HIRE TERMS

These Hire Terms, together with any Hire Form (defined in clause 1(a), set out the agreement (this Agreement) under the terms of which you or MT HIRE PTY LTD which you represent (the Customer, you) will rent the Equipment from MT HIRE PTY LTD ABN: 91 680 414 760 (MT HIRE PTY LTD, we, us, our).

1. HIRE FORM, THIS AGREEMENT

   1. These Hire Terms will apply to all the Customer’s dealings with MT HIRE PTY LTD, including being incorporated in all agreements, quotations or orders under which MT HIRE PTY LTD is to rent equipment to the Customer (each a ‘Hire Form’) together with any additional terms included in such a Hire Form (provided such additional terms are recorded in writing).

   2. The Customer will be taken to have accepted this Agreement if the Customer accepts a Hire Form, or if the Customer orders, accepts or pays for any equipment provided by MT HIRE PTY LTD after receiving or becoming aware of this Agreement or these Hire Terms.

   3. In the event of any inconsistency between these Hire Terms and any Hire Form, the clauses of these Hire Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Hire Form) will prevail over these Hire Terms to the extent of any inconsistency.

2. HIRE

MT HIRE PTY LTD provides to the Customer and the Customer accepts from MT HIRE PTY LTD the hire of the Equipment upon and subject to the provisions of this Agreement.

1. PRE HIRE

The Customer warrants that they:

1. will send a copy of their valid driver’s licence/s within 24 hours of confirming the booking to MT HIRE PTY LTD’s contact email address set out in the Hire Form;

2. have read and understood any instructional materials provided by MT HIRE PTY LTD;

3. will obtain up to date information from relevant authorities, (for example, by using the “Dial Before You Dig” service), about any infrastructure networks at the Job Site; and

4. ensure that any person collecting or taking delivery of the Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised.

1. EQUIPMENT [SL1] USE

   1. Use

      1. The Customer must ensure that the Equipment is only used:

         1. on the Job Site;

         2. for the Purpose;

         3. in a proper and skilful manner, by Personnel who are appropriately trained, licensed, certified and competent;

         4. in accordance with the Equipment manufacturer’s requirements, recommendations and instructional materials provided to the Customer; and

         5. in accordance with all Laws, rules and regulations applicable to the Equipment and its use and/or relating to the Job Site.

      2. The Customer must not, and must not allow any Personnel or third party to:

         1. tow trailered Equipment with an unsuitable or unroadworthy vehicle or on unsealed roads;

         2. tow trailered Equipment, if the driver is not the holder of a valid driver licence;

         3. use the Equipment for any dangerous or illegal purpose;

         4. use or allow the Equipment to be used to carry passengers for payment of any kind and/or for racing;

         5. make any alterations to the Equipment, including by unauthorised repair;

         6. use or allow the Equipment to be used while the operator is under the influence of alcohol or drugs;

         7. use the Equipment when it is damaged or unsafe;

         8. affix or install any accessories, equipment or device on or to the Machine (other than the Included Attachments set out in the Hire Form) without MT HIRE PTY LTD prior written consent;

         9. sub-hire the Equipment; or

         10. use the Equipment for the conveyance or towing of any load.

2. Maintenance[SL2] 

   1. The Customer must, when the Equipment is unattended, always keep it located in a secure and safe environment.

   2. The Customer is responsible for the performance and cost of daily maintenance and care of all Equipment in its possession, including:

      1. if applicable, daily checking of all fluids (fuel, oil, water, battery levels etc);

      2. if applicable, general tightening of any loose nuts, bolts, belts or fittings;

      3. if applicable, the lubrication of all grease points every day the Machine has been used; and

      4. regularly inspecting the Equipment and Included Attachments (if applicable) to ensure correct operation and for any signs of damage or malfunctioning.

   3. If the Customer does not comply with clause 4.2(b) above, and MT HIRE PTY LTD replaces any of parts of the Machine within a reasonable time following the return of the Machine, the Customer must promptly pay for such replacement, on demand from MT HIRE PTY LTD.

   4. If instructed by MT HIRE PTY LTD, the Customer must cover the Equipment with waterproof material in wet weather conditions.

