Hire Agreement

Operative Provisions

1. DEFINITIONS and interpretation

1.1 Definitions

In this Agreement unless inconsistent with the context or subject matter:

(a) Agreement means this Dry Hire Agreement;

(b) Applicable Laws means all acts, legislation and all orders, by-laws and regulations made thereunder in any way governing or affecting the exercise of the parties' rights or the performance of their obligations under this Agreement;

(c) Condition Report means the report which records the condition of the Equipment including its state of wear and tear, cleanliness and the readings on its measurement equipment;

(d) Default Rate means 12% per annum;

(e) Demobilisation means the disassembly and removal of the Equipment from the Site including the removal of all other things belonging to the Owner;

(f) Equipment means the equipment hired by the Hirer from the Owner pursuant to this Agreement, consisting of the Equipment specified in the Hire Schedule;

(g) GST means any tax imposed by or pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Cth) on a supply including where relevant, any related interest, penalty, fines or other charges to the extent that they relate to a supply made under this Agreement;

(h) Guarantor means the Guarantor/s named in the Hire Schedule (if any), jointly and severally;

(i) Hire Price means the price payable for the hire of the Equipment as calculated in accordance with clause 4;

(j) Hire Period means the period within which the Hirer has agreed to hire the Equipment as defined in the Hire Schedule;

(k) Hire Schedule means the Hire Schedule attached to this Agreement and any other Hire Schedule entered into by the parties from time to time;

(l) Loss includes (without limitation) the following, whether direct or indirect, special or consequential in nature:

(i) loss, damage, costs (including legal costs on a solicitor and own client basis), action or expense of any kind; and

(ii) to the extent not covered in the preceding subclause, loss of profits, opportunity, use, revenue, goodwill, bargain, production, sales turnover, income, reputation (or damage to it), employment, corruption or destruction of data, customers, loss relating to or in connection with any other contract, business or anticipated savings, reduction in value, any delay or financing costs or increase in operating costs, or any other financial or economic loss; and

(iii) anything referred to in the preceding subclauses relating to or arising out of or in connection with:

A. personal injury (including death or disease) to the Customer;

B. personal injury (including death or disease) to any third party; or

C. loss of or damage to the property of the Owner, the Customer or any third party; and

D. a breach or non-compliance by the Owner or the Customer with any law;

(m) PPSA means the Personal Property Securities Act 2009 (Cth) and its regulations as amended and in force from time to time;

(n) PPSA Register means the register of security interests established pursuant to the PPSA;

(o) Related Entity has the meaning given to it in section 9 of the Corporations Act 2001 (Cth);

(p) Minimum Hire Period means the Minimum Hire Period referred to in the Hire Schedule;

(q) Mobilisation means the initial transport and delivery of the Equipment and unloading and assembly at the Site;

(r) Operator means in respect of the relevant party, that party’s employee, agent or subcontractor who is authorised and licensed to operate the Equipment under this Agreement;

(s) Personnel means in respect of the relevant party, that party’s employees, agents, directors, officers, representatives, contractors, sub-contractors, and nominees;

(t) Rates of Hire means the hire rates of the Equipment identified in item 5 of the Hire Schedule;

(u) Site means the site address identified in item 7, as varied by agreement of the Owner and the Hirer.

1.2 Interpretation

In this Agreement unless inconsistent with the context or subject matter:

(a) a reference to a person includes any other legal entity and vice versa;

(b) words importing the singular number include the plural number and vice versa;

(d) headings are for reference purposes only and must not be used in interpretation;

(e) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;

(f) a reference to a statute includes all regulations and subordinate legislation and amendments;

(g) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;

(h) a reference to a monetary amount is a reference to an Australian currency amount;

(i) an obligation of two or more parties binds them jointly and each of them severally;

(j) an obligation incurred in favour of two or more parties is enforceable by them severally;

(k) references to time are to local time in Victoria;

(l) where time is to be reckoned from a day or event, the day or the day of the event must be excluded;

(m) a reference to a business day means a day that is not a Saturday, Sunday or public holiday in Victoria;

(n) a reference to a month means a calendar month.

