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1. HIRE CONTRACT
1.1. This hire agreement is an agreement which applies to you and relates to all equipment hired by us to you.
1.2. In addition to these Terms and Conditions, you, the customer, also agree to any special or specific terms or conditions contained within written quotes or contracts or documents provided to you by us.
1.3. Terms or conditions supplied by you, the customer to us in purchase, work orders or any other document will not in any way form part of this hire agreement. Any additional terms or conditions to be imposed by the customer upon us are to be supplied on a separate document and are only enforceable if signed by us.
2. OUR HIRE COMMITMENT TO YOU
2.1. All equipment will be provided in good working order.
2.2. All equipment will be available for your sole use during the Hire period (subject to these terms and conditions)
3. YOUR OBLIGATIONS TO US
3.1. This agreement is between us and you personally. You must not allow other people to use or have possession of the equipment unless agreed to by us in writing.
3.2. Prior to taking possession of the equipment, you have viewed and assessed the equipment and are satisfied that it is fit for your specific purpose.
3.3. If the equipment is damaged upon delivery or collection, you need to immediately notify us (within 24 hours of taking delivery) otherwise the equipment will be deemed to have been good working condition and undamaged upon you taking delivery.
3.4. You must ensure that the equipment is used, driven, towed etc in compliance with all applicable laws and regulations.
3.5. You must ensure that the equipment is used only for the purpose which the manufacturer designed it for.
3.6. You must ensure that
3.6.1. The equipment is only used/operated by suitably trained people (if required)
3.6.2. People using the equipment must hold the appropriate license or authority to operate and or use the equipment (if required)
3.6.3. Appropriate Personal Protective Equipment (PPE) is used/worn by all people using the equipment.
3.6.4. Any persons who are using the equipment are not under the influence of any intoxicating liquor or drugs while using the equipment.
3.6.5. The equipment is safely loaded and secured prior to transport of the equipment in compliance with all laws and regulations.
3.7. You must clean and lubricate the equipment throughout the renal period (at your own cost) in accordance with the manufacturer’s instructions.
3.8. If we supply an operator to operate the equipment (at your request) the operator will be working under your sole direction and control during the hire period. The operator will, if it is safe to do so, comply with your directions to the best of their and the equipment’s ability.
3.8.1. We take no liability to you for any acts or omissions of the operator while they are acting under your direction and control during a hire period.
3.9. You must not.
3.9.1. Modify the equipment in any way shape or form without or prior written consent from us to do so.
3.9.2. Damage or repair the damage you caused to the equipment without or prior written consent from us to do so.
3.9.3. Hide, alter, deface or remove any identifying marks, number, signs, serial number or identifying marks on the equipment.
3.9.4. Remove the equipment from the state in which you hired it without the prior written consent from us to do so.
3.9.5. Take or transport the equipment more than 200km from the location from which you hired it without the prior written consent from us to do so.
3.9.6. Use the equipment in the presence of hazardous substances including but not limited to asbestos removal without the prior written consent from us to do so.
3.9.7. Use the equipment in any of the following locations/environments without prior express written consent from us.
3.9.7.1. Accessing or operating airside or on airfields
3.9.7.2. In the vicinity of blasting or explosive work
3.9.7.3. Oil, Petrochemical, gas extraction and or exploration
3.9.7.4. In close proximity to rail tracks
3.9.7.5. On or over water
3.9.7.6. Underground
3.10. Should the equipment be exposed to hazardous substances (inadvertently or otherwise) you must
3.10.1. Immediately notify us of the type of exposure, including all known risks associated with the exposure.
3.10.2. Appropriately clean/decontaminate the equipment removing all hazardous substances from the equipment. You must provide us with written details of such decontamination you performed/had performed on the equipment.
3.10.3. If we reasonably believe the equipment cannot be effectively decontaminated and there is an unacceptable risk that the contaminated equipment will cause risk or exposure to people/persons who may come in contact with the equipment in the future. You must pay the replacement costs of the equipment which you exposed to the hazardous substance. (new for old replacement, like for like at your own cost)
3.11. You will comply with all environmental laws and will rectify, at your own time and cost any breaches of any environmental laws caused by your use of the equipment.
