HIRE AGREEMENT CONDITIONS
NOTES TO CUSTOMERS:
This Agreement is a claim for payment under the Building and Construction Industry Security of Payment Act 1999.
You are responsible for any damage, loss or theft of the Equipment (even after obtaining a Customer Pick Up Number) until the equipment is back in the possession of HIRERITE.
1. HIRERITE Obligations.
HIRERITE will:
1.1 Allow the Customer to take and use the Equipment until it is due back.
1.2 Provide the Equipment to the Customer in good working order.
1.3 Subject to clause 2.2 be responsible for repairing any damage to the Equipment caused by the ordinary use of the Equipment by the Customer.
1.4 Re-supply or repair the Equipment if it fails to operate properly.
1.5 Collect the Equipment within 5 days of being requested to do so by the Customer and issuing to the Customer a Customer Pick Up Number.
NOTE TO CUSTOMERS:
You must retain the Equipment when due back unless you obtain a Customer Pick Up Number from HIRERITE.
2. Payment by the Customer to HIRERITE.
2.1 On or before Commencement (or as provided in the Customer’s Credit Application with HIRERITE) the Customer will pay the Hire Fees.
2.2 Immediately on request by HIRERITE, the Customer will pay.
2.2.1 The new list price of any Equipment which is for whatever reason not returned to HIRERITE.
NOTE TO CUSTOMERS:
You are responsible for any damage, loss or theft of the Equipment (even after obtaining a Customer Pick Up Number) until the equipment is back in the possession of HIRERITE.
2.2.2 The cost of repairing any damage to the Equipment caused by negligence of the Customer or the Customer’s agent.
2.2.3 The cost of repairing any damage to the Equipment caused by vandalism or (in HIRERITE’s reasonable opinion) in any way whatsoever than by the ordinary use of the Equipment by the Customer.
2.2.4 Stamp Duties, Goods and Services Tax, any taxes or duties and all tolls, fines, penalties, levies or charges payable in respect of this Agreement and the hiring.
2.2.5 All costs incurred by HIRERITE in delivering and recovering possession of the Equipment.
2.2.6 A late payment fee calculated daily at 10% per month on all unpaid Charges.
2.2.7 Any expenses or legal costs (Including commission payable to a commercial agent) incurred as a result of the failure of the Customer to pay any Charges when due.
3. Return of Equipment by the Customer to HIRERITE.
The Customer will:
3.1 Deliver the Equipment to HIRERITE when it is due back or arrange for HIRERITE to Pick Up the Equipment.
3.2 Return the Equipment to HIRERITE in good repair. |
4. Other Obligations of the Customer.
The Customer will:
4.1 Satisfy itself at Commencement that the Equipment is suitable for its purposes.
4.2 Operate the Equipment safely, strictly in accordance with the law, only for its intended use and in accordance with any manufacturer’s instructions whether supplied by HIRERITE or posted on the Equipment.
4.3 Indemnify HIRERITE for all damages caused to persons and property in relation to the Equipment and its operation and have insurance to cover any legal liabilities as a result of the use of the Equipment.
4.4 Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or fully licensed.
4.5 Comply with all occupational health and safety laws relating to the Equipment and its operation.
The Customer will not:
4.6 Move any or all of the Equipment from the nominated site stated on the Hire Agreement unless previously requested by the Customer and agreed in writing by HIRERITE (higher hire rates apply)
4.7 Tamper with, damage or repair the Equipment.
4.8 Lose possession of the Equipment.
4.9 Rely upon any representation relating to the Equipment or it’s operation other than those contained in the Agreement.
5. Customer Not to Claim Damages.
The Customer cannot recover from HIRERITE compensation for any damages (Including for Consequential Loss) arising in respect of the Hire Agreement or the hiring or the use of the Equipment.
6. Breach of Hire Agreement by the Customer.
If the Customer breaches any clause whatsoever of this Agreement or becomes bankrupt, insolvent or ceases business, then:
6.1 HIRERITE shall be entitled to:
6.1.1 Terminate this Agreement and/or
6.1.2 Sue for recovery of the Charges and/or
6.1.3 Repossess the Equipment (and is authorised to enter the Customer’s premises to do so).
6.2 The Customer must pay for any repairs to the Equipment despite clause 1.3
7. No Warranties.
All Warranties and Conditions are excluded to the full extent permitted by Law and HIRERITE’s only obligation resulting from a breach by it of any condition or warranty is limited to the supplying of the Equipment again or to the repair of the Equipment.
8. Disputes.
If a dispute relating arises to this Agreement, the hiring or the use of the Equipment (Except in regard to the payment of Charges), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
9. Privacy.
HIRERITE will comply with National Privacy Principles in all dealings with Customers. |