- “The Plant” means the equipment, including all tools and accessories supplied pursuant to these terms and conditions.
“The Owner” means Zone Group.
“The Hirer” means the person hiring the Plant and signing these terms and conditions for or on behalf of the Hirer. - Hire charges shall commence from the time the Plant leaves the Owner’s premises whether collected by the Hirer, delivered by the Owner or otherwise and continue until returned to the Owner. If the Owner transports or delivers the Plant for or on behalf of the Owner, then, in addition to the hire charges the Hirer shall pay the Owner all charges and expenses incurred by the Owner in de-hiring, installing, and/or collecting the Plant.
- Hire rates are based on the following:
- a day of 8 hours use over a continuous 24 hour period.
- a week of 40 hours use over a continuous week period.
- a month of 160 hours use over a continuous 4 week period.
At the discretion of the Owner, the Hirer will be liable to pay the Owner for the excess on a pro-rated basis when using the Plant outside the periods of hours shown above. - In the event of any damage to or failure of the hired Plant, for any reason or of any nature whatsoever, the Hirer shall immediately notify the Owner.
- The Hirer shall:
- ensure that the Plant is operated only by fully trained and experienced operators and not otherwise.
- ensure the Plant is used in a skilful and proper manner and only for the purpose and within the capacity for which it was designed.
- maintain the Plant in a safe, clean and serviceable condition allowing for reasonable wear and tear, and without limitation, supply fuel and ensure oil, water, battery levels are maintained and properly monitored.
- upon completion of hire the Hirer shall ensure that the Plant is clean and in substantially the same condition as it was at the commencement of the hire.
- without limitation, the Hirer shall indemnify the Owner and Hirer shall pay the Owner’s costs of repairing or reinstating the Plant except for loss of or damage to the Plant however caused or arising.
- accept full responsibility for and indemnify the Owner against any claims in respect of any injury to persons or damage to property however caused or arising from the use of the Plant during the hire period.
- pay all hire charges and other charges as stated on the invoice on a strictly net cash basis within the terms allowed by the Owner.
- If the Hirer requires the Owner to deliver the Plant, the Owner will undertake that it willuse its best endeavours to have the Plant delivered by the said time but the Owner willnot be liable to the Hirer for late delivery, non-delivery or any loss or damage caused or arising from the late delivery or non-delivery of the Plant.
- The Hirer shall not in any way part with possession or control of the Plant, nor assign this hire contract, nor remove the Plant from the State without prior consent of the Owner.
- The Owner shall not be responsible or liable to the Hirer under any circumstances,whether on the grounds of breach of contract, contractual duty, or on the grounds ofnegligence or otherwise, for any loss or defects in or malfunction, break down or failureof the Plant, and the Hirer waives its rights and releases the Owner from all claims anddemands in respect thereof.
- Upon giving to the Owner seven (7) days written notice of termination at any time duringthe hire contract, the hire contract may be terminated by the Owner:
- without notice if the Hirer has a winding-up petition presented against it, or be wound-up or go into voluntary liquidation or if a receiver of its assets is appointed or if it makes an arrangement or compromises for the benefit of its creditors or if its business is placed under official management or it ceased to carry on business.
Upon termination the Owner shall be entitled without notice to take possession of the Plant, for which purposes the Hirer hereby irrevocably appoints the Owner as its agent for collection and licenses the Owner to enter any land or premises of the Hirer or under his control upon which the Plant is situated at the time of termination. - The Hirer shall be responsible for and shall indemnify the Owner against any:
- damage due to misuse, abuse or overloading the Plant.
- loss or damage through failure of the Plant in contravention of this conditions of hire.
- loss or damage through failure of the Hirer to take reasonable care of the Plant through the Hirer’s negligence.
- loss or damage to the Plant from use in violation of any statutory laws or regulations.
- loss of tools, accessories and similar.
- damage caused to tyres and tubes.
- loss or damage resulting from lack of lubrication or other normal servicing of the Plant.
- The Hirer shall pay any government levy or impost including but not limited to stamp duty in relation to this contract and the Hirer shall indemnify the Owner in relation to the same.
- The Owner reserves the right and without notice to revise the hire rate charges.
- The termination of hire for any reason whatsoever and at the discretion of the Owner,should the Owner be unable to gain access to the Plant for any reason, hire will continue at the agreed rate until access is available.
- The Hirer shall on request of the Owner advise him of the current location of the Plant and grant access to it.
- The person signing this contract on behalf of the Hirer accepts these terms and conditions and agrees to be bound by them jointly and severally with the Hirer and warrants that he/she is duly authorized to sign this contract on behalf of the Owner.
- In the following sub-clauses:
“GST” means a tax imposed on goods or services imposed by the Commonwealth, a State or a Territory or any similar or like tax and whether imposed before or after the commencement of this agreement.
“Supply” means the supply of any goods, services, other rights, benefits or other things by the Owner and includes the definition of supply in any legislation or regulations which implements or varies a GST.
- If GST has application to any Supply made under or in connection with this agreement, in addition to any payment or amount due under or consideration payable or to be provided pursuant to this agreement (“payment”) the Owner may recover from the Hirer an additional amount on account of GST, such amount shall be calculated by multiplying the value of the payment for the relevant Supply by the prevailing GST rate.
- Any amount on account of GST recoverable from the Hirer under clause 2 must be calculated without any deduction or set-off of any other amount and must be paid by the Hirer at the same time as the consideration for the relevant supply is payable or to be provided.
- The Owner makes no representation and has not given any warranties and the Hirer acknowledges that the Owner has not made any representations or given any warranties relating to the use of the Plant or its suitability for any purpose other than that for which it is designed.
- Subject to the payment of the damage waiver fee and any applicable excess, and the prompt submission of a written police report, the Owner shall waive its right to claim for loss or damage to the Plant caused by fire, storm, collision, impact, accident, theft or burglary provided the Hirer takes reasonable precautions to safeguard the Plant and provided further that any loss or damage to the Plant is not caused by the negligence of the Hirer. This waiver excludes any loss or damage caused by or resulting from:
- the intentional act or willful neglect of the Hirer;
- misuse, abuse or overloading or incorrect loading of the Plant;
- the application of any tool or process without the consent of the Owner;
- any operation in which a load is shared between or with any other machine or equipment;
- the Plant being used by or without a fully trained and experienced operator;
- any contravention of any law or the provisions of this agreement;
- a failure to maintain the Plant;
- wrongful conversion of the Plant;
- exposure to any corrosive substance;
- cuts bursts punctures or damage to tyres;
- defect known or apparent to the Hirer or its operators;
- loss or damage during transport unless being transported by the Owner;
- any act, matter or thing involving the imposition of abnormal conditions, strains or loads upon the Plant.