9 Fairlawn Road, Busselton08 9752 4600

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1      Hire of equipment

1.1     The hire will commence from the commencement date specified in the Schedule and continue for the hire period specified in the Schedule.

1.2     The hirer is entitled to use the equipment for the hire period subject to the terms of this document.  Any extension of the hire period must be expressly agreed to by the owner before the expiration of the hire period.

1.3     The hirer agrees to return the equipment to the address identified by the owner on or before the end of the hire period as outlined in the Schedule and acknowledges that failure to do so may be immediately reported to the police.

2     No PPS lease without owner agreement

Despite anything else in this document, without the express written consent of the owner, the hire period (including any option or extension of it) cannot be longer than two years (or any other period that is the time threshold for a PPS lease under the PPS Law (as defined below)).  

3      Payment for hire

3.1     The hirer agrees to pay the owner the hire fee and the damage waiver fee specified in the Schedule for the use of the equipment for the hire period including any applicable GST, stamp duties, tolls, fines, penalties, levies or freight and other charges relevant to this agreement and the hire.

3.2     The required fees must be paid to the owner prior to or on the commencement date of the hire period and when otherwise due and payable periodically under the Schedule or as agreed with the owner.  Hirers who do not pay on any terms agreed will be in default.  Equipment not returned on time and in accordance with this agreement will be subject to a continuance of the agreed hire fee and other charges until return or pick-up (if agreed) is complete, but this will not constitute an extension of the hire period.

3.3     The owner may agree to make equipment delivery and collection arrangements to and from the hirer’s site and the hirer will pay to the owner any charges and expenses incurred in such delivery, installation and/or collection.   The owner will use its endeavours to deliver the equipment at the requested time but will not be liable to the hirer for a late delivery or non-delivery. 

3.4 A reasonable cancellation fee may be charged by the owner where equipment has been reserved by booking and the hirer cancels the booking without at least 10 days’ notice or fails to take delivery of the equipment.  The schedule may specify an agreed cancellation fee to be payable by the hirer – for example where an Event is cancelled.

3.5     The owner may charge the hirer a reasonable fee for accepting payment by credit card and this may be up to the applicable permissible charge under legislation.

3.6     Unless otherwise stated, the hire charges payable by the hirer in relation to the equipment will be as stated in the applicable Schedule.  The owner reserves the right at any time to revise the hire fees by providing the hirer with notice.  However the hire fee cannot be increased during an agreed fixed term hire unless the hirer agrees to the increase.  Where the increase in hire fees applies to equipment already on hire by the hirer, the hirer may terminate the hire and return the equipment to the owner.

5      Use, operation and maintenance

5.1     The hirer agrees that the use of the equipment carries with it inherent dangers and risks of injury and the hirer agrees to accept all those dangers and risks.

5.2     The equipment must not be used by anyone other than the hirer without the express permission of the owner.

5.3     The hirer will ensure that all persons operating or erecting the equipment are instructed in its safe and proper use and where required hold valid proof of training or are fully licenced to use it.

5.4     The hirer agrees to operate, maintain, store and transport the equipment in a proper manner and where required strictly in accordance with any instruction provided by the owner and with due care and diligence.   

5.5     The hirer agrees that the equipment 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 equipment in regard to its operation, maintenance and storage.

5.6     The hirer agrees to comply with all occupational health and safety laws and regulations relating to the use of the equipment and associated operations. The hirer must not allow the equipment to be exposed to any hazardous substance such as asbestos or silica dust without the prior written consent of the owner.  The owner may withhold consent or grant it subject to conditions which will be deemed part of this agreement.

5.7     The hirer must ensure the equipment is returned to the owner clean of all foreign matter or agrees to a reasonable cleaning fee being charged by the owner.  

5.8     The reasonable costs of fuel or other consumables provided by the owner and used by the hirer are to be paid to the owner when required by the owner.

6      Hirer’s obligations

          6.1     The hirer agrees that:

  • the equipment will be used in accordance with any additional conditions outlined in the Schedule.
  • the particulars in the Schedule provided by the hirer are correct in every respect and are not misleading in any way including, without limitation, by omission.
  • the hirer and/or all its relevant personnel hold a valid current driver’s licence, operating licence or permit valid for the type of equipment hired.
  • the equipment will not be used for any illegal purpose.
  • the hirer’s vehicle is suitable for towing the equipment if required.

the hirer will not, without prior written consent of the owner, tamper with, repair or modify the equipment in any way, or permit another to do so.

