Trading terms and conditions

The terms that apply to any hire agreement between Easy As Hire Pty Ltd and the hirer.

The below terms relate to any hiring agreements between EASY AS HIRE PTY LTD (ABN 42 659 313 694) of 28 Shelton Park Drive Koo Wee Rup Victoria 3981 (“the Owner”) and the party who signs the declaration at the end of this document (The Hirer).

NOTICE TO HIRER:

You should read the terms and conditions of this agreement carefully as they may contain terms and conditions which may impact your rights and obligations, including that;

a)the liability of the Owner to the Hirer is excluded in some circumstances; and

b)the Hirer may be liable for damage to goods that is hired by it, and for damage to goods or property owned by a third party; and (c) the Owner’s privacy policy permits the Owner in some circumstances and subject to compliance with the Australian Privacy Principles to provide data about a Hirer, or data provided by a Hirer, to a third party in a form that may enable the third party to identify the Hirer.

BACKGROUND

  • The Owner and the Hirer have agreed to enter into this agreement on the terms and conditions set out in this agreement.
  • The Owner agrees to rent the Equipment to the Hirer for the Rental Period and the Hirer agrees to take the Equipment on hire for that period and to pay the rental charge set out in the Price List and Hire Schedule for the Equipment for that rental period, together with any applicable GST and other applicable charges, as set out in Hire Schedule, on the terms and conditions set out in this Agreement.

OPERATIVE PROVISIONS

Terms and Conditions

1. Definitions

In this agreement:

Claim means any action, suit, proceeding or demand of any kind.

Commencement Date means the date and time specified in the Hire Schedule (as may be amended by Owner in writing) when the Hirer takes possession of the equipment, pays hire charges or when the charges for hire of the Equipment will commence.

Consequential Loss means any loss of profit, revenue, business, contracts or anticipated savings, loss of expectation, loss of recourse to finance, loss of or inability to use equipment, loss of data, loss of goodwill, punitive or exemplary damages and any special, indirect or consequential loss or damage of any nature whatsoever.

Customer– means any person, firm, organisation, partnership, corporation or other entity (including a trust) identified in the Hire Schedule hiring the Equipment from the Owner.

Damage Waiver Excess means an amount agreed by the Owner to which the Hirer’s liability for damage to the Equipment can be limited in some circumstances and which is stated on Hire Schedule.

Default Rate means 15% per annum.

Equipment means the goods machinery or equipment or vehicle which is the property of the Owner and the subject of this Agreement as is more particularly described in the Hire Schedule, including all attachments, accessories, and tools and supporting documentation and includes any kind of the trade equipment, vehicles or tools available for hire from the Owner at all relevant times including but not limited to the goods suitable for the following kinds of uses: earthmoving and ground breaking; landscaping and gardening; ground equipment and shoring; cleaning; cooling and/or heating; waste management; plumbing; fencing and covering; lifting; air and air compression; pumping and fluid management; welding; compaction; concrete and masonry; flooring; floor care and cleaning, generation and power distribution; ladders and scaffolding; propping; lighting; materials handling; safety equipment; vehicles including trucks, vans and trailers, and includes tools and parts and accessories for any of the foregoing.

Expiry Date means the date set out as the expiry date at the Hire Schedule and the date on which Hirer (or anyone else) returns the Equipment to the Owner in accordance with this Agreement or, if the goods are stolen or damaged beyond repair, the date on which the Owner’s insurance company confirms that it will accept that the goods have been stolen or damaged beyond repair.

Goods means goods described at the Hire Schedule and any replacement goods and includes all relevant accessories and other equipment.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“GST Act”).

Hire Charges means the hire charges nominated in the Hire Schedule in accordance with the Price List.

Hirer means the person identified as such in the Hire Schedule who has personally signed this agreement, or has been signed on the Hirer ‘s behalf by an agent.

Hire Schedule means the Hire Schedule Form being a document in such form as the owner shall require together with any attachments in which these terms and conditions are referred in or to which these terms and conditions are attached.

