Terms & Conditions
- The Intellectual Property disclosure will inform users that the contents, logo and other visual media you created is your property and is protected by copyright laws.
- A Termination clause will inform that users’ accounts on your website and mobile app or users’ access to your website and mobile (if users can’t have an account with you) can be terminated in case of abuses or at your sole discretion.
- A Governing Law will inform users which laws govern the agreement. This should the country in which your company is headquartered or the country from which you operate your web site and mobile app.
- A Links To Other Web Sites clause will inform users that you are not responsible for any third party web sites that you link to. This kind of clause will generally inform users that they are responsible for reading and agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies of these third parties.
- If your website or mobile apps allows users to create content and make that content public to other users, a Content section will inform users that they own the rights to the content they have created.
The “Content” clause usually mentions that users must give you (the website or mobile app developer) a license so that you can share this content on your website/mobile app and to make it available to other users.
Because the content created by users is public to other users, a DMCA notice clause (or Copyright Infringement ) section is helpful to inform users and copyright authors that, if any content is found to be a copyright infringement, you will respond to any DMCA take down notices received and you will take down the content.
- A Limit What Users Can Do clause can inform users that by agreeing to use your service, they’re also agreeing to not do certain things. This can be part of a very long and thorough list in your Terms and Conditions agreements so as to encompass the most amount of negative uses.
Please sign to accept the T&C's and quote. Name_____________________ Signature_____________________ Fuel charges are based $2.75 per litre. Please add 10% insurance to the Price Lists tables unless you have a Certificate of Currency for "Hired in Plant" 1. DEFINITIONS Conditions of Hire & Sales: (a) “Owner” is The Company listed on the agreement. (b) “Customer” refers to the person, firm, organisation or corporation purchasing or hiring Plant from the Owner. The customer is not permitted or authorised to lend or re-hire the Plant to any other person, firm, organisation or corporation. When Plant is hired to other hire companies (that are recognised by the Owner to carry on that role), then such Customers have the right to re-hire for value. (c) “Plant” means all equipment including tools, leads, plugs, accessories, parts and any item specified on the face of the contract. Plant shall remain the property of the Owner and shall not be deemed to be a fixture. 2. CUSTOMER’S HIRING OBLIGATIONS 2.1 The Customer shall; (a) Prior to the use of the Plant determine the condition and suitability of the Plant hired for the purpose required. The Customer accepts that the Owner gives no warranty that the Plant is suitable for the Customer’s purpose. (b) Use the Plant in a safe, skilful and proper manner in accordance with the law, only for its intended use, within the capacity for which it was designed, acknowledging that the Owner can give no warranty as to the said capacity and in accordance with any instructions whether supplied by the manufacturer or the Owner. (c) Ensure that all persons operating or erecting the Plant are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed. (d) Comply with all occupational health and safety laws relating to the Plant and its operation. (e) At their own expense service, clean, fuel, lubricate and maintain the Plant in good and substantial repair and condition, except for prearranged major servicing which will be carried out by the Owner during normal working hours. (f) Clean the Plant thoroughly upon completion of the hire or be charged at the absolute discretion of the Owner a cleaning fee at a rate to be nominated by the Owner for any cleaning required to be performed by the Owner or its representatives. (g) Accept full responsibility for the safe-keeping and insuring of the Plant during the period of the hire and, where applicable, until the Plant is collected by the Owner, and indemnify the Owner for all loss, theft of or damage to the Plant however caused and without limiting the generality of the foregoing whether or not such loss, theft or damage is attributable to any negligence, failure or omission of the Customer. (h) Accept full responsibility for, and indemnify the Owner against all claims, judgement, damage, loss, expense (including all reasonable legal costs and disbursements of lawyers) or liability incurred