Terms and Conditions
1.1 These terms and conditions shall apply to the provision of all Equipment provided by Us to You and are the terms and conditions referred to in any correspondence with You or referred to on Our form of specification and quotation, invoice or Credit Account application. We reserve the right to amend the terms and conditions by written notice to You.
HIRE AGREEMENT BETWEEN YOU AND US
2.1 These Terms of Hire, together with:
(a) any Credit Account application You completed and submitted to Us;
(b) each Hire Schedule provided to You by Us, whether signed or not,
make up the hire agreement (the “Hire Agreement”) between You and Us. The provision or acceptance of a Hire Schedule shall not form a separate agreement between You and Us but shall constitute part of this Hire Agreement. It is important that You read and understand all of the terms and conditions of the Hire Agreement before hiring from Us.
2.2 If You have any questions, please ask Us.
DEFINITIONS
3.1 To assist, when We refer to the following terms in this document:
“COR Laws” means legislative requirements relating to fatigue management, speed and mass, dimension and load restraint compliance requirements generally referred to as “Chain of Responsibility” laws or “Heavy Vehicle Laws”.
“COR Systems” means policies, procedures, standards, training and systems designed to ensure, so far as is reasonably practicable, compliance with COR Laws.
“Credit Account” means You have properly completed and submitted a credit application to Us and We have approved You for an account with Us.
“Equipment” means any of Our trailers, including, any associated or attached tools, accessories and parts available for hire.
“Expected Off Hire Date” means the date You advised Us at the commencement of the hire that You would no longer require the Equipment. This date is set out in the Hire Schedule.
“Hire Period” means for Equipment specified in a Hire Schedule the period described in clause 6.
“Hire Schedule” means the document provided by Us to You which outlines important information, including but not limited to, the Equipment You have hired, the hire rates which apply to the Equipment, any other applicable charges, the Expected Off Hire Date and the address for delivery of the Equipment, if agreed to by Us (in Our sole discretion), including the cost of the delivery of the Equipment to You.
“Off Hire Date” means the date on which the Hire Period ends.
“PPSA” means the PPS Act and any other legislation and regulations in respect of it and the following words in clauses 13, 22 and 35 have the respective meanings given to them in the PPS Act: collateral, financing change statement, financing statement, interested person, purchase money security interest, register, registration, security agreement, security interest and verification statement.
“PPS Act” means the Personal Property Securities Act 2009 (Cth) (as amended).
“We/Us/Our” means Lusty Tip Trailers Pty Ltd T/as GLT Trailers (ABN 65 160 289 332).
“You/Your” refers to the person, firm, organisation, partnership, corporation, trust or other entity hiring Equipment from Us, as named in the Credit Application or the Hire Schedule (where You do not hold a Credit Account). The reference to “You” includes any employees, agents and contractors.
Eligibility and Credit Approval
4.1 You must undergo and pass a credit check prior to approval of a Credit Account.
4.2 We may refuse, suspend or terminate and hire of Equipment based on credit risk, including for any change in risk.
4.3 You acknowledge that a security interest may be registered over all Equipment hired by You.
OUR HIRE COMMITMENT TO YOU
5.1 We agree to hire You the Equipment and will:
(a) provide the Equipment to You in good working order; and
(b) allow You to exclusively use the Equipment during the Hire Period.
THE HIRE PERIOD
6.1 The Hire Period commences when You take possession of the Equipment.
6.2 The Hire Period is for the term Specified in the Hire Schedule and ends when the Equipment is back in Our custody and possession.
6.3 The Hire Period includes weekends and public holidays.
6.4 The Hire Period can only be changed if You request a variation and We agree to that variation in writing.
HOW WE CALCULATE YOUR HIRE CHARGES
7.1 You will pay Us for the hire of the Equipment at the hire charge rates set out in the Hire Schedule. Hire invoices are raised on the first day of each month and on off hire, the rates are calculated below:
(a) [The weekly hire rate multiplied by the number of weeks in the Agreement.
7.2 We reserve the right to charge for a minimum period of hire for the Equipment, but We will advise You of any minimum hire periods before You commence the hire.
7.3 We reserve the right to apply a revised rental rate based on any renewal of the Agreement, a material change to scope, the change in utilisation class or regulatory changes of the Equipment. We will advise You, in writing, of any revision to the applicable rental rate before it takes effect.
