All equipment supplied for Hire remains the property of the owner, ARCAM Pty Ltd T/as A1 Hire & Sales Tamworth
The hiring rate stated overleaf is based upon the Plant being used for eight hours only on each day.
Rates of Hire. Daily rates are based on an 8 hour work period. Usage in excess of an 8 hours work period will incur an additional hire charge. Weekly rates are 5 days. Half Day hire on some items. Long term hire rates on request. Delivery and pick-up can be arranged at extra charge.
Hiring charges shall commence from the time the plant is collected by the Hirer form the Owners premises until returned to the said premises. In the event of the Hirer requesting the Owner to make delivery and collection, hire will commence from the time the Plant leaves the Owners premises until the Hire Controller of the Owner is notified that the Plant is available for collection. Notwithstanding the foregoing it is expressly understood that the onus rests with the Hirer to ensure that the Plant is returned to or collected by the Owner.
If the Hirer fails to return the plant to the Owners premises on the morning of the day following the day of hire, they will be liable for an additional charge (unless otherwise agreed).
Providing the Hirer notifies the Hire Controller of the Owner immediately of a breakdown, hiring charges will not be payable during which time the Plant is unserviceable unless this condition is due to negligence or misuse on the part of or attributable to the Hirer.
The owner shall-
Make the Plant available to the Hirer at the Owners premises or, if so requested, deliver the Plant to site nominated by the Hirer.
Be responsible for all repairs and replacements required to the Plant and which arise from fair wear and tear, provided that these shall be at the cost of the Hirer if shown to be caused by negligence or misuse on the part of or attributed to the Hirer.
The Hirer shall –
Supply the operator and pay the operators wages.
Shall use the Plant in a skilful and proper manner and shall, at his own expense, service, clean and maintain the plant in good and substantial repair and condition, reasonable wear and tear accepted, and shall supply all fuel, oil and grease necessary for operation, service and maintenance including all costs of repairing or replacing tyres including road service.
Clean the Plant upon completion of the hire period.
Accept responsibility for the safe keeping of any tools supplied to therewith, and will pay the Owner for any loss suffered in this regard by reason of misuse, theft or otherwise, in particular where locks are provided the Hirer will keep the Plant locked.
The Hirer shall accept all responsibility for and will pay the Owner for the loss or damage to the Plant from whatever cause the same may arise during the period of hire (fair wear and tear accepted) and shall accept all responsibility for any injury or damage caused during the period of hire to any person or property and shall hold the Owner free from all liabilities in respect of all claims in connection therewith.
Pay hire to the Owner at the rates shown overleaf subject to any other provisions nominated herein.
Pay the Owner all costs incurred in delivering and recovering possession of the equipment.
Pay the new list price of any equipment which is for whatever reason not returned to the owner. (Note to customer: you are responsible for loss or theft of the equipment).
Pay the cost of repairing any damage to the equipment caused by vandalism.
Pay stamp duties, goods and services tax, and other taxes or duties and all tolls, fines, penalties, levies or charges payable in respect of this agreement and the hiring.
Pay the cost of fuels and consumables provided by the owner and used by the Hirer.
Pay any expenses or legal costs (including commission payable to a commercial agent) incurred as a result of the failure of the Hirer to pay the charges when due.
Make payment in full for all charges including new invoices in relation to any end of month rollovers (where applicable) on strictly nett cash 30 days basis unless otherwise stated.
A statement fee of $5.00 will be charged on all accounts outside 30 days trading.
The Hirer shall be responsible for obtaining any licence or permit needed for the use of any equipment hired.
The Owner may affix or cause to be affixed on the said Plant or any part thereof such plates or other marks indicating that the said Plant is the property of the owner as the Owner may think fit.
This Hire Contract may not be transferred to any other party , nor the Plant removed from the4 State without the written consent of the Owner.
Not withstanding the period of the hire mentioned overleaf this agreement may be determined by the Owner giving to the Hirer two days notice. If the Hirer shall commit an act of bankruptcy or be made bankrupt or, being an company, have a winding up petition presented against it or be wound up or go into voluntary liquidation or commit any breach of this agreement, the Owner shall be thereupon entitled to determine the agreement with out notice and/or to take possession of the Plant or equipment hired for which purpose the Hirer hereby irrevocable licenses the Owner and its agents to enter any land or premises of the Hirer or under his control. Upon determination as aforesaid or upon the Owner taking possession of the Plant or equipment, this agreement shall be at an end except that each party shall be liable for any prior breach thereof.
The Hirer shall indemnify and keep indemnified and save harmless the Owner and Owners servants and agents from all damages, suits, actions, claims and demands of very description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the Owner, its servant or agents or otherwise.
EXCLUSION OF LIABILITY
The Owner shall not be liable to the Hirer or the Hirers servants or agents for any damages, suites, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations warranties, terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under Part V Division 2A of the Trade Practices Act (1974) or relevant State legislation), use maintenance, transport, operation of the goods or otherwise and whether resulting form the negligence of the Owner, its servants or agents or otherwise.
OPERATION OF CLAUSES A AND B
Clauses A and B hereof to the extent they are inconsistent with other clauses, terms and conditions of this Agreement are to override such clauses and be a paramount force.