STEVE JONES HIRE – CONDITIONS OF HIRE
‘Owner’ of the plant and plant listed is Stevalcan Pty Ltd in Trust for Stevalcan Unit Trust ABN 78 660 681 131 trading as ‘Steve Jones Hire’.
‘Hirer’ is the person, firm or corporation hiring plant from the owner.
‘Plant’ means all equipment, including tools, accessories & parts supplied to the hirer.
Terms and Conditions
1 Hire of plant
1.1 The hiring of the plant will commence from the commencement date specified on the Contract/Tax Invoice and continue for the term specified on the Contract/Tax Invoice. Hire charges are based on time out not time used.
1.2 The hirer is entitled to use the plant for the hire period. Any extension of the period must be agreed to by the owner.
1.3 The hirer agrees to return the plant to the address of the owner on or before the end of the hire period as outlined on the Contract/Tax Invoice. Plant will be regarded as on hire until returned to the owner or until the owner is advised that the plant is available for immediate collection (declared off hire). Failure to do so can be criminal theft and may be immediately reported to the police.
2 Payment for rental
2.1 The hirer agrees to pay the owner the hire fee (which includes damage waiver) for the plant for the hire period including any GST, fines, penalties, levies, freight, cost of consumables and other charges relevant to this agreement and the hire.
2.2 The required fees must be paid to the owner prior to or on the commencement date of the hire period. Account customers who do not pay their account on the terms agreed will be deemed to be in default. Plant not returned on time and in accordance with this agreement will be subject to a continuance of the agreed rental until return is complete.
2.3 A cancellation fee may be charged by the owner where reserved plant is cancelled without providing reasonable notice to the owner.
2.4 Payment of a default account with a credit card will incur the following fee:
Visa or MasterCard 1 ½%
AMEX or Diners 2 ½%
3 Damage waiver, Loss, Damage or breakdown of Plant
3.1 Upon payment by the hirer of the hire fee (which includes damage waiver), the owner shall be liable for the cost of repairs or replacement of the plant due to damage occurring whilst on hire, subject to an excess payable by the hirer of 10% of the cost of repairs to the plant.
3.2 Replacement of plant due to loss, theft, conditions or events mentioned in Clause 3.5 is not covered by the damage waiver and will be charged to the hirer at new list price.
3.3 Clause 3.1 in no way entitles the hirer to, or implies the availability of compensation from the owner for any liability incurred by the hirer in relation to the use of the the hired plant.
3.4 Clause 3.1 will not continue to operate after the expiration of the hire agreement unless an extension by the owner is granted and an additional hire fee is paid.
3.5 Clause 3.1 will not apply to loss or damage which relates to or arises from:
(i) breach of any statutory laws or regulations in connection with the use of the plant by the hirer;
(ii) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the plant;
(iii) theft, loss or damage by whatever cause to plant and/or all related accessories supplied with the plant including but not limited to; hoses, drills, bits, electric leads, tyres and tubes. (You are responsible for loss or theft of the plant)
(iv) lack of lubrication or non-adherence to other normal maintenance requirements that could reasonably be expected of the hirer under the agreement;
(v) disregard for instructions given to the hirer by the owner in respect of the proper use of the plant or in contradiction of the manufacturer’s instructions if supplied with the plant at the commencement of hire;
(vi) unexplained disappearances of the plant;
(vii) loading or off loading plant from maritime vessels, transportation of plant on maritime vessels or the use of plant on any wharf or bridge or over any body of water.
3.6 If there is a breakdown or failure of the plant the hirer shall notify the owner immediately for the appropriate action to be taken.
4 Use, operation and maintenance
4.1 The hirer agrees that the use of the plant carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.
4.2 The plant shall not be used by anyone other than the hirer without the express permission of the owner.
4.3 The hirer will ensure that all persons operating or erecting the plant are instructed in its safe and proper use and where required hold a valid Certificate of Competency or are fully licensed to use it.
4.4 The hirer agrees to operate, maintain, store and transport the plant strictly in accordance with any instruction provided by the owner and with due care and diligence.
4.5 The hirer agrees that the plant will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the plant in regard to its operation, maintenance and storage.
4.6 The hirer agrees to comply with all occupational health and safety laws and regulations relating to the use of the plant and associated operations.
4.7 The hirer shall ensure the plant is returned to the owner clean of all foreign matter or agrees to a cleaning fee of $35 per man hour being charged by the owner
4.8 The reasonable costs of fuel or consumables provided by the owner and used by the hirer are to be paid to the owner.
5 Hirer’s warranties
5.1 The hirer warrants that:
(i) the plant will be used in accordance with the specific conditions of use outlined in the Contract/Tax Invoice and in other instructions provided by the owner.
(ii) the particulars on the Contract/Tax Invoice are correct in every respect and are not misleading in any way including, without limitation, by omission;
(iii) the hirer holds a valid current driver’s licence, operating licence or permit valid for the type of plant hired;
(iv) the plant will not be used for any illegal purpose;
(v) the hirer’s vehicle is suitable for towing the plant if required;
(vi) the hirer will not, tamper with, repair or modify the plant in any way or permit another to do so, without written consent of the owner;
(vii) the hirer agrees that the plant complies with its description, is in a clean good working condition suitable for hire and is fit for the hirer’s purpose.
(viii) the hirer accepts full responsibility for the safe keeping of the plant. If the owner is requested to collect plant, it remains the hirer’s responsibility for the safe keeping of the plant until it has been collected by the owner.
6.1 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 plant during the hire period.
6.2 Without limiting clause 6.1 of this agreement, the hirer agrees that to the full extent permitted by law, no warranties are given by the owner in respect of the plant.
Any liability of the owner pursuant to any warranty which cannot be excluded by law will not exceed either the cost of repairing the plant or the cost of re-supplying the plant, at the discretion of the owner.
7.1 The hirer will assume all risks and liabilities for, and in respect of, the plant 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 plant.
8.1 To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the plant.
9 Title to plant
9.1 The hirer acknowledges that the owner retains title to the plant and that the hirer has rights to use the plant as a mere bailee only. The hirer agrees that the hirer has no rights to pledge the owner’s credit in connection with the plant.
9.2 The hirer will not 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 plant and not to conceal or alter the goods or make any addition or alteration to, the plant.
10 Repossession and remedies on default
10.1 The owner may retake possession of the plant if the hirer breaches any provision of this agreement or does not pay their account in the time agreed, notwithstanding anything else herein contained.
10.2 If repossession takes place, the owner shall only charge the hire fee up to and including the time of repossession.
10.3 All costs incurred by the owner in repossessing due to a breach are to be paid by the hirer.
10.4 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 plant listed in the contract/tax invoice is situated to disconnect, decommission and/or remove that plant.
10.5 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 insurance effective in respect of the plant hired.
11.1 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.
12.1 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 remaining after severance.
13 Governing law
13.1 This agreement is governed by the laws of the State of Queensland where the agreement is made and each party submits to the exclusive jurisdiction of the Court of that State.
15.1 Both the owner and the hirer agree that any disputes arising from the hire and use of the plant (except in regard to payment of fees or 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.