7.4 You will be charged for the hire of Equipment for the full Hire Period. For the avoidance of doubt, You will continue to incur hire and other charges after the Expected Off Hire Date if You have not returned the Equipment to Us by the Expected Off Hire Date.
7.5 Excess kilometre limits apply, as stipulated in the Hire Schedule. Excess kilometres will be charged at $0.10/km.
7.6 Any unused kilometres will roll over to the remaining term of this Agreement. Kilometre readings will be verified using GPS and odometer data.
OTHER CHARGES
8.1 In addition to hire charges, You agree that You will be required to pay:
(a) for any consumables or trade materials We supply to You;
(b) if You do not return the Equipment in clean and good working condition, charges for the cleaning and repair of the Equipment;
(c) any stamp duty or GST arising out of this Hire Agreement;
(d) any other applicable levies, fines, penalties and any other government charges arising out of Your use of the Equipment;
(e) charges for payment made by direct debit, as detailed in the Hire Schedule;
(f) if You request operational guidance or training on the use of the Equipment and Our staff are available to provide this, the cost for the provision of these services at rates agreed with Us; and
(g) If you request that the Trailer be delivered to a specified location, all costs associated with the delivery of the Equipment. We may, in our sole discretion, reject any request for the Equipment to be delivered to You.
PAYMENT
9.1 All fees, charges and payments must be paid by way of debit order.
9.2 If You do not pay the invoice in full by the payment due date, We reserve the right to charge, in addition to any other costs recoverable under this Hire Agreement:
(a) interest, calculated monthly, on the total outstanding balance. The interest rate used to calculate the interest payable for the month is the 90-day Bank Bill Swap Rate published on the first business day of that month plus 2%; and
(b) any costs and expenses (including any commission payable to any commercial or mercantile agents and legal costs) incurred by Us in recovering any unpaid amounts under this Hire Agreement, on a solicitor and own client basis.
9.3 In the event that a direct debit cannot be maintained, We may terminate this Agreement.
9.4 Rental quotations remain valid for a period of 14 days, unless otherwise stated.
OPTION TO PURCHASE EQUIPMENT
10.1 Provided You are not in breach of this Agreement at the time of the request and no Event of Default is continuing, You may submit a written request to purchase the Equipment (Buy-Out Request) at any time during the Hire Term.
10.2 Following receipt of a Buy-Out Request, We will issue a written statement specifying the buy-out price (Buy-Out Price), calculated as:
(a) the residual value for the relevant Equipment;
less
(b) kilometre-based and/or time-based depreciation calculated in accordance with the applicable depreciation schedule;
plus
(c) all outstanding Rental Fees;
(d) excess kilometre or usage charges; plus
(e) all amounts required to repair, refurbish or clean the Equipment to the condition required under this Agreement (fair wear and tear excepted); plus
(f) any recovery, repossession, enforcement, storage or transport costs incurred; plus
(g) any GST or other taxes, duties or statutory charges payable in connection with the purchase.
10.3 The residual values and depreciation schedules for each category of Equipment are set out in the Hire Schedule.
10.4 The Buy-Out Price must be paid in full in cleared funds by the date specified in Our written quotation. Time is of the essence. We may withdraw the quotation if payment is not made by that date.
10.5 Until the Buy-Out Price and all other amounts owing under this Agreement are paid in full, title to the Equipment remains vested in Us.
10.6 The parties acknowledge that this Agreement may constitute a security interest for the purposes of the PPSA, including a PPS Lease where applicable and is subject to clause 13.
10.7 Upon full payment of the Buy-Out Price and all secured monies, Our security interest in the Equipment will be extinguished and, if required, We will lodge a financing change statement to remove any registration on the Personal Property Securities Register within a reasonable time.
10.8 You acknowledge that the provisions of clause 13 apply to this Buy-Out Request.
YOUR OBLIGATIONS TO US
11.1 This Hire Agreement is personal to You and so You must not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.
11.2 You agree that before accepting the Equipment, You have satisfied Yourself as to the suitability, condition and fitness for purpose of the Equipment for the job You intend to use it for. We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.
11.3 To help You stay safe during the Hire Period, You and Your employees, agents and contractors 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 the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment.
