Hiring commences at the time shown on the face of form which is the time equipment leaves the owner's store. The hiring shall terminate at such times as the equipment is returned to the owner's store, either by the hirer or following collection by the owner's vehicle at the hirer's request. The hirer is responsible for security of equipment at all times until equipment is returned to T-Hire. Requests for collection must be made by telephone, when the hirer has finished with the equipment, and not by prior arrangement. Return cartages are to be paid by the hirer.
Oone day is 24 hours. Half day is 4 hours.
In the absence of special arrangements to the contrary, equipment is hired on a daily rate, Saturday, Sunday and public holidays included.
The hirer takes the equipment hired on the express condition that the owner gives no warranty, undertaking or promise of any kind whatsoever on the condition, state of repair or fitness of the equipment the equipment hired, nor as to the suitability of the equipment hired for the work under taken with it by the hirer, and hirer shall use the equipment hired entirely at his own risk. The hirer shall consequently have no claim as whatsoever nature or kind against the owner by reason of the condition or the state of repair of the equipment hired or by reason of the same not being fit for any purpose or by reason of any injury suffered by him or other persons resulting from operation of the equipment hired whether correctly or incorrectly or otherwise howsoever arising and the hirer shall hold the owner safe harmless and the indemnified against all claims actions and proceedings on account of or touching or concerning any of the aforesaid matters and against all costs.
The hirer shall use the equipment in a skilful and proper manner and shall at his sole expense keep the same in clean condition and if any doubt as to how the same should be operated, shall refer to the owner for instructions. The hirer shall personally use the equipment hired and shall not permit the same or any part thereof to be used by any other person without prior consent in writing of the owner.
The hirer shall not sell, offer for sale, assign, mortgage, pledge, charge, or otherwise encumber or deal with or part with possession of the equipment hired or any part or parts thereof other than to the owner. If any damage beyond fair wear and tear without neglect of the hirer due to normal operation of the equipment hired shall be caused to the same, the hirer shall be responsible for the cost of repairing the same and will save harmless and keep the owner indemnified against all loss of or damage to the equipment hired. The amount of any such loss or damage to or cost of repair of such equipment shall be deemed to be a debt due by the hirer to the owner and be recoverable accordingly. If the equipment shall be returned in dirty condition the owner may clean the same and charge the hirer the cost of so doing. The cost of any such cleaning done by the owner shall be a debt due and recoverable from the hirer.
Should the equipment hired be faulty or should the same develop a fault while in the possession of the hirer, the hirer shall immediately notify the owner by phone stating the nature of the fault and shall in no circumstances carry out any repairs thereto himself or allow any such repairs to be carried out by any person other than the owner or the nominee of the owner. If the equipment hired shall develop a fault while in possession of the hirer for which the hirer is not responsible under these conditions, the hire charges will be suspended by the owner until such equipment has been repaired by him or his nominee.
While the equipment hired is in possession of the hirer, the hirer will perform and carry out all instructions of the owner or its nominee as to the manner in which the same shall be operated and as to maintenance thereof, in particular, as to the fuelling and oiling of the same.
The hirer shall keep the owner informed as to the whereabouts of the equipment hired.
Before delivery of the equipment to him, the hirer shall pay such deposit in addition to the hire charge as the owner shall nominate and upon return by the hirer of the equipment hired to him the owner shall return such deposit so paid less the cost of any repairs to the equipment hired and/or any other moneys due to the owner for which the hirer shall be responsible under these conditions.
The owner or its servants, agent or agents shall be entitled at all reasonable times to inspect the equipment hired and/or operate the same for the purpose of testing the same and the hirer hereby gives irrecoverable leave and license to the owner or its servant or servants, agent or agents to take possession of and remove such equipment and for such purpose to enter upon the premises of the hirer and as the hirer's agent and his act to enter upon any other premises whereon the equipment or any par t thereof may be for any of the aforesaid purposes.