4. HIRE PERIOD
4.1. The hire period commences on one of the following (whichever occurs first)
4.1.1. At the time when the Equipment is in your possession
4.1.2. At the time the equipment is delivered to the address specified by you, if you have requested the equipment be delivered.
4.2. The hire period ends when the equipment is back in our possessions whether delivered by you to us or picked up by us.
4.3. If the hired equipment is returned prior to the agreed hire period, you will not be subject to a refund or partial refund unless agreed to in writing between you and us prior to the return of the equipment.
5.HIRE RATES AND CHARGES
5.1. You must pay us all monies, charges and fees in full as set out in the contract/invoice sent to you.
5.2. For long-term hire of equipment, we may increase our hire rates, part way through the contract period. Should this occur, we will give you written notice and a seven (7) day period before the new rate takes effect. If you do not agree with the rate increase, you must return the equipment to us prior to the new rate taking effect and the hire period will end in accordance with section 4.2 of this hire agreement. If you do not return the equipment, it is taken that you agree to the new rate and will pay this new rate for the rental of the specified equipment from the 8th day onwards after receiving the written notice of the rate increase.
5.3. You will be required to pay for all equipment hired by you from us for the full specified hire period in accordance with the terms and conditions. If the hired equipment is returned prior to the agreed hire period, you will not be subject to a refund or partial refund unless agreed to in writing between you and us prior to the return of the equipment.
6. ADDITIONAL CHARGES
In addition to the equipment rental charges specified on the invoice/quote, you agree to pay us.
6.1. For the replenishment of fuel (petrol or diesel) if you return equipment to us where the fuel tank is not full. The cost of replenished fuel will be charged to you at 1.5x the cost of the fuel used. The cost of replenished fuel will be calculated as follows. Liters of fuel used to replenish equipment x cost of fuel per litre at local service station (to be determined by us) x 1.5.
6.2. Costs associated with delivery and/or collection of the equipment (including if the equipment is recovered/collected by us due to your noncompliance with terms and conditions)
6.3. An additional hourly rate for the use of the equipment, if any motor-driven equipment is used for more than 8 hours per hired day. This rate is calculated as follows, for each 1 excess hour of use above the daily 8 hours, you will be charged 1/8 of your daily hire rate for that piece of equipment. Note trailers are not subject to a daily maximum usage.
6.4. Cleaning of equipment. If equipment is returned non satisfactory/dirty condition, you will be charged for the cleaning of the equipment.
6.5. Repairs of equipment. If the equipment, or the trailers, the equipment are transported on are returned damaged. You will be charged the costs associated with repairing the equipment or trailers to the same standard and condition they were when you commenced the rental.
6.6. Any additional charges for payment methods chosen and used by you may be passed on from us to you.
6.7. Any GST, stamp duty or any other fines, tolls, traffic infringements, penalties, government charges or levies resulting from your use of our equipment.
6.8. Additional charges if the equipment is not returned to our possession by the specified date and time.
7. PAYMENT
7.1. All payments are due on receipt of invoice.
7.2. If invoices are not paid within 14 days of receipt of invoice, we may charge in addition to any other costs listed in this agreement, interest on the unpaid invoice. Interest will be calculated monthly on the entire outstanding monies owed. The interest rate used will be the current reserve bank of Australia ‘Cash Rate Target’ plus 3%.
7.3. You will be required to reimburse us all legal costs and expenses otherwise incurred by us in recovering any unpaid amounts owed by you to us under this agreement.
8. OWNERSHIP OF THE EQUIPMENT
8.1. We own all of the equipment and retain the title to the equipment at all time, this includes when you have hired and the equipment is in your possession. You are using the equipment as a bailee only during this period.
8.2. If the equipment provided by us to you was hired by us from a 3rd party, the ownership of the equipment is owned by that 3rd party in accordance with their specific terms and conditions.
8.3. As you do not own the equipment, you must not either offer, advertise or attempt to see, sublet, charge, mortgage, pledge or create any security interest over any of our equipment.
8.4. You agree and acknowledge that,
8.4.1. This hire agreement constitutes a security agreement and a PMSI for the purpose of the PPSA and
8.4.2. All equipment supplied by us to you, both previously and in the future has a security interest taken by us
8.4.3. You agree to do anything reasonably required by us (including obtaining documents, information or written or verbal consent from other parties for the purposes of
8.4.3.1. Allowing and ensuring that any security interest held by us is enforceable, perfected and otherwise effective.
8.4.3.2. Enabling us to use the information to complete any finance requests/statements, complete registration or give notification in connection with the security interest of the equipment.
