Terms And Conditions Of Hire  

1.        The hiring rate stated overleaf is based upon the plant being used for an eight hour period on each day.

2.        If the plant is used outside of the under (1) above, the hiring rate shall be:

a.        For excess use of an eight hour period each day, extra shift’s of hours worked are charged at 50% of normal daily rate per shift.

b.        For either a Saturday, Sunday or Public Holiday, hire will be charged at the normal daily rate.                                                                                                                 

3.        Hiring charges commence from the time the plant is collected to the time it is returned to the premises by the hirer. In the event the hirer

          requests delivery & collection the hire commences when the plant leaves the premises to the time the hirer notifies the owner the plant is ready

          for collection, provided sufficient notice is given so the plant is returned to the premises no later than 8.00am of the following morning.

          Notwithstanding the foregoing it is expressly agreed that the onus rests with the hirer to ensure the plant is returned to or collected by the owner.

4.        Minimum hire shall be 1 day, any hirer failing to return the plant to the owner’s premises after the 24 hrs will be charged an additional ½ day rate

           up to 4 hrs late or an additional 1 day if returned from 4 – 24 hrs late and for each day there after.

5.        Providing the hirer notifies the hire controller of the owner within 24 hours of a break-down occurring, hire charges calculated on an hourly basis

           will not be payable for the time during which the plant is unserviceable unless such unserviceability is due to the failure by the hirer, his servants

           or agents to use the plant in a skilful and proper manner or to maintain the plant in good and substantial repair and condition (reasonable 

           wear and tear excepted).

6.        The owner shall be responsible for all repairs and replacements required to the plant which arise from reasonable wear and tear, provided that

          such repairs and replacements shall be at the cost of the hirer if in the opinion of the owner, they are caused by the failure of the hirer, his

          servants or agents to use the plant in a skilful and proper manner or to maintain the plant in good repair and condition.

7.        The owner may affix on the said plant or any part thereof such plates or other marks indicating that the said plant is the property of the owner. 

8.        The Hirer shall:

a.        Ensure persons who operate the plant do so safely and in accordance with all laws only for its intended use and in accordance with

           manufacturers instructions.

b.        Ensure persons operating the plant are trained, qualified and hold a current licence to operate the plant.

c.        No persons operating the plant should be under the influence of drugs or alcohol.

d.        At their own expense keep the plant in good and substantial repair and condition, shall supply fuel, oil, grease and other materials necessary for

           operation, service and maintenance of the plant.

e.        In the event of plant breakdown you must immediately stop using the plant and notify us. Do not attempt to repair the plant without our written

           consent.

f.         Keep the owner indemnified against all loss of or damage to the plant arising from any cause whatsoever (including causes beyond the control

           of the hirer) occurring after the hirer takes possession of the plant and before the plant is returned to the owner.

g.        Make payment for hiring charges C.O.D. For approved credit account customers strictly net cash thirty (30) days basis.

h.        Shall make plant available for collection without any obstruction at the end of the hire, and will pay any additional costs of collection as a result 

           of any obstruction to the collection and any additional hire charges for the additional time taken to collect the plant. Ensure the plant is kept

           safe and secure and locked when not in use & prior to collection.

i.         Return the plant in the same clean condition and good working order it was when you received it, ordinary fair wear and tear excluded. If

           equipment not cleaned a cleaning charge will be applied.

9.      The hire contract may not be transferred to any other party. The plant may not be removed from the State without written consent from the

         owner.

10.    The Hirer shall be responsible for loss or damage to the Plant from any cause whatsoever apart from fair wear and tear unless the Hirer agrees,

         at the  me of hire, to take out the insurance op on and pays the appropriate fee. Should the Hirer take the insurance op on as described herein

         then the Hirer shall be subject to the terms and conditions on request. In the event of a claim being made under

         this insurance the hirer is responsible for the payment of the policy excess applicable at the me. Hire Charges will continue until the Plant is

         repaired to the owners satisfaction or the claim is settled in some other way

11.    The hirer acknowledges that “Statewide Hire Pty Ltd” own the plant. We retain title to the plant (even if you go into liquidation or become bankrupt

        during the hire period). Your rights to use the plant are as a bailee only. In no circumstances will the plant be deemed to be a fixture. 

12.    PPSA: You consent to us affecting and maintaining a registration on the register in relation to any security interest contemplated or constituted

         by this hire agreement in the equipment and the proceeds arising in respect of any dealing in the equipment and you agree to sign any

         documents and provide all assistance and information to us required to facilitate the registration and maintenance of any security interest. We

         may at any time register a financing statement or financing change statement in respect of a security interest. You waive the right to receive

         notice of a verification statement in relation to any registration on the register of a security interest in respect of the equipment.

13.     The hirer remains responsible for any loss or damage of the equipment caused by the following:

a.       theft.

b.       from the hirer’s negligence, misuse or inadequate housing or securing of the plant,

c.       failing to check oils, lubricants, and safety devices prior to use, 

d.       Damage or Loss of the plant from any cause

e.       When the plant is located or transported over water or on wharves or bridges.

f.        Objects falling onto the plant.

g.       Damage caused by vandalism, graffiti, paint, plaster or coatings.

h.       Damage to electrical equipment tools due to unsuitable electric leads or by leads being to long.

i.        Damage by collision or accident.

14.     If the plant has broken down or has become unsafe to use as a result of your negligence, or if the plant has been lost, stolen or damaged beyond

          fair wear and tear during the hire period, the hirer will be liable for any costs incurred by us to recover and repair or replace the plant and the hire

          charges for that portion of the hire period during which the equipment is being recovered, repaired or replaced.

15.     Notwithstanding the period of hire mentioned overleaf, this agreement may be determined at will by the owner. If the hirer shall commit an act of

          bankruptcy or be made bankrupt, or go into voluntary liquidation or commit any breach of this agreement, the owner shall thereupon

          immediately be entitled to determine the agreement without notice and/or take possession of the plant hired for which purpose the hirer

          irrevocably licenses the owner and its agent to enter any land or premises of the hirer or under his control. Upon the owner taking possession of

          the plant this agreement shall be at an end except that each party shall be liable for any prior breach thereof.

16.     If the hirer or authorised person of the hirer does not hold a 30 day credit account, all monies owing at the completion of the hire is due within 7

         days of the final invoice.

17.     It is a term of the provision of these services that the hirer shall be liable for all debt collection fees, including GST and charges including but not

         limited to agents fees, solicitors costs and disbursements and interest at the rate of 5% per month from the due date together with hire charges

         due and accumulating until plant is returned to the depot.

18.    The hire period is for an indefinite term and ends when the plant is back in our “the owners” custody and possession.