  • the hirer will not remove the equipment from the State or Territory in which it is hired without the prior approval of the owner.
    • If the Equipment is to be used for a public or private Event at a Site specified in the Schedule, the Hirer is responsible at its cost for the conduct of the Event including management of the Site and its environs and the provision of all necessary utilities, services and facilities. The hirer must conduct the Event with all due care and in a professional manner and in compliance with all laws, with all necessary approvals and keeping the Event patrons, staff and facilities safe and secure.  The hirer must provide the owner with any required event management plan, risk assessment or safety or evacuation or other plan required by law for the Event.  The hirer acknowledges that the owner is not required to approve or give any advice or assistance to the hirer in connection with the preparation of the plans.
    • The hirer must, if the owner agrees to set up or install the equipment, promptly accurately set out or mark the Site, promptly make the Site fully accessible to the owner, promptly inform the owner of the nature and location of all relevant utilities, communications and facilities and reimburse the owner on request for any charges incurred by the owner for any consultants such as engineers or in respect of any application for a siting or other permit approval that the owner has agreed to submit.  The hirer must not interfere with or obstruct or allow interference or obstruction of the siting and installation of the equipment by the owner.  The hirer must not alter the siting of the equipment by the owner or alter the equipment in its state as erected by the owner.  The hirer must also not obstruct or alter the location of access and egress points and pathways without the prior written approval of the owner, except in an emergency and then only upon as much consultation as is possible with the owner.

7      Liability

7.1 To the full extent permitted by law and except to the extent arising from actions or omissions of the owner or from things beyond the reasonable control of the hirer, the hirer indemnifies the owner from all claims and demands on the owner arising out of the use or misuse of the equipment under the hire, including in respect of injuries to or deaths of persons and any damage to property.

7.2 To the full extent permitted by law the owner excludes any implied or imposed guarantee, term, condition, warranty, undertaking, inducement or representation in relation to this document (Provision).  To the extent to which the owner is not able to exclude a Provision (Non-Excludable Provision), and the owner is able to limit the hirer’s remedy for a breach of the Non-Excludable Provision, then the owner’s liability for breach of the Non-Excludable Provision is limited to (at the owner’s election):

  • in the case of goods, the repair or replacement of the goods or the supply of equivalent goods (or the payment of the cost of doing so); and
  • in the case of services, the supplying of the services again (or the payment of the cost of doing so).

7.3 Subject to the owner’s obligations under the Non-Excludable Provisions, the owner is not liable to the hirer or any third party for any indirect loss or consequential loss arising in connection with this document or its subject matter, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, breach of warranty or guarantee or otherwise and whether or not that loss was foreseeable, even if the owner has been advised of the possibility of such loss.

8       Loss, damage or breakdown of plant and equipment

          8.1      Subject only to the provisions for damage waiver in this document:

  • the hirer must return the equipment in the same state and condition as it was when the hirer takes possession except for fair wear and tear.
  • the hirer is liable for any damage caused or allowed to the equipment by the hirer and for the payment of the full replacement value of any equipment not returned to the owner.

8.2     If there is a breakdown or failure of the equipment the hirer shall notify the owner immediately for the appropriate action to be taken. 

9      Termination

9.1     Without prejudice to any other remedies the owner may have against the hirer and notwithstanding the period of hire specified in the contract, this hire agreement and any hire may be terminated by the owner as follows:

  • immediately and without giving prior notice if the owner reasonably considers there is an imminent risk of loss, material damage or disappearance of the equipment.
  • unless the owner agrees otherwise at the hirer’s request, upon giving the hirer 15 days’ notice of termination at any time during the period of hire.   If there is an agreed hire period with more than 15 days left to run at the date of the notice, then the notice is taken to expire at the end of that agreed hire period: or
  • immediately and without prior notice if the hirer has a winding-up petition presented against it, or is wound up, or has a receiver of any of its assets appointed, or it makes an assignment/compromise to the benefit of its creditors or if it is placed under administration or similar process of insolvency or restructuring, or if it ceases to carry on business.
    • The owner may terminate this agreement at any time if the hirer breaches the agreement and the breach cannot be, or is not, rectified within 10 days after the owner sends written notice to the hirer specifying the breach and requesting rectification.  The owner may also terminate this agreement if the hirer commits a material breach of it.
    • The owner may seek compensation from the hirer for a breach of this agreement including for loss of revenue whilst the equipment is not able to be hired to others (for example due to its damage or loss) and/or loss of rental that would have been earned had termination not occurred.  This does not limit the owner’s other rights at law.
    • If the hire agreement is terminated under this clause 9, the hirer must immediately pay all outstanding hire fees to the owner and must return the equipment to the owner. 

10 Title to equipment

10.1 The hirer acknowledges that the owner retains title to the equipment and that the hirer has rights to use the equipment as a mere bailee only. The hirer agrees that the hirer has no rights to pledge the owner’s credit in connection with the equipment. 

