Hire of Equipment
The hiring of equipment will commence from the commencement date specified in the Schedule and continue for the term specified in the Schedule.  The Hirer is entitled to use the equipment for the hire period.  Any extension of the period must be agreed to by the Owner.  The Hirer agrees to have equipment ready for collection or returned to the Owner on or before the end of the hire period as outlined in the Schedule.  Failure to do so can be criminal theft and may be immediately reported to the police.

Payment Terms
The Hirer agrees to pay the Owner the hire fee and or any bonds held for breakage or cleaning specified in the Schedule for the equipment for the hire period including any applicable GST, stamp duties, tolls, fines, penalties, levies or freight and other charges relevant to this agreement and the hire.  The required fees must be paid to the owner prior to or on the commencement date of the hire period.  Equipment not returned on time and in accordance with this agreement will be subject to a continuance of the agreed rental until return is complete.  A cancellation fee may be charged by the Owner where equipment has been reserved by booking and the Hirer cancels the booking without reasonable notice or fails to take delivery of the equipment.

Use of Equipment
The Hirer agrees that the use of the equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.  The equipment shall not be used by anyone other than the Hirer without the express permission of the Owner.  The Hirer will ensure that all persons operating or erecting the equipment are instructed in its safe and proper use and where required hold a valid certificate of competency or are fully licensed to use it.  The Hirer agrees to operate, maintain, store and transport the equipment strictly in accordance with any instruction provided by the Owner and with due care and diligence.  The Hirer agrees that the equipment will only be used for its intended purpose and in accordance with any instructions or recommendations supplied by the Owner in regard to its operation, maintenance and storage.  The Hirer agrees to comply with all occupational health and safety laws and regulations relating to the use of the equipment and associated operations.  The Hirer shall ensure the equipment is returned to the Owner clean of all foreign matter or agrees to a reasonable cleaning fee being charged by the Owner.   The Hirer warrants that the equipment will be returned in good working order to the Owner.  The Owner makes no representation as to the suitability of the equipment for a particular need or event, and it is the Hirer’s responsibility to make that judgement on its own behalf.

Hirer’s Warranties
The Hirer warrants that the equipment will be used in accordance with the conditions outlined in the Schedule; the particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission; the Hirer holds a valid current licence or permit valid for the type of equipment hired; the equipment will not be used for any illegal purpose; the Hirer will not, without prior written consent of the owner, tamper with, repair or modify the equipment in any way, or permit another to do so; the Hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose; the Hirer agrees that the equipment has been received by the Hirer clean and in good working order.

Site Approval/Access to Site
The Hirer shall be responsible for giving any local or other authorities any necessary notice of their intention to erect the equipment or to have equipment erected and shall pay all fees in connection therewith.  The Hirer shall solely be responsible to ensure that the site is cleared and ready for the erection of the equipment and that the foundations upon which the equipment is to be erected are sufficiently firm and otherwise suitable to safely carry the equipment and the load to be put on it.  The Hirer shall ensure that suitable access to and egress from the site is adequate to suit the mode of delivery or pick up.  In the event that the Owner incurs or suffers any loss, costs or damages as a consequence of the Hirer’s failure to carry out its obligations under these terms the Hirer shall be solely responsible and shall indemnify the Owner for any such loss, costs or damages.

Indemnity
To the full extent permitted by law the Hirer releases, discharges and indemnifies the Owner from all claims and demands on the Owner arising out of or consequent on the use or misuse of the equipment during the hire period.  Without limiting this agreement, the Hirer agrees that to the full extent permitted by law, no warranties are given by the Owner in respect of the equipment.  Any liability of the Owner pursuant to any warranty which cannot be excluded by law will not exceed either the cost of repairing the equipment or the cost of resupplying the equipment, at the discretion of the Owner.

Losses and Damages
The Owner must be notified immediately of any equipment lost or damaged during the hire period.  The Hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred, except for fair wear and tear, during the hire period.  The Hirer is liable for the payment of the new list price of any equipment not returned to the Owner.  If there is a breakdown or failure of the equipment the Hirer shall notify the Owner immediately for the appropriate action to be taken.

Electrical Damage
Any damage to the equipment caused by fusion or malfunction of electrical equipment is the Hirer’s liability and the Hirer must take adequate precautions.  The Hirer will be charged for any repairs required to the damaged equipment.

Insurance
The Owner will maintain current insurance policies in respect of the equipment to its full insurable value.  This insurance does not cover the Hirer.  The Hirer bears all risk in relation to the equipment and its use until the equipment is safely returned to the company in good condition.

Liability
The Hirer will assume all risks and liabilities for, and in respect of, the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer’s possession, use, maintenance, repair, storage or transport of the equipment.

Disclaimer
To the extent permitted by the law the Owner disclaims all liability for and does not give any warranties to the Hirer as to the condition of the equipment.

Title to Equipment
All equipment supplied on hire is the property of the Owner and the Hirer acknowledges that the Owner retains title to the equipment and that the Hirer has rights to use the equipment as a mere bailee only.  The Hirer agrees that the Hirer has no rights to pledge the owner’s credit in connection with the equipment.  The Hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the equipment and not to conceal or alter the goods or make any addition or alteration to, the equipment.

Repossession and Remedies on Default
The Owner may retake possession of the equipment if the Hirer breaches any provision of this agreement or does not pay their account in the time agreed, notwithstanding anything else herein contained.  If repossession takes place, the Owner shall only charge the hire fee up to and including the time of repossession.  All costs incurred by the Owner incurred in repossessing due to a breach are to be paid by the Hirer.  In the case of repossession due to a breach of this agreement the Hirer agrees to grant the Owner permission to enter any premises where the equipment listed in the Schedule is situated to disconnect, decommission and/or remove that equipment.  In addition to the Owner’s right to retake possession the Owner is entitled in its discretion, following any breach of any provision of this agreement by the Hirer, to terminate this agreement and/or sue for recovery of any damages or charges or loss suffered by the Owner, and/or to cancel any insurances effective in respect of the equipment hired.

Completion of the hire Period
The hire period is completed when the equipment has been returned to the Owner in the same condition as when it was hired: on or by the date and time outlined in the Schedule, or will be deemed completed on the date agreed for pick up by the Owner.  Where pick up is agreed the Owner will arrange to pick up the equipment within a reasonable period.  The Hirer agrees to maintain the responsibility for the equipment whilst it is awaiting pick up.

Non-merger
The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.

Severance
If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this agreement and the parties remain bound by all of the provisions and part provisions after severance.

Governing Law
This agreement is governed by the laws of Queensland where the agreement is made and each party submits to the exclusive jurisdiction of the Courts of that state.

Privacy Policy
The Owner will comply with the National Privacy Principles in all dealings with Hirers.

Disputes
Both the Owner and the Hirer agree that any disputes arising from the hire and use of the equipment (except in regard to payment of fees and charges) shall be negotiated with a view to settlement with the assistance of the Hire and Rental Industry Association Limited (tel 02-9997 5166) before litigation is pursued.