(c) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Us;
(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;
(g) display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Equipment;
11.4 It is important to take care of the Equipment during the Hire Period. You must:
(a) clean, and keep the Equipment in good condition and in accordance with Our instructions at Your own cost;
(b) perform daily pre-start inspections of the Equipment and in particular, inspections of the tyres and wheel nuts. Hydraulics and hoses, brakes, lights and load locks, chains, pins and couplings;
(c) not in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent; and
(d) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment.
11.5 A joint pre-hire inspection will document the condition of the Equipment at the commencement of the Hire Period.
11.6 At all times during the Hire Period, You must store the Equipment safely and securely and protected from theft, seizure, loss or damage.
11.7 You will allow Us, on a minimum of 24 hours written notice, to enter Your premises and inspect the Equipment from time to time during the Hire Period. You can also request to conduct a joint inspection of the Equipment with Us at the end of the Hire Period.
11.8 Whenever you are moving the Equipment, you must ensure safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturers guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling. You warrant that you will not load Vehicles in excess of the Motor Vehicle’s gross vehicle mass at any time during the Hire Period.
11.9 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.
11.10 You must not use the Equipment off-shore, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.
11.11 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
11.12 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, you must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied.
11.13 If, in Our opinion acting reasonably, the Equipment has not been properly decontaminated or is not capable of being decontaminated, You will be charged for the new replacement cost of the Equipment.
11.14 You agree to pay any traffic or parking fine, storage cost or toll of any kind in respect of the Equipment incurred whilst the Equipment is in your possession or under your control. In addition you acknowledge that a $50.00 administration fee will be charged to your account. You acknowledge that the administration fee is a reasonable estimate of the cost that would be incurred by us in handling the traffic or parking fine.
OWNERSHIP OF THE EQUIPMENT
12.1 Subject to the provisions of clause 10, You acknowledge that We own the Equipment and, in all circumstances, We retain title to the Equipment (even if You go into liquidation or become bankrupt during the Hire Period). Your rights are to use the Equipment as a bailee only.
12.2 You are not entitled to offer, sell assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Equipment in any way.
12.3 In no circumstances will the Equipment be deemed to be a fixture.
12.4 You acknowledge that We may hire or lease Equipment from a third party if we cannot provide the Equipment to You (“Third Party Owner”), and if this occurs, title in the Equipment remains with the Third-Party Owner.
PPSA
13.1 You consent to Us affecting and maintaining a registration on the register (in any manner We consider appropriate) in relation to any security interest contemplated or constituted by this Hire Agreement in the Equipment and the proceeds arising in respect of any dealing in the Equipment and You agree to sign any documents and provide all assistance and information to Us required to facilitate the registration and maintenance of any security interest. We may at any time register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest). You waive the right to receive notice of a verification statement in relation to any registration on the register of a security interest in respect of the Equipment.
13.2 You undertake to:
(a) do anything (in each case, including executing any new document or providing any information) that is required by Us so that We acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds, to register a financing statement or financing change statement and to ensure that Our security position, and rights and obligations, are not adversely affected by the PPSA;
(b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without Our prior written consent; and
(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without Our prior written consent.
13.3 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with this Hire Agreement and:
(a) section 115(1) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and You will have no rights under them; section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 11 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and
(b) section 115(7) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and You will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.
13.4 Unless otherwise agreed and to the extent permitted by the PPSA, You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPS Act to authorise the disclosure of the above information.
13.5 For the purposes of section 20(2) of the PPS Act, the collateral is Equipment including any Equipment which is described in any Hire Schedule provided by Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the PPS Act.
13.6 We may apply amounts received in connection with this Hire Agreement to satisfy obligations secured by a security interest contemplated or constituted by this Hire Agreement in any way We determine in Our absolute discretion.
13.7 You agree to notify Us in writing of any change to Your details set out in the Credit Application, within 5 days from the date of such change.
RESPONSIBILITY FOR THE EQUIPMENT
14.1 You are responsible for the Equipment for the Hire Period.
14.2 Scheduled servicing is included in the Agreement (at an agreed maximum value per annum and as contained in the Hire Schedule)
GPS Tracking and Asset Monitoring
15.1 All Equipment is fitted with non-removable GPS tracking and telematics.
15.2 Tampering with, disabling or interfering with the GPS unit is strictly prohibited and constitutes a material breach of this Agreement. Notwithstanding the termination provisions of this Agreement, this shall allow for the immediate termination of this Agreement by Us.
