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Gatton Equipment Hire

(07) 5317 6003
mandy@gattonequipmenthire.com.au

Hire Equipment Terms & Conditions

The following agreement outlines the terms and conditions to be met between the customer and supplier.

 

  • The Customer wishes to hire certain Asset/s specified in the Order Details

  • The Supplier has agreed to hire such Asset/s to the Customer, subject to the Hire Terms and Conditions set out below

  • The Supplier and the Customer enter into this Agreement to formalise the hire of the Asset/s (as requested by the Customer and subsequently accepted by the Supplier) as specified in the Order Details

  • By submitting an Order Request, the Customer is stating their intention to agree with the hire of the Asset from the Supplier, as specified in the Order Details, in accordance with the terms and conditions of this Agreement

  • Upon acceptance of the Order Request by the Supplier, the Order Details and the terms and conditions of this Agreement shall constitute a separate, legally binding hire agreement relating to such Order

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1. Definitions 

1.1 The following definitions apply in this Agreement:

 

Agreement                                              means this agreement between the Supplier and the Customer for the supply of                                                                   the Hired Asset

Appointee                                               

  1. The Supplier

  2. All officers of the Supplier (whether or not in executive positions)

  3. All persons authorised by the Supplier from time to time to execute cheques on the Supplier’s behalf and

  4. All agents of the Supplier (duly appointed in writing by the Supplier)

 

Asset                                                      means the goods or services offered by the Supplier for hire 

 

Authorisation                                         includes any kind of authorisation required by any Government Authority, and by                                                                  or under any law

 

Business Day                                          means any day other than a Saturday, Sunday or public holiday in Brisbane,                                                                         Queensland

 

Daily Hire Fee                                         means the daily hire fee (24hr period) as shown on the listing and as specified in the Order Details

 

Default                                                    has the meaning given in clause 15

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Delivery Address                                    means the delivery location as specified in the Order Details

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End Date                                                 means, subject to clause 15, the end date as specified in the Order Details

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Gatton Garden Equipment Hire (GGHE) means Gatton Garden Equipment Hire

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Government Authority                            includes any government or governmental agency, excluding the Customer

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GST                                                          means the same as ‘GST Law’ in A New Tax System (Goods and Services Tax)                                                                      Act 1999 (Cth)

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Hire                                                         means the hire of the Hired Asset/s under this Agreement

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Hired Asset/s                                         means the property, plant, equipment, vehicle and/or other Asset/s listed in the                                                                    Order Details and includes any part of, or accessory to, such items

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Hire Fee                                                  means the hire fee specified in the Order Details and otherwise as calculated in                                                                     accordance with clause 3 of this Agreement

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Hire Period                                              means the date period and number of days hired as specified in the Order                                                                             Details

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Maintenance Repairs                             means maintenance repairs in respect of the Hired Asset for damages, carried                                                                     out by an Approved Repair Provider

 

Maintenance Services                            means maintenance services in respect of the Hired Asset carried out by Gatton                                                                  Garden Equipment Hire 

 

Obligations                                             mean all of the liabilities and obligations of the Customer under or because of                                                                       this Agreement or any other transaction or circumstances relevant to the Hired                                                                     Asset/s

                                                                

Order                                                       means the booking or order requested by the Customer and subsequently                                                                              approved by the Supplier for the hire of the Asset/s from the Supplier

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Return                                                     means delivery of the Hired Asset/s to the Customer by clause 14

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Return/Pickup Address                          means the return location as specified in the Order Details

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Site                                                          means the Gatton Garden Equipment Hire place listed on Order Details

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Start Date                                               means the start date as specified in the Order Details

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Statutes                                                  include any Federal, State or Territory legislation and any subordinate legislation                                                                  (including any order or notice thereunder)

2.  Hire and Hire Term

2.1 The Supplier agrees to hire the Asset/s to the Customer, and the Customer agrees to hire the Asset/s from the Supplier on the terms and conditions of this Agreement and as specified in the Order Details. The hire shall be for the Hire Period unless sooner terminated or later extended by the Agreement

 

2.2 Any extensions of the Hire Period must be specifically requested by the Customer (and subsequently accepted by the Supplier) before the end of the Hire Period. The Customer agrees to pay the total price for the extension as specified in the Order Details, including any applicable GST, shipping, delivery, security deposit and any other charges relevant to the extension of the Hire Period

 

2.3 If the Hired Asset/s remains in the possession of the Customer at the end of the Hire Period and no extension has been requested in 

accordance with clause 2.2:

