RegionAll Electrical Pty Ltd ABN: 93 661 887 838 ACN: 600 232 291
Dry Hire Terms and Conditions 1.
Definitions Claim means any present or future, actual or contingent, claim, cause of action, complaint, claim for contribution, liability, cost or expense any person has or might have. Deposit means a sum (including authority to debit a credit card) that We may require You provide as a surety for the return of the Equipment undamaged in accordance with the Hire Agreement. Dry-Hire means the hire of plant, machinery, vehicles and equipment without fuel or Operator supplied (as the case may be). End Hire Date means the date nominated in the Hire Form. Equipment means the buildings, machinery, plant, Vehicles, equipment and other goods listed in the Hire Form including:
(a)
parts, tools, accessories and attachments; and
(b)
any replacement Equipment.
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Guarantee & Indemnity means a guarantee and indemnity provided by a guarantor to Us in support of Your obligations pursuant to the Hire Agreement. Hire Agreement means these Terms, the Hire Form and any Guarantee & Indemnity, special terms or other documentation attached to any of the documents just mentioned. Hire Fee means the cost payable by you for the use of the Equipment for the Hire Period calculated on the Hire Rate as prescribed in the Hire Form. Hire Form means the self-titled form that documents the particulars of the hire of the Equipment from Us to You. Hire Period means the period commencing on the Start Hire Date and ending on the End Hire Date as it may be varied by clause 2.1 of these Terms. Hire Rate means the monetary charge for the hire of Our Equipment on an hourly, daily, monthly, kilometre basis or other calculated basis, exclusive of GST unless otherwise stated, for Dry Hire of the nominated Equipment. Interest means interest on any amount owed to us, on a rate equivalent to the Commonwealth Bank of Australia business overdraft interest rate plus two percent, and which is compounded on monthly rests. Minimum Hire Period means a minimum number of hours, days, weeks, months, kilometres basis or other calculated basis prescribed for the hire of the Equipment during the Hire Period as outlined in the Hire Form. Operator means any individual who operates the Equipment on behalf of You. PPS Act means the Personal Property Securities Act 2009 (Cth).
Privacy Policy means any privacy policy which is available on our website raelectrical.net.au. Security Interest means an interest in personal property provided for by a transaction that, in substance, secures payment or performance of an obligation, as defined within the PPS Act. Start Hire Date means the date nominated in the Hire Form. Terms means these Dry Hire Terms and Conditions. Vehicle means Equipment that is self-propelled or any vehicle (including but not limited to any truck, utility, bus, trailer or other vehicle) used to transport the Equipment. We/Us/Our means Regionall Electrical Pty Ltd A.C.N. 600 232 291 as trustee for the Tim and Annika Ehrlich Family Trust and its substitutes, successors and permitted assigns and its licensees, agents, contractors or employees. You/Your means the person/s, partnership, trustee of a trust, company or entity (including its agents, employees or contractors) hiring Our Equipment, as listed in the Hire Form.
2.
Hire of Our Equipment
2.1
The hire of the Equipment will commence from the Start Hire Date and continue until the later of:
(a)
the End Hire Date; or
(b)
the date the Equipment is returned to Our possession and control and is fit for the purpose of hire again.
2.2
We will provide the Equipment to You in good working order with all tools, accessories and attachments reasonably necessary for the competent operation of the Equipment in the Hire Period.
2.3
You may use the Equipment in accordance with these Terms for the Hire Period in consideration for the Hire Fee.
2.4
Any extension of the Hire Period must be agreed to by us and we reserve the right to:
(a)
refuse to extend the Hire Period; or
(b)
require a new Hire Agreement be entered into by the parties for any new or extended Hire Period.
2.5
We may prescribe a Minimum Hire Period in the Hire Agreement.
2.6
If you return the Equipment prior to the expiration of the Minimum Hire Period then We in our discretion may require you to pay all the Hire Fee and other charges pursuant to the Hire Agreement.