or suffered by or brought or made or recovered against the Owner in respect to any injury to persons, or loss or damage to property, arising out of the delivery, servicing, storage, possession or use (including unauthorised use) of the Plant during the hire period however arising, whether from negligence of the Customer or otherwise and without limiting the generality of the foregoing whether or not the Plant was being operated by a servant of the Owner or any other person for whose acts the Owner might be or is held to be responsible in connection with the operation of the Plant. (i) Not be entitled to claim any lien over the Plant nor sell, transfer, mortgage, charge or encumber in any way the Plant nor, without the Owner’s prior written consent, part with possession of the Plant nor assign the benefit of the hire agreement. (j) Not be entitled to remove the Plant or allow it to be removed from the State or site if applicable from which it was hired without the Owner’s written permission. (k) Not alter, make any addition to, deface or erase any identifying mark, plate or number on or in the Plant or in any other manner interfere with the Plant. (l) Ensure that no illegal, prohibited or dangerous substances are carried in or on the Plant. (m) Pay to the Owner all hire and related charges and other costs as stipulated in accordance with this agreement. (n) Ensure that all safety information, notices, terms and conditions, operating instructions and risk assessments supplied with the Plant will be conveyed to any person using the Plant. (o) Display with the Plant and maintain any safety signs supplied with the Plant or as required by State or Federal legislation and bring them to the attention of any person using the Plant, and ensure that they are clearly visible to or by the operator of the Plant. (p) Ensure that all safety and operating instructions and notices are observed and not defaced or removed from the Plant. (q) Ensure that all operators of the Plant wear suitable clothing and any protective equipment required or recommended by the manufacturer’s safety and operating instructions, or as recommended by the Owner. (r) Ensure that a job safety analysis is conducted prior to operating any electrical or mechanical Plant to ensure safe working methods apply. (s) Comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Plant. The Customer indemnifies and agrees to keep the Owner indemnified against any loss, cost, damage or expense incurred or which may be incurred by the Owner arising from the use of the Plant under this contract. (t) Allow the Owner to inspect the Plant from time to time during the hire period and the Customer shall permit or procure admission for representatives of the Owner to the premises upon which the Plant is situated for that purpose. (u) Accept full responsibility for any damage to Plant excluding normal wear and tear. (v) Pay any lost profit to the Owner arising from or in connection with the loss, theft or damage to the Hire Equipment, including without limitation, lost profit resulting from the inability of the Owner to hire the Hire Equipment to any other party. 3. TAXES AND DUTIES (a) Except as otherwise provided by the law all sales, excise, goods and services and similar taxes or duties which the Owner may be required to pay or collect with respect to the Plant or its supply to the Customer shall be paid by the Customer immediately, or at such time or times as otherwise determined by the Owner. Where the Customer claims exemption from duty or tax the Customer must furnish appropriate exemption certificates to the Owner. (b) The Owner may charge the Customer a fee for accepting payment by a credit card in accordance with State laws. 4. TERMS OF PAYMENT (a) Where the Owner is responsible for delivery and/or installation of Plant, it will not be responsible for the delays in delivery or installation or failure to deliver due to causes beyond its control including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or regulations or governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation. (b) Hire is charged for the time the Plant is out of the possession of the Owner at the Customer’s request (inclusive of weekends and public holidays) and when held on standby, not only the time during which the Plant is used. (c) Payment in full by account Customers for all hiring charges and any other amounts payable in accordance with these Conditions of Hire and Sales is required 30 days from the date of the invoice. (d) The Owner reserves the right to revise its hire rates and related charges without notice. (e) Hire charges cover only the fee for hiring the Plant to the Customer. If the Customer requires the Plant to be delivered and/or installed, the Customer shall in addition pay the Owner all freight and other charges