Liabilities means liabilities of the Hirer or the Owner, damages, claims, losses, costs, fees and expenses of any kind (including legal costs on a full recovery basis).

Loss or Theft Waiver Excess means an amount agreed by the Owner to which the Hirer’s liability for loss or theft of the Equipment can be limited in some circumstances and which is stated on Hire Schedule.

Notice of Breach means written notice served by the Owner on the Hirer containing particulars of the breach of Agreement and requesting that the Hirer rectifies breach within 14 calendar days from the service of the Notice of Breach.

Operator means any person that operates the Equipment.

Owner means EASY AS HIRE PTY LTD (ABN 42 659 313 694) or the entity named as the supplier of hire in the Hire Schedule and each of their successors and assigns and its substitutes, successors and permitted assigns and its licencees, franchisees and/or agents.

Parties means both Owner and Hirer.

PPSA means the Personal Property Securities Act 2009 (Cth) as amended from time to time.

Price List means the Owner’s published price list which is current at the date this agreement is signed by the Owner.

Rental Period means the period beginning on the date and time set out as the Commencement Date and ending on the date set out as the Expiry Date, calculated on daily rate with appliable pick-up time after 7 am and drop off time before 5 pm. Terms and Conditions means these terms and conditions as may be amended from time to time in accordance with the provisions of these Agreement.

Vehicle means the vehicle designed to carry loads or a small number of passengers, licensed for use on public roads as described in the Hire Schedule (or any substitute vehicle) and includes its parts, components, accessories and contents supplied by the Owner.

2. Rental Agreement Documents

2.1This Agreement comprises the Hire Schedule, any attachments to the Hire Schedule and these Terms and Conditions.

2.2The Hirer is deemed to have accepted these Terms and Conditions if the Hirer takes possession of the Equipment regardless of whether or not they have signed a written agreement with the Owner including Hire Schedule and/or any attachments to it. Hirer’s purchase order or any other the Hirer’s terms of hire shall not form part of the Agreement unless accepted in writing by the Owner.

2.3If the Hirer enters into this Agreement as trustee, the Hirer warrants that it has full authority and power to enter into this Agreement and bind the trust and the obligations in this Agreement will be binding on the trust.

2.4The Owner may amend these Terms and Conditions from time to time, at its discretion, upon written notice to Hirer. Notice is deemed to have been given when the Owner sends the amended Terms and Conditions to the Hirer at any address (including an email address) supplied by the Hirer. If the Hirer hires the Equipment from the Owner after notice of the amended terms and conditions has been given, then this is deemed to be an acceptance of the amended terms and conditions by the Hirer.

2.5If there is any conflict or inconsistency between the documents comprising this Agreement then the Hire Schedule will take precedence over these Terms and Conditions.

3. Rental of the Equipment

The Owner agrees to rent the Equipment to the Hirer for the Rental Period and the Hirer agrees to take the Equipment on hire for that period and to pay the Hire Charge set out in the Hire Schedule for the Equipment for that Rental Period, together with any applicable GST, on the terms and conditions set out in this Agreement. The Hirer is entitled to use the Equipment for the Rental Period and for any agreed extension of the Rental Period. The Hirer agrees to return the Equipment to the owner at the owner’s nominated address at the end of the Rental Period.

4. Condition of the Equipment

4.1On the Commencement Date the Parties may inspect the Equipment to agree and make a written report of the condition of the Equipment in the Hire Schedule.

4.2Unless the Hirer notifies the Owner during the inspection, all the Equipment hired shall be deemed to have been delivered:

  • in good working order in accordance with any specifications agreed by the Parties;
  • in a good and clean condition, with any existing damage noted on the condition inspection report;
  • with manufacturer’s supplied tools, tires, accessories, equipment, and keys;
  • where the Equipment is a Vehicle, with the seal of the odometer unbroken;
  • where the Equipment is a Vehicle, with the odometer and fuel reading at the Commencement Date; and
  • in a condition suitable for the purpose for which it is hired.

