HIRING AGREEMENT - Terms and Conditions

USE OF EQUIPMENT

1. The hirer shall at all times use the equipment in a skilful and proper manner and shall at his own expense service, clean and maintain the equipment in good and substantial repair and condition, reasonable wear and tear expected.

SECURITY

2. The security of all equipment is deemed the responsibility of the hirer. Equipment left unattended must be in secured area at all times.

CLEANING

3. Upon completion of the hiring the equipment must be properly cleaned by the hirer, it is agreed that the whole or any part of the cost incurred by the owner arising out of the failure by the hirer under this clause may be charged on invoice.

FREIGHT

4. The Hirer shall be responsible for all freight and other charges whether incurred by the owner or the hirer in respect of the delivery and return of the equipment except when the period of hire is determined and the equipment is returned to the owner due to a breakdown or failure caused by reasonable wear and tear and not by the hirer’s negligence or misuse or any other reason whatsoever.

DAMAGE TO EQUIPMENT

5. The hirer shall be responsible for any loss of or damage to the equipment for any reason whatsoever except loss or damage which is caused by reasonable wear and tear. It is agreed that upon the completion of the period of hire the whole or any part of the cost of replacement of or repair to the equipment may be charged on invoice.

DAMAGE TO PROPERTY OR PERSON

6. The hirer shall be responsible for any loss of or damage to property or person caused by the equipment for any reason whatsoever during the period of hire and the hirer shall indemnify the owner in respect of all claims damages.

PERIOD OF HIRE

7. The period of hire shall commence from the commencement date and time as shown overleaf or the time the equipment is delivered to the hirer whichever is the later and will cease when it is returned to the owner or, if the hirer notifies the owner in writing that the equipment is available for return at a particular placed, when it is picked up by the owner from each place provided that the owner shall cause the equipment to be picked up within five (5) days after receipt of such notification.

HIRING CHARGES

8. Notwithstanding anything herein contained hiring charges at the rates specified overleaf shall commence from the commencement of the period of hire and shall continue until the completion of the period of hire defined herein or until the expiration of the minimum period of hire specified overleaf, whichever is the later.

BREAKDOWN

9. In the event of a breakdown or failure of the equipment, the hirer shall return the equipment to the owner’s premises forthwith and on no account repair or attempt to repair the equipment without the prior consent of the owner in the event that such breakdown or failure is caused by reasonable wear and tear and not by the hirer’s negligence or misuse or any other reason whatsoever then the period of hire shall be determined upon such return of the equipment to the owner in no event shall the owner be responsible for any expenditure damages and or loss incurred by the hirer arising out of any breakdown or failure of the equipment whether caused by the fair wear and tear negligence on the part of the owner or any other reason whatsoever.

TERMINATION BY THE OWNER

10. The owner may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default forthwith terminate this agreement and repossess the equipment in any of the following events:
    1. If the hirer shall fail to pay any hiring charges within the two (2) days of the due dates
    2. If the hirer shall do or permit any act or thing whereby the owner’s rights in the equipment may be prejudices.
    3. If the hirer should become or be made insolvent or bankrupt or make any arrangements or composition with his creditors or in the case of a hirer being a limited company should an order be made or a resolution passed for the winding up of such company.
    4. If the hirer commits any breach of this agreement

For the purposes of repossessing the equipment, the owner may enter into or upon any premises where the equipment may be without prejudice to the rights of the owner to recover from the hirer any moneys due hereunder or any damages for breach hereof and the hirer indemnifies the owner in respect of any claims, damages or expenses arising out of any action taken under this clause.

11. This agreement may not be transferred or assigned to any other party without the consent of the owner

DAMAGE WAIVER

12. The owner agrees to waive its right to claim from the hirer for any damage to the equipment in excess of $500 or 10% (whichever is greater) of the list price of the equipment which is caused by fire, storm, earthquake, collision, accident provide that the hirer has supplied to the owner satisfactory evidence that he has promptly reported the damage. The waiver shall not apply to damage to equipment in the following circumstances.
    1. Damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of equipment
    2. Damage due to mysterious disappearance of the equipment
    3. Damage caused by misappropriation or wrongful conversion by the hirer or his employees or agents or by any person to whom the equipment is entrusted by the hirer
    4. Damaged caused by the use or operation of equipment in contravention of any of the conditions of this agreement
    5. Damage caused by the use of operation in violation of any statute (Commonwealth or State) or any regulation bylaw thereunder
    6. Damage to tools or accessories including tools, switchboards, electric leads and flood lights
    7. Damage to tyres or tubes
    8. Damage to equipment occurring for any reason whilst located used, loaded, unloaded, transported on, over or adjoining water including without limited the generality thereof whilst located, used, loaded, unloaded, transported over or on wharves, bridges, barges and vessels of all kinds