TERMS & CONDITIONS OF HIRE
a) REQUIP PTY LTD trading as RAEV ENGINEERING AGENCIES shall hereinafter be referred to as “The Company” and includes its successors, administrators and assigns.
b) “Contractor” is the Company, Firm, Person, Corporation, or Public Authority taking The Company’s plant on hire and includes their successors, administrators and permitted assigns.
c) “Plant” means all classes of plant, machinery, equipment and accessories or other goods that The Company agrees to hire the Contractor.
d) The “hire” period shall commence from the time when the plant leaves the nominated depot and shall continue until returned to the nominated depot unless specifically agreed.
e) “Nominated depot” means any yard or premises owned, leased or used by The Company from time to time.
2. EXTENT OF CONTRACT
a) The signing of this agreement by the Contractor with The Company shall be deemed to constitute agreement between the Contactor and The Company on the terms and conditions hereinafter appearing which terms and conditions shall contain the whole of the agreement between the Contractor and The Company and no variation of the terms hereof shall be binding or enforceable against The Company unless in writing and with the written confirmation by a person authorized by The Company’s management to give such written confirmation and no other employee of The Company; nor any delivery driver under contract to The Company nor any other persons have any authority to alter any of these conditions. The Contractor, by the execution of this agreement taking precedence over all other documents and paper writing including the Contractor’s order form, and not withstanding that such other documents purport that they shall take precedence.
3. ACCEPTANCE OF PLANT
a) Acceptance of the plant on site implies acceptance of all terms and conditions herein and plant being in good working condition and order unless otherwise agreed in writing.
4. UNLOADING AND LOADING
a) The Contractor shall be responsible for unloading and loading the plant at site.
5. NOT TO BE TOWED
a) The Contractor acknowledges that the plant may not be registered to be towed upon any public road. It is agreed that the Contractor in no circumstances will tow the plant on any road without the following first having taken place:
i. The Company’s permission in writing has been had and obtained.
ii. All necessary permits have been obtained and statutes complied with at the Contractor’s expense. iii. Insurance cover in terms of clause 13 has been obtained.
6. DELIVERY IN GOOD ORDER AND MAINTENANCE INSPECTION REPORTS
a) Unless notification in writing to the contrary is received by The Company from the Contractor in the case of plant supplied within 24 hours of the plant being delivered to the site, the plant shall be deemed to be in good order, save for either an inherent fault or a fault not ascertainable by reasonable examination. The Contractor shall be responsible for its safekeeping, use in a workman like manner within the Manufacturer’s rated capacity and return on the completion of the hire in equal order (fair wear and tear excepted.
b) The Contractor shall when hiring plant take all reasonable steps to keep acquainted with the state and condition of the plant. If such plant were continued at work or in use in an unsafe and unsatisfactory state, the Contractor shall be solely responsible for any damage, loss or accidents whether directly or indirectly arising there from.
c) The current inspection report required under the relevant legislation or a copy thereof, shall be supplied by The Company if requested by the Contractor, and returned on completion of hire.
7. DELIVERY OF PLANT
a) The Company shall use its best efforts to deliver the plant to the Contractor upon the date specified for the commencement of the hiring of the plant PROVIDED HOWEVER The Company shall be under no liability whatsoever for any delay in the delivery of the plant.
b) Dispatch from The Company’s premises shall constitute delivery of the goods to the customer’s possession. Upon each dispatch the customer as bailee accepts responsibility for the safety and maintenance of the goods and takes the risk of any loss or injury thereto however caused.
8. SERVICING AND INSPECTION
a) The Contractor shall at all reasonable times allow The Company, his Agents or his insurers to have access to the plant to inspect, test, adjust, repair or replace the same. So far as reasonably possible, where possible such work will be carried out at times to suit the convenience of the Contractor.
9. BREAKDOWN, REPAIRS AND ADJUSTMENT
a) When the plant is hired without The Company’s operator, any breakdown or the unsatisfactory working of any part of the plant must be notified immediately to The Company. Any claim for breakdown time will only be considered from the time and date of notification.
b) Full allowance in the form of stand-down from hire will be made to the Contractor for any stoppage due to breakdown of plant caused by the development of either an inherent fault not ascertainable by reasonable examination or fair wear and tear and for all stoppages for normal running repairs in accordance with the terms of the contract.
c) The Contractor shall not, except for simple minor repairs such as punctures, repair the plant without the written authority of The Company. Punctures and like repairs shall be repaired by and at the expense of the Contractor. The Company will pay a reasonable charge to the Contractor where repairs have been authorised.
d) The Contractor shall be responsible for all expenses loss and damage incurred by The Company arising from any breakdown due to the Contractor’s negligence, misdirection or misuse of the plant, whether by the Contractor or his servants or agents, and for the payment of the hire during such breakdown periods.
e) The Contractor accepts responsibility for all call-out service provided during hire pending the period eg, to change meshes or repair damage to the machine etc.
