1. DEFINITIONS
1.1 The Owner is THE LORD FAMILY TRUST RiteWay Hire.
1.2 The equipment means all the Equipment, accessories and parts supplied to the Customer.
1.3 The Customer is the person, firm or corporation hiring the Equipment from the Owner as specified above. The person signing on behalf of the Customer warrants that such person is the Customer or is duly and properly authorised to act as agent for the Customer. The Owner may request proof of identity of the Customer.
2. HIRING PERIOD
2.1 The Hiring Period shall be as specified over or as otherwise varied by subparagraph 2.2 herein, which ever shall be the greater.
2.2 The Hiring Period commences from the time the Equipment leaves the Owner’s premises and ends upon its return.
2.3 Extensions of the Hiring Period shall otherwise be by consent of the Owner.
3. ADDITIONAL CHARGES
The Owner may require the Customer to pay Additional Charges in respect of and calculated as follows:
3.1 return of Equipment outside the Hiring Period is at the discretion of the Owner;
3.2 freight and other charges for the delivery, installation, collection or pick-up of the Equipment by the Owner;
3.3 any cost by the Owner in the cleaning of the Equipment after hire;
3.4 the cost of rectifying any damage to the Equipment caused by the Customer’s use thereof;
3.5 all fines and penalties paid or payable by the Owner caused by the Customer’s use of the Equipment;
3.6 repossession costs incurred by the Owner pursuant to clause 14 or otherwise;
3.7 all stamp duty or other statutory charges that may arise pursuant to this contract;
3.8 the cost of consumable items supplied by the Owner and used by the Customer;
3.9 all operating costs of the Equipment during the period of hire incurred by the Owner;
3.10 the cost of replacement of any Equipment lost or stolen during the Hiring Period;
3.11 any set up, folding, stacking, bagging and/or service calls carried out at the Customer’s request.
4. SECURITY DEPOSIT
The Owner may require a Security Deposit from the customer prior to and as a condition of the commencement of the Hiring Period and shall be permitted to deduct from the Security Deposit any Additional Charges or other moneys due but unpaid in respect of use and hire of the Equipment.
5. USE OF EQUIPMENT
5.1 The Customer acknowledges that it has examined the Equipment and the accessories prior to taking possession hereunder and that it is in clean and good working order and condition (except for any defect noted in Schedule One) and agrees to inspect the Equipment periodically (at least every day of hire) and to maintain the Equipment in a safe, secure and proper working condition.
5.2 The Customer acknowledges that it has received full and adequate instructions from the Owner as to the operation and safe use of the Equipment.
5.3 The Customer shall use the Equipment only:
5.3.1 in a skillful and proper manner and only for the proper purpose for which is was manufactured and intended;
5.3.2 in accordance with all relevant provisions of law and statute.
5.4 The Customer shall:
5.4.1 be responsible for the safe keeping and protection from loss or theft of the Equipment;
5.4.2 pay all operating expenses in connection with the use of the Equipment;
5.4.3 forthwith notify and return the Equipment to the Owner if the Equipment breaks down or fails during the Hire Period. The Customer shall not repair or attempt to repair the Equipment;
5.4.4 return the Equipment properly cleaned and in good repair at the expiration of the Hiring Period to the address designated on the front hereof;
5.4.5 not operate the Equipment in a careless or negligent manner at excessive speed or whilst intoxicated;
5.4.6 not permit the use of the Equipment by anyone other than the Customer, the Customer’s employer or employee and shall ensure that any operator possesses any license as may be required by statute or otherwise;
5.5 The Customer agrees that the Owner’s identifying marks, including logos, trade marks, service marks and trade name may appear on the Equipment while in use by the Customer.
6. DELIVERY/PICK UP
The Customer grants the Owner or its agent or sub-contractor the right to enter any premises for the sole purpose of delivery, installation, pick-up or removal of the Equipment.
7. DAMAGE
Any damage suffered by the Owner arising from this agreement or any breach thereof shall include but not be limited to any damage (whether direct or consequential):
7.1 resulting from the misuse of the Equipment by the Customer;
7.2 arising from claims against the Owner in respect of the use of the Equipment by the Customer;
7.3 resulting from any delay or inconvenience caused by the break-down, failure or defects in the Equipment caused by the Customer’s use;
7.4 necessary repair and replacement of tyres
7.5 such damage shall not include reasonable wear and tear of the Equipment.
