Terms and Conditions

All hires are subject to Quick Equip’s terms and conditions. Download a copy of our terms here.

1.0 DEFINITIONS

Owner means Quick Equip Pty Ltd (ABN: 44 654 538 753) trading as Quick Equip

Customer means the person or entity hiring the Equipment as named in the Hire Schedule

Equipment means the items for hire listed in the Hire Schedule

Fees means the fees and charges payable by the Customers under these Terms for the hire of the Equipment

Hire Contract means these Terms and the Hire Schedule.

Hire Period means the period described in clause 3.

Hire Schedule means the document provided by the Owner to the Customer which includes details of the Equipment hired, the Fees, the Hire Period, and other administrative details.

Off-Hire means when the Customer no longer requires the Equipment and it is available for collection by the Owner.

Insurance has the meaning set out in clause 11.

Operator means an employee or agent of the Owner supplied to the Customer to install, operate or maintain the Equipment.

PPSA means the Personal Property Securities Act 2009 (Cth).

Premises means the premises denoted in the Hire Schedule that the Equipment will remain at for the Hire Period.

Related Body

Corporate has the same meaning as in the Corporations Act 2001.

Special Conditions means any special conditions applicable to certain items of Equipment as determined by the Owner.

Terms means these general terms of hire, as amended from time to time.

2.0 HIRE OF EQUIPMENT

2.1 The Owner agrees to hire the Equipment to the Customer for the Hire Period subject to the Hire Contract.

2.2 The Hire Contract sets out the terms of the hire agreement between the Owner and the Customer. The provision or acceptance of a Hire Schedule shall not form a separate agreement but shall constitute part of this Hire Contract.

2.3 Unless expressly agreed otherwise by the parties in writing, these Terms override and supersede any agreement or understanding between the parties and any other documents, including, without limitation, any terms and conditions contained in a purchase order.

3.0 HIRE PERIOD

3.1 The Customer is entitled to use the Equipment for the Hire Period specified in the Hire Schedule. Any variation to this period must be agreed by the parties.

3.2 The Hire Period commences at the earlier of when the Customer collects or takes possession of the Equipment or when the Owner delivers the Equipment in accordance with the Customer’s instructions.

3.3 The Hire Period includes weekends and public holidays.

3.4 The Hire Period ends when the Equipment is in the Owner’s possession or when it is agreed between the parties.

4.0 TITLE TO EQUIPMENT

4.1 The Customer acknowledges that in all circumstances the Equipment remains the sole property of the Owner and in all circumstances the Owner retains title to the Equipment. The rights of the Customer to use the Equipment are as a bailee only. In no circumstances will the Equipment become, or be deemed to be, a fixture. The Customer has no right or property in the Equipment.

4.2 The Customer will not be entitled to offer, sell, assign, sub-let, mortgage, pledge or otherwise deal with the Equipment in any way which is inconsistent with the rights of the Owner as owner of the Equipment.

4.3 The Customer must not, without the Owner’s written permission, move the Equipment out of position or move the Equipment from the Premises as detailed in the hire schedule. Any expense of moving the Equipment pursuant to this clause 4.3 will be an additional charge to the Customer.

4.4 The Customer acknowledges that the Owner may hire or lease Equipment from a third party (Third Party Owner), and if this occurs, title in the Equipment remains with the Third Party Owner.

5.0 PPSA

5.1 .Despite anything else in this Hire Contract, without the express written consent of the Owner, the Hire Period (including any option or extension of it) must be less than 2 years.

5.2 In this clause words and expressions that are not defined in these terms but that have a defined meaning in the PPSA have the same meaning as in the PPSA.

5.3 Notwithstanding anything to the contrary expressed in, or implied by, these terms, the Customer acknowledges and agrees that:

a) (Owner retains full title) the Owner retains full title to the Equipment and no title to any of the Owner’s Equipment will at any time pass to the Customer;

b) (mere bailee) the Customer has the right to possess the Equipment as mere bailee only and the Customer must deal with the Owner’s Equipment in a manner that enables them to be clearly identified as belonging to the Owner;

c) (PPSA applies) the PPSA applies to the provision of the Equipment by the Owner to the Customer;

d) (grant of security interest) by entering into this lease, the Customer grants to the Owner a security interest in the Equipment (the Security Interest) to secure:

i. the Owner’s interest in the Equipment; and

ii. all monies payable by the Customer to the Owner from time to time under this lease or otherwise on any account whatsoever;

e) (registration of Security Interest) the Security Interest may be registered on the Register and the Customer must without delay do all things required to effect such registration and give the Security Interest the best priority possible;

f) (Customer received value) the Customer received value for the Security Interest at the time at which the Customer first took possession of the Equipment and the parties have not agreed to postpone the time for attachment of the Security Interest;

g) (assets located in Australia) the Equipment was located in Australia at the time at which the Customer first took possession of the Equipment and the Customer must ensure that the Equipment remain located in Australia throughout the Lease Term;

h) (book debts and accounts receivable) the Security Interest extends to all present and after-acquired property and proceeds including book debts and accounts receivable arising from any of the Customer's dealings with the Equipment;

i) (breach of other security interest) in respect of any other security interest that has been granted to any third party in respect of the Equipment, any conduct of any person (whether of the Customer or any third party) that results in any exercise of rights under the PPSA is deemed to be a breach of this lease; and

j) (additional assets) any property that is added to the Equipment during the Lease Term and that is not specifically set out in this lease is deemed to form part of this lease and is subject to the terms of this lease.

Customer's covenants in relation to the Owner’s Assets

5.4 The Customer must:

a) not grant any security interest or other Encumbrance over any of the Equipment (whether under the PPSA or any other Law) to any third party unless the Customer has obtained the prior written consent of the Owner (which the Owner may withhold or delay at its absolute discretion). The Customer must provide any information that the Owner reasonably requires in order to consider whether to grant any such consent;

b) not sell, assign, let, sub-let, lend, pledge, mortgage, hire or otherwise part with possession of, deal with or create any Encumbrance over, the Equipment (or agree, attempt, offer or purport to do so) without the prior written consent of the Owner (which the Owner may withhold or delay at its absolute discretion);

c) deliver up the Equipment at the end of the Lease Term;

d) give to the Owner and its Agents and authorised representatives the right to:

i. enter any premises occupied by the Customer and any premises where the Owner reasonably believes any of the Equipment may be stored (without liability for trespass or any resulting damage); and

ii. use the name of the Customer and act on its behalf, if necessary, to recover possession of the Equipment;

e) unconditionally indemnify and keep fully indemnified the Owner and its Agents and authorised representatives on demand from and against any and all costs that may be suffered or incurred by any of them as a direct or indirect result of any such recovery or attempted recovery of the Equipment from the Customer’s possession or control (and the Owner holds the benefit of this clause ii for its and as agent and trustee for and on behalf of its Agents and authorised representatives); and

f) hold the proceeds, book debts and accounts receivable arising from any selling or hiring of the Equipment on trust for, and as agent of, the Owner immediately when they are receivable or are received.

Waiver of PPSA rights

5.5 The Customer hereby waives its rights under the PPSA to:

a) receive a copy of any notice under the PPSA (including any verification statement or financing change statement and any notice that the Owner intends to sell the Equipment or retain the Equipment on enforcement of the Security Interest) unless the notice is required to be given by the PPSA and contracting out of the giving of the notice is prohibited by Law;

b) object to a proposal by the Owner to dispose of, purchase or retain any of the Equipment in satisfaction of any obligation owed by the Customer to the Owner;

c) receive a statement of account following the sale of any of the Equipment; or

d) redeem any of the Equipment.

5.6 In respect of the Equipment, the Customer must not:

a) give, or allow any person to give, to the Owner:

i. a written demand requiring the Owner to register a financing change statement under the PPSA; or

ii. an amendment demand; or

b) enter into, or allow any other person to enter into, the Register a financing change statement under the PPSA.

5.7 The Owner is not required to respond to any request made under section 275 of the PPSA and neither the Customer nor the Owner will disclose:

a) any information of the kind set out in section 275(1) of the PPSA to any person whatsoever; or

b) any other information relating to Owner’s Assets or the Security Interest to any interested person unless required to do so under the PPSA.

Enforcement

5.8 The enforcement provisions contained in this lease are in addition to any rights available to the Owner under the PPSA and apply to the maximum extent permitted by Law.

5.9 Without limitation to clause 5.8 or any other provision of this lease, the parties hereby contract out of sections 125, 129(2), 142 and 143 of the PPSA.