2.7
The Equipment is hired on a Dry-Hire basis and You are wholly liable for:
2.8
(a)
any fuel or consumables necessary to use the Equipment;
(b)
any Operator required to use the Equipment;
(c)
the supply of any Vehicle necessary to transport the Equipment to Your work site;
(d)
any damages or fines resulting from the unlawful or negligent operation of the Equipment;
(e)
ensuring the operation of the Equipment is in accordance with:
(i)
relevant workplace health and safety obligations;
(ii)
the design parameters of the Equipment; and
(iii)
the Equipment’s manufacturer’s instructions.
We may terminate the Hire Agreement prior to the End Hire Date on no notice to you and repossess any Equipment if:
(a)
You fail to pay any Hire Fee or other amounts legally levied within seven days of the due date;
(b)
You permit any act or omission whereby Our rights to the Equipment may be prejudiced;
2.9
(c)
You become insolvent, bankrupt or make any arrangements or composition with creditors;
(d)
You commit any breach of the Hire Agreement;
(e)
we reasonably suspect you are not operating the Equipment as required or permitted pursuant to these Terms;
(f)
You are a company, an order is made, or a resolution is passed for the winding up of Your company, or an administrator or receiver is appointed to Your company; or
(g)
any third party that holds a charge over or right in the Equipment demands its delivery up.
You consent and authorise Us or an authorised representative to enter any premises where Our Equipment may be located for the purposes of retrieving the Equipment. If permission is required, You agree to promptly procure any necessary rights to entry.
2.10 You will compensate Us on an indemnity basis for any Claim, cost or damages incurred by Us to regain possession of the Equipment.
3.
Payment for Your Hire
3.1
You must pay Us (without deduction or set off) the Hire Fee plus any applicable GST, stamp duties, outgoings, tolls, fines, penalties, levies or freight and other charges relevant to the Hire Agreement.
3.2
The Hire Fee must be paid to Us prior to the Start Hire Date.
3.3
Where any amount becomes overdue, all unpaid amounts will become immediately due and payable to Us, including any Interest and charges We may levy.
3.4
We may deduct any monies owing to us from the Deposit.
3.5
You are responsible for ensuring all bank details and amounts are correct prior to payment and no amount will be considered paid until received by us as cleared funds.
4.
Other Charges
4.1
The Hire Fee may be charged by Us where the Equipment has been reserved by booking and:
(a)
You cancel the booking without reasonable notice;
(b)
You fail to take delivery of the Equipment; and
(c)
no other person hires the Equipment in the reserved period.
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 penalties arising from the use (or incidental to the use) of the Equipment during the Hire Period and even if the fines or penalties are received after the Hire Period.
4.4
You are responsible for any:
4.5
(a)
physical damage to the Equipment;
(b)
reasonable costs associated with any repairs and cleaning reasonably required if the Equipment is returned in a poor or unclean state;
(c)
consumables or fuel required to replenish the Equipment;
(d)
applicable levies, penalties and other government and statutory charges arising from Your use of Our Equipment.
If You do not pay the Hire Fees in full by the due date, We may charge You:
(a)
Interest on the outstanding amount; and
(b)
all costs and expenses incurred by Us in recovering, or attempting to recover, any unpaid amounts under the Hire Agreement.
4.6
If you require us to deliver the Equipment at the start of the Hire Period and/or collect the Equipment at the end of the Hire Period We may charge you an additional mobilisation/demobilisation fee(s) as applicable.
4.7
We will not charge to collect or exchange Equipment due to breakdown of the Equipment provided the breakdown is not caused by Your negligence or misuse of the Equipment.
4.8
If the Equipment is unavailable or inaccessible at the agreed time on the End Hire Date then we reserve the right to charge you for waiting time at our prevailing Hire Rate.
4.9
We may charge You any reasonable costs (including parts and labour) associated with Our personnel, authorised representatives or contractors traveling to and from Your site to inspect, assess, repair or rectify any actual or suspected damage or faults arising from Your negligence or misuse of Our Equipment.