15.3 By hiring the Equipment, You expressly consent to Our use of the GPS tracking and telematics device on the Equipment during the Hire Period and to Us collecting, using and retaining information from the GPS tracking and telematics device in accordance with Our privacy policy, and that We are the owner of that data, subject to Your rights as set out in the Privacy Policy.
15.4 A material breach under this clause, shall also permit:
(a) repossession of the Equipment; and
(b) recovery of all costs associated with termination and recovery (including legal costs on a solicitor and own client basis).
RETURN OF EQUIPMENT
16.1 You must return the Equipment to Us in the same clean condition (free from excessive dirt, manure, grains, rocks, debris or residue) and good working order it was in when You received it, ordinary fair wear and tear excluded.
16.2 We may, in our sole discretion, determine what constitutes fair wear and tear.
16.3 The Equipment must be returned with all accessories (including, but not limited to, ramps, tarps, hoses, wheels and chains).
16.4 Charges will apply for:
(a) late return of the Equipment;
(b) excessive cleaning;
(c) missing parts;
(d) damage; and
(e) failure to report any incidents.
REDEPLOYMENT OF EQUIPMENT
17.1 In the event that We need to redeployment the Equipment, We will provide You with no less than 3 Business Days written notice (“Redeployment Notice”).
17.2 We will replace the Equipment with Equipment of the same or similar type and functionality, provided that any substitution will not materially reduce the performance or availability of the Equipment required by You.
17.3 We will use all reasonable endeavours to minimise any disruption to You and Your operations arising from any required redeployment.
17.4 Unless otherwise agreed, the Hire Charges will remain unchanged where the replacement of the Equipment is of an equivalent specification. Any change in the Hire Charge will be provided in writing at the time of issue of any Redeployment Notice.
WHAT TO DO IF EQUIPMENT BREAKS DOWN
18.1 In the event that the Equipment breaks down or becomes unsafe to use during the Hire Period You must:
(a) immediately stop using the Equipment and notify Us;
(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 the Equipment itself; and
(d) not repair or attempt to repair the Equipment without Our written consent.
18.2 Upon receiving notice from You under clause 17.1, We will:
(a) take all steps necessary to repair the Equipment or provide suitable substitute Equipment as soon as reasonably possible after being notified by You; and
(b) not impose a hire charge for that portion of the Hire Period for which the Equipment was broken down or unsafe, nor the costs associated with any repair or replacement of the Equipment.
18.3 You will be responsible for any damage that is not considered to be fair wear and tear, including, but not limited to:
(a) structural damage;
(b) bent components;
(c) contamination of the hydraulic system or hydraulic failure;
(d) tyre blowouts due to misuse;
(e) undercarriage or chassis impact damage; and
(f) water, mud or contaminant ingress.
WHAT TO DO IF EQUIPMENT IS LOST, STOLEN OR DAMAGED
19.1 You will notify Us immediately of equipment that is lost, stolen, damaged, broken down or unsafe to use. You will not attempt to repair or engage any person, including a qualified person, to repair the equipment unless authorised by Us in writing. Any unauthorised repairs or maintenance work organised or undertaken on equipment whilst under this Hire Agreement will be at Your cost. If the unauthorised repairs or maintenance are deemed to be unsatisfactory by Us, then We will charge You for additional repairs.
19.2 If the Equipment has broken down or become unsafe to use as a result of Your negligence or if the Equipment is lost, stolen or damaged beyond fair wear and tear during the Hire Period, You will be liable for:
(a) any costs incurred by Us to recover and repair or replace the Equipment;
(b) any insurance excess
(c) GPS recovery costs;
(d) the hire charges for that portion of the Hire Period during which the Equipment is being recovered and repaired or replaced; and
(e) replacement value if an insurer declines a claim as a result of Your non-compliance.
19.3 Provided that You pay the costs and charges described in clause 18.1, We will return the Equipment to You once it has been repaired or replaced, and You will continue to pay the hire charges for the remainder of the Hire Period.