10. OTHER STOPPAGES
a) No Claims will be admitted (other than those allowed for under ‘Breakdown’ as herein provided) for stoppages through causes outside The Company’s control including bad weather or ground conditions. The Contractor shall be completely responsible for the cost of recovering plant from either soft ground or ‘dig out’ conditions, including loss of hire.
11. LOSS OF USE OF OTHER PLANT DUE TO BREAKDOWN
a) Each item of plant specified in this agreement is hired as a separate unit and the breakdown or stoppage of one or more units (whether the property of The Company or otherwise) through any cause whatsoever shall not entitle the Contractor to compensation or allowance for the loss of working time by any other unit or units of plant working in conjunction therewith or associated labour costs. Where two or more units of plant are hired together as a unit, such items shall be deemed one unit if working in conjunction for the purposes of a breakdown.
12. CONTRACTORS RESPONSIBILITY FOR LOSS OR DAMAGE
a) During the continuance of the hire period the Contractor shall make good to The Company all loss or damage to the plant from whatever cause the same may arise, fair wear and tear excepted, and shall also fully and completely indemnify The Company in respect of all claims by any person whatsoever for injury to person or property caused by or in conjunction with or arising out of the use of plant and in respect of all charges and costs in conjunction therewith whether arising under statute or common law. In the event of loss or damage to the plant, hire charges shall continue until the plant has been repaired or until equivalent replacement plant have been acquired by The Company. Such hire charges shall in addition continue until the Contractor has made full settlement to The Company for such cost expenses damages and costs of hire.
b) It is the Contractors responsibility to ensure that all plant is adequately secured and erected in a non- hazardous manner and that sufficient guards are in place and correctly maintained to legal standards.
a) The Contractor shall take out a policy of insurance to indemnify it for any liabilities pursuant to paragraph 12. Additionally, should The Company agree in terms of clause 5 hereof to allow the Contractor to tow the plant on public road, the Contractor will obtain a policy of public liability insurance to indemnify himself against all claims which may arise as a result of such towing.
14. NOTICE OF ACCIDENTS
a) If the plant is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to The Company by telephone, and confirmation with full details in writing (sent via facsimile or email) to The Company’s head office.
15. REHIRING, ETC
a) The plant or any part thereof, shall not be re-hired, sub-let or lent to any third party without the written permission of The Company.
16. CHANGE OF SITE
a) The plant shall not be moved from the site to which it was delivered or consigned without the written authority of The Company.
17. RETURN OF PLANT FOR REPAIRS
a) If during the hire period The Company decides that urgent repairs to the plant are necessary, it may arrange for such repairs to be carried out on site or at any other location of its nomination, in that event The Company shall
replace the plant with similar plant if reasonably available from The Company’s normal resources. If similar plant is unavailable The Company shall be entitled to determine the contract terminated by giving written notice to the Contractor. If such determination occurs:
i. Within 4 weeks from the commencement of hire, The Company shall pay return transport charges involved, provided such repairs are not necessary as a result of neglect or misuse by the Contractor and that the original estimated hire period was not less than 4 weeks duration, in which case the Contractor shall be responsible for such transport costs.
ii. After 4 weeks, the Contractor is liable for returning costs.
18. BASIS OF CHARGING
a) Unless otherwise specifically agreed in writing from The Company the basis for charging hire will be as follows:
i. Weekly hire rates are for minimum period of one (1) week from the day of commencement of the hire period but not including the same day in the following week and shall apply with the number of hours the plant is operated in any one week does not exceed fifty (50) hours.
ii. Daily hire rates are for consecutive period of twenty-four (24) hours or less in which the number of hours the plant is operated shall not exceed ten (10) hours.
iii. Overtime Charges. Where the plant is operated in excess of the above stated hourly maximums such excess shall be charged at: 1/50th of the weekly rate for each hour in excess of 50 worked in any one weekly period; 1/10th of the daily rate for each hour worked in excess of 10 hours in any one day.
iv. After a weekly hire period has expired, the hire payable for a fraction of any succeeding week shall be the proportion of part of the applicable rental rate according to the number of calendar days in such fraction.
v. No reduction in the hire rate will apply because the Contractor returns the plant to The Company before the expiration of any agreed hire period.
vi The Contractor shall render to The Company for each working day an accurate statement of the number of hours the plant has worked each day.