10.2 The hirer agrees not to 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 equipment and not to conceal or alter the goods or make any addition or alteration to, the equipment.

11 Repossession and remedies on default 

11.1 The owner may retake possession of the equipment if:

(i) the hire is terminated or becomes liable to be terminated by the owner; (ii) the hirer does not pay amounts owing to the owner when due.

11.2 In the case of repossession due to a breach of this agreement the hirer grants the owner permission to enter any premises where the equipment listed in the Schedule is situated to disconnect, decommission and/or remove that equipment.

11.3 In addition to the owner’s right to retake possession the owner may, following any termination of this agreement, sue for recovery of any damages or charges or loss suffered by the owner and/or to cancel any insurances effective in respect of the equipment hired.

12 Completion of the hire 

12.1 Return of the equipment must be by the date and time outlined in the Schedule or otherwise agreed by the owner.   The owner may agree a date for pick-up.

12.2 Where pick-up is agreed the owner will arrange to pick-up the equipment within a reasonable period after a request to do so and will issue the hirer with a pick-up number on request.  The hirer agrees to maintain the responsibility for the equipment whilst it is awaiting pick-up.

13 General 

13.1 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.

13.2 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.

13.3 This agreement is governed by the laws of the State or Territory where the agreement is made and each party submits to the exclusive jurisdiction of the Court of that State or Territory.

13.4 The owner will comply with the applicable privacy legislation in all dealings with hirers.  Information on our privacy policy is available on request.

13.5 If a party is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, pandemic, lockouts, fires riots, civil commotion or unrest, interference by civil or military authorities or act of war) the affected party may give written notice to that effect to the other, giving full particulars of such force majeure in which case the obligations of the affected party under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. If the force majeure continues for more than one month from the date of notice, then either party may terminate the hire.  Any agreed termination fee specifically provided for in this agreement remains payable but will in the case of cancellation of an Event due to force majeure be reduced to the amount that the owner reasonably determines covers its losses resulting from termination including costs and expenses already or unavoidably incurred but excluding loss of profit. 

13.6 Both the owner and the hirer agree that any disputes arising from the hire and use of the equipment (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 (Tel 02 9998 2255) before litigation is pursued.

14 PPS Law

14.1 This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (PPS Law).  References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest.   The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law.  The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees.

14.2 The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit.

14.3 To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner.   The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 

14.4 The hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law.   The hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply.   The agreement in this sub-clause is made solely for the purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause.

15 Security interests and sub-hire

15.1 The hirer must not create purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the equipment other than with the express written consent of the owner.

15.2 The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement.  The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion).

15.3 The hirer must ensure that the owner is provided at all times with up-to-date information about the sub hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub hire and the location and condition of the equipment.

15.4 The hirer must take all steps including registration under PPS Law as may be required to:

  • ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law.
  • enabling the hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and
  • enabling the owner and hirer to exercise their respective rights in connection with the security interest. 

15.5 The owner may recover from the hirer the cost of doing anything under this clause, including registration fees.

WARNINGS AND LEGAL NOTICES TO HIRER

The hirer agrees to check that the equipment has been received in good order and condition and ensure that the hirer makes its relevant personnel available to received instructions (which the owner or its nominee will give) on the operation of equipment in the Schedule and understand the safety procedures that are to be followed including the restrictions on other persons using the equipment.

The above terms and conditions must be read by the hirer before signing.

Fair Trading Act NSW – Information for consumers

To the extent permitted by law, our terms and conditions:

  • provide that you are liable for loss of or damage to equipment we hire to you.  If you obtain the benefit of damage waiver there are some circumstances where we agree to waive our rights.  However, there are cases where damage waiver will not apply. These cases are listed in our above terms and conditions in the clause about damage waiver.  Please read them carefully so you understand the limitations of damage waiver in these cases. 
  • indemnify us for claims including from injury and death arising in relation to the hired equipment unless caused by us or by something beyond your reasonable control.
  • allow us to terminate the hire on 15 days’ notice.  You may ask us to waive this right and we may agree to do so. There are also rights of suspension and termination when events beyond control prevent performance.
  • exclude all warranties and guarantees about the hire and the equipment unless we expressly give them, to the extent it is permitted under law for us to exclude liability that way.  
  • limit our liability for consumer guarantees to supplying the relevant goods or services again or the cost of doing do where it is permitted under law for us to limit liability that way.  
  • exclude our liability for indirect or consequential loss to the extent it is permitted under law for us to limit liability that way.

Our terms also permit us to provide, to a third party, data about you in a form that may enable the third party to identify you.  This includes reporting unreturned equipment to police and disclosures permitted by privacy law in accordance with our privacy policies.