8. LIABILITY
8.1 The Owner shall not be liable to the Customer in respect of;
8.1.1 any expenditure, damages and/or loss to the Customer due to breakdown or failure of Equipment resulting from fair wear and tear, negligence or default on part of the Owner or any other reason whatsoever;
8.1.2 delay in delivery of the Equipment caused by or in any way incidental to any strike, lock out, trade dispute, fire, tempest, break-down, riot, theft, crime disturbances, war, force majeure, legislation, the inability of the Owner to procure necessary parts or labour due to any of the foregoing causes, or any other occurrences preventing or retarding the performance of the hire of the Equipment and no responsibility or liability shall be attached to the Owner for any delay, default, loss or damage due to any of the above causes or any other cause beyond the control of the Owner;
8.1.3 any personal injury or property damage caused by ordinary wear and tear of the Equipment, unavoidable accident or improper or careless use of the Equipment by the Customer;
8.1.4 any damage resulting from the hire and subsequent use of Equipment by the Customer that is not covered by the Owner’s insurance policy.
8.2 The Customer shall maintain liability, properly and casualty insurance in amounts necessary to fully protect the Owner and its Equipment against claims or damage of whatever nature or type.
8.3 The Customer waives any and all claims against the Owner for loss or damage to property transported in the Equipment.
8.4 The Customer is responsible for loading and unloading any goods, the Customer agrees to assume the risk of and indemnify the Owner from any property damage or personal injury, including damage or personal injury, including damage or injuries attributable to the negligence of the Owner, including its employees.
9. INDEMNITY
The Customer assumes all risks inherent in the operation and use of the Equipment by it or its agent. The Customer agrees to assume the entire responsibility for the defence of, and to pay, indemnity, and indemnify and release the Owner from any and all claims for damage to property or bodily injury (including death) or for loss of time or inconvenience resulting from the use, operation, or possession of the Equipment, whether or not it be claimed or found that such damage or injury related in whole or in part from the Owner’s negligence, from the defective condition of the Equipment, or from any cause.
10. NEGATION OF WARRANTY
10.1 The Owner does not warrant that the Equipment hired by the Customer is of merchantable quality or fitness for the purpose required by the Customer, either express or implied, other than as provided by statute.
10.2 The Owner does not warrant that the Equipment is free from defect.
10.3 The Owner does not warrant anything which extends beyond the description on the face hereof.
11. THEFT/CONVERSION
11.1 The Customer shall be liable for the replacement value of the Equipment if stolen during the Hiring Period.
11.2 The Customer shall not sell or offer for sale, assign, mortgage, pledge, underlet, lend or otherwise deal with the Equipment or with any interest.
11.3 Failure, refusal or neglect to return the Equipment after the Hiring Period has expired, or the presenting of false, factious or misleading identification to the Owner may be construed as evidence of an intention to fraudulently convert the Equipment.
12. TERMINATION AND REPOSSESSION
12.1 The Owner may terminate this agreement and repossess the Equipment if any hiring or Additional Charges are not met by the due date, where the Owner’s rights in the Equipment may be prejudiced, if the Customer becomes or may become insolvent, bankrupt, the subject of creditor agreements or otherwise insolvent or upon any other breach by the Customer of this agreement.
12.2 The Owner shall be permitted to enter into in or upon any premises where the Equipment may be held to repossess the Equipment as herein provided for and the Customer indemnifies the Owner in relation to any costs, claims, or damages arising out of such entry.
13. PRIVACY ACT AUTHORITY
For the purpose of assessing the credit worthiness of the Customer from time to time and the collection of payments, the Customer hereby irrevocably authorises the Owner, its servants and agents to make such enquiries as they deem necessary including, but not limited to, making enquiries with and obtaining reports (as may be allowed by law) from any persons nominated by the Customer as trade referees, the Customer’s creditors, bankers and financiers, credit providers, mortgage and trade insurers and credit reporting agencies and the Customer agrees and consents to those nominated persons providing to the Owner such information as is requested by them and permitted to be given by law for the aforesaid purpose. The Customer also consents to the Owner disclosing the contents of any credit report or personal information to a credit information file in relation to the Customer.
14. VARIATION AND TERMS AND CONDITIONS
The terms and conditions herein can and shall only be varied by the Owner’s consent and shall in no way release the Customer from any other obligation or requirement set out herein. Variation shall include assignment of this contract.
15. ACCEPTANCE OF TERMS AND CONDITIONS
The Customer acknowledges that it has read and accepted these terms and conditions notwithstanding any inconsistencies which may be introduced by terms and conditions contained in the Customer’s order unless the terms and conditions herein are so varied.