3. Operator

The Customer agrees that they are responsible for the acts and omissions of any other person they allow to use the Equipment.

1. Fuel

The Customer must only fill the Equipment with fuel of a type that meets the Machine’s specifications

1. Personal Property

MT HIRE PTY LTD is not liable to any person for any loss of, or damage to, personal property that is left in the Equipment after its return to MT HIRE PTY LTD or stolen from the Equipment or otherwise lost during the Hire Term.

1. Cleaning[SL3] 

The Customer acknowledges that the Equipment is rented out in a clean condition. The Customer must return the Equipment in the same state of cleanliness (inside and out) it was in on the Start Date. If the Equipment is not Clean upon return, the Cleaning Fee specified in the Hire Form that covers the total cost to MT HIRE PTY LTD to clean the Equipment will apply.

 

 

1. DELIVERY & RETURN

   1. MT HIRE PTY LTD will use their best endeavours to have the Equipment delivered or collected on the Start Date and Return Date, however, MT HIRE PTY LTD is not responsible for any loss or damage suffered by the Customer in connection with:

      1. late delivery or collection. All timeframes for delivery and collection provided are estimates only; and

      2. MT HIRE PTY LTD leaving the Equipment at the Delivery Address.

   2. The Customer must ensure that it (or a representative) is available at the Delivery Address on the Start Date to receive delivery of the Equipment. MT HIRE PTY LTD may require the Customer to sign for delivery or otherwise indicate acceptance of the Equipment. It is the Customer’s responsibility to make sure they are available for delivery or otherwise pick up the Equipment during the full duration of the Start Date. Any delay in delivery or accepting of the Equipment due to the Customer’s fault will not delay the Start Date. The Customer is responsible for ensuring the Delivery Address is correct.

   3. The Customer must ensure that they are available at the Pick Up Address during the Return Date and the Return Time specified in the Hire Form, to ensure that MT HIRE PTY LTD is able to collect the Equipment.

   4. The Customer must ensure that the Equipment is returned to MT HIRE PTY LTD in the same condition as it was in on the Start Date.

   5. If the Customer does not comply with clause 5(c), the Customer must pay the Late Charge for every additional 24 hour period after the Return Time on the Return Date for which the Customer retains possession of the Equipment.

   6. If the Customer returns the Equipment before the Return Date, the Customer will be liable for the full Fees as if the Equipment was in its possession from the Start Date until the Return Date, notwithstanding any early return of the Equipment.

2. REMOTE HIRE

Where the Customer hires Equipment in a Remote Site, the Customer will pay the Remote Area Charges specified in the Hire Form.

1. FAULTY EQUIPMENT

   1. If the Equipment is faulty, breaks down or becomes unsafe to use during the Hire Term (Breakdown), the Customer must immediately:

      1. notify MT HIRE PTY LTD;

      2. stop using the Equipment;

      3. take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment;

      4. take all steps necessary to prevent the Equipment from sustaining any further damage;

      5. not repair or attempt to repair the Equipment without MT HIRE PTY LTD’s written consent; and

      6. comply with MT HIRE PTY LTD’s directions in relation to the return of the Equipment.

   2. Subject to clause 7(b), if, upon inspection of the Equipment, MT HIRE PTY LTD determines that a Breakdown was:

      1. caused by a fault in the Equipment (not caused or contributed to by the Customer) (Equipment Fault) then MT HIRE PTY LTD will provide the Customer with a pro-rata refund of any Fees paid for the period of the Hire Term during which the Breakdown persisted; or

      2. not caused by an Equipment Fault, then the Customer will still be required to pay Fees in accordance with the Hire Form.

 

 

1. Clause 7(b) does not limit:

   1. any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth); or

   2. any rights or remedies MT HIRE PTY LTD may have access to in relation to a Breakdown, under this Agreement or otherwise.

1. REPLACEMENT, LOSS AND DAMAGE

   1. Loss, damage and personal injury

The Customer will be fully liable to MT HIRE PTY LTD for:

1. any loss or damage to the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s possession, and must give reasonable notice to MT HIRE PTY LTD in writing of any such loss or damage; and

2. all damage to the property of any person which is caused or contributed to by the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s possession.