2. HIRE

2.1 The Owner agrees to hire the Equipment to the Hirer for the Hire Period at the Hire Price in accordance with the Hire Schedule on the terms and conditions contained in this Agreement.

2.2 This Agreement will become binding on the Hirer at the earlier of (a) the Hirer accepting a Hire Schedule; or (b) the Hirer giving instructions/request for Equipment; or (c) the Hirer accepting delivery of the Equipment at the Site; or (d) the Hirer collecting the Equipment; or (e) the Hirer making payment of any amount to the Owner in respect of the Equipment.

2.3 If the Hirer requires additional Equipment, then the terms of such hire will be on the terms set out in this Agreement and any subsequent Hire Schedule/quote provided by the Owner to the Hirer. On each further occasion that the Hirer requires the Owner to provide Equipment, the Hirer will notify the Owner, and the Owner has discretion to accept or reject such request. If the Owner accepts such request then it will endeavour to provide a new Hire Schedule or quote for the additional hire to the Hirer (Additional Hire Schedule).

2.4 This Agreement applies to the Hire Schedule and each Additional Hire Schedule provided by the Owner to the Hirer after the Commencement Date.

2.5 Each Hire Schedule, including any Additional Hire Schedule, will be part of this Agreement and will not form a separate contract to it. Hire Schedules can run concurrently and be terminated independently, and termination of a Hire Schedule will not automatically terminate this Agreement.

2.6 If there is any inconsistency between the terms set out in this Agreement and the terms set out in a Hire Schedule, the Hire Schedule prevails to the extent of the inconsistency.

2.7 This Agreement will continue until terminated in accordance with its terms. Where additional Hire Schedules are agreed to, this Agreement will continue to apply or renew for the term set out in each additional Hire Schedule.

3. Hire period

3.1 The Hire Period commences on the earlier of:

(a) if the Equipment is being delivered, the time when the Equipment is delivered to the Site (unless otherwise agreed);

(b) if the Equipment is already on Site, where the hire finishes with one hirer and the Hirer takes on the hire conditions on the Site;

(c) if the Equipment is being collected, from the date of collection by the Hirer (or a nominated third party on behalf of the Hirer); or

(d) the date specified in the Hire Schedule as the commencing date for the Hire Period.

3.2 The Hire Period ceases on either:

(a) the date the Equipment is collected by the Owner (or a nominated third party on behalf of the Owner); or

(b) the date the Equipment is received by the Owner at their nominated delivery location (where the Hirer is responsible for delivering the Equipment back to the Owner).

3.3 The Hire Period is automatically extended for any period that:

(a) the Equipment is damaged in anyway caused or contributed to by any act or omission of the Hirer or any other person (including without limitation any contractor, staff member, client or agent engaged by the Hirer); or

(b) the Owner is unable to gain access to the Equipment as at the end of the Hire Period due to an act, omission or breach of this Agreement by the Hirer (whether directly or indirectly, and including any act of any other person.

3.4 The Hire Period is calculated to include:

(a) the number of hours or part thereof during which the Equipment is used by or for the benefit of the Hirer, as recorded by the Equipment;

(b) any time at which the Equipment is at the Site but is not in use for any reason (including, but without limitation, by reason of inclement weather). This does not include any time that the Equipment is kept at the Site post the Hire Period at the election of the Owner (for example, for storage whilst it awaits collection); and

(c) any period of time for which the delivery or collection of the Equipment to or from the Site is delayed by a cause for which the Hirer is directly or indirectly responsible.

3.5 Unless otherwise agreed between the parties in writing, a Minimum Hire Period will apply to the Equipment as specified in the Hire Schedule. Following the Minimum Hire Period either party may terminate the hire on giving notice by 5pm on the day prior to cancellation. If the Hirer seeks to return the Equipment prior to the Minimum Hire Period, the Hirer is required to pay the Hire Price for the Minimum Hire Period. Except to the extent required by law, no refund will be provided for any prepaid fees for early returns within the Minimum Hire Period. If the Hirer gives notice to cancel outside of the Minimum Hire Period, then any amounts prepaid will be refunded.

