Terms and Conditions of Hire

Definitions:

“Hirer” means the person, business or corporation who hires the Equipment from Hireworks and includes any officer, employee, contractor, or agent of the Hirer who signs this or any other document purportedly on the Hirer’s behalf may be taken by Hireworks as having full authority to sign on the Hirer’s behalf.

“Equipment” means the equipment described overleaf and provided by Hireworks to the Hirer including accessories, parts, or other devices, tools or items of equipment affixed to the equipment.

“One Day Hire” means Equipment collected between the hours of 7:00am and 5:00pm Monday to Friday or 7:00am – 12:00pm Saturday, and returned at the same time on the next working day.

“Working Day” means a day which is not a Sunday or public holiday in the Northern Territory of Australia.

1. Hire Rates

1. Daily hire rates are based on an 8 hour day from Monday to Sunday (including Public Holidays).
2. Weekly hire rates:
   1. without stand-downs, are based on an 8 hour day from Monday to Saturday (including Public Holidays) ; and
   2. with stand-downs, are based on the 8 hours day from Monday to Sunday).
3. All quoted hire rates are on the basis of collection and return of the Equipment to Hireworks.
4. Costs for delivery and collection will be charged where Hireworks agrees to deliver or collect the Equipment.
5. Cleaning and any additional costs will be charged for Equipment returned to Hireworks premises in an unreasonably dirty condition, or painting and decal costs will be charged for Equipment returned in a lesser condition than originally supplied.
6. Where applicable, all Equipment must be returned with a full tank of fuel, otherwise a re-fuelling fee will be charged as determined by Hireworks.
7. GST will be applied to all rates quoted.
8. All damages (including tyre damage) caused to the Equipment whilst in the possession of the Hirer, shall be charged as an extra charge to the Hirer.

2. Period of Hire

1. The minimum period of hire shall be a 24 hour Hire.
2. The period of hire shall commence:
   1. from and on collection of the Equipment from Hireworks premises by Hirer and expires on return of the Equipment to Hireworks premises; or
   2. where the Hirer has paid Hireworks delivery or collection charges and Hireworks has agreed to deliver or collect the Equipment, at the time the Equipment leaves Hireworks premises and shall expire at the time when the Hirer notifies Hireworks that the Equipment is available for collection provided that the Hirer has given Hireworks sufficient notice to enable the collection and return of the Equipment to Hireworks premises before 8:00am on the day next following the last day of the hire. Equipment is to be accessible from the Hirer at the time of collection. ‘Sufficient notice’ means notice given to Hireworks by the Hirer in writing or by telephone between 8:00am and 4:00pm on weekdays and between 8:00am and 12:00 noon on Saturdays .
3. Where the Hirer fails to return the Equipment to Hireworks premises before 8:00am on the day next following the last day of hire or in the opinion of Hireworks, given Hireworks insufficient notice to enable it to collect and return the Equipment before that time, the Hirer shall pay to Hireworks an extra charge for each day or part thereof until the Equipment is returned at the rate of a One Day’s Hire.
4. The hire period will not be subject to stand down for any reason unless agreed in writing prior to delivery of the Equipment.
5. In the event that Equipment is stood down for any reason and unless agreed in writing prior to delivery of the Equipment, the Hirer will continue to be charged for each day the Equipment is stood down.
6. In the event that Equipment is stood down or due to inclement weather or industrial action, the Equipment shall be made available by the Hirer for collection by Hireworks.

3. Risk

The Equipment shall at all times during the period of hire remain at the risk of the Hirer; and

1. The Hirer shall accept full responsibility and liability for the safekeeping of the Equipment and shall indemnify Hireworks for all loss, theft or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft or damage is attributable to any abandonment of any Equipment, or the negligent failure or omission of the Hirer.
2. The Hirer shall use the Equipment in a safe and proper manner and for the purpose for which it was designed.
3. The Hirer shall ensure that any person using the Equipment shall comply with all statutes, regulations and by-laws applicable to the use and operation of the Equipment.
4. The Hirer shall at the Hirer’s expense, supply all fuel and lubricants and maintain the Equipment in good order and repair, ordinary wear and tear excepted.
5. The Hirer shall ensure that operators are trained and certified in the safe inspection and operation of the Equipment.
6. The Hirer will immediately discontinue use of the Equipment if at any time the Equipment becomes unsafe for use or is in a state of disrepair, and the Hirer will immediately notify Hireworks in writing that the Equipment is unsafe or in disrepair and until such time as Hireworks has regained possession of the Equipment, the Hirer agrees to take all steps reasonably necessary to prevent injuries occurring to any person and/or property from the Equipment.

4. Disputes

1. In the event of a dispute the Hirer agrees to pay all legal costs of the dispute.
2. If a dispute arises out of these conditions of hire, each party to the dispute must use its reasonable efforts to resolve the dispute. A party claiming a dispute has arisen must give the other party to the dispute written notice setting out details of the dispute. If the dispute has not been settled within 14 days of receipt of the notice, either party may refer the dispute to arbitration or may commence court proceedings.

5. Preservation of Property

1. The Hirer shall not without Hireworks prior written consent sublease or part with possession of the Equipment.
2. The Hirer shall not remove the Equipment from the Northern Territory without first obtaining the written consent of Hireworks.
3. The Hirer shall not sell, assign, or mortgage the Equipment.
4. Title to the Equipment is and shall remain in Hireworks.
5. The Hirer shall not alter, make any additions to deface or erase any identifying mark or number on or in any other manner interfere with the Equipment.
6. The Hirer shall replace all lost or stolen Equipment in the possession of the Hirer during the period of hire with new replacement Equipment.