4.10 Our Hire Rates include fair wear and tear however if Your work results in excessive wear or damage then additional charges commensurate with that excessive wear or damage will apply.
5.
Loss and Damage
5.1
You must:
(a)
take adequate and reasonable precautions to protect the Equipment against theft or burglary;
(b)
not operate the Equipment negligently or outside of design parameters or manufacturer’s instructions;
(c)
not operate the Equipment in an abusive, unsound or unlawful manner; and
(d)
operate the Equipment in accordance with these Terms.
5.2
Operation of the Equipment includes any transport, movement or storage of the Equipment.
5.3
We are not liable to You for Your use of the Equipment in breach of these Terms.
5.4
You are liable to pay us all reasonable damages caused to the Equipment:
(a)
as a result of Your breach of the Hire Agreement;
(b)
caused by Your negligent act or omission;
(c)
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;
(d)
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 or recommendations; and
(e)
as a result of theft where you have failed to secure the Equipment to a reasonable standard.
6.
Your use, storage and maintenance of Our Equipment
6.1
You warrant that:
(a)
any Operator of the Equipment holds any necessary licence or qualification to operate the Equipment safely and lawfully; and
(b)
You will operate the Equipment safely and lawfully; and
(c)
You will comply with all applicable workplace health and safety laws and regulations relating to the use of the Equipment.
6.2
You must keep the Equipment in a good condition and use the Equipment only as it would be used by a careful and qualified Operator.
6.3
You accept the use of the Equipment has inherent danger and risk of injury and You.
6.4
You must take all necessary steps to prevent harm and injury occurring to persons or property as a result of the condition of the Equipment.
6.5
You agree, at your own cost, to operate, maintain, store and transport the Equipment with due care and diligence strictly in accordance with any reasonable instruction provided by Us.
6.6
You agree to store the Equipment in a safe and secure environment and where available in locked yards, buildings or sheds with adequate security measures.
6.7
You agree that the Equipment will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations regarding the Equipment’s set-up, operation, maintenance and storage.
6.8
If the Equipment is self-propelled or is transported by a Vehicle, You agree that the Vehicle will be in a roadworthy condition and any driver of the Vehicle is appropriately licensed and will operate that Vehicle lawfully.
7.
No on-hire to third parties
7.1
You must not on-hire, sublease or sub-licence the Equipment to any third party without Our prior written permission which may be refused or conditioned in our absolute discretion.
7.2
The Equipment must not be used by anyone other than You (including your employees) without Our express written permission.
8.
Your Warranties
8.1
You warrant:
(a)
You have the right, power and authority to enter into and perform the obligations in accordance with this Hire Agreement;
(b)
the Equipment will be used in accordance with the conditions outlined in the Hire Form and these Terms;
(c)
the particulars in the Hire From are correct;
(d)
You and/or Your Operators are appropriately licensed, qualified and experienced to operate the Equipment lawfully and competently;
(e)
the Equipment will not be used for any illegal purpose or activity;
(f)
You will not without Our prior written permission tamper with, repair or modify the Equipment in any way, or permit another person to do so; and
(g)
at the end of the Hire Period, the Equipment will be returned to Us in a clean, undamaged working order.
9.
Your Indemnities
9.1
To the full extent permitted by law, You release, discharge and indemnify Us from and against all liability, loss, damage, penalty, charge, claim, harm, injury, costs or expense or any kind whatsoever (including consequential and indirect loss) incurred or suffered directly or indirectly from or in connection with:
(a)
any breach of this Hire Agreement by You;
(b)
the termination of this Hire Agreement because of a breach by You;
(c)
any wilful, unlawful or negligent acts by You or your agents, contractors or employees;
(d)
any injury to or death of a natural person and any loss of or damage to a third party’s real or personal property caused or contributed by You or any of your agents, contractors or employees;
(e)
any loss of or damage to the Equipment or any real or personal property, caused or contributed to by You or any of your agents, contractors or employees;
(f)
any claim, action, demand or proceeding by a third party against Us or any of our related bodies corporate caused by or contributed to by You or any of your agents, contractors or employees;
(g)
any Claim, action, demand or proceeding by a third party against Us or any of our related bodies corporate arising directly or indirectly out of a breach of this Hire Agreement by You or any of your agents, contractors or employees, or by any wilful, unlawful or negligent act or omission of You or any of your agents, contractors or employees.