6.0 FEES AND OTHER CHARGES

6.1 The Customer agrees to pay the following Fees to the Owner:

a) HIRE: The hire charges set out in the Hire Schedule. The Customer is not entitled to any discount or refund if the Equipment is not used by the Customer for any part of the Hire Period. Additional hire charges may apply if the Equipment is used in excess of 8 hours in any day. The Owner reserves the right to increase the hire charges annually.

b) The Customer must contact the Owner by 5.00pm on the day before the expiry of the Hire Period. The Owner will issue an Off-Hire number which must be recorded and kept by the Customer. Provided the Off-Hire number is allocated no later than 5.00pm on the day before the expiry of the Hire Period, and the Owner has access to collect the Equipment, hire charges will cease from the expiry of the Hire Period. If the Owner is unable to collect the Equipment due to the actions of the Customer, or the Equipment is not ready to be collected, hire charges will continue to apply until the Owner is able to collect the Equipment.

c) CONSUMABLES: Unless otherwise specified in the Hire Schedule, the cost of all consumables and fuel provided by the Owner and/or used by the Customer during the Hire Period.

d) TAX AND GOVERNMENT CHARGES: GST and all other applicable taxes, duties, levies, penalties, road tolls, and any other government charges arising out of the Hire Contract. This includes any fines or penalties arising out of the Customer’s use or transport of the Equipment.

e) CREDIT CARD PAYMENTS: Any surcharges incurred by the Owner when payment of the Fees is made by the Customer in such a way that attracts a surcharge.

f) DELIVERY & INSTALLATION: If the Customer requires the Owner to deliver, collect or install the Equipment, the Customer shall be liable for the cost of delivery, collection, installation, mobilisation, demobilisation, transport, packing, crating, changing out, site access costs, any site induction charges and any other costs incurred by the Owner in delivering, collecting or installing the Equipment.

g) LATE RETURN OF EQUIPMENT: If the Equipment is not in readiness for collection by the Owner or has not been returned to the Owner by the expiry of the Hire Period, the Customer will be charged an additional full day’s hire for each day past the expiry of the Hire Period that the Equipment is not returned to the Owner, plus any costs incurred under clause 6.1(b).

h) INSURANCE: Requirements set out under clause 11.

i) CLEANING & REPAIRS: If the Customer does not return the Equipment in clean and good working condition, or if the Equipment needs to be pumped out and/or cleaned at the end of the Hire Period, the Customer will be responsible for the cost incurred for the cleaning and repair of the Equipment.

j) LABOUR: Any additional labour charges for overtime, loadings, penalties, allowances, shift work, weekends, standby, public holidays, meals, travel and accommodation, incurred by the Owner and payable to Operators in accordance with their terms of engagement.

k) TRAINING – If you request training on the use of Equipment which is provided by the Owner’s employees, labour charges will be payable.

l) ENVIRONMENTAL CHARGE: May be payable where detailed in the Hire Schedule.

m) LATE PAYMENT: If a Customer does not pay the amount of invoiced Fees by the payment due date, an administrative fee of 2% per month on outstanding Fees may be imposed. In addition, the Customer indemnifies the Owner for all expenses and legal costs incurred by the Owner as a result of the Customer’s failure to pay the Fees by the payment due date.

6.2 The Customer is required to pay all Fees within 30 days of the invoice date unless agreed otherwise.

6.3 The Owner is entitled to set off any amount it owes the Customer, against any amount that the Customer, or any of the Customer’s Related Bodies Corporate, owes the Owner.

7.0 OBLIGATIONS OF THE PARTIES

7.1 POSSESSION AND USE BY CUSTOMER: The Hire Contract is personal to the Customer and the Customer will not, without the prior written consent of the Owner:

a) Allow any other person or entity to use or have possession of the Equipment at any time during the Hire Period or while the Equipment is otherwise in the possession or custody of the Customer.

b) Create, purport to create, or permit to be created any “security interests” (as defined in the PPSA) in the Equipment.

c) Sub-hire or cross hire the Equipment to a third party.

d) Use the Equipment off-shore, underground or in a mine, in an area where friable asbestos is present, or move the Equipment over water.

e) Remove the Equipment from the State or Territory in which the Premises is located.