3. Replacement

If MT HIRE PTY LTD notifies the Customer in writing, the Customer must replace all parts of the Equipment which during the Hire Term have become worn out, lost, stolen, damaged beyond repair or permanently rendered unfit for use (fair wear and tear excepted), provided that the Customer must not make any replacement, alteration or addition of any nature which may lead to a material reduction in the value of the Equipment.

1. INCIDENTS, INSURANCE AND EXCESS REDUCTION

   1. Insurance

      1. The Customer acknowledges that MT HIRE PTY LTD may, in its discretion, hold insurances in relation to the Equipment but such insurances may not cover the Customer or the Customer’s use of the Equipment and MT HIRE PTY LTD will have no obligation or requirement to insure the Customer’s use of the Equipment under this Agreement. The Customer is strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from their use of the Equipment.

      2. If MT HIRE PTY LTD notifies the Customer that it holds insurance in relation to the Equipment, or if the Customer has paid an Excess Reduction Fee, the Customer must not do or permit anything to be done which may make MT HIRE PTY LTD’s insurance invalid or able to be cancelled or which may increase insurance premiums.

      3. MT HIRE PTY LTD reserves the right to apply any insurance policy it does hold in respect of the Equipment during the Hire Term, to damage or loss caused or contributed to by the Customer, however MT HIRE PTY LTD is under no obligation to. If MT HIRE PTY LTD chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Hire Term, the Customer will be required to pay any excess payable by MT HIRE PTY LTD in respect of such a claim.

2. Excess Reduction

   1. If an Excess Reduction Fee is set out in the Hire Form, and the Customer pays this amount to MT HIRE PTY LTD before the Start Date, then the excess payable under clause 9.1(c) will be limited, per incident, to the Reduced Excess amount set out in the Hire Form, subject to the terms of this Agreement.

   2. The Customer’s liability in relation to the Equipment will only be reduced to the Reduced Excess amount set out in the Hire Form, if:

      1. the liability was not caused or contributed to by any unlawful act or omission (including any unlawful use of the Equipment), or a breach of this Agreement; and

      2. MT HIRE PTY LTD relevant insurance policy covers that liability.

   3. The Customer’s liability in relation to the Equipment will not be reduced to the Reduced Excess amount set out in the Hire Form, even if the Customer has paid the Excess Reduction Fee, if the loss or damage is:

      1. occasioned by the Customer failing to take reasonable care of the Equipment;

      2. caused to the Equipment as a result of any illegal activity, misappropriation or wrongful conversion of the Equipment by the Customer;

      3. caused by the Customer’s misuse, abuse, overloading, exceeding the rated capacity or improper servicing or repairs of the Equipment;

      4. caused by the exposure of the Equipment to corrosive substances, salt water or toxic materials;

      5. to the Included Attachments and/or tools, accessories, parts, grease guns, hoses, electrical cords, lights, light globes and other similar accessories, ground engaging tools, tracks, tyres and glass;

      6. occurred while the Equipment was in transit, including during loading and unloading; and

      7. arising in circumstances where a claim has been made by or against a third party

3. Incidents, Loss and Damage

   1. Subject to any MT HIRE PTY LTD insurance policy that covers the Customer, which MT HIRE PTY LTD has indicated it will claim against to cover the Customer (either by accepting an Excess Reduction Fee or as otherwise agreed in writing), if the Equipment is lost, damaged, destroyed or stolen during the Hire Term, or otherwise while the Equipment is in the Customer’s possession, the Customer must compensate MT HIRE PTY LTD for any costs of repair or replacement.

   2. If the Equipment is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s possession (Incident), the Customer:

      1. must promptly report the Incident to the local police (if required by Law);

      2. must report the Incident to MT HIRE PTY LTD in writing within one Business Day;

      3. must, if such damage, destruction or theft is covered by and compensated to MT HIRE PTY LTD under an insurance policy, pay the relevant excess amount to MT HIRE PTY LTD, as well as any other reasonable costs that MT HIRE PTY LTD incurs in relation to such damage, destruction or theft;

      4. must not, without MT HIRE PTY LTD’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the Incident, except as required by Law;

      5. must, if requested, permit MT HIRE PTY LTD or its insurer bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the Incident; and

      6. must, if requested, provide to MT HIRE PTY LTD, within a reasonable time, any statement, information or assistance which MT HIRE PTY LTD or its insurer requests, including by attending a lawyer’s office or a court to give evidence.