9.2
Any liability We have to You is limited to the value of the Hire Fee.
9.3
We are not liable for the activities of cyber criminals or malicious internet-based attacks on our information technology systems (including any software or cloud-based data storage).
10.
Your Responsibility for Loss, Damage or Breakdown
10.1 You are responsible for any loss or damage to the Equipment (including excessive wear and tear) incurred during the Hire Period.
10.2 If the Equipment is destroyed or irreparably damaged due to Your negligence or breach of these Terms then in addition to other obligations under these Terms You are liable for the replacement cost of that Equipment.
10.3 You must notify us of the details of any damage to, or break down or failure of, the Equipment as soon as detected.
10.4 You must provide Us with any information required for Us to assess or investigate the damage and how it occurred.
10.5 If there is a breakdown or failure of the Equipment, You must immediately stop using the Equipment and notify Us in writing and by telephone. In the event of an emergency, you should immediately stop using the Equipment and contact emergency services.
10.6 When a breakdown is caused by reasonable wear and tear or is not as a result of Your negligence or misuse of the Equipment then the Hire Period and Hire Fee will exclude any time the Equipment is not capable of use.
10.7 Upon detecting damage to the Equipment You must take all necessary steps to prevent any further damage or deterioration of the Equipment.
10.8 You must not repair or attempt to repair the Equipment without Our prior written permission. 11.
Repair of Equipment
11.1 Upon receiving notice of the breakdown or failure of the Equipment we will in our complete discretion: (a)
take all necessary steps to repair the Equipment as soon as reasonably possible after receiving notification from You; or
(b)
elect to provide a suitable replacement for the Equipment; or
(c)
terminate the Hire Agreement and refund to you any part of the Hire Fee that relates to the period that the Equipment is not capable of use in the Hire Period.
11.2 You agree that:
12.
(a)
any damages that arise from the breakdown or failure of the Equipment are limited to the Hire Fee;
(b)
We will not be held responsible for any consequential loss or damages incurred by You or any third parties arising from the breakdown or failure of the Equipment; and
(c)
we are not obligated to repair or replace the Equipment.
Insurance
12.1 We may maintain insurance policies in respect of the Equipment on terms agreed to in our own complete discretion.
12.2 Our insurance does not cover Your use of the Equipment. 12.3 You are not permitted to claim against our insurance except as permitted by Us in our complete discretion.
12.4 You must maintain Your own insurance relating to Your hire and use of the Equipment. 13.
Your Liability
13.1 You will assume all risk and liability for the Equipment and all loss, harm and injury to any person or property arising from Your hire, possession, use, maintenance, repair, storage or transport of the Equipment.
14.
Personal Property Securities Act 2009 & Related Regulations (PPS Act)
14.1 The Hire Agreement constitutes a security agreement. 14.2 In relation to any security interest constituted or contemplated in the Equipment by this Hire Agreement, and in relation to any proceeds arising from any dealing in the Equipment, You consent to Us affecting and maintaining a registration on the Personal Property Securities Register (in the manner We consider necessary) of that security interest at any time without notice to you. You also agree to sign any documents and provide all cooperation to us required to facilitate any 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
14.3 You are responsible for any costs, expenses or disbursements associated with any action that we are required to take under or in relation to the PPS Act to register, enforce or protect our security interest.
14.4 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with the Hire Agreement and sections 115(1) or 115(7) of the PPS 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 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).
14.5 You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act. 14.6 For the sake of clarity, the Equipment is the collateral and the security agreement is the Hire Agreement pursuant to the PPS Act.
14.7 Money received from you in connection with the Hire Agreement may be applied by us towards your obligations under any security interest contemplated or constituted by the Hire Agreement in any way that We may determine.