4.3The Equipment shall be returned to Owner in the same condition as it was in at the Commencement Date of hire, reasonable fair wear and tear excluded.

5. Payment For Rental

a)The Hirer agrees to pay to the Owner the amount of the Hire Charge/s for hire of the Equipment for the Rental Period, together with any applicable GST, as set out in Hire Schedule of this Agreement. The Hirer will pay the Hire Charge/s on or before Commencement Date (or as otherwise specifically agreed with the Owner).

b)The Hirer also agrees to pay the other amounts, set out in Hire Schedule, calculated in accordance with the Price List and any duties, fees, outgoings, penalties, fines, demands, charges or costs imposed by any authority on or in connection with this Agreement or the Hirer ‘s hiring of the Equipment.

c)The Hirer authorises the Owner to complete any documents necessary or desirable to enable the Hirer to make any payments through any credit card system.

d)The Hirer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to the Owner in writing within 14 days of the hire Commencement Date.

6. Hirer’s Warranties

The Hirer warrants that:

a)the details of the Hirer stated in the particulars of this Agreement are correct in every respect and are not misleading in anyway including, without limitation, by omission;

b)the Hirer holds a current driver’s licence valid for the type of equipment hired;

c)the Hirer will not breach any copyright or other restriction in relation to or in connection with, the Equipment;

d)in selecting the Equipment the Hirer has not relied on the Owner’s skill and judgment or on any representations made by or on behalf of the Owner and agrees that the Equipment complies with their description, is in merchantable condition and is fit for the Hirer ‘s purpose.

7. Owner’s Obligations

The Owner will:

  • supply the Equipment and allow the Hirer to take possession and use the Equipment for the Rental Period;
  • provide the Equipment to the Hirer with full fuel tank (where applicable) and with all accessories and tools;
  • provide the Equipment to the Hirer clean and in good working order
  • if requested by the Hirer provide any further instruction on the operation and safe use of the Equipment.

8. Hirer’s Obligations

The Hirer will:

a)Satisfy itself at Commencement Date that the Equipment is suitable for its intended purposes and acknowledges that it has not relied in anyway on the skill, judgement or any representation made by the Owner and not contained in this Agreement;

b)On termination or expiration of the hire, return to the Owner the Equipment complete with all parts and accessories, with full fuel tank (where applicable) clean and in good order as delivered, fair wear and tear accepted;

c)Provide clear access to and make the Equipment available for inspection whenever reasonably required by the Owner (or the Owner’s agents or employees) during the Rental Period;

d)Operate the Equipment safely and strictly in accordance with all with all occupational health safety laws relating to the Equipment and its operation (including any applicable seat belt or child restraint laws);

e)Ensure that all persons operating or erecting the Equipment are listed as authorised drivers in the Hire Schedule, are at all times not under the influence of drugs or alcohol, are twenty-one (21) years of age or over, are suitably instructed in its safe and proper use and where required hold a current certificate of competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to the Owner upon request. All licenses must be valid and must not have been cancelled or suspended within the three (3) years prior to Commencement Date; f) Not use the Equipment for any illegal purpose;

f)Use Equipment only for its intended use, and in accordance with any manufacturer’s instruction whether provided by Owner, posted on the Equipment or otherwise and not exceed the recommended or legal load and capacity limits of the Equipment;

g)Use the Equipment solely in its own work and shall not sub-hire or permit the Equipment or any part thereof to be used by any other party, unless specifically permitted by the Owner;

h)keep the Equipment in good condition, not alter or make any additions to the Equipment and only use it as they would be used by a careful and prudent owner;

i)Not temper with the Equipment, including but without limitation altering, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;

j)report any damage to, or loss of, the Equipment to the Owner immediately such damage or loss occurs;

k)be liable for any breach of this agreement committed by the Hirer’s servants or agents;

l)indemnify and hold harmless the Owner against all losses, liabilities, costs, expenses (including, without limitation, legal expenses on a full indemnity basis) and taxes, of whatever kind or nature arising as in respect of all Claims arising out of Hirer’s use of the Equipment, any damage to property or death of or injury to any person which may be suffered or sustained in connection with the Equipment.

