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HIRE OF PLANT & EQUIPMENT AGREEMENT – TERMS OF HIRE
1. HIRE AGREEMENT BETWEEN YOU AND US
These Terms of Hire, together with:
set out the terms of 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. Any terms contained in any document supplied by You, including any terms in Your purchase order, will not form part of the Hire Agreement.
When We refer to the following terms in this document:
“ACL” means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Chain of Responsibility” means legislation that extends liability for Road Law offences to all parties whose actions, inactions or demands influence conduct on the road particularly in relation to speed, fatigue, vehicle standards, vehicle roadworthiness, load restraint, and mass and dimension.
“Consumer” means a consumer as that term is defined in the ACL.
“consumer contract” has the same meaning as in the ACL.
“Consumer Guarantees” means the guarantees relating to the supply of goods and services contained in the ACL.
“Environmental Laws” means any statute, regulations or other laws made or issued by a regulatory body or government regulating or otherwise relating to the environment including without limitation the use or protection of the environment.
“Equipment” means any equipment provided by Us to You under the Hire Agreement, including any associated or attached tools, accessories and parts available for hire.
“Expected Off Hire Date” means the date that You expect the Hire Period to end. This date is set out in the Hire Schedule.
“Hire Charge” or “Hire Charges” means the rates and charges payable by You for the hire of the Equipment.
“Hire Period” means the period described in clause 4.
“Hire Schedule” means the document provided by Us to You which includes details of the Equipment You have hired, the Hire Charge, any other applicable charges, the Expected Off Hire Date and the address for delivery of the Equipment.
“Licence to Perform High Risk Work” means a validly issued licence issued by the relevant workplace health and safety departments of each respective state government required for the operation of Equipment which is considered to be high risk.
“Long Distance Location” is a location in excess of 50km from Our nearest branch.
“LTD Waiver” has the meaning set out in clause 15.
“New Replacement Cost” means the cost to replace the Equipment with a new item of the same equipment, or if the same equipment is not available, then the cost to replace the Equipment with a new item of equipment of the same quality, function and capacity.
“Non Excludable Provision” has the meaning set out in clause 16.3.
“Off Hire Date” has the meaning set out in clause 5.5.
“Off Hire Number” is the number given by Us to You on the Off Hire Date.
'PMP' is the electronically managed preventive maintenance programme operated by Us (or Our agent) for all Equipment. The PMP involves regular attendance on site by Our service team to conduct routine Equipment servicing and general maintenance requirements.
“PPSA” means the Personal Property Securities Act 2009 (Cth) (as amended) and any other legislation and regulations in respect of it, and the following words in clause 9.2, 10 and 31 have the respective meanings given to them in the PPS Act: financing change statement, financing statement, purchase money security interest (or “PMSI”), register, registration and security interest.
“Regulatory Authority” means any public authority or government agency responsible for regulating the performance of electrical works.
“Related Body Corporate” has the same meaning as in the Corporations Act 2001.
“Relevant Documents” means: the Credit Application; and any Guarantee, Indemnity & Charge which guarantees all monies owing by You to Us.
“Road Law” means any law, regulation or rule relating to the use of a road, restrictions on driving hours (in whichever legislative instrument those requirements may appear), mass, load and restraint requirements for the carriage of goods, dangerous goods, environmental impacts and speed and traffic requirements and includes the Heavy Vehicle National Law.
”small business contract” has the same meaning as in the ACL (as amended).
“Transport Movement” means the period of time during a delivery in which Equipment is being transported by road, which is governed by Road Law and is subject to the Chain of Responsibility.
“We/Us/Our” means SS Projects Pty Limited (ABN 93 155 208 754) any Related Body Corporate of SS Projects Pty Limited and their successors and assigns.
“You/Your” refers to the person, firm, organisation, partnership, corporation, trust or other entity hiring Equipment from Us. The reference to “You/Your” includes any of your employees, agents and contractors.
3. OUR HIRE COMMITMENT TO YOU
We agree to hire the Equipment to You and will:
(a) provide the Equipment to You in good working order; and
(b) subject to clause 8.6, allow You to exclusively use the Equipment during the Hire Period.