7.2 OPERATION OF EQUIPMENT BY CUSTOMER: The Customer agrees that at all times it will, at its own cost:

a) Operate the Equipment safely, strictly in accordance with all laws, only for the purpose for which it was designed by the manufacturer, and in accordance with the manufacturer’s instructions and manuals.

b) Ensure persons operating the Equipment are competent, suitably trained, and instructed in its safe and proper use and where necessary hold a current certificate of competency and/or are licensed to use it.

c) Display, maintain and draw attention to safety signs and instructions (as required by law), and ensure that instructions are observed and signs are not removed or defaced.

d) Maintain appropriate records of any servicing or maintenance carried out on the Equipment (which must be performed by a properly qualified mechanic) and a weekly running sheet of the Equipment in a form acceptable to the Owner which shows the level of usage by the Customer. The Customer is responsible for performing daily pre-starts on the Equipment and reporting any faults to the Owner prior to using the Equipment and in any event within 24 hours.

e) Ensure all persons operating the Equipment wear suitable clothing and protective equipment and are not under the influence of drugs or alcohol.

f) Conduct a site hazard assessment prior to using the Equipment.

g) Check and maintain all fuel, fuel additives, fluid and lubrication requirements for the Equipment on a daily basis in accordance with the manufacturer’s instructions, and the adhesive signage on the Equipment.

h) Use only fuel, oil, coolant and lubricants specified by the Owner or the manufacturer of the Equipment.

7.3 INSTALLATION AND OPERATION OF EQUIPMENT BY OWNER: If the Owner installs the Equipment, or supplies an Operator with the Equipment, then for that relevant part of the Hire Period:

a) The Operator will work in co-operation with the Customer who must consult with and fully brief the Operator on the proposed task, the site, site conditions, matters affecting the health and safety of the Operator and other relevant matters including information requested by the Owner.

b) The Customer will not allow any other person to operate the Equipment without the Owner’s prior written consent.

c) The Owner will ensure that the Operators are appropriately trained and possess all required licences to operate the Equipment.

d) The Owner will not be liable to the Customer for any acts or omissions of the Operator where they are acting under the Customer’s direction or control.

7.4 SAFEKEEPING & CLEANING: The Customer must, at its own cost, ensure that during the Hire Period (and until the Equipment is in the possession of the Owner) the Equipment is:

a) Stored safely and securely and is protected from theft or seizure.

b) Not contaminated with any hazardous substances (including asbestos). The Customer must advise the Owner of any risks of hazardous substance contamination to the Equipment as soon as it becomes apparent. Where Equipment may have been subjected to contamination, Customer must effectively decontaminate the Equipment, as well as provide Owner with written records of decontamination processes applied. If, in the Owner’s reasonable opinion, the Equipment is not capable of being decontaminated, the Customer agrees to pay for the replacement cost of the Equipment.

c) Emptied of waste.

d) Kept in good working condition.

e) Serviced and maintained by a properly qualified mechanic at regular intervals and as otherwise required.

7.5 ALTERATION AND IDENTIFYING MARKS: The Customer must not:

a) Alter, modify, or tamper with the Equipment without the Owner’s prior written consent;

b) Alter, remove, deface or erase any identifying mark, plate, number, notices or safety information on the Equipment.

c) Remove fuel or oil tank caps, bund plugs or seals from the Equipment.

7.6 SUITABILITY: The Customer is deemed to be satisfied as to the suitability, condition and fitness for purpose of the Equipment unless the Owner is otherwise notified within 24 hours of the commencement of the Hire Period. The Owner will not be liable for any loss suffered by the Customer as a result of the Equipment not being suitable or fit for purpose.

7.7 INSPECTIONS: The Customer consents to the Owner inspecting the Equipment from time to time during the Hire Period. In addition, the Customer may arrange a joint inspection with the Owner at the end of the Hire Period.

7.8 SAFE LOADING:

a) The Customer will safely secure all Equipment (or items loaded in or on the Equipment) loaded in or on the Customer’s vehicle.

b) Any specifications, dimensions or weights of the Equipment provided by the Company are indicative in nature only and may not be specific to the actual Equipment delivered to the Customer. The Customer is responsible for ensuring that any machines used to lift the Equipment, or any surfaces where the Equipment is placed, can tolerate the specification, weight and dimensions of the Equipment. The Customer indemnifies the Company for any loss or damage that may occur from a failure to comply with this sub-clause.

