In these Terms and Conditions of Hire ‘Owner’ means PRESTON SUPERACCESS PTY LIMITED.
The Owner retains the right to refuse or terminate the hire of the equipment at any time by written notice.
a) The period of hire shall be deemed to commence on the day upon which the equipment leaves the Owner’s depot and shall be
deemed to continue until the day upon which it is returned thereto (both days inclusive).
b) Unless expressly stated otherwise in writing by the Owner the Hirer will pay a minimum hire charge as original hire and thereafter hire for any week or thereof will be charged a whole week.
The Hirer shall pay promptly all hire charges as and when they fall due. Unless otherwise expressly provided to the contrary, all hire charges shall be paid within 30 days of the date of invoice for the same.
Unless expressly stated to the contrary, all hire charges are quoted ‘ex depot’. Unless expressly agreed to the contrary, the Hirer shall be responsible for arranging the cartage of equipment from and back to the Owner’s depot and for unloading and reloading of same at the Hire’s site and all cost and expenses in relation thereto. In the event of the Owner agreeing to deliver equipment from or back to the Owner’s depot and or for unloading or reloading of same at the Hirer’s site, the Owner may charge the Hirer for all costs and expenses incurred by the Owner in relation thereto.
If the Hirer makes default in due payment of any invoice or otherwise in the performance or observance of any of the terms or conditions contained herein or if the Hirer goes into liquidation or if a receiver and a receiver and manager of any of the Hirer’s undertakings or assets is appointed or if the Hirer proposes or makes any composition or arrangement with its creditors or if the Hirer becomes bankrupt applies to take the benefit of any law for the relief of bankrupt or insolvent debtors compounds with his creditors or makes as assignment of his remuneration for their benefit, the Owner shall have the right forthwith to terminate hire without notice to the Hirer and then shall be entitled then and at any time thereafter at the expense in all things of the Hirer to enter upon the Hirer’s site or premises with workmen and others and vehicles, cranes and other equipment and remove the equipment therefore but without prejudice to any action or other remedy which the Owner has or might or otherwise could have for arrears of hire-charges or other sums due for any breach of the Hirer’s obligations hereunder or for damages that are a result of any event and thereupon the Owner shall be freed and discharged from any actions suits claims or demands by or obligations to the Hirer under or by virtue of any contract of hire.
Should the Owner be unable to recover all or any part of the equipment on termination of hire, then the Hirer shall on demand pay the Owner the current new or replacement price for any such equipment as per Owner current price list.
During the hiring and until the equipment is redelivered to the Owner, it shall be at the risk of the hirer in all respect. At the termination of the hiring, the Hirer shall return all equipment to the owner complete and in good condition. The Hirer is required to have the equipment insured against all forms of physical loss or damage for not less than (Replacement Value or as per the value established on Owner’s Invoice or Owner’s current price list). The Hirer shall on demand pay the Owner the current price for any equipment not returned and the owner may charge the Hirer for all costs and expenses incurred in relation to repair or refurbishment of any damaged equipment so returned.
The equipment must remain in the Hirer’s possession at all times during the currency of the hiring and must not be transferred to any other sites, persons or Companies without the written permission of the Owner.
The Hirer is responsible for the clearing and preparation of the site in particular to ensure that the foundations upon which the equipment is to erected are sufficiently strong and otherwise suitable for the safe carriage of the equipment and its loads.
The Hirer shall be responsible for obtaining any approval from and giving all or any requisite notices to any relevant authorities and for the payment of all or any fees in connection therewith.
If the Hirer retains possession of all or any part of the equipment after the termination of hire, the Hirer shall pay the Owner as and for liquidated damages for each week and or part thereof that the Hirer retains such equipment the same rates of hire as were payable immediately prior to the termination of hire or such rates as are applicable after any change or variation.
The Owner shall be entitled to affix to the equipment or enface on the equipment before or during hire a sign exhibiting the Owner’s name, address or other detail or information as the Owner thinks fit and the Hirer shall not interfere with remove or obscure such sign.
The Hirer shall not fix any of the equipment so that it becomes a fixture forming part of the freehold.
The Owner may at any time enter upon any site or premises of the Hirer to inspect the equipment while it is in the possession or power of the Hirer.
All overdue accounts and all liquidated damages carry interest at the rate of 2.0% per month (24% per annum) until payment or judgment.
Any stamp duty payable on hire shall be payable by the Hirer and if the Owner pays the same it shall be reimbursed by the Hirer.
The Hirer hereby acknowledges by the signing of this document that he/she has read and or is aware of the price list and schedule of Hire Rates of the Owner operative at the time of hiring.
10% GST is excluded in all hire & services provided.
Delays or waiting time will be charged on labour and transport.
Written acceptance or the delivery or pick up of the equipment constitutes acceptance of items on delivery or return docket and of the Terms and Conditions of Hire.
Current Preston superAccess Rental Price List and any following amended Rental Price List forms part of these Terms and Conditions of Hire.