Terms & Conditions

1. Definitions

Delivery Location means the location the Equipment is to be collected described in the Reference Schedule.

Equipment means the items described in the Reference Schedule.

Fuel Level means the level of fuel described in the Reference Schedule as at the Hire Commencement Date.

GST means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the GST Law.
GST Amount means an amount equal to the GST payable on the Hire Fee, calculated by multiplying the Hire Fee by the prevailing GST rate as provided by GST Law.
GST Law means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).
Hirer means the party hiring the Equipment as specified in the Reference Schedule.
Hire Fee means the amount specified in the Reference Schedule.
Hire Period means the period commencing on the Hire Commencement Date and ending on the Hire End Date, as set out in the Reference Schedule.

Insurance Requirements means the insurance requirements described in the Reference Schedule.

Maximum Daily Distance means the maximum daily distance the Equipment can be driven as described in the Reference Schedule.

Maximum Daily Usage means the maximum daily usage the Equipment can be used as described in the Reference Schedule.

Owner means the party providing the Equipment for hire as specified in the Reference Schedule.

Return Location means the location the Equipment is to be returned on the Hire End Date described in the Reference Schedule.

Security Deposit means the amount described in the Reference Schedule.

2. Hire of Equipment

2.1 The Owner agrees to hire the Equipment to the Hirer for the Hire Period, subject to these Terms and Conditions.

2.2 The Hirer acknowledges receipt of the Equipment in good working order and condition, including the Fuel Level.

3. Payment

3.1 The Hirer must pay the Hire Fee and any Security Deposit to the Owner.

3.2 Payment must be made in accordance with the payment terms specified in the Reference Schedule.

3.3 The Security Deposit (if any) will be refunded to the Hirer upon return of the Equipment in good condition, subject to any deductions for loss, damage, or failure to comply with the fuel return requirements or usage limits.

3.4 Unless otherwise explicitly agreed to by each of the parties, any taxes (which may include but are not limited to GST), duties (including stamp duty) levies, charges or imposts payable in respect of this Agreement or the transactions contemplated by it will be paid by the Hirer.

4. GST

4.1 Unless otherwise explicitly agreed to by each of the parties, the Hire Fee payable under this Agreement excludes GST.

4.2 In the event that GST is payable on the hire made under or in connection with this Agreement, the Hirer will pay to the Owner an amount equal to the GST payable on the Rental ("the GST Amount"), calculated by multiplying the Rental Price by the prevailing GST rate.

4.3 The Hirer must pay the GST Amount to the Owner at the same time and in the same manner as the Hire Fee is payable.

4.4 Any obligation on the Hirer to pay the GST Amount under this clause is conditional on the Owner providing to the Hirer a valid tax invoice in accordance with GST Law.

4.5 This clause will survive the Termination or expiration of this Agreement.

5. Use of Equipment

5.1 The Hirer must:

(a) use the Equipment only for its intended purpose;

(b) operate the Equipment in accordance with all applicable laws and manufacturer’s instructions;

(c) not alter, modify, or repair the Equipment without the Owner’s prior written consent;

(d) keep the Equipment in their possession and control at all times during the Hire Period.

5.2 The Hirer must not sub-hire or otherwise part with possession of the Equipment without the Owner’s prior written consent.

5.3 Maximum Usage

(a) The Hirer must not use the Equipment for more than the Maximum Daily Usage during the Hire Period.

(b) The Hirer must not operate or cause the Equipment to travel more than the Maximum Daily Distance during the Hire Period.

(c) If the Hirer exceeds the Maximum Daily Usage and/or Maximum Daily Distance, the Hirer must pay additional charges as specified in the Reference Schedule or as otherwise reasonably determined by the Owner.

6. Maintenance, Fuel, and Repairs

6.1 The Hirer must keep the Equipment clean and in good working order during the Hire Period.

6.2 The Hirer must immediately notify the Owner of any loss, damage, or malfunction of the Equipment.

6.3 The Owner is responsible for repairs due to fair wear and tear. The Hirer is responsible for all other repairs or replacement costs.

6.4 Fuel Consumption and Return

(a) The Hirer is responsible for all fuel consumed during the Hire Period.

(b) The Equipment must be returned with a full tank of fuel, or at the same fuel level as at the commencement of the Hire Period, as specified in the Reference Schedule.

