1. The daily rate of hire stated here is based on the plant being used for 12-hour day only.
2. A weekly rate of hire stated here is based on the plant being used for only five, six or seven days of the week and on the basis of a 12-hour day.
3. Plant shall not be used in excess of periods allowed in Clauses 1 and 2 here of without the express authority of Agnes Hire in writing.
4. Agnes hire will at the hirers request arrange delivery and collection of the plant.
5. Hiring charges shall commence from the time the plant is collected by the hirer from Agnes Hire premises until the return form is signed on behalf of the hirer. Should the item of plant be delivered by Agnes Hire to the hirer’s request then hire charges shall commence from the time the plant leaves Agnes Hire premises.
6. The hirer takes the equipment hired on the express condition that the owner gives no warranty undertaking or promise of any kind whatsoever as to the condition state of repair or fitness of the equipment hired, nor as to the suitability of the equipment hired for the work undertaken with it by the hirer, and the hirer shall use equipment hired entirely at his her own risk. The hirer shall consequently have no claim of whatsoever nature or kind against the owner by reason of the condition or of the state of repair of the equipment hired or by reason of the same not being fit for any purpose or by reason of any injury suffered by him/her or other persons resulting from operation of the equipment hired whether correctly or incorrectly or otherwise howsoever arising and the hirer shall hold the owner safe harmless and the indemnified against all claims actions and proceeds on account of or touching or concerning any of the aforesaid matters and against all costs.
7. The hirer acknowledges that he/she has inspected the goods and (a) is satisfied that the goods are in clean condition and in good substantial order and condition and (b) is aware of the proper use of which the goods are designed.
8. Notwithstanding anything herein contained, the hirer hereby acknowledges that no warranty or condition expressed or implied is given by Agnes Hire as to the condition of the goods or as to the suitability of fitness of the goods for any purpose.
9. The hirer must pay the charges at the rate and in the manner specified from the commencement date of the hire until the goods are returned to the premises of Agnes Hire in a clean condition, in good and substantial working order as suitable for rehire. If the goods are not returned in this condition, then the hire period shall then continue until the goods are restored and compensation being in clause in accordance with Clause 18.
10. In the event of the hirer requesting Agnes hire to transport the goods to and from Agnes Hire premises, the hirer shall pay Agnes Hire at charges and expenses in addition to the hire charges. Hire charges, delivery and collection charges or other charges where applicable are payable on a strictly net cash basis unless otherwise specified.
11. The hirer and the rights of the hirer are not assignable to any person or persons or company whatsoever.
12. Unless otherwise stated the words “The hirer” includes their servants, agents, and contractors of the hirer.
13. It is the hirer’s responsibility to check quantities delivered and no claim for shortages or miss deliveries will be recognised unless noted in writing within 24 hours of delivery. Unless Agnes Hire receives such a claim then the hirer acknowledges that the goods delivered where those listed.
14. The hirer will use the goods in the skilful and proper manner and for the purpose for which such goods were designed and will comply with this at his/her own expense with all notices directions and legal requirements of all government authorities’ acts of parliament and regulations in any way relating to the goods. The Hirer warrants that he/she is fully aware of the correct procedures of the use of the goods and is satisfied that the goods are adequate for their intended use and knowledge in receipt of safety instructions for the operation of the goods.
15. The Hirer will:
a) keep the goods maintained and in clean condition and good sustainable working order and repair.
b) service of good at its own expense, in a skilful and proper manner and supply all oil and grease necessary for service and maintenance.
c) repair all punctured tyres at its own expense and in the event of a tyre being damaged beyond repair replace the said tyre with a new tyre of similar specifications.
d) supply at its own expense all fuel necessary for the operation of the goods.
e) give Agnes Hire access to the goods for inspection at any reasonable time and without Agnes Hire giving prior notice in that regard.
16. In the event of any breakdown or failure of the goods the hirer will not have any repairs affected thereto by any person other than an employee of Agnes Hire or such person as Agnes Hire may nominate.