  1. The Customer must pay to the Supplier an additional amount of a Daily Hire Fee for each day until the Hired Asset has been delivered to the Supplier and the Supplier has accepted the Hired Asset by clause 14. The Daily Hire Fee will be payable weekly in arrears 

  2. The Customer will become a licensee from week to week only and on the same terms and conditions as in this Agreement

 

3. Hire Fee

3.1 The Customer agrees to pay the Hire Fee specified in the Order Details for the Hire Period, which is inclusive of any applicable shipping fees, delivery fees, GST, third-party payment processor fees and/or security deposits to the Supplier through the nominated bank account

          a)      unless specified otherwise in the Order Details, in full on or before the Start Date and

          b)      in advance and

          c)      free from any withholding or deduction

 

3.2 The Customer agrees to pay a security bond, refundable upon satisfactory return of the Hired Asset/s, subject to inspection

 

4. Other Money’s 

4.1 The Supplier’s listing may include a security deposit to be paid by the Customer and held through the nominated bank account at the time of the Order. The Order Details shall outline the security deposit requirements for the hire of a particular Asset/s, and the security deposit must be paid before the Start Date

 

4.2 Once the Asset/s has been returned to the Supplier, upon payment by the Customer of all additional monies due and payable under this Agreement, and following inspection of the Asset by the Supplier, provided the Supplier has satisfied that, as a minimum;

           a)    no damage, except for ordinary and reasonable wear and tear, has occurred to the Asset;

           b)    the Asset has been returned complete with all accessories and

           c)    the Asset has been returned clean of all foreign matter

the Supplier will approve the refund of the security deposit to the Customer

 

4.3 If, on inspection, the Supplier determines that the Asset/s have been returned damaged, incomplete, or excessively dirty, the Supplier shall be entitled to negotiate an additional fee directly with the Customer

           

4.4 If the Customer fails to pay any monies owing to the Supplier (including additional fees as per the Suppliers post hire inspection of the Asset) under this Agreement, the Supplier shall be entitled to claim all or part of the security deposit on account of such monies owing. The remainder of the security deposit will be approved by the Supplier to be returned to the Customer through the nominated bank account

 

4.5 Any disputes between the Customer and the Supplier in respect of the bond/security deposit shall be dealt with by clause 22 of this Agreement

 

5. Payments 

5.1 The Customer agrees to pay to the Supplier through the nominated bank account amounts due under this Agreement at the time of the booking

 

5.2 The Customer agrees to make all payments under this Agreement absolutely, unconditionally, and without any set-off, deductions or withholding whatsoever

6. Cancellations

6.1 Orders and Order Requests can be cancelled by a Customer. For confirmed Orders, in the event of cancellation by the Customer, the following cancellation fees will apply:

  1. If a cancellation request is received after the Asset/s have been dispatched for shipping/delivery to the Customer (regardless of the number of days in advance of the Start Date), a fee shall be charged for the amount of one day’s hire and shipping/delivery fees as per the Order. The Customer will then be entitled to a refund of the balance of the Hire Fee

  2. If a cancellation request is received 2 business days or more before the Hire Period and the Asset has not been dispatched for shipping/delivery to the Customer or the Order is not subject to shipping, the Customer will be entitled to a refund of the total amount of the Hire Fee; and

  3. If a cancellation request is received less than 2 business days before the Start Date, a fee shall be charged for the amount of one day’s hire and shipping/delivery fees as per the Order. The Customer will then be entitled to a refund of the balance of the Hire Fee

 

6.2 For cancellation requests received after the start of a Hire Period, no refund shall apply

 

6.3 Cancellation fees may be charged by withholding monies from payments already made by the Customer

 

6.4 If a Supplier cancels a confirmed Order before the Start Date, the Customer will be refunded the total Hire Fee for the Order

 

7. Title to Asset

7.1 The Customer acknowledges that the Supplier retains the Title to the Asset/s and that the Customer has temporary rights to use the Asset/s as a mere bailee only. The Customer agrees that the Customer has no right to pledge the Supplier’s credit in connection with the Asset/s

 

8. Compliance with safety rules

8.1 The Supplier and Customer must comply in all respects with all applicable laws, regulations, requirements and rules reasonably necessary for the safe and lawful operation and/or use of the Asset/s.

 

9. Delivery of Asset

9.1 On and from the Start Date and at the Customer’s own expense, the Supplier shall give, and the Customer shall take possession of the Asset/s

 

9.2 The Customer must make any arrangements necessary to enable the Customer to take delivery of the Asset/s. The Supplier will not be liable for any delay in obtaining, or (where delivery is made by a third party acting as an agent of the Customer or of the Supplier or otherwise) refusal of, delivery or for any damage to the Asset/s in the course of delivery

 

9.3 The Customer acknowledges that the Supplier will use reasonable endeavours to ensure the timely delivery of the Asset/s for the Start Date, but has not given any warranty or representation that delivery of the Asset/s will be at the agreed date or time of delivery. The Customer’s obligation to make payment under this Agreement will not be affected by any delay in delivery, howsoever caused.

