TERMS & CONDITIONS
AGREEMENT FOR THE HIRE OF PLANT AND EQUIPMENT
The owner is the proprietor of the plant and equipment listed in the contract for this agreement.
The hirer, including its agent, agrees to hire the equipment specified in the contract from the owner under the terms and conditions of this agreement.
Equipment means any item of plant or equipment listed in the contract for this agreement, including accessories.
TERMS AND CONDITIONS
1. Hire of equipment
1.1 The hiring of the equipment will commence on the commencement date specified in the contract and continue for the term specified in the contract.
1.2 The hirer is entitled to use the equipment for the hire period. Moreover, the owner must agree to any extension of the period.
1.3 The hirer agrees to return the equipment to the owner's address on or before the end of the hire period as specified in the contract, and that failure to do so can be criminal theft and may be immediately reported to the police.
1.4 The equipment is not to be taken out of the state of South Australia without the written consent of the owner.
2 Payment for rental
2.1 The hirer agrees to pay the owner the hire fee for the hire period, including any applicable GST, fines, penalties, levies, fuel or freight, and other charges relevant to this agreement and the hire.
2.2 The required fees must be paid to the owner before or on the commencement date of the hire period. Account customers who do not pay their account on the terms agreed will be deemed to be in default. Equipment not returned on time and per this agreement will be subject to a continuance of the agreed rental until the return is complete.
2.3 The owner may agree to make equipment delivery and collection arrangements to and from the hirer’s site, and the hirer will pay to the owner any charges and expenses incurred in such delivery, installation, and/or collection. The owner will use its best endeavours to deliver the equipment by the agreed time but will not be liable to the hirer for late delivery, non-delivery, or any associated loss or damage due to a late or non-delivery.
2.4 The owner reserves the right, at any time without notice, to revise the hire charges.
2.5 The owner may charge interest on all amounts outstanding or overdue by the hirer at the rate of 10% per month, calculated daily from the due date to the receipt of payment.
3 Use, operation and maintenance
3.1 The hirer agrees that the use of the equipment carries with it dangers and risks of injury, and the hirer agrees to accept all dangers and risks.
3.2 The equipment shall not be used by anyone other than the hirer without the express permission of the owner.
3.3 The hirer will ensure that all persons operating or erecting the equipment are instructed in its safe and proper use and, where required, hold a valid Certificate of Competency or are fully licenced to use it.
3.4 The hirer agrees to operate, maintain, store, and transport the equipment strictly following any instruction provided by the owner and with due care and diligence.
3.5 The hirer agrees that the equipment will only be used for its intended purpose and per any manufacturer’s instructions and recommendations, whether supplied by the owner or posted on the equipment, concerning its operation, maintenance, and storage.
3.6 The hirer agrees to comply with all occupational health and safety laws and regulations relating to the use of the equipment and associated operations.
3.7 The hirer shall ensure the equipment is returned to the owner clean of all foreign matter or agrees to a reasonable cleaning fee being charged by the owner.
3.8 The reasonable costs of fuel or other consumables provided by the owner and used by the hirer are to be paid to the owner at the completion date. The owner does not warrant the fitness of the hired or any equipment to perform any particular job or function and the hirer acknowledges and agrees that they have relied on their judgement and expertise in this regard before signing this agreement and or taking delivery of the equipment.
3.9 The half-day rate is based on the equipment being returned to the owner within 4 hours. The daily rate is based on 24 hours but is assumed the equipment will not be used for more than 8 hours in that period. The weekly rate is based on 40 hours of use in 7 days.
4 Hirer’s warranties
(i) The equipment will be used following the conditions outlined in the Contract
(ii) The particulars in the Contract are correct in every respect and are not misleading in any way including, without limitation, by omission
(iii) The hirer holds a valid current driver’s licence, operating licence or permit valid for the type of equipment hired
(iv) The equipment will not be used for any illegal purpose
(v) The hirer’s vehicle is suitable for towing the equipment if required
(vi) The hirer will not, without the prior written consent of the owner, tamper with, repair or modify the equipment in any way, or permit another to do so;
(vii) The hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose
(viii) The hirer agrees that the equipment has been received by the hirer clean and in good working order
(ix) The hirer will not in any way part with possession of the equipment, nor assign this hire contract, nor remove the equipment from the State without the prior approval of the owner.
5.1 To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period.
5.2 Without limiting clause 5.1 of this agreement, the hirer agrees that to the full extent permitted by law, no warranties are given by the owner in respect of the equipment. Any liability of the owner under any warranty, which cannot be excluded by law, will not exceed either the cost of repairing the equipment or the cost of resupplying the equipment, at the discretion of the owner.
6 Loss, damage or breakdown of plant and equipment
6.1 The hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred, except for fair wear and tear, during the hire period.
