HIRE TERMS & CONDITIONS (COMMERCIAL)
Chain of Responsibility means the Heavy Vehicle National Law Act as enacted in any Australian State, the Road Traffic (Administration) Act 2008 (WA) and the Road Traffic (Vehicles) Act 2012 (WA) and any other state, territory or Commonwealth legislation dealing with the obligations of parties involved in road transport activities such as consignors, transport operators, loaders, drivers and schedulers.
Credit Application means our formal Credit Application for the provision of Our Equipment on rental hire on account.
Credit Approved means you have properly completed a Credit Application that we have approved in writing.
Damage Waiver Amount means an additional 12.5% of the Hire Fee total that you elect to pay, being the consideration for our agreement to limit your liability for physical loss or damage to Our Equipment in certain circumstances. It is agreed that this is no insurance.
Equipment means the buildings, machinery, plant and equipment listed in the Rental Agreement including parts, tools or accessories.
Rental Agreement means these Conditions of Hire, the Particulars to Rental Agreement relating to the Equipment being hired and includes any Credit Application, Guarantee & Indemnity, Hire Delivery Docket, Annexure, special terms or other documentation attached to the any of the documents just mentioned.
Vehicle means Equipment that is a truck, utility or trailer including accessories but does not include Equipment like a scissor lift or bobcat.
We/Us/Our means EzyQuip Hire Pty Ltd ABN 39 129 600 308, the owner of the Equipment.
You/Your means the person/s, partnership, trustee of a trust, company or entity (including agents, employees or contractors) hiring Our Equipment, as listed in the Rental Agreement or Credit Application.
Hire of Our Equipment
2.1 You are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions and the quotation provided by Us if You place an order for or accept supply of the Equipment irrespective of whether, the quotation, and invoice or these terms and conditions are signed by You
2.2 The hire of the Equipment will commence from the start date specified in the Rental Agreement and continue until the Equipment is back in Our possession and control and fit for the purpose of hire again and includes all weekends and public holidays during that period (the Hire Period).
2.3 You are entitled to use the Equipment for the Hire Period. 2.3 Any extension of the Hire Period must be requested by you and be agreed to by Us. We may issue and you must sign any new Particulars to Rental Agreement to confirm the terms applicable to the extended Hire Period, and the Rental Agreement will otherwise continue to apply to the extended Period.
2.4 A minimum Hire Period may apply. If such a minimum period applies, we will notify you.
2.5 If the Equipment is hired on a wet-hire basis, the terms for Wet hire in clause 30 will apply.
2.6 If the Hire Period of this agreement exceeds 3 months then we may review and adjust the rates any time (and on more than one occasion) after the end of the three months. If the rates are adjusted, we will notify you in writing and if you retain the Equipment you have agreed to pay the adjusted rates. If you do not agree to pay the adjusted rates you must immediately cease use of the Equipment and must return the Equipment in accordance with the requirements of this Rental Agreement.
2.7 For any rental that is agreed to be longer than 3 months from the outset or extended by an agreed period of 3 months or more, You and Us must complete the checklist in Annexure 1. The checklist sets out the responsibilities of each party (being all costs, processes, applications and compliance) for that item) the parties can be jointly responsible in proportions specified.
2.8 Notwithstanding any other provision of this Rental Agreement, if it has not ended earlier, this Rental Agreement ends 23 months after commencement.
Payment for Your Hire
3.1 You agree to pay Us the hire rates and any Damage Waiver Amount (where applicable) specified in the Rental Agreement for the Equipment for the Hire Period plus any applicable GST, stamp duties, tolls, fines, penalties, levies or freight and other charges relevant to the Rental Agreement and the hire, including other charges set out in clause 4 below. (Collectively the Hire Fees)
3.2 Unless you are Credit Approved, the Hire Fees must be paid to Us prior to the start of the Hire Period.
3.3 If you are Credit Approved You must pay Your accounts within 30 days from the end of the month of the date of issue.
3.4 You agree to notify us immediately in writing of any material change to the information contained in or associated with Your Credit Application.