6. Acknowledgements

Except to any extent prohibited by any act, statute or regulation pursuant thereto :

1. Hireworks does not make or give any representation, warranty or covenant as to the quality of the Equipment or its fitness for any purpose which is hereby expressly excluded.
2. Hireworks shall not be liable to the Hirer for any loss or damage howsoever occasioned and arising from any defect in breakdown malfunction, failure of performance, late delivery or non-delivery of the Equipment.
3. The Hirer acknowledges and declares it has examined the Equipment and that it is in good working order, condition and repair;
4. The Hirer agrees to return the Equipment to Hireworks premises on expiration of the hire period in the same condition as when received by the Hirer, ordinary wear and tear excepted.

7. Terms and Conditions of agreement and Equipment return

 The terms and conditions of these conditions of hire are entered into when the Hirer and/or representative of the Hirer, operates Equipment, orders Equipment, and or opens a trading account with Hireworks.

8. Terminations

 Without prejudice to any remedies available to Hireworks and notwithstanding any period of hire specified overleaf Hireworks might terminate this contract of hire:

1. Without notice if the Hirer shall commit any breach of these conditions of hire, or having a winding up petition presented against it, or go into voluntary liquidation, or commit any act of bankruptcy, or if a receiver of its assets or any of them is appointed, or if it makes an assignment or compromise for the benefit of its creditors, or its business is placed under official management , or if it ceases to carry on business.
2. Without notice if the Hirer fails to pay his account within 7 days of the date of the relevant invoice or where the Hirer’s payment by cheque is not honoured.

Upon termination of these conditions of hire, Hireworks shall be entitled to take immediate possession of the Equipment and for this purpose the Hirer irrevocably appoints Hireworks as its agent and authorises Hireworks its servants and agents to enter any land or premises owned by or under the control of the Hirer upon which the Equipment is then situated, to search such premises and to recover the Equipment therefrom

9. Equipment Supply

Hireworks shall supply the Equipment subject to the above and following conditions:

1. The Hirer acknowledges and agrees that Hireworks is not a Common Carrier and does not accept the obligations or liabilities of common carriers in respect of the hire of the Equipment and nor shall any such obligations or liabilities be implied herein; and
2. The Hirer shall indemnify Hireworks against all claims, actions, suits, demands, costs, expenses, including all legal costs and expenses, in respect of any loss, damage, death or injury caused to any person or property arising out of the condition of the Equipment or the use of the Equipment by the Hirer during the period of hire whether caused by the negligence of the Hirer its servants or agents or by the negligence of any other person whatsoever.

10. Payment Terms

For customers on account, all accounts are due and payable within 30 days of date of invoice, otherwise all accounts are payable on return of Equipment. Disputes and/or claims do not constitute grounds for non-payment of accounts other than those accounts in dispute.

11. PPS Law

This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”).  References to the PPS Law in this agreement include references to amended, replacement and successor provisions.

1. The Owner may register its security interest as PSMI.  The Hirer must do anything (such as obtaining consents and signing documents) which The Owner requires for the purposes of:
   1. ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPS Law;
   2. enabling the Owner to gain first priority for its security interest’
   3. enable the Owner to exercise rights in connection with the security interest.
2. The Owner may recover from the Hirer the cost of doing anything under this clause, including but not limited to registration fees.
3. The rights of the Owner under this document are in addition to and not in substitution of rights under other law (including PPS Law) and the Owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit.
4. To the extent that Chapter 4 of the PPS applies to the security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purpose of section 115 of the PPS Law are “contracted out” of th is agreement in respect of all goods to which that section can be applied: secti on 95 (notice of removal of accession to the extent it requires the Owner to give notice to the Hirer); section 96 (retention of accession); section 121 (4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires The Owner to give notice to the Hirer); section 129 (2) and 129 (3) section 132 (3) (d) (contents of statement of account after disposal); section 132 (4) statement of account if not disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).
5. The following provision of the PPS Law confer rights on the Owner: section 123 (seizing collateral); section 126 (apparent possession); section 1 28 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134 (1) (retention of collateral).  The Hirer agrees that in addition to those rights, the Owner shall, if there is default by the Hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer agrees that the Owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence.
6. The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of t he PPS Law.
7. The Owner and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply.  The agreement in this sub-clause is made solely for the purposes of allowing the Owner the benefit 275(6)(a) and the Owner shall not be liable to pay damages or any other compensation or be subject to injunction if the Owner breaches this sub-clause.

12. Security interests and sub-hire

1. The Hirer must not create, purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the equipment other than with the express written consent of the Owner.
2. The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment to anyone else unless the Owner (in its absolute discretion) first consents in writing. Any such sub0hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this agreement.
3. The Hirer may not vary a sub-hire without prior written consent of the Owner (in its absolute discretion).
4. The Hirer must ensure that the Owner is provided at all times with up -to-date information about the sub-hire including identify of the sub-hirer, the terms of and the state of accounts and payments under the sub -hire and the location and condition of the equipment.
5. The Hirer must take all steps including registration under PPS Law as may be require to.