1. Contract of Hire

These conditions and the set out on the face of this document govern the terms of the grant of hire of the equipment to the hirer.

PLEASE NOTE THAT IT IS THE HIRERS RESPONSIBILITY TO INSURE THE EQUIPMENT

2. Hirer’s Decision to Hire

The hirer has inspected the equipment prior to taking possession of the equipment and is satisfied that the equipment is clean, in good repair and in safe working order.

• Is aware of the proper use for which the equipment is designed and is satisfied that it is suitable for the purpose required.
• Is satisfied with the instructions given in the proper and safe manner of using the equipment and is familiar with its proper and safe use.
• Is relying on its own judgement in hiring the equipment and its use and not on any representation, advice skill or judgement of the owner.
• No warranty is given that that the equipment is suitable for its intended purpose.
• This contract contains no express or implied warranties other than those which appear in this agreement or are implied by law.

3. Use of Equipment

The hirer agrees that the equipment is to be used.

• In a skilful and proper manner for the purpose and within the capacity for which it was designed.
• By the hirer or suitably competent or qualified employees or licensed operators.
• At the hirers cost in accordance with all relevant legislation including but not limited to Occupational Health and Safety legislation.
• In accordance with any manuals, operating instructions or safety advices or safety signs provided with the equipment and will ensure that such matters are brought to the attention of anyone operating the equipment.

4. Period of Hire

The period of hire shall commence from either:

1. a) The commencement date and time shown or,
2. b) The time when the equipment is delivered to the hirer at the address contained whichever is the earlier and shall terminate,
3. c) at the time when the equipment is returned to the owner during normal business hours or,
4. d) at the time the hirer notifies the owner that the equipment is ready for collection by the owner and the hirer receives from the owner an off-hire number in writing, whichever is the later.

(Hire contract will not end if hired items are returned to our yard without prior notification in writing and no credits will be given if these steps are not adhered to)

5. Hiring Charges

The hirer will pay the hire charges at the rate and in the manner specified during the period.

The hiring charge is due at the commencement of the period of hire or for account customers within the agreed trading terms.

If the Hirer requests the Owner to deliver, install or collect the equipment, the Hirer agrees to pay to the Owner all the Owners reasonable expenses incurred in complying with this request in addition to the hire charges.

• Damage To Hired Equipement, Tyres and All Punctures (If Applicable) Is The Responsibility Of The Hirer.
• Please note that machines and/or equipment returned in a dirty condition will incur a cleaning charge @ cost plus 20%
• Transport includes 1-hour load and offload. Standard demurrages charges of $215.00 [Mon – Fri 07:00hr to 15:30hr] per hour is applicable should the load and offload exceed 1-hour. Quoted transport rates are day rates unless otherwise stated. All other hour POA.
• Bung Spanner provided (ArmorZone barriers only) free of charge if returned. Replacement cost $ 45:00 per Bung Spanner.
• All hires are subject to availability at the time of hire.
• A minimum 7-day hire fee is applicable on all hires.
• A $95 per hour fee will be charged, should any pre-arranged hire Pickup or Delivery occur outside of our normal yard operating hours of [Mon – Fri] 7:00 – 15.30hr. All other hour POA.
• The Hirer is required to provide Traffic Control, Franna Crane and Dogman for the installation and removal of barriers on site.
• All Prices EX-GST

6. Risk

The Hirer shall be liable for any loss or damage to the equipment whosoever arising until the equipment is returned to the Owner except damage from fair wear and tear and the hirer shall pay on demand to the owner the cost of repairing or replacing such equipment. The hirer shall maintain adequate insurance cover for the equipment during the period of hire.

The Owner shall not be liable to the hirer or to any person using the equipment while on hire for any loss, damage or injury (including any consequential damages or loss of profits) howsoever arising from the hiring, the use or operation of the equipment including any loading or unloading of the equipment.

The Hirer agrees to accept full responsibility for all claims in respect of any injury to persons, loss of productivity or loss or damage to property, arising out of the delivery, servicing, storage, possession, use or failure of the equipment during the hire period whether or not due to the negligence of the owner, its employees or agents or any other person and agrees to indemnify the Owner with respect to these claims.

The Hirer will not allow any lient to be created over the equipment nor sell, transfer, mortgage or charge the equipment and will indemnify the Owner against any losses or expenses incurred because of its loss of possession of the equipment for any of these reasons.

7. Termination

The owner may terminate this agreement at any time in its absolute unfettered discretion. The Hirer authorises the Owner and its agents and servants to enter upon such land as may be necessary to recover the equipment

8. Equipment Maintenance

The Hirer shall keep and maintain and return the equipment in a clean condition and good repair and working order and service the equipment in a skilful and proper manner at the hirer’s expense.

If the equipment becomes unsafe or in a state of disrepair or breaks down the hirer shall immediately discontinue use of the equipment and will notify the Owner immediately and if required return the equipment to the owner.

The Hirer shall not repair or attempt to repair the equipment or permit any other person to do so without the owner’s consent.

9. Costs

The Hirer agrees to pay all costs of the owner for breaching any clause of this agreement.

10. General

Owner, Seller, Hirer, Buyer and Equipment means the Owner, Seller, Hirer, Buyer and Equipment specified on the face of this contract.

The law governing this contract is the law of the state of Queensland.

This contract and any obligation or benefit under it may not be assigned by the Hirer without the written consent of the Owner.

Any person who signs this contract on behalf of the hirer or buyer warrants they have authority to do so and all information provided is true and correct.

11. Title, Risk Contract of Sale

If the face of this document designates a sale the following conditions apply.

Title in the goods does not pass until full payment for the goods has been received. If the goods are sold by the buyer before full payment is made the proceeds of sale are held on trust for the seller. Risk in the goods passes to the buyer upon delivery to the buyer, their agent or carrier or to the destination nominated by the buyer.

The seller is not liable to the buyer or any third party for any delay or failure to deliver the goods. Returns are at the sole discretion of the seller apart from defective goods which defects must be reported to the seller in writing within 24 hours of risk passing to the buyer.