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TERMS & CONDITIONS
BETWEEN THE parties described in Item 2 of the Schedule
The Company has available for hire the Equipment.
The Hirer has requested the Company, and the Company has agreed, to hire to the Hirer the Equipment in accordance with the terms and conditions of this Agreement
The parties agree that:
In this Agreement, unless the subject or context otherwise requires:
“COMMENCEMENT” means the date of this agreement or the date of delivery of the Equipment to the Hirer whichever is the latter.
“COMPANY” means the Company details of which are set out in Item 2 of the Schedule.
“EQUIPMENT” means the Equipment specified in Item 5 of the Schedule.
“HIRER” means the Hirer described in Item 2 of the Schedule.
“HIRE CHARGE” means the amount set out in Item 3 of the Schedule.
“HIRE PERIOD” means the period from Commencement until the date the Equipment is returned to the Company.
“PARTIES” means each of the parties to this agreement.
“PREMISES” means 4 Tatura Avenue, Two Wells SA 5501.
The Hirer must pay to the Company the Deposit upon scheduling the Hire of the Equipment with the Company. 2
The Hirer must pay to the Company the full Hire Charge on or before Commencement of the Hire Period and the Hirer agrees that the Equipment will not be released for hire until the Hire Charge has been paid to the Company in full;
The Hire Charge is subject to a full inspection of the Equipment by a representative of the company
The Hirer further agrees to pay to the Company immediately on request by the Company the following:
The recommended retail price of any Equipment which is not returned to the Company for any reason whatsoever; (
The cost of repairing any damage to the Vehicle as outlined in clause 7 of this Agreement;
Any additional charges if the Equipment is returned by the Hirer at the end of the Hire Period in a state that is excessively dirty;
Goods and services tax, any other taxes, and all fines, penalties or charges payable in respect of this agreement or arising from the Hirer’s use of the Equipment;
Any insurance excess payable in the event that the Hirer causes any loss, damage or liability to the Equipment or to the property of any third party; (
In the event that the Hirer has breached any terms of this Equipment Hire Agreement, the Hirer agrees they will be liable for all loss, damage or liability that arises due to the Hirer’s breach. (
In the event that the Hirer returns the Equipment later than the time shown in Part A, the Hirer must pay additional rental charges.
A late payment fee calculated at 10% per month on a daily basis on any amount not paid by the Hirer by the due date; and
Any expenses and legal costs, including commission paid to a commercial agent, incurred by the Company in enforcing this Agreement.
The Company will:
Deliver the Equipment to the Hirer in good working order;
Ensure an equipment check is complete before and after Hire and a damage report will be completing prior to and after Hire to be held by the Company.
Allow the Hirer to take and use the Equipment until it is due back; and
Resupply or repair the Equipment if it fails to operate properly.
The Hirer will:
Return the Equipment within 60 minutes of the End Date and Time of the Hire Period as outlined in Part A of this Agreement to the Company at the Company’s Premises. The Company will offer the service of pickup and delivery of the Vehicle.
Return the Equipment to the Company in good working order, in the same condition it was in at the start of the Rental Period, except fair wear and tear;
Return Equipment to the Premises during our normal business hours; (
Satisfy itself at the Commencement that the Equipment is suitable for its purposes;
Ensure that when the Equipment is collected from the Premises that the Hirer checks for damage of the Equipment before the Hirer takes the Equipment and in the event that there is damage to the Equipment prior to taking the Equipment for hire, that the Hirer records the damage on a report that is held with the Company.
Ensure that when the Vehicle is returned to the Premises that the Hirer checks for damage of the Vehicle before the Hirer returns the Vehicle and in the event that there is damage to the Vehicle, that the Hirer records the damage on a report that is held with the Company.
Ensure that all persons operating or erecting the Equipment have undergone all requisite training in relation to the use and safety of the Equipment and have been adequately instructed in relation to the safe and proper use of the Equipment; (
Ensure that all persons operating or erecting the Equipment have the necessary Certificate of Competency and/or hold the requisite valid licences required to operate the Equipment;
Ensure that a hazard and safety risk assessment has been conducted prior to using the Equipment;
Ensure that all Equipment and the operation of all Equipment complies with all relevant Occupational Health and Safety laws.
