Terms and Conditions
NOTE TO CUSTOMERS: This agreement is a claim for payment under the Building and Construction Industry Security of Payment Act 1999.
Interpretation of Words in this Agreement:
Charges: All of the amounts listed in Clause 3.
Commencement: The time when the Customer takes possession of the
Equipment: The equipment, tools, Motor Vehicles (including accessories) hired to the customer.
Hire Period: The period from Commencement until the Equipment is returned to the Company.
NOTE TO CUSTOMER: You are responsible for the Equipment until it is back in the possession of the Company, even after obtaining a Customer Off Hire Number.
The Company Kilometre Charge: The Companies listed on the front page of this Agreement. The amount payable for the kilometres that a Motor Vehicle has, in reasonable opinion of the Company, travelled during the Hire Period.
Motor Vehicle: A truck, utility or trailer but not any other equipment suchas a scissor lift or bobcat.
2. The Company Obligations
- allow the Customer to take and use the Equipment until it is due back.
- provide the Equipment to the Customer clean and in good working order.
- where the Equipment is a Motor Vehicle, arrange comprehensive motor vehicle accident damage insurance. That insurance will NOT cover the customer for the following:
- if the driver is over 25 the first $2,500.00 of the cost of any damage;
- if the driver is under 25 the first $3,000.00 of the cost of any damage;
- the loss or theft of the Motor Vehicle;
- costs of repairing damage:
- to a truck above the top of the cabin; or
- to or caused by a truck mounted loading device;
- to tyres;
- caused other than by the normal use of the Motor Vehicle;
- caused while the Motor Vehicle is being driven on any road that is unsealed or is not a public road;
- caused while the Customer is in breach of any clause of this Agreement.
- subject to clause 3.2, be responsible for repairing any damage to the Equipment (that is not a Motor Vehicle) caused by the ordinary use of the Equipment by the Customer.
- re-supply or repair the Equipment if it fails to operate properly.
- collect the Equipment within 5 days of being requested to do so by the Customer and issuing to the Customer Off Hire Number.
NOTE TO CUSTOMER: You must return the Equipment when due back unless you obtain a Customer Off Hire Number from the Company.
3. Payments by the Customer to the Company
- On or before Commencement (or as provided in the Customer’s Credit Application with the Company), the Customer will pay the Hire Fees and the Damage Waiver Fee.
- Immediately on request by the Company, the Customer will pay:
- the new price list of any Equipment which is for whatever reason not returned to the Company;
- (NOTE TO CUSTOMER: You are responsible for loss or theft of Equipment).
- all costs incurred in cleaning the Equipment;
- all costs of repairing any damage caused by the ordinary use of the Equipment (that is not a Motor Vehicle) up to an amount equal to
- 10% of the new price list of the Equipment;
- the cost of repairing any damage to the Equipment caused by the negligence of the Customer or the Customer’s agent;
- the cost of repairing any damage to the Equipment caused by vandalism, or (in The Company’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Customer;
- the amount not covered by the insurance referred to in clause 2.3;
- stamp duties, Goods and Services Tax, any other taxes or duties and all tolls fines, penalties, levies or charges payable in respect of this Agreement and the hiring;
- all costs incurred by the Company in delivering and recovering possession of the Equipment;
- a late payment fee calculated daily at 10% per month on all unpaid charges;
- the Kilometre Charge, and any additional Hire Fees;
- the cost of fuels and consumables provided by the Company and used by the Customer;
- any expenses or legal costs (including commission payable to a commercial agent) incurred as a result of the failure of the Customer to pay any Charges when due;
- all costs of repairing or replacing tyres, including road service.
4. Return of Equipment by the Customer to the Company
- deliver the Equipment to the Company when it is due back.
- return the Equipment to the Company clean and in good repair.
5. Other Obligations of the Customer
- satisfy itself at Commencement that the Equipment is suitable for its purposes.
- operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by the Company or posted on the Equipment.
- indemnify the Company for all damage caused to persons and property in relation to the Equipment and its operation and have insurance to cover any legal liabilities incurred as a result of the use of the Equipment.
- ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to use it.
- comply with all occupational health and safety laws relating to the Equipment and its operation.
- safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle.
- operate the Equipment with an adequate motor vehicle and/or power source.
- tamper with, damage or repair the Equipment.
- lose possession of the Equipment.
- rely upon any representation relating to the Equipment or its operation other than those contained in this Agreement.
- allow any person to drive a Motor Vehicle if the person:
- does not hold an unrestricted licence to drive that class of Motor Vehicle; or
- is affected by drugs and/or alcohol.
- exceed the recommended or legal load and capacity limits of the Equipment.
- use or carry any illegal, prohibited or dangerous substance in or on the equipment.
- travel outside the State where the Equipment is hired unless the Company approves the destination.
6. Customer not to Claim Damages
The Customer cannot recover from the Company compensation for any damages (including for consequential loss) arising in respect of this Hire Agreement or the hiring or the use of the Equipment.
7. Breach of Hire Agreement by Customer
If the Customer breaches any clause whatsoever of this Agreement, or becomes bankrupt, insolvent or ceases business, then:
- the Company shall be entitled to:
- terminate this Agreement; and/or
- sue for recovery of the Charges; and/or
- repossess the Equipment (and is authorised to enter the Customer’s premises to do so).
- the insurance referred to in Clause 2 is immediately invalidated.
- the Customer must pay for any repairs to the Equipment despite Clause 2.4.
8. No Warranties
All warranties and conditions are excluded to the full extent permitted by law and the Company only obligation resulting from a breach by it of any condition or warranty is limited to the supplying of the Equipment again or to the repair of the Equipment.
If a dispute arises relating to this Agreement, the hiring or the use of the Equipment (except in regard to the payment of Charges), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
DAMAGE WAIVER FEE
- Upon payment by the Hirer of the Damage Waiver Fee the Company shall be responsible for the cost of repairs or the cost of replacement of the Hired Goods caused by damage to the Hired Goods during the Hire Period.
- This clause in no way entitles the Hirer to, or implies the availability of, compensation from the Company for any liability incurred by the Hirer in relation to the use of the Hired Goods.
- This clause will not continue to operate after the expiration of the Hire Agreement unless an extension by the Company is granted in writing and an additional fee is paid.
- This clause will not apply to loss or damage which in any way relates to or arises out of:
- burglary or theft;
- breach of any statutory laws or regulations in connection with the use of the Hired Goods by the Hirer;
- misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the Hired Goods;
- theft, loss or damage by whatever cause to tools and/or accessories supplied with the Hired Goods including but not limited to, hoses, pints, drills, bits, grease guns, electric leads, tyres and tubes;
- lack of lubrication or non-adherence to other normal maintenance regimes that could reasonably be expected of the Hirer under the Hire Agreement;
- disregard for instructions given to the Hirer by the Company in respect of the proper use of the Hired Goods or in contradiction of the Manufacturers Instructions if supplied with the Hired Goods at the time of hiring;
- unexplained disappearance of the Hired Goods;
- theft of the Hired Goods in circumstances where on site security is available including, but not limited to, locked yards, building and sheds, where this security is not used by the Hirer to secure the Hired Goods whilst they are left unattended;
- loading or off loading of Hired Goods from maritime vessels, transportation of Hired Goods on maritime vessels or use of Hired Goods on any wharf or bridge or over any body of water.
Damage Waiver Fee: Payment made by the Hirer at the time of Hire in respect of damage which may be caused to the Hired Goods throughout the Hire Period.
Hirer: The person, persons, body or corporate entity hiring the goods for the period stated in the Hire Agreement.
Company: The owner of the Hired Goods.
Hired Goods: The item/s noted in the Hire Agreement as being passed to the Hirer for a finite period in return for financial consideration.
Hire Period: The period of the time the Hirer is allowed to retain the Hired Goods under the terms of the Hire Agreement.
Hire Agreement: The whole document detailing all aspects of the hire transaction as set out under the heading “Hire Agreement”.