incurred in transporting the Plant, including loading and unloading at site and Tolls along the way. The Owner shall, if requested by the Customer, but only if personnel are available, attend the site and instruct the Customer in the operation of the Plant, and the Customer shall in addition pay the Owner for such services. Any other additional services provided to the Customer, shall be paid for by the Customer. (f) The Owner may charge interest on all amounts not paid by the Customer by the due date at the rate of not greater than 1.5% per month calculated on the daily balance, from and including the due date to the date of the actual receipt of payment. (g) The right to demand payment of interest under this Clause 4 is without prejudice to any other rights and remedies that the Owner may have in respect of a payment default under this agreement. (h) The Owner may set-off against any credit owed to the Customer any amount owing by the Customer to the Owner. 5. PERIOD OF HIRE (a) The daily and weekly rates are based upon 8 hours or 40 hours respectively. If used in excess of these hours, an additional hiring charge may be applied. (b) The period of hire shall commence from the time the Plant is picked-up by the Customer or delivered to the Customer. 6. TERMINATION OF HIRE & RECOVERY OF PLANT 6.1 Without prejudice to any other remedies available to the Owner and notwithstanding any period of hire specified, the Owner may terminate this hire agreement; (a) At any time by giving the Customer 24 hours notice of its intention to so terminate, such termination to be effective as of the expiry of 24 hours or as agreed under the hire contract. (b) Without notice, if the Customer commits any breach of the hire agreement, or do or permit to be done any act or thing whereby the Owner’s rights in or to the Plant may be prejudiced, or have a winding up petition presented against it or be wound up, or go into voluntary liquidation or commit an act of bankruptcy or if a receiver of its assets or any of them is appointed or if it makes an assignment or compromise for the benefit of its creditors or if its business is placed under administration or official management or it ceases to carry on business. (c) If the Owner has terminated the hire agreement or if the Customer has failed to make payment to the Owner in accordance with the terms of the agreement, then upon giving the Customer 24 hours notice of its intention to remove the Plant, the Customer expressly authorises the Owner to enter the premises where the Plant is located and arrange for its removal. The hire period shall not cease until the Plant has been removed and returned to the Owner. The costs associated with any removal will be charged to the Customer. The Owner shall not be liable for any damage caused to the Customer’s property as a result of removing the Plant. The Owner will not be responsible or liable for any personal property left inside the Plant when it is remove d or returned to the Owner. The Customer indemnifies the Owner in respect of any claims, damages and expenses arising out of any action taken under this condition. The Owner will exercise the right to retrieve the Plant at the Customers cost if the account is overdue for payment. 7. BREAKDOWN OF HIRE PLANT In the event of any Plant breakdown the Customer is required to notify the Owner immediately. Such notification does not absolve the Customer from its requirement to safeguard the Plant until it is returned to or collected by the Owner. In the event of a breakdown the Customer shall not repair, or attempt to repair, the Plant without the prior consent of the Owner. If the Plant breaks down or becomes unsafe, the Customer must immediately stop using the Plant and must take all necessary steps to prevent injuries to any persons or damage to any property as a result of the condition of the Plant. The Owner shall not be liable for any expenditure, damages, loss or inconvenience incurred by the Customer arising out of any breakdown in the Plant whether caused by fair wear and tear, lack of repair or negligence on the part of the Owner or any other reason whatever. If any Plant breaks down or is damaged due to the Customer’s negligence or wilful misuse the Owner is entitled to continue to charge hire charges until the Plant has been repaired, replaced or the Owner may recover the cost of any repairs that are carried out to the Plant. 