Hire Terms & Conditions
1. DEFINITIONS
1.1 In this deed, unless the context otherwise requires:
“Commencement Date” means the date specified in Schedule A;
“Equipment” means the equipment specified in Schedule A;
“Hire Agreement” means this Hire Agreement and includes Schedule A;
“Hire Rate” means at the Commencement Date the Hire Rate specified in Schedule A and thereafter any Hire Rate reviewed in accordance with the Hire Periods of this Hire Agreement and, unless otherwise specified, Hire Rate shall be plus GST.
“Hire Period” means the period from the time the equipment is delivered to the hire location until the equipment is made available for collection.
2. HIRE AGREEMENT
2.1 Hostservice agrees to Hire the Equipment to the Hirer for the Hire Period commencing on the Commencement Date.
3. HIRE RATE
3.1 The Hirer must pay the Hire Rate to Hostservice prior to the commencement of the Hire Period.
3.2 If the Hire Period is extended the Hirer must pay such further Hire Rate prior to the extension of the Hire Period.
4. OPERATION AND CARE OF EQUIPMENT
4.1 The Hirer must, at all times, during the Hire Period ensure that the Equipment is used solely for the purpose intended by its manufacturer and in accordance with the Hostservice and manufacturer’s instructions and in accordance with equipment’s specifications its rated capacity which shall not be exceeded.
4.2 The Hirer must at all times during the Hire Period keep and maintain the Equipment properly serviced, in proper working order and condition and in good and substantial repair and shall return the Equipment in good clean order and repair.
4.3 The Hirer shall be liable for all of Hostservice costs of cleaning and repairs if the Hirer fails to return the equipment in a good clean order and repair.
4.4 Maintenance and service call outs for repairs excluding repairs for damage to the equipment caused by the hirer as a result of the hirer breaching clauses 4.1 and 4.2 of this agreement during the Business hours of 9am-5pm Monday to Friday are included in the Hire Rate. All other callouts outside of these hours are at the expense of the Hirer.
4.5 Hostservice shall not be liable for any consequential damage or loss suffered by the Hirer as a result of the Equipment breaking down during the Hire Period.
5. OWNERSHIP
5.1 Hostservice retains full title to the Equipment notwithstanding the delivery of Equipment to the Hirer and the possession and use of the Equipment by the Hirer.
6. EXTENSION
6.1 If during the Hire Period the Hirer has:
(a) Paid the Hire Rate in the time and manner provided in the Hire Agreement;
(b) Complied with all of the Hirer obligations under this Hire Agreement; and
(c) Given reasonable notice to Hostservice before the expiry of the then Hire Period of the Hirer’s desire to extend the Hire Period;
Hostservice at their discretion and at the Hirer’s costs, may extend the Hire Period for the period or periods as agreed.
6.2 The Hire Rate for the extended Hire Period shall be paid in advance to Hostservice prior to the commencement of the extended Hire Period.
6.3 During the extension of the Hire Period, the provisions of this Hire Agreement shall continue to apply.
7. TRANSPORTATION COSTS – UTILITY COSTS
7.1 The Hirer shall be responsible for all costs incurred in transporting, using and operating the Equipment including but not limited to
a) Transporting the equipment from Hostservice premises to the place of hire and return,
b) All site preparation, installation and connection charges
c) All utility charges such as electricity, gas, water, waste removal
d) All consents and approvals to operate the equipment
8. CONSENTS APPROVALS
8.1 The Hirer acknowledges that it shall obtain at its costs all required and necessary Local Authority, Governmental and Land Owner permits, consents, registrations to operate the Equipment in a lawful manner.
9. INSURANCE - DAMAGE
9.1 Hostservice shall insure and keep the Equipment insured as and for such amount or amounts and against such risks and contingences and on such Hire Periods as shall from time to time be considered appropriate by Hostservice.
9.2 If the Equipment is damaged or destroyed the Hirer shall immediately notify Hostservice.
9.3 The Hirer’s liability for such damage or destruction shall be limited to the excess noted in Schedule A which shall become immediately payable to Hostservice upon such damage or destruction. However, if Host service’s insurance is declined because of any act or omission of the Hirer then the Hirer shall be immediately liable for all such damage or destruction of the Equipment.
9.4 If the Equipment is destroyed or damaged so as to be unusable, then Hostservice may by notice to the Hirer, terminate this Hire Agreement and Hostservice will not be obliged to replace the Equipment.
10. NO DEALING WITH EQUIPMENT
10.1 The Hirer shall not, agree, attempt, offer to purport to sell, assign, sublet, lend, pledge, mortgage, bail, let on hire or otherwise part with attempt to part with personal possession of the Equipment or otherwise deal with the Equipment.
11. DEFAULT
11.1 Hostservice and the Hirer agree that each of the following events amounts to default by the Hirer under this Hire Agreement:
(a) If the Hirer fails to pay Hire Rate or other money payable under this Hire Agreement on the due dates for payment;
(b) If the Hirer fails to perform or observe any of the covenants or provisions of this Hire Agreement;
(c) If the Hirer shall have execution issued against the Hirer’s property under a judgment in any Court or becomes bankrupt or a resolution is passed or a petition filed for the winding up of the Hirer other than for the purpose of reconstruction or amalgamation or if the Hirer becomes subject to the appointment of a receiver.
11.2 If an event of default occurs Hostservice may immediately, or at any time thereafter without giving any notice to the Hirer enter upon any land or premises where the equipment may be situated and retake possession and Terminate this Hire Agreement but without releasing the Hirer from any liability in respect of any breach or non-observance of any of the provisions contained or implied in this Hire Agreement.
12. CANCELLATION POLICY
12.1 Should the hire be cancelled within 30 days of the agreed start date of the Hire Period, the customer will be obliged to pay Hostservice a Cancellation Fee of $1000 +GST or 10% of the hire value (which ever is greater) plus disbursements (freight etc).