3.6 The Hire Period may be extended by written agreement between the parties. If the Hirer wishes to extend the Hire Period they must provide written notice to the Owner prior to the end of the Minimum Term or the expiry of the Hire Period (as applicable). The Owner may accept or reject any request to extend the Hire Period in its sole discretion.

4. Price and payment

4.1 Unless otherwise specified in the Hire Schedule, the Owner will issue an invoice/s to the Hirer for the hire of the Equipment upfront, on the execution of this Agreement or prior to the commencement of the Hire Period.

4.2 The Hirer must pay the Hire Price and any other amounts as indicated on the invoice to the Owner in accordance with the invoicing terms.

4.3 Subject to the other terms of this clause, the parties agree that the Hire Price is to be calculated as the Rate of Hire (as specified in the Hire Schedule) multiplied by the days in the Hire Period. The daily rate is based on the use of the Equipment for a maximum period of 8 hours per day. If the Equipment is used in excess of 8 hours in a day then an additional day rate will apply. All additional amounts for overtime usage will be invoiced by the Owner at the end of the Hire Period, and payment due in the same manner as payment of the Hire Price.

4.4 In the event that there is a variation to the particulars of the engagement, the Owner reserves the right to change the quoted Rates of Hire and the variation will take effect upon the Owner giving written notice to the Hirer.

4.5 Should the Hirer fail to pay the Owner the Hire Price by the due date for payment, then without limitation to the Owner’s other rights:

(a) the Owner may refuse to supply any further Equipment to the Hirer (in which case the Hire Price will remain payable);

(b) issue the Hirer with a notice requesting that they cease to use any Equipment hired;

(c) attend at the Site to collect the Equipment, and the Hirer must provide any assistance required and comply with all directions of the Owner in this regard;

(d) the Owner may at its discretion charge the Hirer default interest calculated at the Default Rate calculated daily on the amount of the outstanding Hire Price from the due date for payment and such interest will continue to accrue until such time as all of the Hire Price owing at that time is paid; and/or

(e) terminate this Agreement.

4.6 Payment will be made by direct deposit to the Owner's bank account or in such other manner directed by the Owner. All payments must be made by the due date without set-off or counterclaim, even if a dispute in respect of the invoice exists.

4.7 Payment is deemed to be received by the Owner when the funds are received or when the proceeds or other methods of payment are credited and cleared to the Owner's bank account.

4.8 The Hirer must return the Equipment with a full fuel tank. If the Hirer fails to return the Equipment with a full fuel tank the Owner will charge a refuelling charge equal to $75 + GST plus the cost of the missing fuel (at a price per litre comparable to pump prices at fuel stations near the Owner).

4.9 Unless otherwise stated, all amounts and prices provided are exclusive of GST. Where any fees charged by the Owner are subject to GST, the Hirer must pay the GST payable in addition to the fee.

4.10 The Owner reserves the right to pass on the costs of any tax, levy, duty or other charge imposed in accordance with Applicable Laws.

4.11 The Hirer agrees to indemnify the Owner for any debt collection or legal costs incurred by the Owner in recovering any overdue amounts on a full indemnity basis, including an administrative fee which shall become immediately payable by the Hirer.

4.12 Except where expressly stated in this Agreement and to the extent permitted by law, all payments made under this Agreement are non-refundable.

5. Delivery and return

5.1 The delivery of the Equipment is to take place in accordance with the instructions as specified in the Hire Schedule or as otherwise agreed between the parties in writing. The Hirer will be responsible and liable for the Mobilisation and Demobilisation of the Equipment (including all fees specified in the Hire Schedule for such).

5.2 The Owner will use reasonable endeavours to make the Equipment available for collection on the commencement date of the Hire Period (or some other date as agreed between the parties), but the Owner will not be liable to the Hirer for not being able to make the Equipment available for collection on time or any Loss or damage occasioned to the Hirer for such delay or non-collection. All timeframes for collection provided are estimates only.

5.3 On expiry of the Hire Period or the earlier termination of this Agreement, the Equipment is to be returned in accordance with the instructions as specified in the Hire Schedule or as otherwise agreed between the parties in writing. The Hirer must ensure that the Equipment is in good order and repair and in accordance with the Hirer’s obligations under this Agreement.