(c) If the Equipment is not returned with the Fuel Level at Commencement, the Owner may refuel the Equipment and deduct the cost of fuel, plus a refuelling service fee of $4.40 per litre from the Security Deposit or charge the Hirer directly.

7. Insurance

7.1 The Hirer must maintain insurance as specified in the Reference Schedule and as otherwise required under this Agreement.

7.2 The Insurance must include coverage for physical loss or damage to the Equipment for such amount as the Owner may direct from time to time.

7.3 The Insurance must include coverage for third party liability and public liability in relation to bodily injury, death, and property damage for such amount as the Owner may direct from time to time.

7.4 The Insurance must include coverage for workers' compensation as required by law.

7.5 Upon the Owner’’s request, the Hirer must supply the Owner with evidence of the Insurance.

8. Return of Equipment

8.1 The Hirer must return the Equipment to the Return Location on or before the Hire End Date in the same condition as received, fair wear and tear excepted, and with the Fuel Level at Commencement as set out in clause 5.4.

8.2 If the Equipment is not returned on time, the Hirer must pay additional hire fees as specified in the Reference Schedule or as otherwise reasonably determined by the Owner.

8.3 If the Equipment is returned having exceeded the Maximum Daily Usage hours or Maximum Daily Distance, the Hirer must pay additional charges as specified in the Reference Schedule or as otherwise reasonably determined by the Owner.

9. Liability and Indemnity

9.1 The Hirer is liable for any loss or damage to the Equipment (other than fair wear and tear) during the Hire Period.

9.2 The Hirer indemnifies the Owner against all claims, losses, damages, costs, and expenses arising from the Hirer’s use or possession of the Equipment, except to the extent caused by the Owner’s negligence.

9.3 To the maximum extent permitted by law, the Owner expressly disclaims all conditions and warranties of any kind including but not limited to implied warranties that the Equipment is fit for a particular purpose.

9.4 The Hirer hereby agrees that the Hirer is solely responsible for evaluating the Equipment and for determining whether the Equipment is fit for the Hirer's purpose.

9.5 The Hirer hereby agrees that the Owner is not liable for any direct, indirect, consequential or incidental loss or damage which may result from the Hirer's use of the Equipment. For the sake of clarity, in no event will the Owner be liable for any consequential, indirect, incidental, special or punitive damages of any kind including but not limited to any damages for loss of revenue, profits, interruption of business, or loss of data, even if the possibility of such loss was made known to the Owner.

9.6 Notwithstanding any contrary provision of this Agreement or elsewhere, and to the maximum extent permitted by law, the cumulative liability of the Owner to the Hirer in connection with this Agreement, in relation to any cause of action or future claim, and including any liability for negligence, for breach of this Agreement or under any law or indemnity, will be limited to the amount paid by the Hirer under this Agreement.

9.7 The Owner's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

9.8 This clause will survive the Termination or expiration of this Agreement.

10. Termination

10.1 The Owner may terminate this agreement immediately by written notice if the Hirer breaches any term of this agreement.

10.2 Upon termination, the Hirer must immediately return the Equipment to the Owner.

11. General

11.1 This agreement is governed by the laws of Victoria, Australia.

11.2 Any variation to these terms must be in writing and signed by both parties.

11.3 If any provision of this agreement is invalid or unenforceable, it will be severed and the remaining provisions will continue in full force and effect.

12. Interpretation:

In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:

(a) Words referring to one gender include every other gender.
(b) Words referring to a singular number include the plural, and words referring to a plural include the singular.
(c) If a word or phrase is defined in this Agreement then any grammatical variations of that word or phrase have a corresponding meaning.
(d) Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa.
(e) Any reference to time is a reference to time in Victoria.
(f) In the event that something must be done under this Agreement on or before a particular date, if that date falls on a day which is not a business day, then that thing must be done on or before the next business day.

(g) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
(h) Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.
(i) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it.
(j) A reference to legislation or any part or provision of that legislation includes any subordinate legislation, any amended legislation, and any substituted legislation issued under that legislation.
(k) A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time.
(l) A reference to a Party also includes that Party's successors, assigns, legal personal representatives and/or any person that is substituted by way of novation.
(m) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.