8.4.3.3. Allow and enable us to exercise our rights in connection with the security interest held on the equipment.
8.4.4. You rescind and waive any rights held under the following section of the Personal Property Securities Act 2009 (PPSA), specifically sections 95, 96, 117, 118, 121(4), 130, 132(3)(d), 132(4), 134(1), 135, 142, 143 and 157 of the PPSA.
9. RETURN OF EQUIPMENT
9.1. All equipment must be returned to us in the same condition and in good working order as it was when you commenced the hire. (fair wear and tear excepted)
9.2. All equipment must be returned to the location from which it was hired and during normal business hours (unless a variation to the time and place was agreed to in writing by us)
9.3. All property will be returned in a clean and decontaminated state. Should the equipment not be returned in this clean and decontaminated state, you will be charged a cleaning fee/decontaminate fee.
9.4. If you have arranged for us to collect the equipment from you, it is your responsibility to ensure the equipment is kept safe and secure until the time we collect it.
10. BREAKDOWN, LOSS, STOLEN OR DAMAGED EQUIPMENT
10.1. Should the equipment break down, is lost, stolen, damaged or in any way unsafe to use during the hire period. You must
10.1.1. For damaged, broken down or unsafe equipment, immediately stop using the equipment and notify us, providing all relevant details as to the condition of the equipment.
10.1.2. In the case of lost or stolen property, immediately notify the police, reporting the equipment as either lost or stolen and contact us providing the relevant police report number.
10.1.3. Not repair, or attempt to repair any damage caused to the equipment without our written permission to do so.
10.2. Should the equipment during the hire period be lost, stolen, damaged or break down due to your negligence/any reason other than as a result of fair wear and tear, you will be liable/responsible for
10.2.1. the costs and expenses suffered or incurred by us to recover, repair or replace the equipment (new for old replacement) in accordance with section 11 and
10.2.2. the standard advertised hire charges for the time the equipment was either being repaired, replaced or generally unable to be rented by us.
11. YOUR LIABILITY TO US
11.1. We agree to limit your liability during the hire period for theft, loss or damage to the equipment to an amount for each item and every item of equipment as follows.
11.1.1. For equipment which has been stolen or lost (and not able to be located by the end of the hire period) or damaged.
11.1.1.1. If the cost to repair or replace the equipment (new for old replacement) is less than $500, you will be required to pay the entire amount for the repair or replacement of the equipment.
11.1.1.2. If the cost to repair or replace the equipment (new for old replacement) is greater than $500, you will be required to pay (whichever is greater)
11.1.1.2.1. $500 or
11.1.1.2.2. 15% of the repair or replacement cost for the equipment (new for old replacement)
11.2. Our offer to limit your liability subject to section 11.1 does not apply if
11.2.1. you do not fully cooperate with us and provide us with all documentation and evidence of the incident withing a required timeframe.
11.2.2. You do not pay the invoice for the repair or replacement of the equipment, subject to section 11.1.1.2. within 14 days of being invoiced for the repair or replacement of the equipment.
11.2.3. The loss, theft or damage to the equipment was caused by
11.2.3.1. Your negligence
11.2.3.2. You not using the equipment for its intended purpose or in accordance with the manufacturer’s instructions.
11.2.3.3. The equipment colliding with a bridge or overhead structure while in transit.
11.2.3.4. You breaching any clauses of this hire agreement.
11.3. You are 100% liable for and indemnify us and our related body corporate against all liability in respect of
11.3.1. Damage to any property.
11.3.2. Injury to any person
11.3.3. A claim by any third party
12. OUR LIABILITY TO YOU
12.1. We are not liable to you for any acts of omissions of any persons or persons supplied or recommended by us where that person is acting under your direction and control during eh hire period. You indemnify us against all liability arising from or incurred in connection with such acts or omissions.
12.2. Our aggregate Liability arising out of or in connection with this Hire Agreement is limited to an amount equal to the fees paid by You under this Hire Agreement; and
12.3. We are not liable for any Consequential Loss howsoever caused or for any loss suffered by yourself or any third parties under or in connection with this Hire Agreement.