17. In the event of a breakdown, which in the opinion of Agnes Hire is caused by fair wear and tear Agnes Hire will at its own expense restore the goods to working order as quickly as is reasonably possible.
18. If upon return of the goods they are found not to be in a clean condition and or not in good and substantial order and repair the hirer shall pay Agnes Hire the costs and expenses of restoring the goods to clean condition And or good and substantial order and repair.
19. The hirer accepts full responsibility to compensate Agnes Hire for the value of the goods or parts thereof which may become lost or stolen from the time of commencement of the hirer until the goods are returned to Agnes Hire premises or collected by Agnes Hire Agnes hire will not be responsible for delays in deliveries and pickups , this shall be prejudiced or prejudiced by other right under this agreement.
20. Compensation to Agnes Hire for goods not returned in the condition shall be calculated at:
a) The replacement cost of such goods, or
b) The cost of Labour and materials necessary to restore the goods to a clean condition and goods and substantial repair and working order and repair as suitable for rehire at the election of Agnes Hire
21. Notwithstanding anything herein contained it is expressly understood by the hirer that the onus rests with the hirer to ensure that the goods are returned to Agnes Hire premises at the expiration of the hire. Agnes Hire will not be responsible for delays in deliveries and pickups.
22. The Hirer indemnifies and holds indemnified Agnes Hire from claims Actions suits demands costs and expenses in any way arising from the use of the goods between the commencement of the hire and the return of the goods to Agnes Hire where the cost by the negligence of the hirer, his/her servants or agents or by negligence of any other person whatsoever or arising from the condition of the goods or use to which they are designed or otherwise whatsoever.
23. This agreement may be terminated by Agnes Hire giving the hirer 24 hours’ notice.
24. If the hirer makes default in the compliance or performance of any part of the above terms and conditions Agnes Hire may without notice to the hirer determine the hiring and the possession of the goods. For the purpose the hirer hereby authorises Agnes Hire, its service servants an agent to enter upon Premises in the occupation of the hirer to search such premises and remove goods there herein.
25. Notwithstanding anything here on contain Agnes Hire shall not be liable to the hirer or any person for any loss or damage to any person or property associated by the hire or operation of the goods whether such loss or damage is associated by the fault or where of the goods or otherwise .
26. In the event of any dispute or deference including all financial disputes between the Hirer and Agnes Hire arising out of the contract and the terms and conditions of the hire, either party may give to the other written notice identifying that dispute or difference, and after the expiry of Seven (7) days of the giving of that notice that dispute or difference unless settled shall be and is hereby released to the arbitration of a single arbitrator appointed by the Masters builders Association of QLD the decision of such arbitrator shall be final.
27. The hirer agrees to any financing statements and registration costs required of it pursuant to this clause to be registered at such times and in such manner as reasonably dictated by Agnes Hire. Everything Agnes Hire is required to do under this clause is at the hirers expense and the hirer agrees to pay or reimburse the reasonable costs of Agnes Hire in connection with anything Agnes Hire is required to do under this clause. Agnes Hire will not give any notice under PPS law (including a notice of verification statement) unless the notice is required by PPSA law and the requirement to give it cannot be excluded, or has not been excluded by this clause. Agnes Hire and the hirer must not, without the consent of the other of them, disclose any information of the kind referred to in section 275 of the PPS Act , except where otherwise permitted by this agreement or required by law including where required under the section 275 of the PPS act because of the operation of section 275 (7) of the PPS act the hirer represents and warrants that the description of the equipment (including a serial number if any) in this agreement or any related document is correct. Agnes Hire and the hirer agree that the following provision of the PPS act do not apply to the management and rental agreement or this agreement (or a document or transaction in connection with them on), to the extent that the PSSA law permits the parties to contract out of such provisions.
28. The Hirer will pay interest to Agnes Hire on all accounts due beyond 30 days from the end of each month at the rate of 15% per annum.
29. The property in good shall remains with Agnes Hire until this invoice is paid in full.
30. All of the above conditions where applicable to the sale of goods.
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