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BACKGROUND
(A) The Owner is the proprietor of the equipment listed in the Schedule to this Agreement (“Equipment”).
(B) The Hirer agrees to hire the Equipment from the Owner under the terms and conditions set out in this Agreement.
1. Hire of Equipment
(a) The hire will commence on the start date specified in the Schedule and continue for the hire term specified.
(b) The Hirer is entitled to use the Equipment only during the hire period outlined in the Schedule (“Hire Period”), including any agreed extensions.
(c) The Hirer must return the Equipment to the Owner’s address on or before the end of the Hire Period.
(d) No refunds will be provided if the Hirer returns the Equipment prior to the end of the Hire Period, for any reason.
2. Payment for Rental
(a) The Hirer agrees to pay the Owner the hire fee (“Hire Fee”) as outlined in the Schedule, including any applicable GST.
(b) The Hire Fee must be paid prior to or on the commencement date of the Hire Period.
3. Use, Operation, and Maintenance
(a) The Hirer acknowledges that the use of the Equipment involves risks and agrees to assume all such risks.
(b) The Equipment must only be operated by competent, trained, and licensed personnel in accordance with the manufacturer’s instructions.
(c) The Equipment must only be used for its intended purpose.
(d) The Hirer must comply with all occupational health and safety laws relating to the Equipment’s use.
(e) The Equipment must be returned clean; any cleaning costs required will be charged to the Hirer.
(f) The Hirer must not alter or modify the Equipment without the Owner’s written consent.
(g) The Hirer must maintain the Equipment in good working order and condition, allowing for normal wear and tear.
(h) The Hirer is fully responsible for any loss or damage to the Equipment and must notify the Owner in writing of any such occurrences.
(i) The Owner reserves the right to inspect, test, and verify the condition and use of the Equipment with reasonable notice.
4. Hirer’s Warranties
The Hirer warrants that:
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The Equipment will be used in accordance with this Agreement;
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All details provided in the Schedule are true and accurate;
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The Hirer holds a valid licence or permit required to operate the Equipment;
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The Equipment will not be used illegally or for improper purposes;
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The Hirer’s vehicle is suitable for transporting or towing the Equipment (if applicable);
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The Equipment will not be modified or encumbered in any way; and
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The Equipment is deemed fit for the Hirer’s intended purpose upon receipt.
5. Taxes
The Hirer is responsible for all taxes, fees, and charges associated with the hire and use of the Equipment, including penalties or interest for late payment. The Owner may pay such costs on behalf of the Hirer, and the Hirer must reimburse the Owner upon notification.
6. Indemnity and Risk
6.1 Goods Used at Hirer’s Risk
The Hirer uses the Equipment entirely at their own risk and releases the Owner from all liability for loss, damage, or injury arising from the Equipment’s use, operation, or malfunction.
6.2 Indemnity
The Hirer indemnifies the Owner against all claims, costs, damages, or liabilities arising from the Hirer’s use or possession of the Equipment, except where caused by the Owner’s direct negligence.
6.3 Survival
These indemnities survive the termination or expiry of this Agreement.
7. Loss, Damage, or Breakdown
The Hirer is responsible for all loss or damage (excluding normal wear and tear) during the Hire Period.
If the Equipment breaks down, the Hirer must immediately return it to the Owner and must not attempt to repair it.
8. Insurance
(a) The Owner will maintain insurance coverage for the Equipment’s insurable value.
(b) The Hirer must maintain public liability insurance for not less than $20,000,000 (or as reasonably required by the Owner).
9. Exclusion of Liability
(a) The Owner provides no warranties or representations beyond those required by law.
(b) The Hirer assumes all risks and liabilities for injury, death, or property damage resulting from use of the Equipment.
(c) To the maximum extent permitted by law, the Owner is not liable for any indirect, consequential, or financial loss suffered by the Hirer.
10. Title
(a) The Equipment remains the property of the Owner at all times.
(b) The Hirer has no right to sell, transfer, lease, pledge, or otherwise dispose of the Equipment.
(c) The Hirer consents to the Owner registering its interest on the Personal Property Securities Register (PPSR).
11. Repossession
The Owner may repossess the Equipment without notice if the Hirer breaches this Agreement.
Hire fees will only be charged up to the time of repossession.
12. Completion of Hire
The Hire Period ends once the Equipment is returned in its original condition (allowing for normal wear and tear) and by the agreed date and time.
13. Default
An event of default occurs if:
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The Hirer fails to pay any amount due;
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The Hirer becomes insolvent or bankrupt; or
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The Equipment is seized or encumbered and not released within 10 days.
14. Remedies
If a default occurs, the Owner may:
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Declare all amounts immediately due and payable;
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Repossess the Equipment without notice;
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Terminate this Agreement; or
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Pursue any other remedy available under law.
15. Non-Merger
All obligations and indemnities survive termination or expiry of this Agreement.
16. Severance
If any part of this Agreement is found invalid or unenforceable, the remaining provisions continue in full force.
17. Governing Law
This Agreement is governed by the laws of Queensland, and both parties submit to the jurisdiction of the courts of Queensland.
18. Interpretation
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Words in the singular include the plural and vice versa.
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References to persons include corporations and vice versa.
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Headings are for convenience only and do not affect interpretation.