INDEMNITIES AND EXCLUSION OF LIABILITIES
20.1 Under applicable State, Territory and Commonwealth Law (including without limitation the Competition and Consumer Act 2010 (Cth) (“CCA”)), certain statutory implied guarantees and warranties (including without limitation the statutory guarantees under the CCA) may be implied into these Terms and Conditions (Non-Excluded Guarantees).
20.2 We acknowledge that nothing in these Terms and Conditions purports to modify or exclude the Non-Excluded Guarantees.
20.3 Except as expressly set out in this Agreement or in respect of the Non-Excluded Guarantees, We make no warranties or other representations under these terms and conditions including, but not limited to, the quality or suitability of the Equipment. Our liability in respect of these warranties is limited to the fullest extent permitted by law.
20.4 If You are a “Consumer” within the meaning of the CCA, Our liability is limited to the extent permitted by section 64A of Schedule 2.
20.5 If You are not a “Consumer” within the meaning of the CCA, Our liability for any defective Equipment is:
(a) limited to the value of any express warranty provided to You by Us at Our sole discretion;
(b) otherwise negated absolutely.
20.6 Notwithstanding clauses 19.1 to 19.5, We will not be liable for any defect or damage which may be caused or partly caused or arise as a result of:
(a) You using the Equipment for any purpose other than that for which they were designed;
(b) You continuing to use the Equipment after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(c) interference with the Equipment by You or any third party without Our prior approval;
(d) You failing to follow any instructions or guidelines provided by Us;
(e) fair wear and tear, any accident, or act of God.
20.7 We will not be liable to You for any consequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption, wasted costs You have incurred, amounts that you are liable to Your customers for or any loss suffered by third parties under or relating to this Hire Agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
20.8 You are liable for and indemnify Us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Us and any environmental loss, cost, damage or expense) in respect of:
(a) personal injury;
(b) damage to tangible property; or
(c) a claim by a third party,
in respect of Your hire or use of the Equipment or Your breach of the Hire Agreement. Your liability under this indemnity is diminished to the extent that Our breach of the Hire Agreement or Our negligence causes the liability, claims, damage, loss, costs or expenses.
20.9 Each indemnity in this Hire Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this Hire Agreement. It is not necessary for a party to incur expense or make any payment before enforcing a right of indemnity conferred by this Hire Agreement.
20.10 We will not be liable to You for any acts or omissions of any person supplied by Us where that person is acting under Your direction and control during the Hire Period and you indemnify Us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Us and any environmental loss, cost, damage or expense) arising from or incurred in connection with such acts or omissions.
WHEN THIS HIRE AGREEMENT TERMINATES
21.1 Either party may terminate this Hire Agreement and any Hire Period immediately by giving notice to the other party, if:
(a) that other party breaches any term of the Hire Agreement and fails to remedy the breach within 14 days of written notification of the breach; or
(b) that other party becomes bankrupt or insolvent, executes a personal insolvency agreement, enters into liquidation, administration, receivership or ceases to carry on business.
21.2 Either party may terminate the Hire Agreement and any Hire Period for any other reason on 7 days written notice to the other party.
21.3 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.
RECOVERY OF THE EQUIPMENT
22.1 If You are in breach of the Hire Agreement or if the Hire Agreement or a Hire Period has been terminated under clause 20, We may take all steps necessary (including legal action) to recover the Equipment, including entering Your premises to do so. Upon receiving written notice from Us, You expressly consent to Us entering Your premises for the purposes of recovering Our Equipment. Any costs incurred by Us in the recovery of the Equipment (including legal fees on a solicitor and own client basis) will be a debt due and shall be immediately payable by You to Us.
22.2 Hire fees will continue to accrue until the Equipment has been recovered by Us or returned by You.
SECURITY
23.1 As security for Your obligations and liabilities under this Hire Agreement, You hereby charge for the due and punctual payment and performance of those obligations and liabilities, all of Your legal and equitable interest (both present and future) of whatsoever nature held in any and all real property;
23.2 Without limiting the generality of the charge in this clause, You agree, on Our request, to execute any documents and do all things necessary required by Us to register a mortgage security or other instrument of security over any real property and against the event that You fail to do so within a reasonable time of being so requested, You irrevocably and by way of security, appoint any credit manager or solicitor engaged by Us to be Your true and lawful attorney to execute and register such instruments;
23.3 You will indemnify Us on an indemnity basis against all costs and expenses incurred by Us in connection with the preparation and registration of any such charge and mortgage documents; and
23.4 You also consent unconditionally to Us lodging a caveat or caveats noting Our interest in any of Your real property.