5.4 If the Owner is responsible for the delivery or collection of the Equipment at the Site as set out in the Hire Schedule:

(a) the associated costs will be charged to the Hirer;

(b) the Hirer must take reasonable steps to facilitate the delivery or removal, including ensuring the Equipment is in an appropriate state and position for removal and the area surrounding it is not obstructed. In the event that the Owner determines that the Hirer has not taken such reasonable steps or that the delivery or collection is more complicated than anticipated (for example due to the acts of the Hirer or the nature of the Site which the Owner was not expressly made aware of prior to entering into this Agreement), then the Owner reserves the right to increase the delivery and/or collection fee payable;

(c) the Owner will use its best endeavours to have the Equipment delivered and collected on time, but the Owner will not be liable to the Hirer for late delivery or collection, non-delivery or any Loss or damage occasioned to the Hirer for such late or non-delivery or late collection. All timeframes for delivery and collection provided are estimates only.

5.5 The Hirer agrees to return the Equipment to the Owner in the same condition as specified in the Condition Report, fair wear and tear excepted.

6. HIREr’S obligations

6.1 The Hirer acknowledges and agrees that it:

(a) must only use the Equipment:

(i) solely in the conduct of its business;

(ii) on the Site;

(iii) in accordance with any instructions provided and the reasonable and lawful directions of the Owner; and

(iv) in accordance with this Agreement;

(b) must maintain the Equipment in accordance with its obligations under this Agreement;

(d) must, where electric breaks are fitted to the Equipment (for trailer hires) drive with headlights on at all times to provide power to the electric brake unit;

(e) must ensure that the Operators of the Equipment are properly authorised to operate the Equipment;

(f) must not allow the Equipment to be overloaded or used for any purpose or in any manner for which the Equipment was not designed;

(g) must immediately give notice to the Owner if the Equipment is lost, damaged or destroyed in any way;

(h) accept full responsibility for the safe keeping of the Equipment, and ensure appropriate security measures are enforced in order to protect the Equipment; and

(i) promptly return the Equipment to the Owner, or have it ready for inspection or removal by the Owner, with all accompanying materials or documents on request by the Owner.

6.2 Should the Hirer fail to deliver up the Equipment on request, or have it available for an inspection by the Owner, the Owner reserves the right to invoice the Owner for the full value of the Equipment and the Hirer agrees to pay that invoice within 30 days of the date of the invoice. The Owner’s determination of the value shall be final and binding on the Hirer. .

7. Equipment damages and repairs

7.1 The Hirer must not make any modifications or alterations to the Equipment at any time. Without limiting the before, the Hirer must not alter or deface or remove or conceal any identifying number, name plate or make on the Equipment or any part thereof.

7.2 The Hirer must immediately inform the Owner of any damage caused to the Equipment at the Site. The Hirer is not authorised to and agrees not to undertake any repairs of the Equipment without the express prior written authority of the Owner. The Hirer acknowledges and agrees that the Owner (and its agents appointed) shall be the only persons entitled to repair or reinstate any part or parts of the Equipment.

7.3 The Hirer agrees to pay the costs to repair or replace all or any part of the Equipment that is damaged during the Hire Period (other than to the extent the damage is caused by the negligent act or omission of the Owner). Any damage in the condition of the Equipment that is not listed in the Condition Report will be deemed to have been caused by the Hirer and the Hirer will be liable to pay the costs to repair or replace the Equipment.

7.4 For the avoidance of doubt, the Hirer will be liable for (without limitation):

(a) damage caused by the Hirer’s failure to maintain the Equipment in accordance with its obligations under this Agreement or otherwise in accordance with the directions of the Owner;

(b) damage caused to the Equipment where the Equipment is exposed to corrosive elements such as salt during the Hire Period.

7.5 The Owner has discretion to decide whether to repair or replace all or any part of the Equipment which the Hirer is liable for under this Agreement. The Hirer must pay any invoices issued in this regard immediately on demand or alternatively, the Hirer must at the request of the Owner undertake the repairs at the Hirer's own cost by such tradespersons of the Hirer who are qualified to undertake such repairs and are authorised by the Owner.

