreement is publicly available on the Supplier's website and the Supplier may at any time vary this Agreement by notice through the Supplier's website. Unless the Supplier is notified in writing by the Customer, the continued use of the Equipment by the Customer will be deemed to be an acceptance by the Customer of any variation to this Agreement. If the Customer requires any other variation of the Agreement, it must be agreed in writing by the Supplier and the Customer.
4. The Agreement is governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of that jurisdiction.
5. The Supplier owns all rights, title and interest including Intellectual Property Rights in relation to the Equipment and the data arising from this Agreement.
6. As security for the obligations and liabilities of the Customer under the Agreement, the Customer charge for its performance of its obligations and liabilities, all of its legal and equitable interest (both present and future) held in the Equipment that is hired to the Customer under this Agreement.
7. The Customer (and any guarantors) agree, on request by the Supplier, to execute any documents and do all things required by the Supplier to register a mortgage security or other security interest over any real property or other asset. The Customer must indemnify the Supplier against all costs and expenses incurred by the Supplier in connection with the preparation and registration of any such mortgage or security documents. The Customer also consents unconditionally to the Supplier lodging a caveat or caveats noting its interest in any caveatable property.
8. The Customer shall not disclose any information (including Confidential Information), publication or other documents for publication concerning the subject matter of this Agreement without the prior written consent of the Supplier (which may be withheld in its absolute discretion).
9. Any document or notice under this Agreement may be given by:
1. In the case of a notice to the Supplier - by posting it to the Supplier's registered office and branch address;
2. In the case of a notice to the Customer - by posting to the Customer's address (as stated in the Credit Application or last notified by the Customer in writing to the Supplier) or by email to the Customer's address.
1. Any notice given by post will be deemed to have been delivered on the third Business Day after posing and if by email on the day of transmission if before 5.00pm or the following Business Day if sent after 5.00pm.
2. No delay or omission to exercise any right, power or remedy accruing to the Supplier upon any continuing breach or an Event of Default under the Agreement will impair any such right, power or remedy, nor will it be construed to be a waiver of any right of the Supplier to take action or make a claim in respect of a continuing breach or an Event of Default or to be acquiescence to it.
3. The Customer must not subcontract, assign or novate any part of this Agreement without the prior written consent of the Supplier.
16. DEFINITIONS
Agreement means this agreement between the Supplier and the Customer for the hire of Equipment which includes:
1. these clauses 1 to 16 herein;
2. any quotes provided to the Customer by the Supplier; and
3. any subsequent variations to these terms as agreed between the Parties in writing.
Business Day means any calendar day including a Saturday, Sunday or public holiday in NSW.
Business Hours means 6am to 6pm on a Business Day.
Claims means any claim (whether actual or contingent) including a claim for loss, damages and expenses (including legal expenses) arising out of tort, breach of statute, breach of warranty or guarantee or breach of this Agreement.
Confidential Information means the confidential, proprietary and commercially sensitive information of a party or its related entities including information which: a party knows, or reasonably ought to know, is confidential; relates to the business affairs and practices of a party or its related entities; but does not include information, which is in the public domain.
Consequential Loss means any indirect or special loss of contract, business opportunity, loss of profit or anticipated profit, loss of production or any indirect loss or damage.
Customer refers to the person, firm, organisation, partnership, corporation or other entity (including trust or trustee) hiring the Equipment from the Supplier pursuant to this Agreement.
Delivery Premises means the premises nominated by the Customer as the location for the delivery, use and collection of the Equipment.
Dispute Notice has the meaning given to it in clause 13.1.
Equipment means all equipment including but not limited to tools, buildings, vehicles, accessories and ancillary parts provided by the Supplier to the Customer under the terms of this Agreement.
Environmental Law means any statute, regulations or other laws made or issued by a regulatory body or government regulating or otherwise relating to the environment including the use or protection of the environment.