4.1 A cancellation fee may be charged by Us where the Equipment has been reserved by booking and You cancel the booking without reasonable notice or fail to take delivery of the Equipment.
4.2 We may charge you a fee of 2.5% of the Hire Fee for accepting payment by credit card
4.3 You are responsible for the payment of parking fines or any traffic violations, including penalties for any vehicles hired to You where the Equipment or any part thereof is a Vehicle and the parking fines, or traffic violations or penalties are incurred on the Vehicle during the Hire Period and even if the fines or penalties are received after the Hire Period.
4.4 In addition to the Hire Fees and other fees and expenses set out in the Rental Agreement, You are responsible for any physical damage to the Equipment (subject to clause 5.2), reasonable fees associated with any necessary cleaning on return of the Equipment, consumables, fines arising out of use of the Equipment, in addition to operation training requested by You.
4.5 If You do not pay the Hire Fees in full by the due date, We may:
(a) charge You, in addition to any other costs recoverable under this agreement, interest calculated monthly on the total outstanding balance. The interest rate used to calculate the interest payable is the 90 day Bank Bill Swap Rate as at the firs business day of the month in which payment is due plus 5%; and
(b) charge You 100% of all costs and expenses incurred by Us in recovering any unpaid amounts under this Rental Agreement.
4.6 If you require us to deliver the Equipment at the start of the Rental Period and/or collect the Equipment at the end of the Rental Period We will charge you an additional mobilisation/demobilisation fee(s) as applicable, and as set out in the Rental Agreement.
4.7 You agree to pay an environmental charge in relation to any item of Equipment as detailed in the quote provided for or annexed to this Rental Agreement.
Damage Waiver Amount
5.1 If You elect not to pay the Damage Waiver Amount, You must insure the Equipment and provide to Us before the Hire Period starts a certificate of currency for an appropriate policy of insurance that covers physical loss or damage and theft to the Equipment during the Hire Period for an amount not less than the full new replacement value of the Equipment.
5.2 If You elect to pay the Damage Waiver Amount, We shall be responsible for the physical loss or damage and theft of the Equipment during the Hire Period save and except for any excess payable by Us to Our insurer on any claim made for the Equipment by Us pursuant to Our policy of insurance, and/or for any shortfall between the sum insured and the actual full new replacement value of the Equipment. Where any such excess and/or shortfall in the sum insured is payable by Us, We will deliver an account to you for the excess and/or shortfall and You must make payment of that account within 7 days.
5.3 Clause 5.2 in no way entitles you to, or implies the availability of, compensation from us for any liability incurred by You in relation to the use of the Equipment.
5.4Our responsibility under clause 5.2 will not continue if the loss or damage:
(a) has arisen as a result of Your breach of the Rental Agreement;
(b) has been caused by Your negligence;
(c) has been caused by theft, loss or damage by whatever cause to tools and/or accessories supplied with the Equipment including but not limited to; hoses, drills, bits, grease guns, electric leads, tyres and tubes;
(d) has been caused by any misuse, abuse, wilful or malicious acts or omissions, or reckless use (including overloading of the equipment or components thereof) of the Equipment by You;
(e) has arisen due to the lack of lubrication or non-adherence to other normal maintenance requirements that could reasonably be expected of You under the Rental Agreement;
(f) has been caused by Your disregard for instructions given to You by Us in respect of the proper use of the Equipment or in contradiction of the Manufacturer’s Instructions (including intended purpose of use) if supplied with the Equipment at the start of the Hire Period;
(g) has arisen due to any unexplained disappearances of the Equipment;
(h) as been caused by theft of the Equipment in circumstances where site security is available including, but not limited to, locked yards, buildings and sheds, and where proper security is not used by You to secure the Equipment whilst it is left unattended;
(i) has arisen out of Your use of the Equipment or Vehicle in, on, under or over water without express written permission by Us;
(j) has arisen out of Your use of the Equipment or Vehicle in forestry activities without express written permission by Us;
(k) has arisen out of by Your use of the Equipment or Vehicle in underground activities without express written permission by Us;
(l) has arisen out of Your loading or offloading Equipment from maritime vessels, transportation of Equipment on maritime vessels or the use of the Equipment on any wharf or bridge or over any body of water;
(m) if the Equipment is or includes a Vehicle, has arisen out of;
(i) driving the Vehicle under or into an object lower than the height of the Vehicle;
(ii) damage to tyres (including, punctures, cuts and abrasions), the underbelly of the Vehicle when no other vehicle is involved, windscreens or headlights (including chipping);
(iii) damage caused while the Vehicle is being driven or towed upon a road that is unsealed or not a public road;
(iv) damage caused by total or partial immersion in water regardless of cause; or
(v) damage to the interior of the vehicle including the need for professional cleaning or deodorising.