15.
We Own the Equipment
15.1 You acknowledge that we retain all title to the Equipment and that you have limited rights to use the Equipment as a bailee only.
15.2 You have no rights to pledge the Equipment or use it as security. 15.3 You agree not to sell, purport 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.
15.4 You must not: (a)
conceal, alter, co-mingle or make any addition to the Equipment; and
(b)
sell, transfer or assign the Hire Agreement or any of its rights or obligations without prior written consent from Us.
16.
If You Default
16.1 We may immediately retake possession of the Equipment without notice to You if: (a)
You are in breach of any warranty or provision of this Hire Agreement; or
(b)
You do not pay an account in full in the time agreed; or
(c)
We do not receive Your full payment of any outstanding amounts due and payable to Us;
(d)
the Hire Period ends and You have not returned the Equipment to Us.
16.2 All costs incurred by Us in repossessing due to a breach are to be paid by You. 16.3 Following any breach of the Hire Agreement We, in addition to Our right to retake possession, are entitled to:
17.
(a)
terminate this Hire Agreement; and/or
(b)
sue for recovery of the Equipment any damages or charges or loss suffered by Us; and/or
(c)
to cancel any insurances effective in respect of the Equipment.
Obligations when the Hire Period ends
17.1 You agree to return the Equipment to Us on or before the End Hire Date. 17.2 You must ensure the Equipment is returned to Us at the end of the Hire Period:
18.
(a)
clean and in the same condition as taken by you at the Start Hire Date, subject to fair wear and tear; and
(b)
with the same quantity of fuel (if applicable) as was provided by Us at the start of the Hire Period.
Force Majeure
18.1 No party is responsible for any delays in delivery, installation or collection due to causes beyond their control including but not limited to acts of God, war, pandemic, terrorism, mobilisation, civil commotion, riots, embargoes, 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.
18.2 You remain responsible for all costs and expenses during a force majeure event. 18.3 Nothing in clause 18.1 will limit or exclude Your responsibilities and liabilities under the Hire Agreement for Equipment that is lost, stolen, destroyed or damaged during the Hire Period, or has broken down or become unsafe to use as a result of Your conduct or negligence or breach of the Hire Agreement.
19.
Variation
19.1 We may amend these Terms on fourteen days’ notice to You. 19.2 You agree We give appropriate notice to you if we post these Terms on our website raelectrical.net.au. 19.3 You agree that this edition of Our Terms and Conditions of Hire replaces and supersedes all previous versions issued by Us.
19.4 No delay by Us in exercising any right or power will operate as a waiver of that right or power, nor will any single or partial exercise of any right of power preclude any other or further exercise of that right or power.
20.
Non-merger
20.1 The covenants, agreements and obligations contained in the Hire Agreement will not merge or terminate upon the termination of this Hire Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
21.
Severance
21.1 If any provision of the Hire 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.
22.
Governing Law
22.1 The Hire 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.
22.2 Any present or supervening legislation which may vary Your obligations in connection to these Terms and results in Our rights, powers or remedies being adversely affected is excluded, except to those which would be prohibited or rendered ineffective by law.
23.
Privacy
23.1 We will comply with the Australian Privacy Principles in all dealings with you. In the event we are required to maintain one, a copy of Our Privacy Policy detailing how we collect, use and handle your personal or sensitive information will be available on our website raelectrical.net.au.
24.
GST
24.1 You agree to pay to Us with and in addition to any fees and charges pursuant to this Hire 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 GST Law and its associated legislation, regulations or tax rulings.
25.
Claim for payment
25.1 To the extent possible this Hire Agreement and any associated tax invoice is a claim for payment under the Building Industry Fairness (Security of Payment) Act 2017 (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).
26.
Counterparts
26.1 This Hire Form may be signed or executed in a number of counterparts, with the same effect as if the signatures to or execution of each counterpart were on the same instrument. This Hire Form may be executed by an exchange of facsimile and/or email transmissions of signed counterparts.
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