Including but not limited to;
(i) Breach of any statutory laws or regulations in connection with the use of the equipment by the hirer
(ii) Misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment
(iii) Theft, loss or damage by whatever cause to Hire Equipment, tools and/or accessories supplied with the equipment including but not limited to; hoses, drills, bits, grease guns, electric leads, tyres and tubes;
(iv) Lack of lubrication or non-adherence to other normal maintenance requirements that could reasonably be expected of the hirer under the agreement;
(v) Disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the Manufacturer’s Instructions if supplied with the equipment at the commencement of hire
(vi) Unexplained disappearances of the equipment
(vii) Theft or accident or rollover
(viii) Loading or offloading equipment from maritime vessels, transportation of equipment on maritime vessels or the use of equipment on any wharf or bridge or over any body of water.
6.2 The hirer is liable for the payment of the new list price of any equipment not returned to the owner. If there is a breakdown failure or accident involving the equipment, the hirer shall notify the owner immediately for the appropriate action to be taken.
The hirer will assume all risks and liabilities for, and in respect of, the equipment and for all injuries to or deaths of persons and any damage to property how so ever arising from the hirer’s possession, use, maintenance, repair, storage or transport of the equipment.
To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.
9 Title to equipment
9.1 The hirer acknowledges that the owner retains title to the equipment and that the hirer has rights to use the equipment as a mere bailee only. The hirer agrees that the hirer has no rights to pledge the owner’s credit in connection with the equipment The hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the equipment and not to conceal or alter the goods or make any addition or alteration to, the equipment.
10 Repossession and remedies on default
10.1 The owner may retake possession of the equipment if the hirer breaches any provision of this agreement, notwithstanding anything else herein contained.
10.2 If repossession takes place, the owner shall only charge the hire fee up to and including the time of repossession.
10.3 All costs incurred by the owner in repossessing due to a breach are to paid by the hirer.
10.4 In the case of repossession due to a breach of this agreement the hirer agrees to grant the owner permission to enter any premises where the equipment listed in the Contract is situated to disconnect, decommission and/or remove that equipment.
10.5 In addition to the owner’s right to retake possession the owner is entitled in its discretion, following any breach of any provision of this agreement by the hirer, to terminate this agreement and/or sue for recovery of any damages or charges or loss suffered by the owner, and to recover any cost the owner may have incurred in relation to collecting amounts outstanding relevant to this agreement.
11 Completion of the hire period
11.1 The hire period is completed when the equipment has been returned to the owner in the same condition as when it was hired:
(i) on or by the date and time outlined in the Schedule, or
(ii) will be deemed completed only when the hirer has informed the owner at the owners premises’ by telephone or in person that the equipment is ready for pick-up. Delivery drivers cannot accept collection details.
11.2 Where pick-up is agreed the owner will arrange to pick-up the equipment within a reasonable period after a request to do so and will issue the hirer with a off hire number.
11.3 The hirer agrees to maintain the responsibility for the equipment whilst it is awaiting pick-up.
12.1 The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
13.11 If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
14 Governing law
This agreement is governed by the laws of the State of South Australia and each party submits to the exclusive jurisdiction of the Court of South Australia.
15 Privacy Act. Acknowledgement that credit information may be given to credit reporting agency, the Customer understands that section 18E(8)(c) of the Act allows the Supplier to give a credit reporting agency certain personal information about the Customer. The information which may be given to an agency is covered by section 18E (1) of the Act and includes: Particulars to identify the Customer, The fact that the Customer has applied for credit and the amount, The fact that the Supplier is a credit provider to the Customer, Payments which become overdue more than 60 days, Advice that payments are no longer overdue, Cheques of $100 or more drawn by the Customer which a Bank has dishonoured more than once, In specified circumstances, that in the opinion of the Supplier the Customer has committed a serious credit infringement, That the credit provided to the Customer by the Supplier has been discharged.
16 Authority for the Supplier to obtain certain credit information.
To enable the Supplier to assess the Customer application for commercial or personal credit, the Customer authorises the Supplier as follows: If asked to provide commercial credit, to obtain from a credit reporting agency a credit report containing personal credit information about the Customer. This is in accordance with section 18K (1)(b) of the Act. If asked to provide personal credit, to use a credit report containing information about the Customer’s commercial activities or commercial creditworthiness from a business which provides information about the commercial creditworthiness of a person. This is in accordance with section 18L(4) of the Act.
17 Authority to exchange information with other credit providers.
In accordance with section 18N (1)(b) of the Act, the Customer authorises the Supplier to give to and receive from the credit providers named overleaf or that may be named in a credit report issued by a credit reporting agency, information in the supplier’s possession or the other credit provider’s possession about the Customer’s creditworthiness, credit standing, credit history and credit capacity.
The Customer understands the information may be used to:
(a) Assess an application for credit by the Customer
(b) Assist the Supplier in avoiding default on the Customer’s credit obligations
(c) Notify other credit providers of a default by the Customer
(d) Assess Customer’s creditworthiness.