INSURANCE
24.1 You are required to hold comprehensive insurance covering fire, theft, collision and any other risks required by Us. All insurance policies must be for an agreed value of the Equipment, which will be provided by Us.
24.2 You must provide us with a certificate of currency for any insurance noting Us as an interested party before any Equipment will be released to You.
24.3 You are required to ensure that all drivers have a valid driver’s license to operate that specific class of vehicle and Equipment at all times during the Hire Period.
24.4 You are wholly responsible for the cost of repairs and damage to the Equipment as identified in this Hire Agreement, or to any property, person or animal, caused by any person or event whatsoever, from the time you take possession or control of the Equipment until you are released from your obligations under this Hire Agreement.
24.5 In the event that we suggest or nominate a third party to repair the Equipment if damaged or faulty, you remain wholly responsible for loss to the Equipment of any kind.
24.6 In the event that the Equipment is deemed by us to be a total loss, you will pay us the market value or the hire payout value for the Equipment, whichever is the greater;
24.7 You acknowledge if Insurance by you is imposed you will be responsible to continue paying all Hire and other charges at the rate specified in this agreement until the Equipment is repaired or in the case of a total loss, payment is received by us for either the market value or lease payout figure, whichever is the greater
24.8 Our insurance does not cover use of the Equipment by You.
EQUIPMENT THAT IS COLLECTED OR DELIVERED IN A DAMAGED AND / OR DEFECTIVE CONDITION
25.1 If You collect or receive the Equipment (whichever is applicable) and find that it is broken, damaged and/or defective, You must notify Us within 24 hours after You collect or receive the Equipment. If You do not notify Us within this time period, We are entitled to assume that the Equipment You collected or received was in good order and condition.
PRIVACY
26.1 We take Your privacy seriously. We will comply with the Australian Privacy Principles in all dealings with You.
26.2 We may need to collect personal information about You, including but not limited to, Your full name and address, drivers license, credit card details, date of birth, credit or business history and other personal information (including GPS tracking data and telematics from the GPS tracking unit attached to the Equipment). You consent to Us using Your personal information in order to:
(a) fulfil functions associated with the hire of Equipment to You, including but not limited to assessing Your credit worthiness, or taking steps in accordance with clause 9;
(b) provide services to You;
(c) prevent theft of Our Equipment;
(d) monitor the usage and location of Our Equipment;
(e) enter into contracts with You or third parties, and
(f) to market to You and maintain a client relationship with You.
26.3 You also consent to Us disclosing Your personal information:
(a) to any credit provider or credit reporting agency for the purposes of obtaining information about Your consumer or commercial credit or business history or Your commercial activities or credit worthiness; and
(b) to Our service providers, contractors and affiliated companies from time to time to help improve and market Our services to You.
26.4 You have the right to access the personal information We hold about You.
26.5 A copy of Our Privacy Statement is available upon request.
CHAIN OF RESPONSIBILITY LEGISLATION
27.1 You acknowledge that You or Your Personnel is the primary duty holder (including as the operator, packer, loading manager, loader and unloader), under the COR Laws with responsibility for developing COR Systems applicable to the supply of the Equipment and any equipment operators.