5.5 Our responsibility under clause 5.2 will not apply in the event of an on-hire agreement being entered into between you and a third party without our express written permission.
Your Use, Operation and Maintenance of Our Equipment
You agree that the use of the Equipment carries with it dangers and risks of injury and you agree to accept all dangers and risks.
6.1 The Equipment must not be used by anyone other than You without Our express written permission.
6.2 You will ensure that all persons operating or erecting the Equipment are instructed in its safe and proper use and where require that the operator shall hold a valid Certificate of Competency and/or be fully licensed to use the Equipment.
6.3 You agree, at your own cost, to operate, maintain, store and transport the Equipment strictly in accordance with any instruction provided by Us and with due care and diligence.
6.4 You agree that you will ensure that the Equipment will be stored in a safe and secure environment and where available to store the Equipment in locked yards, buildings or sheds.
6.5 You agree that the Equipment will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations whether supplied by Us or posted on the Equipment in regard to its operation, maintenance and storage.
6.6 You agree to comply with all occupational health and safety laws and regulations relating to the use of the Equipment and associated operations.
6.7 You agree that if the Equipment is or includes a Vehicle that;
(a) any driver of a Vehicle must hold a valid unrestricted licence to drive that class of vehicle;
(b) at no time shall any driver of a Vehicle have a breath or blood alcohol concentration exceeding the maximum lawful concentration or be under the influence of any drug, toxin, or illegal substance;
(c) the Vehicle shall only be operated with tyre pressure, fluid and fuel maintained to the proper levels;
(d) the Vehicle shall not be operated in circumstances where recommended or legal load limits are being exceeded;
(e) the Vehicle shall not be used to tow or propel a vehicle other than a trailer within recommended limits;
(f) no illegal, prohibited or dangerous substances will be used or carried in the Vehicle;
(g) the Vehicle shall not be used to travel outside the State or Territory where the Vehicle is hired without Our express prior written permission;
(h) the Vehicle shall not be used for any illegal purpose; and
(i) the Vehicle shall not, without our prior written permission be altered, tampered with, repaired or modified in any way nor shall any other person be permitted to do so.
On-hire to Third Parties
7.1 You must not on-hire the Equipment to any third party without Our prior written permission. In the event of a third party on-hire being agreed, You shall remain liable to Us as per the terms of the Rental Agreement as though the on-hire agreement did not exist.
7.2 Any agreement by Us to You entering into an on-hire agreement with a third party shall be subject to the third party agreeing to operate under the same terms and conditions as contained in the Rental Agreement.
7.3 Notwithstanding anything else in this Rental Agreement, to the extent that You on-hire the equipment to any third party, You indemnify Us for any loss or damage to the Equipment (including cost of repairs or replacement of the equipment as new or if unavailable with equivalent new Equipment) and remain liable for and must continue to pay for hire of the Equipment at all times.
Our Preventative Maintenance
8.1 We may undertake preventative maintenance on the Equipment and on doing so will charge You a per kilometre charge fo distances travelled exceeding 50kms (round trip) plus the consumables and labour involved in the preventative maintenance.