 

9.4 Before taking delivery of the Asset/s, the Customer will inspect the Asset/s at the time of delivery to assess the Asset’s conditions and specifications

 

9.5 The Customer acknowledges that, in taking delivery of the Asset/s, the Customer agrees that the Asset/s comply with its description, are of merchantable quality and are fit for the Customer’s purpose

 

9.6 Subject to the guarantees contained in sections 56 and 57 of the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), which apply to a consumer, the Customer is deemed to have accepted the Asset/s unless they notify the Supplier to the contrary at the time of delivery. If the Supplier accepts that the Asset/s are not in good condition and/or the specifications are not correct, the Supplier may, at their option, either replace the Asset/s or terminate this Agreement and refund any Hire Fee paid by the Customer

10. Possession and use of the Hired Asset

10.1 The Customer agrees that it may only use the Hired Asset/s in accordance with the Supplier’s requirements notified to the Customer from time to time by the Supplier. The Customer agrees that such requirements include that it may only use the Hired Asset/s:

           a)    in the State or Territory of the Customer’s address

           b)    by all applicable laws, including, but not limited to, the Work Health and Safety Act 2011 (Qld) and Work                         Health and Safety Regulations 2011 (Qld) and any laws having a similar effect in the Commonwealth and                         other States, and Territories of Australia relating to the use of the Asset/s and associated operations;

           c)    for the sole purpose of its normal business operations

  1. by all manufacturers’ or relevant third-party suppliers’ recommendations; and

  2.  for the purpose for which the Hired Asset/s can reasonably be regarded as having been hired by the Customer

 

10.2 The Customer shall ensure that:

           a)    it retains the sole possession of the Hired Assets/s;

           b)    no other interest is created (by anyone other than the Supplier or as approved in writing by the Supplier)                       relevant to the Hired Asset/s (including any sub-hire and any interest as an assignee)

  1. it shall place, retain and maintain such identification markings on the Hired Asset/s as the Supplier requires from time to time

  2. except to the extent agreed in writing by the Supplier, it agrees that the location of the Hired Asset/s will be the Hire Location specified in the Order Details

  3. all persons operating the Asset/s are a) instructed in its safe and proper use, b) where required, hold valid proof of training or are fully licensed to use the Asset/s and c) are not affected by drugs and/or alcohol

  4. the Asset/s are only used for their intended purpose

  5. it complies with all Work Health and Safety laws and regulations relating to the use of the Asset/s and associated operations

  6. it exercises such reasonable care that an experienced and prudent operator of similar equipment to the Asset/s would exercise when using or operating the Asset/s

  7. any damage to the Asset/s is repaired and made good by good industry practice unless otherwise directed by the Supplier
     

10.3 The Customer warrants and agrees that

           a)     before taking delivery of the Asset/s, the Customer will provide the Supplier with suitable identification.                          The minimum acceptable identification should be a 

                   form of photo ID (driver’s licence or passport), emailed or photographed, and retained by the Supplier for                      the Hire Period 

           b)     the Customer’s vehicle is suitable for towing the Asset/s (where applicable) and

           c)     all persons operating the Asset/s are instructed in its safe and proper use, and where required, hold valid                      proof of training or are fully licensed to use it (including but not limited to a current driver's licence or valid                    operating licence, or permit for the particular Asset/s hired)

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10.4 The Customer must:

           a)     give the Supplier such access as the Supplier requests from time to time about the Hired Asset/s. Such                           access obligations includes the obligation to give the Supplier the right to 

  1. inspect and make reproductions, adaptations and transmission of any records relating to the Hired Asset/s

  2. make inspections relating to the Hired Asset/s (including their condition, and any removal or de-installation of them)

           b)     give such access to the Supplier within 24 hours of the Supplier’s request (except in circumstances                                deemed by the Supplier to constitute an emergency, in which case the Customer shall allow such access                      immediately on request)

           c)     allow the Supplier access in relation to the Hired Asset/s (including records about the Hired Asset/s).                              Such access shall be given to the Supplier at such times and such locations as the Supplier requires in                            reasonable advance notice (except in the case of an emergency or following the occurrence of a Hire                            Default, when no notice is required)

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10.5 If the Customer does not provide access by clause 10.4b), the Supplier will not be liable for any loss or damage that the Customer may incur or suffer either directly or indirectly as a consequence of the Customer’s breach of the clause.

