CONDITIONS OF HIRE / PLANT & EQUIPMENT
1. The Owner of all equipment is Mutch Holdings Pty Ltd trading as Alderley Hire Service
ABN 45 752 539 518.
2. The Hirer is the person, firm or company shown on the hire contract, hiring from the Owner.
3. The Plant is all equipment, including tools, accessories and parts shown on the hire contract, supplied to the Hirer.
4. The Depot of Alderley Hire Service is located at 91 Pickering Street Alderley Qld.
5. Hire charges are based on time out, not time used. Equipment will be regarded as on hire until returned to the depot or until the owner is advised that the equipment is available for immediate collection (declared off-hire).
6. The hirer shall pay all hiring, fuel, oil, GST, stamp duty, repair, assembling, installing and any other costs, charges or fees paid or payable in regard to the hire of the equipment or administration of an outstanding account by the owner to the hirer.
7. Providing the Hirer notifies the Owner immediately of any plant breakdown, hiring charges will not be payable during the time the Plant is not working unless such condition is due to negligence or misuse on the part of the Hirer
8. The hirer agrees to pay for all goods lost, destroyed, stolen, damaged or not returned to the owner. In the event of the aforementioned, the hirer also agrees to pay hire charges until such items are returned or paid for at current replacement cost.
9. The hirer agrees to pay hiring charges set out in the owner s current rate schedule from the time of delivery/collection to the time of collection/return to the depot and to pay dismantling, cartage, cleaning and repair charges as determined by the owner. The cost of delivery and the first weeks hire are to be paid C.O.D. otherwise terms are net cash on presentation of invoice.
10. Equipment should be securely roped to vehicles to avoid loss or damage during transportation.
11. All equipment is serviced, tested, fuelled and lubricated upon delivery to the hirer. Subsequent servicing, fuelling and lubrication is the responsibility and cost of the hirer.
12. No warranty is given by the owner and no liability accepted in respect to the condition of the equipment hired or its fitness or suitability for any particular purpose.
13. The hirer shall assume sole responsibility for and indemnify and hold indemnified and save harmless the owner from any and all claims, liability, damages, expenses, judgments, responsibilities, suits, actions and/or loss of any nature whatsoever by reason of any claim, proceedings, damages, actions, demands, liability or injury howsoever arising whether directly or indirectly from the hirer s conduct, use, operations, transport, carriage and any actions of or in connection with the equipment hired or any section or part therof whether as a result of the owners or its servants or agents negligence or otherwise.
14. Minimum period of hire will be as specified or as agreed to by the owner. One day s hire will terminate 24 hours after hire commences and overtime will be charged at the scheduled hourly rate of 1/5th the daily rate.
15. Equipment on hire is not to be moved from the job address without the written consent of the owner.
16. The owner does not carry any insurance whatsoever on hire equipment. Insurance of all hired equipment is the responsibility of the hirer.
17. In the event of the hirer s default in payment of charges and/or return of equipment the owner and it s agents shall have the right to terminate the hire agreement and to enter the hirer s premises to recover the equipment. The hirer agrees to grant access to the owner s equipment when called upon to do so. The hirer further agrees to meet all costs borne by the owner in respect to the collection of outstanding hire charges that have deemed to be in arrears beyond 90 days from invoice date and final notice presented to the hirer.
18. Scaffolding, trestles, planks, ladders and mobile towers must be dismantled and all equipment should be left at an easily accessible position at completion of hire otherwise hire charges shall continue until such availability has been provided.
19. The hirer agrees to use and operate the equipment in accordance with all Government regulations and ordinances.
20. In the event of default of payment of outstanding hire charges and/or sales, all costs relating to the recovery of the amount outstanding are for the account of the hirer.