8.2 For the avoidance of doubt, You remain responsible for the daily maintenance and care of the Equipment in accordance with the Rental Agreement, notwithstanding Our election to provide preventative maintenance.
9.1 You warrant that:
(a) the Equipment will be used in accordance with the conditions outlined in the Rental Agreement;
(b) the particulars in the Rental Agreement are correct in every respect and are not misleading in any way including, without limitation, by omission;
(c) You hold a valid current driver’s licence, operating licence or permit valid for the type of Equipment hired;
(d) the Equipment will not be used for any illegal purpose;
(e) Your vehicle is suitable for towing the Equipment if required;
(f) You will not, without Our prior written permission, tamper with, repair or modify the Equipment in any way, or permit another to do so;
(g) You agree that the Equipment complies with its description, is in merchantable condition and is fit for Your purpose; and
(h) You agree that the Equipment has been received by You in a clean and good working order.
10.1 To the full extent permitted by law, You release, discharge and indemnify Us from all claims and demands by third parties upon Us arising out of or consequent on the use or misuse of the Equipment during the Hire Period.
10.2 Without limiting clause 10.1 of the Rental Agreement, You agree that to the full extent permitted by law, no warranties are given by Us in respect of the Equipment. Any liability of Us pursuant to any warranty which cannot be excluded by law will not exceed either the cost of repairing the Equipment or for the cost of resupplying the Equipment, at Our sole discretion.
- Your Responsibility for Loss, Damage or Breakdown
11.1 Subject only to Our obligations following payment of the Damage Waiver Amount by You in accordance with the Rental Agreement, You will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred, including all wear and tear (with the exception of wear and tear to tyres and ground engaging tools – where You will be liable only for wear and tear over and above what we determine to be fair wear and tear), during the Hire Period.
11.2 We may supply you with an On Hire Report for the Equipment at the commencement of the Hire Period. You must agree the On Hire Report is accurate before You commence operating the Equipment. If you do not agree that the On Hire Report is accurate You must notify us of what is not accurate before operating the Equipment, if you do not do so You will be deemed to have agreed that the On-hire report is accurate. At the completion of the Hire Period, you will meet us with and complete an Off-Hire inspection and report on the Equipment.
11.3 You are liable for the payment of the new list price of any Equipment not returned to us.
11.4 If the Equipment is damaged you must notify us within 24 hours of becoming aware of the damage.
11.5 If there is a breakdown or failure of the Equipment You must immediately stop using the Equipment and notify Us in writing.
11.6 You must take all necessary steps to prevent injury occurring to persons or property as a result of the condition of the Equipment.
11.7 You must take all necessary steps to prevent any further damage to the Equipment itself.
11.8 You must not repair or attempt to repair the Equipment.
Repair of Our Equipment
12.1 We will, upon receiving notice of the breakdown or failure of the Equipment, take all necessary steps to repair or have the Equipment repaired or will provide a suitable replacement as soon as reasonably possible after receiving notification from You. The delivery costs of providing replacement Equipment will be at Our expense.
13.1 We will maintain current insurance policies in respect of the Equipment to its full insurable value. This insurance does not cove you unless You elect to pay the Damage Waiver Amount and then only to the extent set out in the Rental Agreement.
13.2 We shall provide, when reasonably requested by You, evidence of the insurance applying to You which We maintain under the Rental Agreement.
13.3 You acknowledge that You:
(a) Have satisfied yourself as to the nature and extent of Our insurance (including any exclusions, conditions and excesses noted on the policies);
(b) may, if You require it, take out insurance to insure for any risks not insured by Our insurance or to cover any exclusions, conditions or excesses in Our insurance; and
(c) Will have no claim against Us arising out of or in connection with the failure by Us to effect or maintain the relevant insurance policies in accordance with the terms of the Rental Agreement.
(d) The Damage Waiver Amount is not insurance, but rather an amount payable to limit Your liability to Us for physical loss and damage to the Equipment during the Hire Period in certain circumstances.
