Allmax Scaffolding Pty Ltd
Conditions of Hire
1. Definitions
In these Conditions of Hire: –
A. The “Owner” is Allmax Scaffolding Pty Ltd;
B. The “Hirer” is the person, company or business identified on the front of the quote or otherwise agreed between the Owner and Hirer;
C. “Equipment”, unless a contrary intention appears, includes all scaffolding, scaffolding related goods (including handrails ) and other goods supplied by the Owner to the Hirer for a fee pursuant to this contract.
D. The “Period of Hire” shall –
a. Commence from:
i. The commencement date and time as shown on the quote, or, as agreed in writing between the Owner and the Hirer and;
b. Cease:
i. When the Equipment is returned to the Owner (either on the date and atthe time specified on the quote, or, as agreed in writing between the Owner and Hirer); or
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- ii. On the Owner repossessing the Equipment.
E. The “Contract” includes these Conditions of Hire, our quote, delivery docket and any other accompanying documentation which the Owner and Hirer may enter into.
2. Use of Equipment
A. The Hirer shall at all times use the Equipment in a skilful and proper manner and shall at his own expense service, clean and maintain the Equipment in good and substantial repair and condition, reasonable wear and tear excepted;
B. All costs incurred by the Owner arising out of any failure by the Hirer to properly clean the Equipment will be added to the invoice total;
C. The Hirer shall not permit the Equipment to be used or transported outside of the state within which it was hired and, further, shall not permit the Equipment to be used or transported more than 100 kilometres from the site identified on the quote.
D. Before using the equipment the Hirer shall examine the Equipment and satisfy himself as to the quality of fitness for the purpose of the Equipment;
E. If the Equipment is defective for the purpose of the Hirer:-
a. It shall be returned immediately to the owner with written notice of the defect or unsuitability; or
b. The Hirer shall notify the Owner who shall exchange the Equipment;
F. The Hirer acknowledges that he is not relying on any representations made by or on behalf of the Owner in respect of the Equipment or its performance.
3. Damage to Equipment and Loss of Equipment
A. During the Period of Hire the Hirer shall be responsible for any loss or damage to the Equipment whether such loss is caused by the negligence of the Hirer or any person under his control or for any other reason whatsoever;
B. Where the Hirer is responsible for damage to the Equipment the whole or any part of the cost of replacement or repair to the Equipment will be added to the invoice total;
C. Where Equipment is not returned to the Owner by the Hirer, or the Equipment is not returned to the Owner within 2 days of the expiration for the Period of Hirer, the Owner shall be at liberty to immediately notify the police of the circumstances and may take any civil or criminal action as it deems necessary for the recovery of possession of the Equipment or the value of the Equipment at the commencement of the Period of Hire. The Owner shall not be responsible to the Hirer for any loss or damage, injury, fine or costs incurred or sustained by the Hirer in respect of any costs, losses or damages arising from such actions.
D. The Hirer indemnifies the Owner in respect of all actions, claims, suits, demands or expenses of the Hirer or any other person or entity in relation to or arising out of the use or possession of the Equipment by the Hirer or any person under his control during the Period of Hire.
4. Hiring Charges
A. During the Period of Hire, the Hirer shall be responsible for any loss or damage to property of, or personal injury to, third parties resulting from or which is incidental to the use or possession of the Equipment. The Hirer shall indemnify and keep indemnified the Owner in respect of all such actions, claims, demands or expenses of the Owner and any other person in relation to or arising out of the use of the Equipment under this Contract.
B.
a. In the event of a breakdown or failure of Equipment or defect in the Equipment becoming apparent during the Period of Hire, the Hirer shall return immediately or notify the owner;
b. The Hirer shall not repair or attempt to repair or cause any repair to be made tothe Equipment without prior consent of the Owner;
c. If the breakdown or failure is caused by reasonable wear and tear or a defect in the Equipment at the commencement of Period of Hire, and was not caused or contributed to by misuse or negligence of the Hirer or any person under his control, the Period of Hire shall cease on return or notification to the Owner.