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11. Supplier Obligations

11.1 The Supplier must ensure at all times:

           a)     the Asset/s are properly serviced, in proper working order and condition and in good and substantial                              repair before being dispatched for hire to the Customer, and

           b)     the Asset/s are capable of being operated fully and efficiently or used (as the case requires) for the                                purpose and to the capacity, for which the Asset/s were intended at the date of its acquisition by the                              Customer for this Agreement.

12. Risk

12. 1 The Customer agrees to use, operate and possess the Asset/s at the Customer’s risk. The Customer agrees that the Supplier will have

no responsibility or liability for any loss or damage to any property of the Customer.

 

12.2 The Customer will be fully responsible to the Supplier for any loss or damage to the Asset/s during the Hire Period (however occasioned), excluding normal wear and tear. The Customer must give reasonable notice to the Supplier in writing of any such loss or damage over normal wear and tear.

 

13. Loss and damage to the Hired Asset

13.1 The Customer shall immediately notify the Supplier if all or any part of the Hired Asset/s is lost, damaged or destroyed. The Customer shall give the Supplier full details of the relevant circumstances at the time of giving such notice. The Customer shall also provide the Supplier with any additional information the Supplier requests regarding the circumstances immediately upon request.

 

13.2 If the Supplier considers that the loss, damage or destruction is such that it is not economical to repair it, the Supplier may request the Customer to immediately deliver the Hired Asset/s (or any relevant parts of the Hired Asset/s) to the Supplier. The Customer shall immediately comply with any such request.

 

13.3 If all or any part of the Hired Asset/s is damaged, lost or stolen during the Hire Period, the Supplier may, in its absolute discretion:

           a)        direct the Customer to:

                      I)  repair the Asset/s such that the Asset/s are in the same condition as when the Asset/s were delivered                             to the Customer or

                      II) replace the Asset/s with new equipment of the same make, model and specifications that is                                             satisfactory to the Supplier or

           b)        invoice the Customer for the Repair or Replacement costs of the Asset/s

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14 General liability, release and indemnity

14.1 The Customer will use the Asset/s at its own risk

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14.2 The Customer assumes all liability for loss or damage or injury to persons or property, or to a third party arising out of the use, installation or possession of the Asset/s unless recoverable from the Supplier due to the failure of any statutory guarantee under the ACL

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14.3 To the greatest extent permitted by law, the Customer releases the Supplier from liability for any loss, damage, injury, cost or expense suffered or incurred by the Customer or a third party arising from or incidental to the Customer’s use or possession of the Asset/s, except to the extent that it is caused by our negligent or wilful act or omission

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14.4 The Customer shall fully indemnify the Supplier and keep the Supplier indemnified against all losses, costs, expenses, damages and liabilities which may be suffered or incurred by the Supplier in any way (directly or indirectly) relating to or as a result of any of the following:

           a)        any Hire Default

           b)        any use, operation, repair, maintenance or storage of the Hire Asset/s by any person other than the                                 Supplier

           c)        this Agreement being, in whole or in part, void, voidable or unenforceable for any reason 

           d)        the Hired Asset/s (including its use) being involved in the loss, damage, injury or death of or to any                                 person or property

           e)        the Supplier's liability for income tax is increased or payable earlier because the Supplier is unable to                             claim income tax deduction which an owner of the Hired Asset/s would normally be able to claim

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15 End of the Hire Period

15.1 At the end of the Hire Period (or earlier termination of the Hire Period), the Customer shall return the Hired Asset/s to the Supplier (unless the parties have agreed otherwise in writing). The Customer shall bear all costs and expenses of doing so. The Customer shall deliver up the Hired Asset/s to the Return/Pickup Address. At the time of doing so, the Customer shall deliver all records and other documents maintained and kept by the Customer in respect of the Hired Asset/s. If the Customer complies with this clause, there is no outstanding likely Hire Default and the Hired Asset/s is delivered up in a state which complies with this Agreement, the Supplier shall mark the hire as complete and notify the Customer of the same.