14.1 You will assume all risks and liabilities for, and in respect of, the Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from Your possession, use, maintenance, repair, storage or transport of the Equipment.
Personal Property Securities Act 2009 & Related Regulations (PPS Act)
15.1 In relation to any security interest constituted or contemplated in the Equipment by this Rental Agreement, and in relation to an proceeds arising from any dealing in the Equipment, You consent to Us affecting and maintaining a registration on the register (in the manner We consider necessary) of that security interest. You also agree to sign any documents and provide all cooperation to u required to facilitate that registration and maintenance. At our sole discretion we may register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest) at any time. Your right to receive notice of a verification statement regarding the registration of a security interest on the register in respect of the Equipment is hereby waived.
(i) If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with the Rental Agreement and sections 115(1) or 115(7) of the PSS Act allows for contracting out, then the following provisions of the PPS Act will not apply and You will have no rights under them:
in respect of section 115(1), section 95 (to the extent of notices to the grantor); section 96; section 118 (to the extent of notices to the grantor); sections 121(4); 125; 130; 132(3)(d); 132(4); 135; 142; and 143; and
(ii) in respect of section 115(7): sections 127; 129(2); 129(3); 130(i); 132; 134(s); 135; 136(3); 136(4); 136(5); 137; and 275(7)(c).
15.3 You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act.
15.4 Money received from you in connection with the Rental Agreement may be applied by us towards your obligations under a security interest contemplated or constituted by the Rental Agreement in any way We determine.
16.1 To the extent permitted by law, we disclaim all liability for and do not give any warranties to you as to the condition of the Equipment.
17. Chain of Responsibility
17.1 This clause applies to services associated with the collection, handling, loading, unloading and delivery of Equipment by You.
17.2 You acknowledge and agree that You will comply with and will ensure that Your employees and approved subcontractors comply with, Chain of Responsibility Law and all applicable laws relating to the licensing, driving, operation and maintenance of Vehicles and Equipment used under this Rental Agreement
17.3 If You consider that You are unable to use the Equipment in accordance with:
(a) the start date specified in the Rental Agreement or the Hire Period ; or
(b) any other request made by EzyQuip,
Without breaching Chain of Responsibility Law, You must immediately notify Us in writing and advise Us in writing of any proposed variation to ensure that You comply with Chain of Responsibility Law.
17.4 If You consider that loading, unloading or carrying particular Equipment or any load of Equipment would or may cause You to breach Chain of Responsibility Law, You must immediately notify Us in writing and seek further instructions from Us.
17.5 You are responsible for (i) loading, unloading and securing Equipment safely and in accordance with the Load Restraint Guide published by the National Transport Commission; (ii) ensuring that any Vehicle used is not overloaded and does not exceed applicable mass or dimensions limits; (iii) ensuring that You, and any drivers employed or engaged by You, hold any necessary permits and licenses in relation to the Equipment.
17.6 We may conduct an inspection or request copies of the records of You that relate to the Equipment. You must co-operate with any inspection requested or carried out by Us and, at Your cost, provide copies of any records within five working days of receiving a request from Us.
Remember We own the Equipment
18.1 You acknowledge that we retain title to the Equipment and that you have rights to use the Equipment as a mere bailee only. You agree that You have no rights to pledge Our credit in connection with the Equipment.
18.2 Subject to clause 15, You agree not to offer to sell, assign, sub-let, charge, lend, pledge, mortgage, let or hire or otherwise part with or attempt to part with personal possession of, or create any security interest over, the Equipment.
18.3 You agree not to conceal, alter or make any addition to the Equipment.
If You default
19.1 We may retake possession of the Equipment if:
(a) You are in breach of any provision of this Rental Agreement; or
(b) You do not pay your account in the time agreed; or
(c) the Hire Period ends and You have not returned the Equipment to
19.2 All costs incurred by us in repossessing due to a breach are to be paid by You.
19.3 In the case of repossession due to a breach of this agreement you agree to grant Us permission to enter any premises where the Equipment listed in the Rental Agreement is situated to disconnect, decommission and/or remove that Equipment.
