Hire Terms And Conditions
The following is an outline of our hire terms and conditions. By signing the hire agreement the Customer accepts all hire terms and conditions.
1. The Company Obligations. The Company will:
1.1 allow the Customer to take and use the hire item(s) until it is due back
1.2 provide the hire item(s) to the Customer clean and in good working order.
1.3 Re-supply or repair the hire item(s) if it fails to operate properly.
1.4 Collect the hire item(s) at the confirmed date and time requested by the Customer, subject to the prescribed fee having been prepaid.
2. Payments by the Customer to the Company.
2.1 on or before commencement the Customer will pay the hire fees and the Damage Security Bond
2.2 immediately on request by the Company, the Customer will pay,
(a) the new list price of any hire item, which is for whatever reason not, returned to the Company (NOTE TO CUSTOMER: You are solely responsible for loss, damage or theft of all hire items)
(b) all costs incurred in cleaning all hire item(s)
(c) all costs of repairing any damage to the hire item(s) caused by vandalism, or (in the Company’s reasonable opinion) in any way whatsoever other than by the ordinary use of the hire item(s) by the Customer;
(d) all costs of repairing any damage caused by the ordinary use of the hire item(s) up to an amount equal to 20% of the new list price of any such hire item(s)
(e) the cost of repairing any damage to the hire item(s) caused by negligence of the Customer or the Customers agents;
(f) stamp duties, Goods and Service Tax and any other taxes, duties or levies payable in
respect to the Agreement and the hiring;
(g) all costs incurred by the Company in delivering and recovering possession of the hire item(s);
(h) a late payment fee calculated daily at the rate of 10% per month on all unpaid charges;
(i) 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.
3. Return of Hire Item(s) by the Customer to the Company. The Customer will:
3.1 deliver or have ready for collection the hire item(s) to the Company when it is due back;
3.2 return the hire item(s) to the Company clean and in good repair.
3.3 return the hire item(s) in the same original packaging as the hire item(s) where collected or delivered in;
3.4 immediately advise the Company of any missing and/or damages to the hire item(s)
4. Other Obligations of the Customer. The Customer will:
4.1 satisfy himself at the commencement of the hire period that the hire item(s) is suitable for its purpose;
4.2 use and/or operate the hire item(s) safely, strictly in accordance with the law, only for its intended use and in accordance with the manufacturer’s instructions whether or not supplied by the Company or posted on the hire item(s)
4.3 indemnify the Company for all damage caused to person(s) and property in relation to the hire item(s) and its operation and have insurance to cover any legal liability incurred as a result of the use of the hire item(s);
4.4 ensure that all persons operating, using or erecting the hire item(s) are suitably instructed in its safe and proper use where necessary hold a current Certificate of Competency and/or are fully licensed to use it;
4.5 comply with all statutory occupational health and safety laws relating to the hire item(s)
and its operation;
4.6 safely secure all items loaded in or on the hire item(s) or in or on the Customers vehicle;
4.7 operate the hire item(s) with an appropriate and protected power source.
The Customer will not;
4.8 tamper with, damage, repair or adjust any settings to the hire item(s)
4.9 lose possession of the hire item(s)
4.10 rely upon any representation relating to the hire item(s) or its operation or performance other than those contained in this Agreement;
4.11 exceed the recommended or legal load/capacity limits of any hire item(s)
5. Customer not to Claim Damages. The Customer cannot recover from the Company compensation for the damages (including for consequential loss) arising in respect of this Hire Agreement or the hiring or the loss of hire item(s)
6. Breach of Hire Agreement by Customer. If the Customer breaches any clause whatsoever of this Agreement, or becomes bankrupt, insolvent or ceases business, then;
6.1 the Company shall be entitled to:
(a) terminate this Agreement, and/or
(b) sue for recovery of the charges, and/or
(c) repossess the hire item(s) and is authorised to enter the Customer’s premises to do so.
7. No Warranties. All warranties and conditions are excluded to the full extent permitted by law and the Company’s only obligation resulting from a breach by it of any condition or warranty is limited to the supplying of the hire item(s) again or to the repair of the hire item(s)
8. Disputes. If a dispute arises relating to this Agreement, the hiring or the use of the hire item(s) (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 (HRIA) before litigation.