7.6 In the event of the Equipment ceasing to operate by reason of the development of an inherent fault or major failure of the components (Major Failure), upon notification by the Hirer of such break down the Owner shall either:-

(a) as soon as practicable, repair the Equipment; or

(b) if in its opinion it is impracticable to repair the Equipment it shall endeavour to substitute it with similar Equipment (hereafter called "the Replacement Equipment") until the disabled Equipment is repaired. Although the Owner will use reasonable endeavours to provide a substitute, it cannot and does not guarantee that a substitute will be available. Where it is able to provide a substitute, In all respects the terms and conditions of this Agreement shall apply to the Replacement Equipment as if it were the Equipment.

7.7 If such Major Failure is deemed to have been caused by the recklessness, misuse, negligence, act/omission or breach of this Agreement of the Hirer (including the Hirer’s failure to maintain the Equipment in accordance with its obligations under this Agreement), then the Hirer agrees to indemnify the Owner for the rectification costs of the Equipment and the Owner shall not be required to comply with clause 7.6.

8. Condition on return

8.1 The Hirer must ensure at the completion of the Hire Period and the date of Demobilisation, the Equipment is:

(a) free from any defects or damage that is not noted in the Condition Report (fair wear and tear excepted); and

(b) in a clean and serviceable condition that complies with the Hirer’s obligations under this Agreement.

8.2 If in the reasonable opinion of the Owner the Equipment is not returned in such condition, the Hirer will be liable for the cost of reinstating the Equipment to a clean and serviceable condition (including a cleaning charge of $75 + GST plus any cleaning costs incurred by the Owner without limitation to any other rights the Owner may have).

9. risk and indemnities

9.1 The Hirer uses the Equipment at its own risk and the Owner is not liable in any circumstances to the Hirer for any damage, injury or death caused to the Hirer, its agents or employees or any property or to a third party, nor for any loss of profits incurred by the Hirer for any reason.

9.2 Except to the extent caused or contributed to by the negligent act or omission, wilful misconduct or breach of this Agreement by the Owner, the Hirer indemnifies the Owner against any Losses, liabilities, costs, charges or expenses (including any direct, indirect, special or consequential losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by the Owner arising out of or in connection with:

(a) any Claim made against the Owner and/or the Hirer by a third party arising out of or in connection with the use and/or provision of the Equipment and/or this Agreement to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement by the Hirer, its employees, agents or subcontractors;

(b) any Claim made against the Owner by a third party for death, personal injury or damage to property arising out of or in connection with defective Equipment;

(c) any breach or negligent performance or non-performance of this Agreement by the Hirer, including any failure to pay any fees on time;

(d) any damage to the Equipment whilst the Equipment is at the Site or any other location where the Equipment is held except to the extent that the Hirer demonstrates that such damage was caused by fair wear and tear, or by the negligence of the Owner including repair costs or replacement costs of the Equipment, in accordance with the terms of this Agreement;

(e) any event or cause, beyond the control of the Owner;

(f) any fine or penalty whatsoever, any assessment, transportation, storage, and cleaning charges or expenses;

(g) any reliance by the Hirer or a third party on the Equipment;

(h) the enforcement of this Agreement;

(i) any excess payable in respect of an insurance claim; and

(j) any negligent act, omission or wilful misconduct of the Hirer.

9.3 The Hirer must make payments under this provision:

(a) in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law; and

(b) in the currency in which the payment is due, and otherwise in Australian dollars, in immediately available funds.

9.4 The Hirer must pay any amount for which the Hirer has indemnified the Owner under clause 9.2 immediately on demand.

10. Exclusion and limitation of liability

10.1 Subject to the other terms of this clause, the Owner excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Equipment that are not expressly set out in this Agreement to the maximum extent permitted by law.

10.2 Subject to the other terms of this clause, the Owner and its Related Entities’ maximum aggregate liability to the Hirer in any 12-month period for any loss or damage or injury arising under or in connection with this Agreement, whether arising in contract, negligence or any other tort, restitution or for breach of statutory duty or misrepresentation of otherwise, is in all circumstances limited to the lesser of the Hire Price paid by the Hirer in the 3-month period prior to the liability arising or the costs of providing the Equipment again.