13. TERMINATION OF HIRE AGREEMENT
13.1. You may terminate this hire agreement immediately if we have breached terms of this agreement and you have given us written notice of the breach of the agreement and the breach has not been rectified within 7 days of the written notice being given to us.
13.2. Either party may immediately terminate this agreement if the other party becomes insolvent, bankrupt, enters into liquidation, receivership or ceases to carry on business.
13.3. We may terminate this hire agreement for any reason by giving you 24 hours written notice.
13.4. We may terminate this hire agreement immediately if you have provided us with false or misleading information when applying for or hiring the equipment from us.
13.5. We may terminate this agreement immediately if we believe on reasonable grounds that you do not intend to return the equipment back to us on or before the end of the specified hire period. This includes but is not limited to if you do anything specified in sections 3.9.1, 3.9.3, 3.9.4 and 3.9.5 of this agreement.
14. RECOVERY OF EQUIPMENT
14.1. If this hire agreement is terminated in accordance with section 13 of this agreement, we may immediately and at your cost take all steps to recover the equipment. If this occurs, you consent to us or agents working for us to enter any premises you own which we reasonably believe contains the equipment subject to this recovery.
15. PRIVACY
15.1. Any of your personal information held by us (including but not limited to personal details, names and addresses, license details, bank, bank card or credit card information) will be used in order to
15.1.1. Allow us to fulfill our checks and functions associated with the hire of equipment to you.
15.1.2. Complete and enter into contracts with you or third parties relating to your hire
15.1.3. Prevent the theft of our equipment
15.1.4. Market to you by sending you information and promotions.
15.2. You consent to us providing your information to credit reporting agencies for checks on your credit history or any police force or service if required to assist us in reporting criminal or negligent acts committed by you (or someone else) in relation to the hired equipment during the hire period.
16. AUTHORITY
16.1. The person signing this and any other agreement/document with us hereby warrants that they have the authority to sign such documents for you or your business.
16.2. The person signing this agreement indemnifies us against any loss, cost or claims incurred by us arising out of the persons not actually having the required authority to sign this agreement.
17. CHAIN OF RESPONSIBILITY OBLIGATIONS
17.1. You and all of your subcontractors must ensure that you comply with Chain of responsibility laws and must ensure that all activity relating to the equipment, including transport and load restrain is undertaken in accordance with your Chain of Responsibility obligations.
18. DISPUTES
18.1. Until either party has complied with the entirety of section 18 of this agreement, neither party may commence any action (except seeking a urgent injunction or declaratory relief) against the other party in a court or tribunal.
18.2. If either party has a dispute with the other party arising out of this hire agreement, the party must give the other party notice in writing setting out the particulars of the dispute.
18.3. Both parties must within 10 business days (or more if mutually agreed upon) meet at a mutually agreed upon meeting time and location (within 10km of the location in which the equipment was hired or elsewhere if agreed by both parties) to discuss and attempt to resolve the dispute. This may occur via phone or video call if agreed to by both parties.
18.4. If the dispute is not resolved within 10 days after the meeting has taken place, the party may then commence legal proceedings.
19. GENERAL
19.1. This hire agreement supersedes all previous hire agreements (written or oral) between you and us.
19.2. Should any part or term of this agreement de deemed illegal, invalid or unenforceable, that, and only that part of the agreement will be severed from this agreement and the remainder of this agreement remains current and enforceable.
19.3. You agree that you were not induced, promised or provided any other representation contrary to these terms and conditions to get you to sign and agree to these terms and conditions.
19.4. On termination of this agreement, you agree that you are still subject to the terms and conditions of this agreement which relate to the hired equipment, including but not limited to all financial and contractual obligations to us.
20. DEFINITIONS AND INTERPERATIONS
20.1. In these Terms of Hire, unless the context otherwise requires:
20.1.1. headings are designed for ease of reference, they do not affect interpretation;
20.1.2. “including” and similar words do not imply any limitation;
20.1.3. singular includes the plural and vice versa;
20.1.4. any reference to “money” or “$” or “dollars” is always a reference to Australian currency unless otherwise specified;
20.1.5. any reference to any party includes that party’s administrators, substitutes, executors, successors and permitted assigns; and
20.1.6. any references to statutes include all statutes amending, consolidating or replacing such statutes and includes any subordinate legislation.