C. In no event shall the Owner be responsible for any expenditure, damages, sum fordelay, inconvenience or loss incurred by the Hirer arising out of any breakdown or failure and or defect in the Equipment whether caused by fair wear and tear, lack of repair, negligence or any other reason whatsoever.
D. No Conditions or warranties shall be implied in these conditions of Hire except to the extent that any condition or warranty maybe included or be implied by statute andmay not be excluded by agreement. Any condition or provision inconsistent with such implied condition or warranty shall be of no force and effect to the extent of that inconsistency.
5. Termination by the Owner
A. The Owner may, notwithstanding the specified Period of Hire or any wavier of some previous default by the Hirer, terminate this Agreement and repossess the Equipment:
a. If the Hirer shall fail to pay any hiring charges within thirty days of the due date; or
b. If the Hirer does or permits any act or thing to be done which may cause the Owner’s right in the equipment maybe prejudiced; or
c. If the Hirer should become or is made insolvent or bankrupt or makes any arrangement or composition with his creditors or should any order be made or resolution passed for its winding up; or
d. If the Hirer commits any breach of these Condition of Hire.
B. For the purpose of repossessing the Equipment the Owner may enter into or upon any premises where the Equipment may be to recover the Equipment from the Hirer, without prejudice to the rights of the owner and recover from the Hirer in respect of any claims, damages or expenses arising out of any action taken under this clause.
C. On the Owner repossessing the Equipment the determination of the Period of Hire shall be without prejudice to any claim or demand the Owner may have against the Hirer in respect of any matter or thing arising out of the hire of the Equipment AND the Hirer shall pay to the Owner hiring charges at the rate appearing on the quote (or as agreed in writing between the Owner and Hirer) for the period of hire up to the time of reposession.
6. Assignment
A. The Hirer shall not sell, transfer, assign, part with possession, mortgage, charge or encumber the Equipment.
B. This Hirer shall not sell, transfer, assign, part with possession, mortgage, charge of encumber any right or obligation under this Contract without prior written consent of the Owner, which consent may be withheld at the Owner’s discretion.
7. Payment and Charges
A. The Hirer shall pay the Owner on determination of the Period of Hire the following:-
a. In the case of all Equipment the hiring charges;
b. The amount of any loss or damage to the Equipment, subject to the Contract;
c. The amount of tolls, levies, charges or like charges paid or payable by the owner to any government body in respect to use of the Equipment;
d. The cost of freight and other charges incurred by the Owner inrespect of delivery or return of the equipment;
e. Any costs incurred by the Owner in repossessing the Equipment in accordance with the Contract;
f. The amount of any fines or penalties paid or payable by the Owner in respect of any offences committed by the Hirer;
g. Any and all erection and / or dismantle fees charged by the Owner calculated by reference to the quote, or, as agreed between the Owner and Hirer;
h. Any other costs, charges or expenses contemplated by the Contract.
B. Accounts not paid within terms will be subject to penalty interest at the rate of 10%p.a.
C. Any legal fees and commissions arising from the collection process of otherwiseunpaid overdue accounts are payable by the Hirer.
D. Any cancellations or postponements required to a scheduled job must becommunicated to the Owner no later than 24 hours before the scheduled job – a charge equivalent to 50% of the erection fee will otherwise apply for notice of change less than 24 business hours
E. Waiting time charges of $1 per man / minute may apply when our teams are delayed.
8. Previous Negotiations of Scaffolding Hire
Any previous negotiations, understandings, written or oral representation, warranties, memorandum or commitments in relation to the equipment are suspended by these conditions and no amendments to these conditions shall bind the parties unless in writing and executed by or on behalf of the Owner.
9. Hirer’s Warranty
The Hirer warrants that it has all necessary insurances, staff training and Work Health and Safety policies in place.
10. Governing Law
The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with this contract.