19.4 In addition to Our right to retake possession We are entitled in Our sole discretion, following any breach of any provision of this agreement by You, to terminate this agreement and/or sue for recovery of any damages or charges or loss suffered by Us, and/or to cancel any insurances effective in respect of the Equipment.
When the Hire Period Ends
20.1 You must ensure the Equipment is returned to Us:
(a) clean of all foreign matter or agree to a reasonable cleaning fee being charged by Us;
(b) with the same quantity of fuel as was provided by Us at the start of the Hire Period;
(c) with other consumables in the same condition (including but not limited to ground engaging tools and wear parts) provided by Us at the start of the Hire Period.
For the sake of clarity any consumables used by You are to be charged at a reasonable commercial rate by Us.
20.2 You agree to return the Equipment to Our address on or before the end of the Hire Period as outlined in the Rental Agreement and any failure to do so can be criminal theft and may be immediately reported to the police.
20.3 If We have agreed to collect the Equipment, You shall give Us written notice at least one week prior to the Equipment being available for collection.
21.1 Subject to clause 20.2, neither You or Us will be responsible for any delays in delivery, installation or collection due to causes beyond their control including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, pandemics, epidemics, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.
21.2 Nothing in clause 20.1 will limit or exclude Your responsibilities and liabilities under the Rental Agreement for Equipment that is lost, stolen, or damaged during the Hire Period, or has broken down or become unsafe to use as a result of Your conduct of negligence or breach of the Rental Agreement.
22.1 If we intend to amend the terms of the Rental Agreement, We will give You 30 days notice of the intended amendments. Any failure by you to dispute the amendments within 7 days of notice means you accept the amendments. Any other variations to these terms and conditions shall be agreed in writing between the parties.
23.1 As security for Your obligations and liabilities under the Rental Agreement, You agree to charge all of Your legal and equitable interests (both present and future) of any nature, however held, in any and all real property.
23.2 You agree to sign any documents and do all things reasonably required by Us to register a mortgage security or other instrument of security (including a caveat noting Our interest) over any real property and if You fail to do so immediately, You irrevocably appoint any solicitor engaged by Us to be your lawful attorney to sign and register such instruments of security.
23.3 You agree to indemnify Us on an indemnity basis against all costs and expenses incurred by Us in connection with the preparation and registration of any such instrument of security.
24.1 The covenants, agreements and obligations contained in the Rental Agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
25.1 If any provision of the Rental Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
26.1 The Rental Agreement is governed by the laws of the State of Queensland and each party submits to the exclusive jurisdiction of that Court of that State.
28.1 You agree to pay to Us with and in addition to any fees and charges pursuant to this agreement any goods and services tax on the supply of any good or service by Us to You which may be assessed on such transaction pursuant to the A New Tax System (Goods and Services Tax) Act 1999 and its associated legislation.
Provisions of this Agreement Excluded from Consumer Contracts
29.1 Where You are an individual acquiring goods or services wholly or predominantly for personal, domestic or household use or consumption, the Variation (clause 21) and Security (clause 22) clauses of the Rental Agreement will not apply
Claim for Payment
30.1 This Rental Agreement and any associated tax invoice is a claim for payment under the Building and Construction Industry payments Act 2004 (QLD), the Building and Construction Industry Security of Payment Act 1999 (NSW), the Construction Contracts (Security of Payments) Act 2009 (NT), the Building and Construction Industry Security of Payment Act 2002 (VIC), the Building and Construction Industry Security of Payment Act 2009 (SA), the Construction Contracts Act 2004 (WA),the Building and Construction Industry (Security of Payment) Act 2009 (ACT), and/or the Building and Construction Industry Security of Payment Act 2009 (TAS).
31.1 If we agree to supply an Operator with Equipment it is a Wet Hire Agreement.
31.2 If it is a Wet Hire Agreement the terms of this clause apply. If there is any inconsistency between this clause and any preceding clause, this clause takes precedence.