Additional obligations of the Hirer are outlined in Section 15 of this document.

9. Termination and Repossession

If, at any time the Hirer is in breach of any obligation under this Agreement (including those relating to payments and insolvency of the Hirer) then, without prejudice to any other remedies the Owner may have under this Agreement, the Owner may immediately suspend the supply of Equipment to the Hirer and terminate this Agreement.

The Owner may retake possession of the Equipment if the Hirer breaches any provision of this Agreement and the Notice of Breach has been served in writing on the Hirer.

If the Owner chooses to terminate the hire, then it may enter the premises where the Equipment is held for the purposes of repossession and the Owner will not be liable to the Hirer for any loss or damage that the Hirer suffers because the Owner has exercised its rights under this clause. The Hirer grants the Owner an irrevocable licence for the Owner to enter the Hirer’s premises for the purpose of repossessing any Equipment pursuant to this Agreement.

10. Exclusion of Liability

10.1Except as expressly set out in these Terms and Conditions and to the extent permitted by law, the Owner makes no warranties or representations about the Equipment including but not limited to the quality or suitability of the Equipment. Owner’s liability in respect of these warranties is limited to the fullest extent permitted by law. Notwithstanding any provision to the contrary, and to the full extent permitted by law, the Owner will not be liable to the Hirer on any basis (including negligence, tort, contract, statute or otherwise), for any Consequential Loss suffered or incurred by the Hirer, or suffered or incurred by a third party for which the Hirer is liable, directly or indirectly arising out of or in connection with the performance of this Agreement, and the Owner is released from any liability to Hirer in respect of such Consequential Loss.

10.2Where the Australian Consumer Law applies, the Hirer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded. Where the Australian Consumer Law applies and the Equipment is not of a kind ordinarily acquired for personal domestic or household use or consumption, the owner’s liability in respect of any guarantee is limited to the replacement or repair of the Equipment, or the cost of having the Equipment repaired or replaced. To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply the Owner makes no representations and gives no warranties other than those set out in these terms and conditions, and will not be liable to the Hirer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Hirer.

10.3The Owner is not obliged to supply equipment in replacement of the Equipment for any reason whatsoever including, without limitation, because the Equipment may have been damaged or because the Equipment may not or may have ceased to work.

10.4The Hirer must at all times indemnify Owner against any liabilities which the Owner suffers or incurs, and against any Claim against the Owner, or any employee, contractor or agent of the Owner in respect of: the personal injury to, or disease or illness affecting, or death of, any person, arising out of the Hirer’s performance of this Agreement, a breach of this Agreement by Hirer; any act or omission of the Hirer (whether negligent or otherwise) or any other liabilities arising directly or indirectly as a consequence of this Agreement which results in liabilities to the Owner either through the Owner’s own liabilities or liabilities of third parties claimed against Owner, provided that the loss or damage is not solely attributable to a negligent act or omission of Owner or its personnel; or Hirer’s use of the Equipment.

11. Title to Equipment

The Hirer acknowledges that the Owner retains at all times title to the Equipment and that the Hirer has rights to possess the Equipment as a mere bailee only. The Hirer does not have any right to pledge the Owner’s credit in connection with the Equipment and agrees not to do so. The Hirer also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Equipment and not to conceal or alter the Equipment.

All risk in the Equipment passes to the Hirer upon delivery of the Equipment to, or collection of the Equipment by the Hirer.

12. No Waiver

12.1Subject only to any express provision of this Contract to the contrary, the Hirer is responsible for loss or theft of the Equipment. The Hirer is also responsible for the costs of recovery of the Equipment and the full cost of repairing any damage to the Equipment caused or contributed to by the Hirer, unless expressly agreed otherwise in this Agreement.