The use of hirers purchase order numbers on this contract is for the hirer's convenience and identification only. This contract constitutes the sole agreement between hirer and owner and supersedes any purchase order provisions whether sent to or received subsequent to this contract. Absence of purchase order number shall not constitutes grounds for non-payment of the hirer charges when hirer has enjoyed or had the right to enjoy the use of the hired items.
Insurance of all hired equipment is the responsibility of the hirer.
All obligations imposed on the hirer by these conditions shall if there be more than one hirer, be joint and several.
Each of the foregoing conditions shall be without prejudice to each other.
Hirer accepts full responsibility for any personal property transported on said equipment and agrees to save owner harmless from any claim for loss or damage to such property, and further; acknowledges that he/she has examined the coupling mechanism and safety chain, that the trailer is securely attached to the hirer's vehicle on leaving owner's place of business, that the hirer shall periodically inspect said equipment and coupling mechanism and chain and maintain them in a safe and secure condition while in use,. Hirer further agrees that he/she will not sublet said equipment or assign this lease and will not use or permit use of this equipment with any other vehicle. All other provisions thereof shall also apply.
The Environmental Management at any site on which the Company's equipment is used is the responsibility of the customer. In this regard the Company disclaims responsibility for any infringements which occur related to breaches of Acts, Rules and Regulations pertaining to environmental pollution aspects such as noise, atmospheric, water, sewerage, dangerous goods, waste disposal etc.
Insurance of all hired equipment is the responsibility of the hirer.
This clause applies to the extent that this Agreement provides for a 'security Interest' for the purposes of the Personal Proper ty Securities Act 2009 (Cth) ("PPS Law).
References to PPS Law in this Agreement include references to amended, replacement and successor provisions.
The Owner may register its security interest as a PMSI. The Hirer must do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of:
The Owner may recover from the Hirer the cost of doing anything under this clause, including but not limited to registration fees.
The rights of the Owner under this document are in addition to and not in substitution for the Owner's rights under other law (including PPS Law) and the Owner may choose whether to exercise rights under this document, and/or under other law,as it sees fit.
To the extent that Chapter 4 of the PPS applies to the security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are "contracted out" of this Agreement in respect of all goods to which that section can be applied: section.95 (notice of removal of accession to the extent it requires the Owner to give notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give notice to the Hirer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (reinstatement of security agreement).
The following provisions of the PPS Law confer rights on the Owner: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured par ty may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral). The Hirer agrees that in addition to those rights, the Owner shall, if there is default by the Hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer agrees that the Owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence.
The Hirer waives its rights to receive a verification statement in relation to registrationevents in respect of commercial property under section 157 of the PPS Law. The Owner and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement in this sub-clause is made solely for the purposes of allowing the Owner the benefit of section 275(6)(a) and the Owner shall not be liable to pay damages or any other compensation or be subject to injunction if the Owner breaches this sub-clause.
The Hirer must not create, purport to create or permit to be created any 'security interest' (as defined in PPS Law) in the Equipment other than with the express written consent of the Owner.
The Hirer must not lease, hire, bail or give possession (sub-hire') of the Equipment to anyone else unless the Owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this Agreement.
The Hirer may not vary a sub-hire without the prior written consent of the Owner (in its absolute discretion).
The Hirer must ensure that the Owner is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.
The Hirer must take all steps including registration under PPS Law as may be required to:
The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees.
To assure performance of its obligations under this agreement, the Customer (Hirer) hereby gives T-Hire an irrevocable power of attorney to do anything T-Hire considers the Customer (Hirer) should do under this agreement.
FAILURE TO RETURN THE SCHEDULED EQUIPMENT ON OR BEFORE THE FINAL DATE OF THE HIRE PERIOD NOMINATED IN THE SCHEDULE CAN BE CRIMINAL THEFT AND MAY BE IMMEDIATELY REPORTED TO THE POLICE