31.3 We agree to supply the Equipment and a suitably qualified or licensed Operator to operate the Equipment. You must not allow the Equipment to be operated by anyone other than the Operator supplied by Us.
31.4 We will quote you an hourly rate for the hire of the Equipment and Operator. The Minimum Hire Period for the Equipment and Operator is 8 hours per day with each day commencing at 6:00 am and concluding at 6:00 pm.
31.5 You agree to pay any increased costs of labour associated with or connected to Our Operator operating the Equipment for You.
31.6 You agree to pay us the Hire Fee for the Minimum Hire Period for each day even if the Equipment is not in operation for the whole of the Minimum Hire Period each day.
31.7 The hours of operation of the Equipment shall be between 6:00 am and 6:00 pm Monday to Saturday exclusive of Public Holidays unless different hours of operation are agreed to by us in writing. We can charge you an additional fee of up to 50% of the Hire Fees if the hours of operation are outside of those stated in this clause.
31.8 The Operator will keep and maintain records of the hours of operation of the Equipment which you agree shall be final and conclusive evidence in the event of any dispute as to the hours of operation of the Equipment.
31.9 We will invoice You in accordance with this Rental Agreement and the records kept by the Operator which will also include:
(a) an allowance of 20 minutes at the commencement of each day of operation of the Equipment for pre-start maintenance and Equipment check; and
(b) Transportation time calculated for each item of Equipment from the closer of where the Equipment is located or our premises to you, multiplied by 2.
31.10 You must ensure that adequate provision is made on, or in the immediate vicinity of, the site where the Equipment is to be operated for the loading and unloading of the Equipment. You must provide sufficient direction to Our Operator as to where the Equipment is to be loaded and unloaded.
31.11 You indemnify Us for any:
(a) loss or damage occasioned to the Equipment during the process of loading or unloading of the Equipment;
(b) claim by an third party for property damage or personal injury relating directly or indirectly to the loading or unloading of the Equipment;
(c) any breach of any conditions of any statutory licences or approvals associated with the site where the Equipment operates; and
(d) any personal injury to our Operator, except where that injury occurs as a direct result of Our own negligence.
31.12 You must notify us in writing by 5:00am AEST on the relevant day if the Equipment cannot be operated due to inclement weather. The following applies to inclement weather:
(a) If you fail to notify us in accordance with this clause we will still charge You for the Minimum Hire Period for that day.
(b) If you do notify us in accordance with this clause we will charge You Standby Rates for the time the Equipment cannot be operated due to inclement weather.
31.13 The Operator will notify You if the Equipment is not operative due to breakdown or repairs (excluding pre-start maintenance and Equipment check), and the estimated period of time the Equipment is likely to be inoperative. We will charge You Standby Rates for the time the Equipment cannot be operated due to breakdown or repairs (excluding pre-start maintenance and Equipment check).
31.14 The Operator will operate the Equipment in accordance with any reasonable and lawful direction given by you. We will not be liable for any loss suffered by you as a result of the Operator refusing to follow a direction given by you which, in the sole discretion of the Operator, was unreasonable of unlawful.
31.15 You are responsible for the determination of the location of all services (both above and below ground) located on the land on which the Equipment is to be operated. Such services may include, but are not limited to communications, electricity, gas, sewerage or water services. You must notify the Operator of the location and nature of all such services.
31.16 In addition to your warranties contained in clause 9 above you warrant that You hold, and will maintain throughout out the entire Hire Period, a current public liability insurance policy for claims up to $10,000,000.00 covering any event which may occur on site where the Equipment is to be operated in accordance with this Rental Agreement. You must provide us with evidence of that insurance when requested by us.
31.17You discharge and release us and agree not to make any demand or claim against us for any loss or damage (including consequential loss or damage) arising from any delay should the Equipment be inoperative or unavailable for any reason.
THESE TERMS AND CONDlTlONS FORM PART OF A RENTAL AGREEMENT