4. PAYMENT[SL4] 

   1. FEES

The Customer must pay the Fees to MT HIRE PTY LTD in the amounts set out in the Hire Form or as otherwise agreed in writing.

1. TIME FOR PAYMENT

Unless otherwise agreed in writing or in a Hire Form:

1. the Customer must pay for all Equipment on or before the Start Date; and

2. if MT HIRE PTY LTD issues an invoice to the Customer, payment must be made by the time(s) specified in such invoice.

3. PAYMENT METHOD

The Customer must pay Fees using the payment method specified in the Hire Form.

1. LATE PAYMENT

If the Customer does not pay MT HIRE PTY LTD the amounts due and payable under an invoice on or before its due date, without limiting any of MT HIRE PTY LTD’s other rights under this Agreement, the Customer must pay MT HIRE PTY LTD interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by MT HIRE PTY LTD. However, before applying this interest, MT HIRE PTY LTD will provide the Customer with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by MT HIRE PTY LTD.

1. GST

Unless otherwise indicated, amounts stated in a Hire Form do not include GST. In relation to any GST payable for a taxable supply by MT HIRE PTY LTD, the Customer must promptly pay the GST subject to MT HIRE PTY LTD providing a tax invoice.

1. CARD SURCHARGES

MT HIRE PTY LTD reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

1. CREDIT [SL5] CARD STORAGE & AUTHORISATIONS

   1. If the Customer pays the Fees via credit card (Credit Card), the Customer authorises MT HIRE PTY LTD to store the Customer’s Credit Card details for use at a later date if required in relation to any additional Fees or charges set out in this Agreement or loss or damage to the Equipment caused or contributed to by the Customer.

   2. The Customer authorises MT HIRE PTY LTD:

      1. To keep the Credit Card details they provide as part of paying the Fees on file; and

      2. To use the Credit Card to recoup any amounts owed to MT HIRE PTY LTD within a reasonable time frame after the return of the Equipment, to the extent those amounts exceed any unpaid Fees.

   3. The Customer authorises and requests that MT HIRE PTY LTD debits payments from the Credit Card in accordance with this clause 10.

   4. The Customer must ensure that the Credit Card has at all times available capacity to be charged any amount potentially payable under this Agreement.

2. security [SL6] bond

   1. To hire the Equipment, we may require the payment of a Security Bond as set out in the Hire Form or as otherwise specified by us, to cover any fees, damage or issues with the Equipment during the Hire Term (Security Bond).

   2. Upon return of the Equipment, we may claim the Security Bond against any amount owed by the Customer to us under this Agreement.

3. PAYMENTS OTHER THAN FEES

   1. Immediately on request by MT HIRE PTY LTD, the Customer will pay:

      1. the price of any Equipment which is for whatever reason not returned to MT HIRE PTY LTD;

      2. the full cost of repairing any damage to the Equipment caused or contributed to by the Customer;

      3. all costs incurred by MT HIRE PTY LTD in delivering and recovering possession of the Equipment; and

      4. any expenses and legal costs (including commission payable to a commercial agent) incurred by MT HIRE PTY LTD in enforcing this Agreement due to the Customers default.

   2. Without limiting the ability of MT HIRE PTY LTD to recover all amounts owing to it, the Customer authorises MT HIRE PTY LTD to charge any amounts owing by the Customer to any credit card or account which the Customer provides in a Hire Form.

1. OWNERSHIP, POSSESSION AND TITLE

   1. Ownership

      1. The Equipment is and will at all times remain the property of MT HIRE PTY LTD, notwithstanding delivery of the Equipment to the Customer or the possession and use of the Equipment by the Customer.

      2. The Customer will not have any right, title or interest in or to the Equipment except as expressly set out in this Agreement.