20.2. In these Terms of Hire, unless otherwise defined:
20.2.1. ACL means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
20.2.2. Australian Privacy Principles means the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).
20.2.3. Business Day means a day that is not a Saturday, Sunday or a public holiday in Queensland, or 27, 28, 29, 30 or 31 December.
20.2.4. Chain of Responsibility Laws means all laws relating to chain of responsibility obligations including the Heavy Vehicle National Law and any law relating to driver fatigue, fatigue management, vehicle mass and dimension, vehicle maintenance, loading requirements (including load restraint), speed management, towing and coupling requirements, vehicle permits, transport documentation for goods, container weight declarations, dangerous goods and/or any other matters relating to the safe operation of vehicles.
20.2.5. Consequential Loss means indirect or special loss or damage, loss of actual or anticipated profit, loss of business, business interruption, loss of overhead, loss of contract, loss of revenue or loss of opportunity or wasted costs.
20.2.6. CPI means Consumer Price Index being the weighted average of the All Groups Price Index Numbers for the eight capital cities of the states and territories of Australia published from time to time by the Australian Bureau of Statistics or, if that index number is no longer published, its substitute as a cumulative indicator of the inflation rate in Australia.
20.2.7. Environmental Laws 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.
20.2.8. Equipment means any equipment provided by Us to You under the Hire Agreement, including any associated or attached tools, accessories and parts available for hire.
20.2.9. Fair Wear and Tear means normal deterioration which could be reasonably expected over the Hire Period under normal operating conditions, where the Equipment is operated by a reasonably competent operator, having regard to the condition, age, existing wear and other specific characteristics of the Equipment, but excludes deterioration to the Equipment caused by use in Harsh Environments.
20.2.10. GST means the goods and/or services tax levied in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the expressions “supply” and “tax” have the same meanings as in that Act.
20.2.11. Harsh Environments means sites with exposure to salt water, mine sites or prospective mine sites, underground projects and off shore locations.
20.2.12. Hire Agreement has the meaning given to it in clause 1.
20.2.13. Hire Charge means the rates and charges payable by You for the hire of the Equipment.
20.2.14. Hire Period means the period described in clause 4.
20.2.15. Hire Schedule means the document (signed or unsigned) provided by Us to You which includes details of the Equipment You have hired, the Hire Charge, the Security, any other applicable charges, and the address for delivery of the Equipment.
20.2.16. Liability includes all liability, claims, damage, loss, costs and expenses (including legal fees, costs and disbursements on a full indemnity basis) and any environmental loss, cost, damage or expense.
20.2.17. New for old replacement means the cost to replace the Equipment with a new item of the same equipment, or if the same equipment is not available, then the cost to replace the Equipment with a new item of equipment of the same quality, function and capacity.
20.2.18. PPSA means the Personal Property Securities Act 2009 (Cth) and any other legislation and regulations in respect of it, and the following words have the respective meanings given to them in the PPS Act: financing change statement, financing statement, purchase money security interest (or “PMSI”), register, registration, security interest, security agreement.
20.2.19. Related Body Corporate has the same meaning as in the Corporations Act 2001 (Cth).
20.2.20. Relevant Documents means: (a) any credit application for a Credit Account completed by You; and any guarantee, indemnity or charge (including the Security) which guarantees all monies owing by You to Us.
20.2.21. Road Law means any law, regulation or rule relating to the use of a road, restrictions on driving hours (in whichever legislative instrument those requirement may appear), mass, load and restraint requirements for the carriage of goods, dangerous goods, environmental impacts and speed and traffic requirements and includes the Heavy Vehicle National Law.
20.2.22. Security means an unconditional undertaking, including a bank guarantee or letter of credit directed to Us and in a form approved by Us and given by a financial institution or insurance entity carrying on business in Australia and approved by Us;
20.2.23. Transport Movement means the period of time during a delivery in which Equipment is being transported by road, which is governed by Road Law and is subject to the Chain of Responsibility.
20.2.24. We/Us/Our means Skaines Hire and any Related Body Corporate of Skaines Hire and their successors and assigns.
20.2.25. You/Your refers to the person, firm, organisation, partnership, corporation, trust or other entity hiring Equipment from Us as specified in the Hire Schedule including any of your employees, agents and contractors.