vii. Erection and dismantling of plant (if required) shall be charged at The Company’s standard service call rates unless otherwise agreed in writing.
viii. Claims will not be allowed by The Company for any “stand downs” or “off-hires” unless the Contractor can produce The Company’s written agreement.
ix. The basis for charging varied in writing by The Company.
x. GST and other government charges will be payable by the Contractor at the current rate, as promulgated by the authorities on top of the agreed rate for the plant hire.
xi. If circumstances or conditions change during the period of hire The Company reserve the right to review and change the hire rate.
a) All hire charges hereunder are payable in advance for the estimated duration of hire unless specifically agree to the contrary in writing by The Company. Should the period of hire be extended the Contractor will forthwith pay in advance the hire charge for the additional period. Any monies due from the Contractor to The Company will be paid forthwith on the hire being determined.
b) Tax invoices are issued weekly and are payable with 7 days from date of issue unless otherwise agreed in writing.
c) All monies due from the Contractor to The Company will be paid forthwith on the hire being determined.
d) If payment for hire charges and/or consumables or repairs is not made in accordance with clause 19 the Contractor will be liable to conditions below in clause 19.1.
19.1 LATE PAYMENT
a) It is also a specific condition on which The Company hires equipment to the Contractor; that in the event of late payment, The Company will, in addition to any other charges, be entitled:
i. To charge for the plant at the full usual or casual hire rate for the entire period the plant has been absent from depot on transport or in the control of the Contractor including any “stand down” granted (formally or informally) during that period. Any such “stand-downs” will become null and void and the full usual or casual hire rate will be due for such periods.
ii. It is also agreed The Company shall be entitled to charge interest at the rate of three and one half percentum (3.5%) per month or in the event of the ‘headline commercial rate’ (Commonwealth Bank) being in excess of this amount, two percent above the current headline rate for all outstanding monies plus account keeping fees and charge for any reasonable cost or recovering such monies.
iii. This sub clause only relates to a circumstance where a Contractor has not and is unwilling or unable to pay for the agreed hire of equipment within the agreed terms of payment.
iv. This clause cannot be waived in whole or part – it is an essential element to The Company agreeing to hire any equipment.
a) The Contractor hereby agrees to comply with all maintenance requirements of the plant and keep the equipment well maintained.
a) Where all-in-rates are charged by agreement the minimum period shall be as defined in the contract and in accordance with the contract rates and terms contained therein subject to the provisions of this agreement.
22. COMPANY’S LIABILITY
a) To the extent to which the law permits, all terms herein set forth are in lieu of and exclude all other conditions, guarantees or warranties expressed or implied, statutory or otherwise.
b) In no event will The Company be liable for any loss, injury or damage howsoever arising to any persons or property and shall not on any account be liable:
i. In respect of consequential loss or damage to any person or property arising out of alleged defects breakdowns, failures or the use to which the plant is put.
ii. In relation to demolition or re-construction of any structure or improvements into which the product of the plant is put.
23. FUEL, OIL AND GREASE
a) The Contractor shall supply all fuel and lubricants necessary to operate the plant in accordance with the manufacturer’s specification and at his own expense shall carry out or cause to be carried out daily routine checking procedures and shall ensure”
i. that the supplies of lubricants are maintained at the current levels.
ii. that all rubber products are protected from ripping, scoring, tearing or other damage by an object, or by improper use.
iii. that all controls are functioning properly.
iv. that the equipment is kept in a clean and tidy condition at all times.
v. that the equipment is not defaced in any way.
a) The Contractor is responsible for replacement or consumable parts including Screen Meshes, Speedharps, Shredder Blades, Wear Rubber, Manganese and any other wear parts etc. At completion of hire, a condition report will be undertaken by The Company and a bill will be presented for payment by the Contractor for any and all wear parts or percentage of any and all wear parts consumed.
Note: Any damage caused to the equipment through lack of maintenance or insufficient changes of wear parts will be charged for as damage to plant. It is the Contractor’s responsibility to ensure the timely ordering of Consumables for fitting to equipment in a timely manner.
25. NAME PLATE
a) The Contractor shall not remove, deface or cover-up The Company’s nameplate or mark on the plant indicating it is his property.
a) The Contractor shall arrange all transport of The Company’s plant and pay costs directly to the transport company. If The Company agrees to arrange transport on behalf of the Contractor and makes payment for same, the Contractor agrees to pay The Company the total inward cost and estimate removal cost in its first invoice.
27. SETTING UP EQUIPMENT
a) The Contractor agrees to pay all travel costs and set up costs of the equipment. Hourly rate for set up personnel is $97.50/hr + GST per man unless site conditions require a gazetted hourly rate at a greater rate. Travel if by vehicle will be hourly rate plus $1.40/km + GST each way plus any accommodation and meals at gazetted ATO rates.