8. ELECTRICAL EQUIPMENT – RE-TESTING AND TAGGING All electrical equipment has been safety checked, tested and tagged by the Owner prior to hire in accordance with the relevant latest applicable Australian Standard(s) and Regulatory Authority requirements. While any electrical equipment is on hire, the Customer is responsible for arranging at the Customer’s cost the re-testing of the electrical equipment by the manufacturer’s agent in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements. The Owner is able to arrange, at the Customer’s cost, for such re -testing and re -tagging of the electrical equipment. Any damage caused to the Plant resulting from incorrect testing shall be at the Customer’s cost. 9. SALES ORDERS & CANCELLATION (a) Upon placing an order to purchase any Plant, the Customer must pay the Owner a deposit nominated by the Owner at the time of sale (the “Deposit”). (b) The Customer will forfeit the Deposit if the order is cancelled at any time after 24 hours have passed from the time of the making of the order. Waiver of this condition is in the absolute discretion of the Owner. (c) The Customer shall make payment in full prior to the Plant being handed over or delivered. Special conditions may be agreed with an approved account Customer in good standing. (d) Title to any Plant sold to a Customer shall not pass until the Owner has received payment in full and all funds cleared. (e) Title to any Plant hired to a Customer does not pass from the Owner to Customer. 10. EXCLUSION OF CONDITIONS, WARRANTIES & LIABILITY To the full extent permitted by law the Owner excludes all implied terms and conditions and warranties including, without limitation, terms, conditions and warranties implied by Commonwealth or State legislation. The Owner and Customer agree that the Owner shall not be liable to the Customer or to any person using the Plant for any loss, damage or injury (including any consequential damages or loss) howsoever arising from the hiring, use or operation of the Plant. 11. MISCELLANEOUS (a) The person signing the document for and on behalf of the Customer hereby covenants with the Owner that he or she has the authority of the Customer to make this agreement on the Customer’s behalf and is empowered by the Customer to bind the Customer to this agreement and hereby indemnifies the Owner against all losses, costs and claims incurred by the Owner arising out of the person so signing this agreement not in fact having such power and/or authority. (b) This agreement replaces and supersedes all previously issued Conditions of Hire and Sales. 12. PRIVACY The Owner will comply with the National Privacy Principles in all dealings with customers. A copy of the Owners Privacy Statement is available upon request. 13. INSURANCE The Insurance will be automatically charged in addition to the Owners Hire Charge. The Customer is not required to pay the Insurance if it produces the Owner a Certificate of Currency for a policy of insurance that covers loss or damage to the Hire Equipment arising from the hire for an amount not less than the full new replacement cost of the Hire Equipment and which is otherwise satisfactory to the Owner in it’s absolute discretion. The Certificate of Currency must be valid during the hire period and state for “Hired In Plant” or listed on the Customers policy for the specific Plant and value covering the replacement cost of full new replacement cost. The insurance will only be taken off the once we receive the Certificate of Currency from that day forward. 13.1 Clause 13.2 only applies if: (a) There has been loss of, or damage to, the Hire Equipment during the Hire Period; (b) That loss or damage was caused solely by fire, storm, collision, accident, theft or burglary; (c) The Customer has paid the Insurance to the Owner prior to: (i) The relevant loss or damage to the Hire Equipment occurring; or (ii) The Customer or any of its officers or employees becoming aware that any loss or damage to the Hire Equipment may occur; (d) The Owner is satisfied that the Customer has taken adequate precautions to safeguard the Hire Equipment (including without limitation to: The Hire Agreement is personal to the customer and the customer must not allow nor authorise any other person or entity to use, re-hire or have possession of the Hire Equipment at any time during the customer use period) (e) The loss or damage to the Hire Equipment was not caused by the negligence of, or wilfully by, the Customer or its personnel, agents, contractors or other representative of the Customer; (f) The Hire Equipment is not, or is not ordinarily, used off-shore, over water or in underground mines; and (g) None of the exclusions in clause 13.3 apply. 13.2 Subject to the exclusions in clause 13.3, if this clause applies under clause 13.1 The Owner agrees, upon and subject to: (a) Prompt submission by the Customer to the Owner of: (i) A written Police report (in the case of theft or where otherwise requested by the Owner); (ii) Any other written or photographic evidence requested by the Owner (which may include sworn statements and statutory declarations); and (b) The Customer paying to the Owner an amount of $2,000 per item or 1% of the new replacement cost of the Hire Equipment (whichever is greater) in the event of loss of the Hire Equipment or damage to the Hire Equipment that is so severe that the Hire Equipment is deemed a total loss and which results in such Hire Equipment being written off, to not claim from the Customer any loss or damage to the Hire Equipment caused solely by fire, storm, collision, accident, theft or burglary. 