2. Possession

The Customer must not, without MT HIRE PTY LTD’s prior written consent, part with possession of the Equipment during the Hire Term.

1. Encumbrances

The Customer must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Equipment, including a repairer’s lien, except:

1. if a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at MT HIRE PTY LTD’s option, MT HIRE PTY LTD may remove or satisfy the lien at the Customer’s cost; and

2. a security interest, lien or charge that arises by Law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Equipment will be free of the lien or charge.

1. PERSONAL PROPERTY SECURITIES

   1. The Customer acknowledges and agrees that:

      1. MT HIRE PTY LTD may register any security interest it has in connection with this Agreement (including any security interest over the Equipment arising out of the application of the PPSA to this Agreement) on the PPS Register; and

      2. if requested by MT HIRE PTY LTD, the Customer must immediately sign any documents, provide all necessary information and do anything else required by MT HIRE PTY LTD to ensure that any security interest created is perfected and to enable MT HIRE PTY LTD to gain first priority for its security interest.

   2. The Customer agrees to contract out of the application of the following provisions of the PPSA, and these provisions will not apply to this Agreement:

      1. Section 115(7);

      2. Section 117;

      3. Section 118;

      4. Section 120;

      5. Section 121(4);

      6. Section 130;

      7. Section 135; and

      8. Section 143.

   3. Notwithstanding any exclusions in clause 12(b), the Customer acknowledges the application and importance of the following provisions of the PPSA, which shall remain unaffected and continue to apply to this Agreement:

      1. Section 123;

      2. Sections 125, 126, 128, and 129; and

      3. Section 142.

   4. In this clause:

      1. “PPSA” means the Personal Property Securities Act 2009 (Cth) and its regulations as amended and in force from time to time;

      2. “PPS Register” means the Personal Property Securities Register established under the PPSA; and

      3. a term used in this clause is taken to have the meaning defined under the PPSA.

2. EARLY RETURN

Notwithstanding any other clause in this Agreement, MT HIRE PTY LTD may demand that the Customer allows MT HIRE PTY LTD to retake possession of the Equipment, if MT HIRE PTY LTD reasonably suspects that:

1. damage to the Equipment or injury to any person in connection with the Equipment is reasonably likely; or

2. the Equipment may be used for an unlawful purpose.

1. THIRD [SL7] PARTY GOODS AND SERVICES

   1. If MT HIRE PTY LTD is required to acquire goods or services supplied by a third party, the Customer may be subject to the terms and conditions of that third party (‘Third Party Terms’).

   2. Provided that MT HIRE PTY LTD has notified the Customer of such Third Party Terms and provided the Customer with a copy of those terms, the Customer agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Customer or MT HIRE PTY LTD acquires as part of renting the Equipment and MT HIRE PTY LTD will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.

2. LIABILITY, WARRANTIES AND INDEMNITIES

   1. LIABILITY

      1. To the maximum extent permitted by law and subject to clause 15.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Customer to MT HIRE PTY LTD in the 3 months preceding the date of the event giving rise to the relevant liability.

      2. Clause 15.1(a) does not apply to the Customer’s liability in respect of loss or damage sustained by MT HIRE PTY LTD arising from the Customer’s breach of clauses 3, 4, 7, 8, 10 and 14.

3. WARRANTIES

   1. The Customer acknowledges they have relied on their own judgment and expertise in deciding to rent the Equipment for their intended purpose.

   2. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

   3. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods provided.

4. CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods provided by MT HIRE PTY LTD, except:

1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth);

1. TERMINATION

   1. TERMINATION FOR CONVENIENCE

Either party may terminate this agreement for convenience by providing 24 hours’ notice to the other party.

1. TERMINATION FOR BREACH

   1. Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.

   2. A “Breach” of this agreement means:

      1. a party (Notifying Party) considers the other party is in breach of this agreement and notifies the other party;

      2. the other party is given 24 hours to rectify the breach; and

      3. the breach has not been rectified within 124 hours or another period agreed between the parties in writing.

2. EFFECT OF TERMINATION

Upon termination of this agreement, each party must:

1. return all Equipment, property and Confidential Information to the other party;

2. comply with all obligations that are by their nature intended to survive the end of this agreement; and

3. stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.