Event of Default means:
(a) any breach or default of the Customer's obligations under the Agreement;
(b) the lapsing or expiry of a required licence(s);
(c) a failure by the Customer to make good any loss or damage for which it is responsible in a prompt and proper manner;
(d) a failure to act on a direction by the Supplier in a timely manner.
Event of Insolvency means:
(a) an admission of insolvency;
(b) where execution is levied by a creditor;
(c) an act of bankruptcy;
(d) where a bankruptcy petition is filed against the Customer;
(e) the appointment of an administrator or liquidator;
(f) a winding up order is made by a court;
(g) the entering into any composition or arrangement with creditors; or
(h) if the Supplier is of the opinion the Customer lacks the financial capacity to satisfy its financial obligations under this Agreement.
Hire Charges means the rates and charges payable by the Customer for the hire of the Equipment.
Hire Period has the meaning given in clause 1.4 of this Agreement.
Intellectual Property Rights means all copyright and analogous rights (including moral rights), all rights in relation to inventions (including patent rights), registered and unregistered trademarks (including service marks), registered designs, Confidential Information (including trade secrets), know-how, circuit layouts and all other rights throughout the world resulting from intellectual activity in the industrial, scientific or artistic fields.
Legislative Requirements includes but is not limited to:
1. Acts, Ordinances, regulations, orders, awards and proclamations of the Commonwealth and/or the relevant State or Local Government including Australian Standards and any other applicable codes of practice;
2. approvals, compliance requirements and requirements of organisations having jurisdiction in connection with the performance of obligations under this Agreement.
Minimum Hire Period means the shortest duration of time for which the Equipment shall be hired by the Customer but shall be 4 hours at a minimum unless otherwise directed by the Supplier in writing.
No Claim means no entitlement to enforce any right or remedy whatsoever under the Agreement or at law/equity.
Other Charges means all charges payable by the Customer excluding the Hire Charges as follows:
1. for any consumables and trade materials included but not limited to fuel charges if applicable. In respect of fuel included with any Agreement, the Supplier and the Customer acknowledge and agree that there is no sale or other disposal of title to fuel under this Agreement.
2. Tax (including GST subject to a taxable supply) and government charges, levies or fines (including any environmental levy) in relation to the hire of the Equipment;
3. charges for transport, installation and dismantling (if applicable); mobilisation and demobilisation (if applicable). Unless otherwise agreed between the parties in writing, transport rates are based on delivery Monday - Sunday (7am - 3pm) in the metro region;
4. any charges incurred for demurrage, delay (should time at the Delivery Premises exceed 30 minutes) or futile delivery;
5. for cleaning and repair of Equipment if not returned in clean, good working condition;
6. a charge for pumping out waste tanks or refilling of water tanks;
7. for any modification of Equipment that is necessary or requested by the Customer; and
8. the cost passed on by the Supplier arising out of a change in the Legislative Requirements, code, regulations or Customer policy or guideline.
Proportionate Liability Legislation means the relevant civil liability legislation in the jurisdiction where the Delivery Premises is located.
Stand Down refers to a temporary suspension of the Hire Period where the Equipment remains in the possession of the Customer but is not in use by the Customer.
Start Date is the earlier of:
(a) when the Customer takes possession of the Equipment; or
(b) when the Supplier delivers the Equipment to the Delivery Premises (where the Supplier is responsible for delivery); or
(c) the agreed date whereby the Supplier makes the Equipment available for the Customer's collection at the Supplier's Premises.
Supplier means Jag Rent Pty Ltd (ABN 70 695 597 856).
Supplier's Premises means the premises nominated by the Supplier as the location for the collection and return of the Equipment by the Customer.
Unforeseen Events means an event beyond the reasonable control of (and which could not be reasonably anticipated by) a Party which results in the an Event of Default or delay in the performance of a Party's obligations under this Agreement including but not limited to acts of God, war, pandemics, terrorism, mobilisation, civil commotion, orders or regulations by governments, fires, floods and strikes and/or industrial disputes.