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(c) Hirequip 2012
Hirequip (Tas) Pty Ltd - Terms of Rental Agreement
1. Agreement 7. Liability

a) The Hirer agrees to rent the Equipment to the Customer for the Rental Period and the Customer agrees to pay the Rental Charges and any other applicable costs on the terms and conditions set out in this Agreement;

b) The Customer is entitled to use the Equipment for the Rental Period and for any agreed extension;

c) This agreement can include a credit application and Particulars of Rental Agreement/ purchase order which constitutes the entire agreement between the Hirer and the Customer.

a) To the extent permitted by law, the Hirer excludes all warranties, conditions, rights and remedies to which the Customer would otherwise be entitled; and

b) The Hirer’s liability for any loss or damage including consequential loss or loss of profit is limited to the amount of the Rental Charges owing under this Agreement.

2. Rental Charges 8. Termination

The cost to the Customer of hiring the Equipment will include the following charges:

a) Rental Charges including GST for the Rental Period;

b) Cost of transport from and return to Hirer’s depot, damage other than fair wear and tear;

c) Equipment operating costs;

d) Cost of consumables including fuels, oil and lubricants;

e) Any applicable duties, fees, penalties, fines, demands, charges or costs imposed by any authority on or in connection with this agreement or the Customer’s hiring of the Equipment;

f) Standby Rental Rate being 50% of the Daily Rental Charge;

g) Costs and expenses reasonably incurred by the Hirer in enforcing this Agreement; and

h) Interest of 8% per annum compounded monthly on any Rental Charge not paid within 14 days of the date of invoice.

i) All costs associated in recovering overdue accounts and collection costs.

j) 2% surcharge will apply on credit card transactions.

a) This Agreement will terminate upon the expiration of the Rental Period or when the Hirer recovers possession of the Equipment whichever is the earlier;

b) If the Customer breaches any term or condition of this Agreement or is unable to pay his or her debts when they fall due, the Hirer, in it’s absolute discretion, may terminate the Agreement and recover possession of the Equipment; and

c) To give effect to the preceding sub-clause and sections 123 and 128 of PPSA, the Customer hereby irrevocably appoints the Hirer as its agent and authorises and licenses the Hirer to enter the Customer’s premises for the purpose of repossessing the Equipment.

3. Customer's Warranties 9. Insurance

The Customer warrants that:

a) The particulars provided to the Hirer are correct in every respect and are not misleading in anyway including, without limitation, by omission;

b) The Customer holds all appropriate permits and licences and is competent to drive or operate the Equipment;

c) In selecting the Equipment, the Customer has not relied on the Hirer’s skill and judgement or on any representations made by or on behalf of the Hirer and agrees that the Equipment complies with their description, are in merchantable condition and is fit for the Customer’s purpose;

d) The Customer will use the Equipment in the manner and basis for the proper purposes which the Equipment was designed to be used.

The Customer must, at his or her own costs, take out and maintain for the term of this Agreement:

a) Indemnity insurance cover of not less than the full replacement value of the Equipment; and

b) Third party and public liability cover of not less than $20 million.

c) Customer needs to provide proof of own insurance cover to the Hirer when requested to do so and if no insurance a $3,000.00 excess (and any under 21 year old age excess in addition) will be charged to the Customer on any claim by the Hirer on their insurance.

4. Customer's Obligations 10. Indemnity and Release

The Customer will:

a) Keep the Equipment in first class condition and only use it as it would be used by a careful and prudent owner;

b) Not use the Equipment for any illegal purpose;

c) Report any damage, breakdown or mechanical issue to, or loss of, the Equipment to the Hirer immediately such damage or loss occurs and never attempt repair;

d) Allow the Hirer, its agents or financiers access to the Equipment at reasonable notice to inspect or maintain and service the Equipment; and

e) Be liable for any breach of this agreement committed by the Customer’s servants or agents.

The Customer will release, hold harmless and indemnify the Hirer from and against all liabilities, claims, damages, losses, costs and expenses of whatever nature, howsoever occurring which may accrue against or be suffered by the Hirer arising out of or in any way connected with the hiring of the Equipment unless caused by the wilful misconduct of the Hirer or the Hirer’s servants or agents acting within the scope of their employment.

5. Title to Equipment 11. Definitions

a) The Customer acknowledges that the Hirer retains title to the Equipment and that the Customer has rights to possess the goods as a mere bailee only;

b) The Customer does not have any right to pledge the Hirer’s credit in connection with the Equipment and agrees not to do so; and

c) The Customer also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire (including registration under the PPSA) or otherwise part with or attempt to part with the personal possession of the Equipment or otherwise deal with the Equipment and not to conceal or alter the Equipment in any way or make any addition or alteration to, or repair of, the Equipment.

"Agreement" means the Particulars of Rental Agreement, the Rental Terms and, if applicable, the Rental Account Application form;

"Customer" means, unless agreed otherwise by the Hirer, the person who signs this Agreement;

"Date Out" means the date upon which the Equipment is taken into possession by the Customer as noted.

"Equipment" means the equipment hired by the Customer and as identified in the Particulars of Rental Agreement;

"GST" means the goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 (GST Act) or any amendment or replacement Act.

"Off-Rent Date" means the date upon which the Customer notifies Hirer that the Customer no longer requires the Equipment or the Equipment is returned to the Hirer whichever is the later;

"PPSA" means the Personal Property Securities Act 2009.

"Rental Charges" means those charges identified in the Particulars of Rental Agreement and the charges referred to in clause 2 of the Rental Terms;

"Rental Period" means the period from the Date Out to the Off-Rent Date;

"Standby Rate" means 50% of the Rental Charge and will apply at the absolute discretion of the Hirer.

6. Personal Property Securities  

a) The parties agree that this Agreement could constitute a ‘security agreement’ as defined in the PPSA and that the Hirer is able to register the agreement at its discretion under the PPSA and the Customer will do all things necessary to enable the Hirer to fulfil the registration..

b) The Customer will waive its rights under the PPSA in relation to receipt of any notices and statements under the PPSA.

c) The Customer will never allow a security interest to be registered in a third party’s name in respect to the Equipment.