7.9 ELECTRICAL TESTING & TAGGING: Any electrical Equipment will be tested and tagged before it is hired to the Customer. During the Hire Period, the Customer is responsible, at its own expense, for arranging the re-testing and re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements by a properly qualified person. The Customer will be liable for any damage caused to the Equipment resulting from incorrect testing or tagging during the Hire Period.

8.0 DELIVERY AND RETURN OF EQUIPMENT

8.1 Equipment will be delivered, or deemed to be delivered, when it is delivered to the Premises. If no such address is nominated then delivery will be deemed to occur at the time when the Equipment is ready for collection at the Owner’s premises.

8.2 The Customer authorises the Owner to deliver the Equipment to the Premises and to leave it at such place whether or not any person is present to accept delivery. The Owner shall not be liable on any basis whatsoever for loss suffered by the Customer after delivery to the Premises.

8.3 The Owner will not be obliged to obtain a signed receipt or other acknowledgement from any person at the Premises but if a signed receipt or other acknowledgement is obtained from someone believed by the Owner to be authorised by the Customer to take delivery, then such signed receipt or other acknowledgement shall be conclusive evidence of the Customer’s acceptance of the Equipment delivered.

8.4 Any notified times for delivery are estimates only and the Owner shall not be liable to the Customer for any loss or damage from any failure by the Owner to deliver, or for a delay in delivery of, Equipment whether or not the delay is beyond the control of the Owner.

8.5 The Customer will not be relieved of any obligation to accept the Equipment or pay the Fees by reason of any delay in delivery.

8.6 Where the Owner cannot access the Premises, the Equipment shall be delivered and left as close as practicable to the Premises. Where the Customer requests the Owner to enter a property to deliver the Equipment, the Owner accepts no responsibility for any loss or damage suffered by the Customer, and the Customer indemnifies the Owner against any loss or damage suffered by the Owner, in doing so.

8.7 The Customer recognises that the Owner is not a common carrier and does not accept the obligation as such. The Owner may refuse the handling, lifting and/or carriage of the Equipment, in its sole discretion and without being bound to give reasons to the Customer for such refusal.

8.8 If the Customer is in breach of the Hire Contract, or if the Owner has terminated the Hire Contract with the Customer pursuant to clause 13, the Owner may take all steps necessary (including legal action) to recover the Equipment, including entering the Premises to do so.

8.9 The Customer must return the Equipment to the Owner in the same clean condition and working order it was in at the start of the Hire Period, ordinary fair wear and tear excepted. Failure to do so will result incur a cost to the customer as per clause 6.1.

8.10 If the Customer has collected the Equipment, it is required to return the Equipment to the same location is was collected from during normal business hours unless otherwise specified by the Owner or agreed by the parties.

9.0 EQUIPMENT BREAKDOWN

9.1 OBLIGATIONS OF CUSTOMER: if the Equipment breaks down or becomes unsafe to use during the Hire Period the Customer shall:

a) Immediately stop using the Equipment and notify the Owner;

b) Take all steps necessary to prevent injury occurring to persons or property as a result of the condition of the Equipment;

c) Take all steps necessary to prevent any further damage to the Equipment;

d) Not repair or attempt to repair the Equipment without the Owner’s written consent;

e) Be responsible for all costs incurred by the Owner in repairing the Equipment, and continue to pay the Fees.

9.2 OBLIGATIONS OF THE OWNER: if the Equipment breaks down or becomes unsafe to use through no fault, negligence, recklessness or misuse by the Customer or the Customer’s employees, contractors or other persons under the control of the Customer, the Owner:

a) Will take all reasonable steps to repair the Equipment or provide suitable substitute Equipment as soon as reasonably possible after being notified by the Customer; and

b) Will not impose a hire fee for that portion of the Hire Period for which the Equipment was broken down or unsafe.

10.0 LOST, STOLEN OR DAMAGED EQUIPMENT

10.1 If the Equipment is lost, stolen or damaged in any way, or by anyone (including third parties) during the Hire Period, the Customer shall be liable for:

a) Any costs incurred by the Owner in recovering, repairing or replacing the Equipment;

b) Any other costs incurred by the Owner as a result of the loss, theft or damage to the Equipment;

c) The Fees for the balance of the Hire Period; and

d) If the Equipment has not been repaired or replaced during the Hire Period, the Customer will continue to pay the Owner a hire fee as if the Equipment were on hire to the Customer, until such time that the Equipment is repaired or replaced.