Provide the Company with a copy of their Driver’s Licence and the requisite licence to control machinery;
Be wholly responsible for the provision of power to the Equipment;
Ensure that any person taking delivery of the Equipment on behalf of the Hirer is authorised by the Hirer to do so and the Hirer cannot allege that any such person is not so authorised;
Indemnify and keep indemnified the Company for all injury to any person as a result of the use of the Equipment (including the provision of power) and any damage or vandalism to or theft of the Equipment and have adequate insurance to cover such occurrences;
Report and provide full details to the Company of any accident or damage vandalism or theft of the Equipment within 2 business days of the accident damage vandalism or theft occurring;
Report any vandalism, accident or theft of the Equipment to the Police and the Company immediately as soon as the accident, vandalism or theft has occurred and if so provide a Police report to the Company upon request; (
Cooperate with the Company and the Police (if applicable) in any investigation or legal proceedings relating to any accident, vandalism or theft that occurs;
Be wholly responsible for paying any insurance excess arising from any insurance claim associated with any damage caused to the Equipment by the Hirer as outlined in clause 7 of this Agreement;
Not service the Vehicle or have repairs to the Vehicle carried out unless the Company authorises the Hirer to do so; (
Allow the Company or the Company’s insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in the name of the Hirer;
Permit or ensure that the Company may claim in the Hirer’s name under any applicable Substitute Vehicle Insurance, and assist, the Company in making such a claim, including assigning any right to claim under any Insurance to the Company; and
Complete and provide to the Company within a reasonable time any statement, information or assistance which the Company or the Company’s insurer may reasonably require, including attending at a lawyer's office and at Court to give evidence.
Damages to the Hirer
The Hirer cannot recover from the Company compensation for any damage, including damages for any consequential loss, arising in respect of this agreement or the hiring or the use of the Equipment.
The Company reserves the right to terminate this Agreement, take possession of the Equipment and issue legal proceedings to recover all monies owing by the Hirer under this Agreement if any of the following events occur:
The Hirer fails to make payment of the Hire Charge by the time requested by the Company;
The Company has reasonable grounds to believe that the Hirer has used or is using the Equipment for a Prohibited use; 6
The Hirer breaches any clause whatsoever of this Agreement; or
The Hirer becomes bankrupt, insolvent or ceases to carry on a business.
In the event that the Company exercises their right to terminate this Agreement pursuant to clause 6.1, the Company must provide at least two (2) days’ notice in writing to the Hirer;
Notwithstanding clause 6.1, The Company may terminate this Agreement at any time by giving thirty (30) days’ written notice to the Hirer; and
If this Agreement is terminated early for any reason other than a breach by the Company, the Hirer agrees to pay the Hire Charges that reflect the Hire Period and any other charges that the Company may reasonably incur due to the early termination of the Agreement.
Damage to the Equipment
In the event that the Hirer cause any loss, damage or liability to the Vehicle or to the property of a third party, the Hirer agrees that they are to pay the insurance excess as per Part A of this Equipment Hire Agreement.
In the event that you have breached any terms of this Equipment Hire Agreement, you agree that you will be liable for all loss, damage or liability that arises due to your breach.
All warranties and conditions are excluded to the full extent permitted by law and the only obligation on the Company as a result of a breach by it of any condition or warranty is limited to the obligation to supply a new Equipment or to repair the Equipment.
If any dispute arises between the parties at any time after the date of this Agreement, the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia prior to instigating litigation.
The Company’s right to refuse hire
The Company reserves the right to refuse hire of other Equipment to the Hirer in the event that the Hirer has been involved in any incident or accident or where the Hirer has breached any term of this Agreement.
The Company will comply with the National Privacy Principals in all dealings with the Hirer.
This Agreement is governed by and construed in accordance with the laws of the State of South Australia and the parties irrevocably submit to the jurisdiction of the Courts of that State.
Consumer Rights Statement
The Hirer’s rights set out in this Rental Agreement are in addition to the Hirer’s rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law;
The Hirer’s rights are not excluded, modified, or restricted by this Agreement and the Hirer can find out more about their consumer rights from bodies including but not limited to the Australian Competition and Consumer Commission and State or Territory fair trading authorities.
This Agreement contains the whole agreement between the parties; and
Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.
PRESUMPTIONS AND INTERPRETATION
Unless the context otherwise requires:
A word which denotes the singular denotes the plural and vice versa;
Any gender denotes the other genders; and
A person includes an individual, a body corporate and a government body.
Unless the context otherwise requires, a reference to:
Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation; and (
Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.