13.3 Without limitation to any other provision of the Hire Agreement, notwithstanding the payment of any Insurance: (a) Clause 13.2 does not apply to, and the Owner may claim any loss or damage from the Customer in respect of; and (b) The Customer remains responsible for, any: (c) Theft of the Hire Equipment unless the Owner is satisfied that reasonable precautions were taken to protect and secure the Hire Equipment; (d) Electrical or mechanical breakdown or failure caused by the Customer; (e) Tyres and tube punctures, blowouts, bursts, bruises or cuts; (f) Glass breakage of, or graffiti on, the Hire Equipment; (g) Damage to Hire Equipment paintwork; (h) Wrongful conversion of the Hire Equipment or any components of the Hire Equipment; and (i) loss of, or damage to, the Hire Equipment which is caused, or contributed to, by: (i) a breach or contravention of the Hire Agreement, including these Standard Terms and Conditions of Hire by the Customer; (ii) use of the Hire Equipment in violation of any relevant laws or regulations; (iii) lack of, or faulty lubrication or general servicing of the Hire Equipment; (iv) misuse, abuse, overloading or incorrect loading of the Hire Equipment or any of its components; (v) overloading or artificial electrical current to motors or other electrical appliances or devices, including use of under-rated or excessive length of extension leads on electrical powered tools and machines; (vi) the Hire Equipment being located, used, loaded, unloaded, transported on or over water, wharves, bridges or vessels of any kind; (vii) exposure to any corrosive or caustic substance, such as cyanide, salt water, acid, etc; and (viii) transport of the Hire Equipment, except where transported by the Owner. Where the Owner determines that one of the exclusions in this clause 13.3 applies, clause 13.2 does not apply unless the Customer is able to establish to the reasonable satisfaction of the Owner that the exclusion does not apply. The Customer must provide the Owner with all the information requested by the Owner for the purpose of establishing whether or not one of the exclusions in clause 13.3 applies. 14. PERSONAL PROPERTY SECURITIES ACT 2009 (a) The Equipment will remain the property of Local Hire at all times. (b) The Hirer acknowledges and agrees with Local Hire that for the purposes of the Personal Property Securities Act 2009 (C’th) (“PPSA”), and all regulations made under the PPSA: (i) The Contract constitutes a security agreement; (ii) A security interest and if applicable a purchase money security interest (PMSI), is taken by Local Hire in respect of the Equipment: and (iii) Local Hire may at its discretion register a financing statement or financing change statement in respect of its security interest including any PMSI. . (c) The Hirer undertakes to: (i) sign any and all further documents and provide any and all further information, which Local Hire may reasonably require to protect its rights in relation to the Equipment, to register a financing statement or a financing change statement on the Personal Property Securities Register established under the PPSA, or to maintain any registration of any security interest including any PMSI; (ii) indemnify and upon demand reimburse Local Hire for all expenses incurred in protecting its rights in relation to the Equipment, registering a financing statement or financing change statement on the Personal Property Securities Register, maintaining any registration or releasing any property secured; (iii) Not register a financing statement or financing change statement in relation to any security interest or any PMSI, without the prior written consent of Local Hire; (iv) Give Local Hire not less than fourteen (14) days prior written notice of any proposed changes in the Hirer’s name or any other change in the Hirer’s structure, operations, management or other details that may affect any registration of any security interest including any PMSI. (d) The Hirer agrees that to the extent mentioned in section 115(1) (a) to (r) (inclusive) of the PPSA, the parties contract out of each of the provisions of the PPSA mentioned in that section. The Hirer also waives its right to receive a copy of any financing statement, financing change statement or verification statement. 15. SERVICING Our standard servicing hours are between 7.00am – 3.30pm Monday to Friday. Any servicing requested outside of these hours may incur an additional after hours charges.