28. GOVERNMENT REGULATIONS
a) The Contractor will be responsible for compliance with relevant regulations issued by the State or Commonwealth Government or Local Government Authorities and pay all Government Stamp Duty on hire.
29. PROTECTION OF COMPANY’S RIGHTS
a) The Contractor shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the plant and shall protect the same against distress, execution or seizure, and shall indemnify The Company against all losses, damages, costs, charges and expenses arising directly or indirectly by any failure to observe and perform this condition, except in the event of Government requisition.
b) If the Contractor makes default in punctual payment of sums due to The Company for contract of plant of other charges, or shall fail to observe and perform the terms and conditions of this contract, or if the Contractor shall suffer any distress or execution to be levied against him, or make any arrangement with his creditors or being a Company shall go into liquidation (other than a member’s voluntary liquidation) or shall do or shall cause to be done or permit to suffer any act or thing whereby The Company’s rights in the plant may be prejudiced or put into jeopardy, this Agreement at the sole discretion of The Company; shall forthwith be terminated (without any
notice) and it shall thereupon be lawful for The Company to retake possession of the plant and for that purpose enter into or upon any premises where the same may be and the determination of the contracting under this condition shall not affect the right of The Company to recover from the Contractor any monies due to The Company under the Contract or damage for breach thereof.
a) Nothing herein contained shall prevent The Company from charging, assigning, pledging, mortgaging, transferring or otherwise disposing of, in whole or in part, and its rights hereunder. The Contractor may not, as to such assignee, terminate this agreement or subject its obligations to pay money under this agreement to any diminution or right of set-money under this agreement to any diminution or right of set-off.
a) In no case will property in any goods supplied pursuant to this contract pass to the Contractor.
32. NO WARRANTY AS TO SUITABILITY
a) The Contractor is responsible for the plant being suitable for the purpose for which it is contracted, including production, rates, quality of products and gradings. All statements as to out-put, power or capacity and all drawings, catalogues or specifications or documents issued by The Company shall not be regarded as forming part of this agreement unless specifically stated and guaranteed in writing.
b) The Contractor warrants that prior to signing hereof he was satisfied by means other than information given by or received from The Company as to the quality and fitness of the goods described in this agreement.
33. RETURN AND CLEANLINESS
a) The Contractor is responsible for ensuring that the plant is accessible for collection on termination of hire. Any digging-out, cleaning of hoppers, belting etc., is the responsibility of the Contractor. If The Company has to carry out any of the foregoing, the Contractor agrees to pay all associated costs in full. Any and all cleaning required will be charged for at a minimum labour rate of $97.50/hr + GST.
34. DAMAGE TO PLANT
a) Without limiting the generality of the above, the Contractor accepts responsibility for any damage to the equipment during the hire period with special reference to: Hopper, Conveyor Belts, Wheels, Tyres, Punctures, Guards, Main-Frames, Screenbox Bearings, Engine, Tracks, Bearings, Lights, Controls, Electrics and Hydraulics and including damage caused by improper use such as loose fitting screens and untimely attention to small problems.
a) The Contractor is to ensure that he, his employees and others he authorises to operate the equipment do so in a safe manner and in accordance with the manufacturer’s requirements – specifically but not limited to operating the plant with all guards intact and ensuring that all maintenance is carried out without the equipment running.
b) This agreement is deemed to be made at The Company’s registered office and any breach of this agreement, including a failure to pay monies hereunder by the Contractor to The Company, shall at The Company’s option, be deemed to be a breach occurring at The Company’s registered office.
c) Paragraph headings are inserted for convenience only and are deemed not to form part of this agreement.
d) All quotations issued by The Company to a Contractor are subject to these terms and conditions of hire.
e) The Company reserves the right to vary rescind quotations at any time prior to the Contractor placing an order the subject of such quotations.
f) The Contractor acknowledges that the plant appearing on the face hereof includes all the plant it requires and upon which it has requested The Company to quote.
g) Where this agreement is signed by an agent of the Contractor, the agent warrants to The Company that he is duly authorised by the Contractor to do so on his behalf.
h) The parties agree that these terms and conditions will apply to all subsequent hiring’s of plant by the Contractor from The Company unless specifically varied in writing by the execution of a later agreement.
i) This agreement is governed in all aspects by the Law of Queensland and the Contractor submits to the jurisdiction of the courts of Queensland.
j) All notices required to be served hereunder shall be served in accordance with the provisions of Section 257 of The Property Law Act 1974 (Qld)