27.2 You warrant that You and Your Personnel are aware and comply with Your COR Systems;
27.3 You must comply with all applicable road legislative requirements in the provision of the Delivery Services, including the COR Laws, the Road Safety Remuneration Act 2012 (Cth) (and any regulation associated with that legislation, as updated from time to time);
27.4 You must ensure that any heavy vehicles are appropriately maintained with loads that do not exceed vehicle mass or dimension limits, are appropriately secured, and operators carrying freight containers have a valid container weight declaration and drivers do not exceed speed limits or regulated driving hours, do not drive while impaired by fatigue and observe minimum rest requirements;
27.5 You must not coerce or demand Your drivers to breach any applicable road legislative requirement, exceed permitted driving hours, fail to have minimum rest periods, exceed the speed limit, carry goods that exceed vehicle dimension limits, inappropriately carry any goods that are not appropriately secured, and breach any legislative requirement, in so far as it relates to their employment with You under this contract as a driver;
27.6 We will ensure that at all times all vehicles are duly registered and comply with any legislative requirement applicable to such vehicles including in respect of the use of such vehicles to provide the Services to You;
27.7 The Company provide reasonable assistance to You to enable You to satisfy its duties and responsibilities under all relevant COR Laws;
27.8 You must ensure Personnel are qualified, experienced, observe good driver etiquette and take on reasonable instructions or guidelines notified by Us from time to time and must obtain and maintain, and ensure that each of Your personnel obtains and maintains all licences, approvals, notices and other legal requirements required to enable the applicable activity, function or task to be undertaken lawfully;
27.9 You must undertake any audits or monitoring as requested by Us to demonstrate compliance with this clause; and
27.10 You warrant that You are familiar with and have the capability and resources to comply with all relevant COR Laws and ensure that Your Personnel comply with all COR Laws.
27.11 You must promptly:
(a) inform Us of all incidents involving any Personnel engaged in connection with the performance of its obligations under the Agreement which results in any non-compliance with this clause 26; and
(b) comply with any reasonable direction given by Us to rectify or prevent that breach.
FORCE MAJEURE
28.1 Subject to clause 27.2, neither party will be responsible for any delays in delivery, installation or collection due to causes beyond their control including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.
28.2 Nothing in clause 27.1 will limit or exclude Your responsibility and liability under the Hire Agreement for Equipment that is lost, stolen or damaged beyond fair wear and tear during the Hire Period, or has broken down or become unsafe to use as a result of Your conduct or negligence.
SEVERABILITY
29.1 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.
GOVERNING LAW
30.1 The Hire Agreement is governed by the laws of Queensland, and each party submits to the non-exclusive jurisdiction of the courts of Queensland.
ENTIRE AGREEMENT
31.1 The Hire Agreement as defined in clause 1, comprises the entire agreement between the parties. No additional terms and conditions (including any terms contained in any purchase order) apply to the hire of the Equipment unless agreed in writing by the parties.
NO RELIANCE
32.1 You acknowledge that neither We nor any person acting on Our behalf have made any representation or other inducement to You to enter into the Hire Agreement and You have not entered into the Hire Agreement in reliance on any representations or inducements (including in relation to the use of the Equipment) except for those representations contained in this Hire Agreement.
VARIATION
33.1 From time to time, We may need to vary this Hire Agreement. If We intend to do so, We will give You 30 days written notice and clearly set out Our proposed amendments. If You have reasonable grounds to believe the change will be detrimental to Your rights, You may terminate this Hire Agreement without penalty within 30 days of receiving Our written notice. Any other variation of these terms and conditions must be agreed in writing by You and Us.
NO WAIVER OF RIGHTS
34.1 No delay or omission by a party to exercise any right, power or remedy available to that party as a result of a continuing breach or default under the Hire Agreement will it be construed to be a waiver of that party’s rights to take action or make a claim in respect of a continuing breach or default.
REVIEW OF YOUR CREDIT APPROVAL
35.1 From time to time We may review any Credit Account We have granted to You without notice.
35.2 We may, at Our discretion, decide to withdraw credit for any reason, including but not limited to if Your circumstances change, You fail to make payments on time or You fail to use the Equipment in accordance with the terms of the Hire Agreement.
35.3 If we withdraw credit you may terminate this Hire Agreement immediately by giving Us written notice. However, if You do so You must:
(a) pay amounts that were subject to credit in accordance with the terms on which that credit was provided; and
(b) still pay all amounts due to Us under this Hire Agreement, including hire charges until the Equipment is back in our custody and possession.
SIGNING THIS HIRE AGREEMENT
36.1 The person signing any document which forms part of the Hire Agreement for and on behalf of You hereby warrants that he or she has Your authority to enter into the Hire Agreement on Your behalf and grant the security interests in connection with it and is empowered to bind You to the Hire Agreement and each security interest granted in connection with it.
36.2 The person signing this Hire Agreement indemnifies Us against all losses, costs and claims incurred by Us arising out of the person so signing this Hire Agreement not in fact having such power and/or authority.
PREVIOUS EDITIONS
37.1 This edition of the Terms of Hire replaces and supersedes all previous editions of the Terms of Hire We have issued.
