Terms and Conditions of Hire

1.     In This Agreement:

a.       Equipment – Means any kind of equipment, vehicles or tools including but not limited to the following kinds of good or goods suitable for the following kinds of uses: cleaning and/or heating; entertainment; waste management; landscaping and gardening; plumbing; fending and overing: lifting: Access air and air compression; pumping and fluid management; welding; compaction; concrete &  masonry; flooring; earthmoving; floor care and cleaning, generation and power distribution; ground equipment and shoring; ladders and scaffolding; propping; lighting; materials handling; offshore pumps; safety equipment; storage; site accommodation including road barriers; signage; vehicles including trucks, vans and trailers, and includes tools and parts and accessories for any of the foregoing.

b.       Hire Agreement – means this agreement.

c.        Hire Period – means and indefinite period of time. It commences on the earlier of the following:

i.              When the Hirer takes possession of the equipment; or

ii.             If the Hirer requested delivery and collection of the equipment, the time the Owner delivers the equipment to the address requested by the Hirer/

iii.            The hire period end when the Owner’s office if advised, and all equipment returned no later than 8am on the following day, that the hire of the equipment is finished. The Hire period includes weekends and public holidays.

d.       Hirer – means any person, Company, Corporation or Government instrumentality (including the personal representatives and permitted assigned and any person of corporation entitled or required by law to administer the Hirer’s affairs) who hires any equipment from the Owner.

e.       Owner – means Hillview Hire Pty Ltd and its assigns.

2.    The Owner owns the equipment in all circumstances. The Owner retains title to the equipment (even if the Hirer goes into liquidation or becomes bankrupt during the Hire period). The Hirer’s righty to use the equipment are as a bailee only.

3. The Hirer is not entitled to offer, sell, assign, sub-let, leg charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the equipment in any way.

4. In no circumstances will the equipment be deemed to be a fixture.

5. In Addition to the Hire Charges invoices by the Owner, the Hirer agrees to pay:

   a.       for any consumables, fuel, or trade materials the Owner supplied to the Hirer.

   b.        if the Hirer requires the Owner to deliver, collect or install the equipment; the cost of delivers, collection or installation. Such Charges may include awaiting fee (charged at cost) in addition to the delivery and collection free if the nominated time for deliver or collection of the equipment is delayed by the Hirer.

   c.        If the hirer does not return the in clean and good working condition, charges for the cleaning and the repair of the equipment which is charges at the current hourly rate.

   d.       a charge for pumping out waste tanks or refilling water or fuel tanks;

   e.       any stamp duty or GST arising out of this Hire Agreement;

   f.        any other applicable levies, fines, penalties, and any other government charges arising out of the Hirer’s use of the equipment;

   charges for payment made by credit card;

6. If the Hirer does not pay the invoice in full by the payment due date, the Owner may charge, in addition to any other costs recoverable under this Hire Agreement:

   a.       Interest, calculated daily, on the total outstanding balance. The interest rate used to calculate the interest payable is 16% per day; and

   b.       Any costs and expenses (including any commissions payable to any commercial or mercantile agents and legal costs) incurred by the Owner in recovering any unpaid amounts under this Hire Agreement.

7.      If the equipment has broken down or become unsafe to use as a result of the Hirer’s acts or omissions, (or the acts or omissions of the Hirer’s employees or contactors) or if the equipment is lost, stolen or damaged beyond fair wear and tear during the Hire Period, the Hirer will be liable for:

a.       Any costs incurred by the owner to recover and repair or replace the equipment as invoices by the Owner; and

b.       The Hire Charges for that portion of the Hire Period during which the equipment is being recovered and repaired or replaced.

8. The Hirer shall supply all fuel required for the efficient operation of the equipment.

9. Field service is available for repairs or replacement to the equipment due to fair wear and tear.

10. The Owner shall not be liable for any damage occasioned to the Hirer or by any reason of any delay inconvenience, expense, injury or loss of any kind due to any breakdown of equipment or for any damage for bodily  injury suffered by the Hirer or any other person using, driving or entering or alighting from or being conveyed in or by the equipment or for damage to property being conveyed in or by the equipment or arising in any way whatsoever from the use of the equipment.

11. Stand-by: Allowable only for the inclement weather. Our office must be notified, prior to 8am of the day concerned, if equipment is to be on stand-by for that particular day. Stand-by will be charges and one-third of normal rates. A full day’s hire will be charges if our office is not notified and no claim will be recognised.

12. The Hirer agrees that before taking delivery of the equipment, the Hirer has satisfied themselves as to the suitability and condition of the equipment and the Hirer will ensure that the equipment is used only for the purpose for which it was designed by the manufacturer. The Owner makes no representations and given no guarantee or warranty that the equipment is suitable for the Hirer’s intended purpose.

13. The Hirer must:

a.       Operate the equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions.

b.       Ensure persons operating or erecting the equipment are suitably trained on its safe and proper use, qualified to use the equipment and where necessary, hold a current licence to perform high risk work;

c.        Wear suitable clothing and protective equipment when operating the equipment as required or recommended by the lay, the manufacturer or the Owner;

d.       Ensure that no persons operating the equipment are under the influence of drugs or alcohol;

e.       Conduct a job safety analysis prior to using the equipment;

f.        Ensure that no persons carry illegal, prohibited, or dangerous substances in or on the equipment; and

g.       Display all safety signed and instructions (as required by law) and ensure that all instructions and signs are observes by operators of the equipment.

14. In the event that the equipment breaks down or becomes unsafe to use during the Hire Period the Hirer must:

a.       Immediately stop using the equipment and notify the Owner;

b.       Take all steps necessary to prevent injury occurring to persons or property as a result of the condition of the equipment;

c.        Take all steps necessary to prevent any further damage to equipment itself; and

d.       Not repair or attempt to repair the Equipment without the Owner’s consent

15. Either party may terminate this Hire Agreement and any Hire Period immediately by giving notice to the other party, if;

a.       The other party breaches any term of the Hire Agreement and fails to remedy the breach within 7 days of written notification of the break; or

b.       That other party becomes bankrupt or insolvent, executed a personal insolvency agreement, enters into liquidation, administration, receivership or ceases to carry on business.

16. The Owner may terminate the Hire Agreement and any Hire Period for any other reason on 24 hours’ notice.

17. The Owner may terminate the Hire Agreement immediately if the Hirer or any third part has made a false statement in or breaches any provision of the relevant Documents.

18. These rights of termination are in addition to any other rights either party has under the Hire Agreement and does not exclude any right or remedy under law or equity.

19. If the Hirer is in breach of the Hire Agreement the Owner may, at the Hirer’s cost, take all steps necessary (including legal action) to recover the equipment, including entering the Hirer’s premises to do so. The Hirer expressly consents to the Owner entering their premises for the purposes of recovering the equipment.

20. The Hire Agreement comprises the entire agreement between the parties. No additional terms and conditions (including any terms contained in any purchase order supplied by the Hirer) apply to the hire of the equipment.

21. If any part of this Hire Agreement becomes void or unenforceable for any reason, then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts

22. The Hire Agreement is governed by the laws of Victoria and each party submits on the non-exclusive jurisdiction of the courts and that State in respect of any proceedings arising in connection with the Hire Agreement. Each part waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.