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15.2 The Customer irrevocably authorises the Supplier to take possession of all and every part of the Hired Asset/s if the Customer does not deliver the Hired Asset to the Supplier according to clause 14.1

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15.3 The Customer agrees that for this purpose, the Customer irrevocably authorises the Supplier and its employees, contractors and agents to enter (and the Supplier and its employees, contractors and agents may enter) the Hire Location (in either case without notice, liability, or legal processes). The Customer agrees that none of the Supplier, its employees, contractors and agents shall be liable for (and shall separately indemnify each of them against) any loss, damage, costs or expenses  in connection with the such taking of possession (including any breaking open of entry points or storage areas, and any detaching or dismantling of the Hired Asset/s from any premises to which it has been affixed)

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16 Default

16.1 Each of the following circumstances is a Hire Default for this Agreement. A circumstance shall be so, regardless of whether its occurrence was within the control of the Customer:

           a)        the Customer does not fully observe any of the Obligations

           b)        any representation made by or on behalf of the Customer in connection with this Agreement (whether                           before or after this Agreement) is or becomes 

                       incomplete or inaccurate in any respect

           c)        the Customer fails to comply with any undertaking given to the Supplier, or with any conditions imposed                          by the Supplier in connection with the giving of any consent relating to the Hired Asset/s

           d)        any financial commitments of the Customer (whether or not relating to the Hired Asset/s) are not fully                             and strictly observed

           e)        the whole or any part of this Agreement is, becomes or is claimed by any person to be or become void,                         voidable or unenforceable

           f)         it is or becomes unlawful for the Customer to perform any Obligation

           g)        the Customer fails to fully comply with any law (whether or not about the Hired Asset/s)

           h)        any circumstances occur (including the occurrence of any changes in any legal or management                                     structure affecting the Customer), which the Supplier considers could affect the ability or willingness of                         the Customer to satisfy this Agreement (including the Obligation)

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16.2 If there is a Hire Default, the Parties agree that

           a)        if the Supplier so declares in writing, all unpaid monies which are (both presently and in the future) part                          of the Obligations shall be immediately due and 

                       payable by the Customer, and the Customer shall ensure immediate Payment

           b)        the Supplier may treat the Hire Default as a repudiation of this Agreement by the Customer

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           c)        Clause 15.3 will apply

17 Expenses

17.1 The Customer shall, on demand, pay or as the case may be, reimburse and indemnify the Supervisor against, losses, costs, expenses, damages and liabilities suffered or incurred by the Supplier in any way connected with this Agreement about the Hired Asset/s and also about any exercise or preservation of the Supplier’s rights under this Agreement in respect of the Hired Asset/s.

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18. GST

18.1 GST is payable for any supply by the supplier in respect of the full hire fees.

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19. General exclusion and operation of laws

19.1 Nothing in this Agreement excludes, restricts or modifies any condition, warranty right or liability implied in this Agreement or protected by law to the extent that such exclusion, restriction or modification would render this Agreement or any provision of this Agreement void, illegal or unenforceable. Subject to that, any condition, warranty, right or liability which would otherwise be implied in this Agreement or protected by law is excluded and the Supplier shall be under no liability to the Customer in respect of any loss or damage (including loss of profits, loss or revenue, loss of opportunity, loss of use, loss of goodwill or any other direct or indirect loss or damage whatsoever) whether arising in contract, tort (including negligence), equity, under statute or any other principle of law.

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19.2 The Customer acknowledges that:

           a)        at no time before entering into this Agreement has it relied on the skill or judgement of the Supplier, and                              that it would be unreasonable for the Customer to rely on any such skill or judgement 

           b)        where any acquisition of goods under this Agreement has been made by reference to a sample or                                      demonstration model, before entering into this Agreement, the Customer has been given a reasonable                              opportunity

           c)        to satisfy itself that the goods correspond with the sample or demonstration model as to quality, state, and                       condition

           d)        to examine the sample or demonstration model for any apparent defects, and that it has availed itself of                              that opportunity

 

20. Waiver

20.1 No right under this Agreement shall be deemed to be waived except by notice in writing signed by each Party.

 

21. Variation

21.1 The provisions of this Agreement shall not be varied, except by agreement in writing signed by the Parties.

 

22. Disputes

22.1 Before instituting proceedings in connection with this Agreement, the Parties must:

           a)        formally refer the dispute to their respective managers or responsible persons for considerations

           b)        if the respective contract managers are unable to resolve the dispute after five (5) days (or such other                               period as agreed between the Parties) from the date 

                       of referral, refer the dispute to the respective Party or the executive officer of the Party

           c)        in good faith, explore the prospect of mediation

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22.2 Nothing in this clause shall prevent a Party from seeking urgent equitable relief before an appropriate court.

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23. Supplier’s rights

23.1 Any express statement of a right of the Supplier under this Agreement is without prejudice to any other right of the Supplier expressly stated in this Agreement or existing at law. 

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24. Severability

24.1 If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this Agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

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25. Governing law

25.1 This Agreement will be governed by and construed according to the laws of Queensland. The Parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts. 

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