11.0 INSURANCE

11.1 The Customer must take out and maintain a policy of insurance that covers loss, theft or damage to the Equipment during the Hire Period for not less than the full replacement cost of the Equipment (Insurance).

11.2 A certificate of currency for the Insurance must be provided to the Owner prior to hiring the Equipment and at regular intervals as requested by the Owner throughout the Hire Period.

11.3 Evidence in the form of a certificate of currency of any renewal or change of Insurance must be given to the Owner at its request and in any event prior to the expiry date of the previous certificate of currency.

11.4 The Customer is responsible for any excess and any other costs associated with any Insurance. The Customer is responsible for any shortfall in repair or replacement of the Equipment following payment of any amount received under Insurance.

11.5 If required by the Owner, and if the appropriate consents have been provided under clause 7.1, the Customer must also take out and maintain, for the duration of the Hire Period, Insurance for any Equipment which will be used off-shore, over water or in underground mines. Such Insurance must:

a) Include the Owner as an insured so that the Owner is deemed a separate insured under the Insurance. Any non-disclosure or misrepresentation by one insured must not prejudice the right of the other insured to claim under any Insurance.

b) Cover the Owner’s liability as a principal in connection with the performance of the Hire Contract; and

c) contain provisions where all rights of subrogation or action against any of the persons comprising the insured are waived.

12.0 TERMINATION

12.1 Either party may terminate the Hire Contract immediately by giving notice to the other party if:

a) A party breaches any term of the Hire Contract and fails to remedy that breach within 7 days of written notification of it; or

b) A party becomes bankrupt or insolvent, executes a personal insolvency agreement, enters into liquidation, administration, receivership or ceases to carry on business.

12.2 The Owner may terminate the Hire Contract for any other reason by providing 48 hours’ notice.

12.3 These rights of termination are in addition to any other rights either party has under the Hire Contract and do not exclude any other right or remedy.

13.0 LIABILITY AND INDEMNITY

13.1 Subject to clause 13.2 and except as expressly provided to the contrary in the Hire Contract all guarantees, terms, conditions, warranties, undertakings, inducements or representations, whether express or implied, statutory or otherwise, relating to the Owner’s obligations under the Hire Contract are excluded, to the maximum extent permissible by law.

13.2 Where any Act of Parliament implies a term, condition or warranty in this Hire Contract and that Act prohibits provisions in a contract excluding or modifying the application, exercise or liability under that term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms provided that the liability of the Owner for breach of the term, condition or warranty is limited to (at the Owner’s election):

a) In the case of goods, repair or replacement of the goods or the supply of substitute goods (or the cost of doing so); or

b) In the case of services, supplying of the services again, or payment of the cost of having the services supplied again.

13.3 The Customer agrees that the use of the Equipment during the Hire Period shall be at the Customer’s sole risk and the Owner will not be liable for any damage, loss, or injury that the Customer may incur, or that may arise from any cause whatsoever except the negligence of the Owner, including any fault or other defect in the Equipment.

13.4 Subject to the Owner’s obligations under clause 13.2, and to the maximum extent permitted by law, the Owner’s maximum aggregate liability for all claims under or relating to this Hire Contract or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, or under an indemnity, is limited to an amount equal to the Fees paid by the Customer under this Hire Contract.

13.5 The Owner shall not be under any liability whatsoever to the Customer for consequential, indirect or special loss or damage (including loss of actual or anticipated profits or revenue, economic loss of any kind or any loss suffered as a result of any claims by third parties) in contract, tort (including negligence) under statute or otherwise from or in relation to the Equipment or this Hire Contract, whether or not such loss or damage was foreseeable.

13.6 Except to the extent caused by the negligence of the Owner, the Customer is liable for and indemnifies the Owner, and its directors and employees against all liability, damage, loss (including without limitation loss or damage to any property, or death or injury to any person), costs and expenses (including legal fees and on the higher of a full indemnity basis and a solicitor/client basis, and whether incurred or awarded against the Owner) arising from, or incurred in connection with, the Customer’s hire and use of the Equipment or its breach of the Hire Contract.