4. THE HIRE PERIOD
5. HOW WE CALCULATE YOUR HIRE CHARGES
6. OTHER CHARGES
In addition to the Hire Charges, You agree to pay:
8. YOUR OBLIGATIONS TO US
9. OWNERSHIP OF THE EQUIPMENT
11. RESPONSIBILITY FOR THE EQUIPMENT
You are responsible for any loss, theft or damage to the Equipment from any and every event whatsoever and howsoever and by whosoever caused during the Hire Period except where any such loss, theft or damage was caused by Our actions.
12. RETURN OF EQUIPMENT
13. WHAT TO DO IF EQUIPMENT BREAKS DOWN
14. WHAT TO DO IF EQUIPMENT IS LOST, STOLEN OR DAMAGED
except where You have paid the LTD Waiver Fee, in which case Your liability is subject to clause 15 below.
15. LOSS THEFT DAMAGE WAIVER
16. INDEMNITIES AND EXCLUSION OF LIABILITIES
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.
17. TERMINATION OF HIRE AGREEMENT
18. RECOVERY OF THE EQUIPMENT
If You are in breach of the Hire Agreement or if the Hire Agreement or a Hire Period has been terminated under clause 17, We may, at Your cost, take all steps necessary (including legal action) to recover the Equipment, including entering Your premises to do so and You expressly consent to Us entering Your premises for the purposes of recovering Our Equipment.
Except where clause 33 applies:
20. EQUIPMENT THAT IS COLLECTED OR DELIVERED IN A DAMAGED AND / OR DEFECTIVE CONDITION
If You collect or receive the Equipment 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.
21. LONG DISTANCE MAINTENANCE
23. FORCE MAJEURE
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.
25. GOVERNING LAW
The Hire Agreement is governed by the laws of all States and each party submits to the non-exclusive jurisdiction of the courts of each State in respect of any proceedings arising in connection with the Hire Agreement. Each party waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
26. ENTIRE AGREEMENT
The Hire Agreement comprises the entire agreement between the parties. No additional terms and conditions (including any terms contained in any purchase order supplied by You) apply to the hire of the Equipment unless the Hire Agreement is varied in accordance with clause 28.
27. NO RELIANCE
Subject to clauses 16.1 and 16.3, 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.
To the extent that a variation to this Hire Agreement is not detrimental to You, from time to time, We may vary this Hire Agreement. If We intend to do so, We will give You 10 days’ written notice of our varied terms. If You have reasonable grounds to believe the change will be detrimental to Your rights, You may terminate this Hire Agreement without penalty within 10 days of receiving Our written notice. Any other variation of the Hire Agreement must be agreed in writing by You and Us.
29. NO WAIVER OF RIGHTS
Subject to clause 20, 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 impair any such right, power or remedy, nor 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.
30. SIGNING THIS HIRE AGREEMENT
31. CLAIM FOR PAYMENT
This Hire Agreement is a claim for payment under the Building and Construction Industry Security of Payment Act 1999 (NSW), the Building and Construction Industry Security of Payment Act 2002 (VIC), the Building and Construction Industry Payments Act 2004 (QLD), the Building and Construction Industry Security of Payment Act 2009 (SA), the Construction Contracts Act 2004 (WA), the Building and Construction Industry (Security of Payment) Act 2009 (ACT), the Building and Construction Industry Security of Payment Act 2009 (TAS), and/or the Construction Contracts (Security of Payments) Act 2009 (NT).
32. PROVISIONS OF THIS AGREEMENT EXCLUDED FROM CONSUMER CONTRACTS AND SMALL BUSINESS CONTRACTS
The following provisions will not apply if the Hire Agreement is a consumer contract or a small business contract:
34. TELEMETRY DATA
35. CHAIN OF RESPONSIBILITY OBLIGATIONS
16 / 31 Millaroo Pl, Helensvale 4212
NSW - SUPERVISOR LIC NO: 46378SCONTRACTORS NO: 257196CQLD – SUPERVISOR LIC NO: 15024430CONTRACTORS NO: 15024420ABN: 93 155 208 754 ACN: 155 208 754
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