12.2The Owner in its absolute discretion may agree that the Hirer’s liability for loss theft or damage to the Equipment can be limited in some circumstances only, to an amount stated in the Hire Schedule as Damage Waiver Excess and/or Loss or Theft Waiver Excess.

12.3The circumstances in which the Loss or Theft Waiver Excess will not apply:

a)where the Hirer has failed to keep the Equipment in a securely locked enclosed area, or in the case of a Motor Vehicle, has failed to properly secure or lock the Motor Vehicle; or

b)where the Customer has failed to submit to the Owner a Police report on the theft within seven days of the theft allegedly occurring.

12.4The circumstances in which the Damage Waiver Excess will not apply:

a)where the operator was not suitably licensed;

b)where the operator was affected by drugs and/or alcohol;

c)where the equipment has been wilfully damaged at any time during the Rental Period;

d)where the damage is caused by rolling or detachment while the Equipment is being driven or towed;

e)where the damage is caused in any way by overloading;

f)where the damage is caused by flash flooding or general water damage;

g)where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance; or

12.5Time is of the essence of this agreement, except that no delay by the Owner in exercising any right or power will operate as a waiver of that right or power nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.

13. Dispute Determination And Governing Law

If any dispute whatsoever arises between the parties as to the performance or as to the meaning of this agreement the parties agree to negotiate to attempt to resolve the dispute in good faith, and if the dispute is not settled by the Parties, then with the assistance of the applicable Victorian dispute settlement body before litigation.

Where applicable, the agreement containing these terms and conditions is a payment claim under the Building and Construction Industry Security of Payment Act 2002 VIC. Except where the Owner in its discretion takes action against the Hirer under any of the building and construction industry legislation referred to in this clause, the Owner and the Hirer agree that this agreement is governed by the law of the state of Victoria, and the parties submit to the jurisdiction of the courts of that State.

14. GST

14.1The Hire Charges detailed in the Hire Schedule are exclusive of any Goods and Services Tax (GST) unless expressed otherwise.

14.2In this clause: GST means GST within the meaning of the GST Act and includes penalties and interest; and GST Act means the A New Tax System (Equipment and Services Tax) Act 1999 (as amended).

14.3Expressions used in this clause and in the GST Act have the same meanings as when used in the GST Act.

14.4Except where this Agreement specifies otherwise, an amount payable by a party under this Agreement in respect of a taxable supply by the other party represents the value of the supply or the net amount under this clause.

14.5The recipient of the supply must, in addition to that amount and at the same time, pay to the supplier the amount of GST payable in respect of the supply.

14.6If this Agreement requires a party to pay for, reimburse or compensate against any expense or liability (reimbursable expense) incurred by the other party (payee) to a third party, the amount to be paid, reimbursed or compensated is the amount of the reimbursable expense net of any input tax credit to which the payee is entitled in respect of the reimbursable expense (net amount).

15. Additional Hirer Obligations and Notice

Hirer warrants that it will ensure that all persons operating or erecting the Equipment are fully trained and qualified to use the Equipment. The Hirer accepts and acknowledges that Easy as Hire has given a full run down how to use the Equipment and that Easy as Hire will accept no responsibility whatsoever for damages or injury resulting from misuse of the Equipment. As the Equipment is hired with the Hire Charges based on a daily rate, the Equipment is agreed to be used by Hirer for no more than eight (8) hours in a calendar day. Easy as Hire reserves right not to accept drop off of the Equipment after 5 pm and the Hirer will be charged full daily hire charge for next day. If the Hirer wishes to extend Rental Period the Hirer must notify Owner in writing and it is in absolute discretion of the Owner to agree to such an extension of Rental Period. The Equipment is to be returned clean, complete with all parts, accessories, and tools and with full fuel tank (where applicable). The Hirer is responsible for theft, loss and damage to the Equipment and/or its attached tools and accessories whilst on hire until the Equipment is collected by the Owner, or returned to the Owner by the Hirer, and the full costs of replacement or repairs to the Equipment will be charged to the Hirer unless expressly agreed otherwise in this Agreement.