1. DISPUTE RESOLUTION

   1. A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

   2. A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

   3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

2. NOTICES

   1. A notice or other communication to a party under this Agreement must be:

      1. in writing and in English; and

      2. delivered via email to the other party, to the email address specified in this Agreement, or if no email address is specified in this Agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this Agreement as at the date of this Agreement (Email Address). The parties may update their Email Address by notice to the other party.

   2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

      1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring Business Day in that state; or

      2. when replied to by the other party,

whichever is earlier.

1. GENERAL

   1. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

1. AMENDMENTS

This Agreement may only be amended in accordance with a written agreement between the parties.

1. WAIVER

No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

1. SEVERANCE

Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this Agreement is not limited or otherwise affected.

1. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

1. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party.

1. COUNTERPARTS

This Agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this Agreement and all together constitute one agreement.

1. COSTS

Except as otherwise provided in this Agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this Agreement.

1. ENTIRE AGREEMENT

This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.

1. INTERPRETATION

   1. (singular and plural) words in the singular includes the plural (and vice versa);

   2. (currency) a reference to $; or “dollar” is to Australian currency;

   3. (gender) words indicating a gender includes the corresponding words of any other gender;

   4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

   5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

   6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

   7. (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;

   8. (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;

   9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;

   10. (includes) the word “includes” and similar words in any form is not a word of limitation; and

   11. (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.

 

 

1. DEFINITIONS

In addition to capitalised terms defined in the Hire Form above, capitalised terms used in this Agreement will have the following meanings:

 

Term

Meaning

Business Days

means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in New South Wales, Australia.

Customer

has the meaning set out in the Hire Form.

Equipment

means the Machine and the Included Attachments included in a Hire Form.

Fees

has the meaning set out in the Hire Form.

Hire Form

has the meaning set out in clause 1(a) of these Hire Terms.

Hire Term

means the period of Equipment Hire, from the Start Date set out in the Hire Form until the Equipment is returned to Moore Tools.

Job Site

means the job site specified in the Hire Form.

Late Charge

means the late charge set out in the Hire Form.

Laws

mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Equipment is provided and includes any industry codes of conduct.

Machine

has the meaning set out in the Hire Form.

Personnel

means, in respect of a party, that party’s officers, employees, contractors (including subcontractors) and agents.

PPSA

means the Personal Property Securities Act 2009 (Cth) and PPS Register means the register established and maintained under that Act.

Pick Up Address

has the meaning set out in the Hire Form.

Remote Site

means a Job Site located                 or more from

Return Date

has the meaning set out in the Hire Form.

Start Date

has the meaning set out in the Hire Form.

Third Party Terms

has the meaning set out in clause 14.

 

 [SL1]This clause details the customer’s obligations when hiring the Equipment. Customers must only use the equipment on the job site and for the purpose you specify in the hire form.

 [SL2]The Customer will be required to maintain the equipment, where applicable. If the Customer fails to comply with this clause and you’re required to replace the Equipment, they will be required to pay for a replacement.

 [SL3]If the Customer does not return the Equipment in a clean state, they may be required to pay the cleaning fee that you list in the Hire Form.

 [SL4]This clause states that the hirer must pay for the equipment before the start date. If for any reason this does not occur, they will need to pay for the equipment based on the date listed in an invoice provided by you.

 [SL5]This clause authorises you to store credit card information and charge for any unpaid fees. I’ve attached an article below that provides helpful details on how to appropriately store credit card information:

https://legalvision.com.au/should-i-collect-credit-card-details/

 [SL6]As discussed, you are able to claim a security bond if you wish. You may wish to do so in certain circumstances where you think there is a risk the customer may damage the Equipment.

 

If you don’t want to take a security bond, you can select “N/A” in the Hire Form.

 [SL7]If you are engaging any third party when hiring the Equipment to the Hirer, I recommend letting me know so I can insert their T&Cs here.

 

Otherwise, you should provide any third party T&Cs to hirers, when these T&Cs become applicable.

 [SL8]Please insert the relevant description of what would be considered a remote site.