13.7 Each indemnity in this Hire Contract is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this Hire Contract. It is not necessary for a party to incur expense or make any payment before enforcing a right of indemnity conferred by this Hire Contract. The Customer must pay on demand to the Owner any amount it must pay under an indemnity in this Hire Contract.

13.8 The Customer indemnifies the Owner for any damage or break down caused by its failure to operate or maintain the Equipment in accordance with clause 7.2 or 7.3, or in accordance with the manufacturer’s or Owner’s instructions.

13.9 Where the Owner gives advice, information, assistance and/or service to the Customer regarding the suitability or purpose of the Equipment, or in connection with the design, delivery times, dimensions, installation or use of the Equipment, the Owner shall not be liable in any way for any damages, losses or costs however arising resulting from the Customer relying on any such advice, information, assistance and/or service.

14.0 TRUST AND TRUSTEES

14.1 Where the Customer is a trustee:

a) The Customer agrees to produce a stamped copy of the trust deed (with all amendments) and accounts of the trust if and when requested by the Owner;

b) The Customer warrants that it has full power and authority to enter into this agreement on behalf of the trust and that it shall be bound by these Terms both personally and in their capacity as trustee irrespective of whether or not it discloses to the Owner that it is a trustee at the time of entering into any credit agreement with the Owner;

c) The Customer warrants that the trust has agreed to indemnify the trustee in respect of all liability incurred by the trustee pursuant to this Hire Contract;

d) The Customer acknowledges that it has entered into this agreement in its capacity as trustee of the trust and also in its own capacity;

e) The Customer warrants that it will advise the Owner in writing of any change to the trustee within 7 days.

15.0 SECURITY

15.1 As security for the Customer’s obligations and liabilities under this Hire Contract, the Customer hereby charges in favour of the Owner all legal, equitable and beneficial interest in real property which it, he or she now or might subsequently acquire a legal or beneficial interest in, and authorise and consent the Owner to lodge and maintain a caveat upon title of the Customer’s real property;

15.2 The Customer shall not object to the lodgement or upholding of the said caveat or take any steps to have any such caveat removed from a state land titles officer register;

15.3 At Customer’s cost, the Customer shall from time to time at the written request of the Owner execute any deed, dealing, or other document which the Owner shall in its absolute discretion require the Customer to execute and do all such other acts and things as the Owner shall consider reasonable for the purpose of preserving, perfecting or protecting the caveat;

15.4 The Customer indemnifies the Owner from and against all of the Owner’s costs and disbursements including legal costs on a solicitor and own Customer basis incurred in exercising the Owner’s rights under this clause.

16.0 GENERAL

16.1 If any part of this Hire Contract becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.

16.2 This Hire Contract is governed by the laws of QLD and each party submits to the exclusive jurisdiction of the courts of QLD.

16.3 The Hire Contract issued to the Customer comprises the entire agreement of the parties.

16.4 The Customer acknowledges that neither the Owner, nor any person acting on the Owner’s behalf, has made any representation or other inducement to it to enter into this Hire Contract and that it has not entered into this Hire Contract in reliance on any representations or inducements (including in relation to the use of the Equipment) except for those representations or inducements contained in the Hire Contract.

16.5 The Owner may assign this Hire Contract to any third party or Related Body Corporate without the Customer’s consent.

17.0 CLAIM FOR PAYMENT

This Hire Contract is a claim for payment under the Building and Construction Industry Security of Payment Act 1999 (NSW), the Building and Construction Industry Security of Payment Act 2002 (VIC), the Building Industry Fairness (Security of Payment) Act 2017 (QLD), the Building and Construction Industry Security of Payment Act 2009 (SA), the Construction Contracts Act 2004 (WA), the Building and Construction Industry (Security of Payment) Act 2009 (ACT), the Building and Construction Industry Security of Payment Act 2009 (TAS), and/or the Construction Contracts (Security of Payments) Act 2004 (NT).

18.0 VARIATION AND PREVIOUS EDITIONS

a) The Owner may vary these Terms from time to time by giving the Customer 28 days’ written notice of the varied Terms. If the Customer has reasonable grounds to believe that the variation will be detrimental to their rights, the Customer may terminate this Hire Contract without penalty by giving the Owner written notice within 28 days of receiving the Owner’s written notice.

b) This edition of the Terms replaces all previous versions of terms and conditions of hire that the Owner has issued.