10.3 Nothing in this Agreement is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision or any liability of the Owner in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

10.4 If the Owner is liable to the Hirer in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, the Owner’s total liability to the Hirer for that failure is limited to, at the option of the Owner:

(a) in the case of services, the resupply of the services or the payment of the cost of resupply; and

(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.

10.5 Subject to the other terms of this clause, the Owner excludes any liability to the Hirer, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Agreement, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

10.6 Without limitation to the other terms of this Agreement, the Hirer acknowledges that the Owner is not liable for any claim under or in relation to or arising out of this Agreement unless the Hirer has first made a claim under any insurance policy held by the Hirer that may cover that claim, and that claim has been denied in whole or partly by the relevant insurer. The Owner’s liability (if any) will be reduced to the extent the Loss or damage is caused by or contributed to by the Hirer and its employees, agents or contractors.

10.7 This clause applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement.

10.8 In this clause "ACL" means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

11. Ownership

11.1 Notwithstanding anything to the contrary express or implied in this Agreement, the parties agree that the Owner retains full title to the Equipment and title will not at any time pass to the Hirer notwithstanding:

(a) the delivery or collection of the Equipment to/by the Hirer (as the case may be); and/or

(b) the possession and use of the Equipment by the Hirer.

The Hirer acknowledges that the Hirer has the right to possess the Equipment as a mere bailee only and will deal with the Equipment in such a manner which enables it to be clearly identified as Equipment belonging to the Owner and does not have any right to pledge the Owner’s credit in connection with the Equipment and agrees not to do so.

11.2 Even if the Owner retains ownership of the Equipment, the risk for the Equipment passes to the Hirer on delivery of the Equipment to the Hirer.

11.3 The Hirer acknowledges and agrees that the Owner may transfer, assign or otherwise dispose of its interest in this Agreement without notice to the Hirer.

11.4 Except to the extent as expressly permitted in this Agreement, the Hirer acknowledges and agrees that:

(a) it will advise the Owner of the precise location of the Equipment and promptly on request grant access to any premises owned or occupied by the Hirer (including the Site) to the Owner or its representatives to inspect the state and condition of the Equipment or to exercise any of their rights or powers under this Agreement;

(b) it will not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let, hire or otherwise part or attempt to part with personal possession of or otherwise deal with the Equipment without the express written consent of the Owner;

(c) in the event that it sells or hires the Equipment in breach of this Agreement, it holds the proceeds, book debts and accounts receivable arising from selling or hiring of the Equipment on trust for and as agent for the Owner immediately when they are receivable or are received;

(d) it must promptly report any incident involving loss or damage to the Equipment to the Owner, the police (if applicable) and any other proper authority. The Hirer must comply with any directions provided by the Owner in this regard.

(e) it will, if requested by the Owner, return the Equipment to the Owner following non-fulfilment of any obligation of the Hirer (including payment of monies) without limiting any other right the Owner may have; and

(f) it will deliver up the Equipment to the Owner upon demand by the Owner and gives the Owner or its agents or authorised representatives the right to enter any premises occupied by the Hirer and any premises where it believes any Equipment may be stored (without liability for trespass or any resulting damage) and to use the name of the Hirer and to act on its behalf, if necessary, to recover possession of the Equipment and agrees to indemnify the Owner and its agents and/or authorised representatives from any damage, injury and/or loss arising from such recovery or attempted recovery of Equipment from the Hirer’s possession or control; and

(g) the Owner may recover as a debt due and immediately payable by the Hirer all amounts owing by the Hirer to the Owner in any respect even though title to the Equipment has not passed to the Customer.

12. assignment and transfer

12.1 The Hirer must not transfer or assign its rights under this Agreement to anyone else, without the prior written consent of the Owner, which may be granted or withheld by the Owner in its sole, absolute and unfettered discretion. The Hirer must provide any information the Owner requires to consider whether to grant its consent.

12.2 Any change in 50% or more of the shareholding of the Hirer will constitute a deemed assignment which requires the Owner's prior written consent in accordance with this clause.

12.3 The Hirer acknowledges and agrees that the Owner may transfer, assign or otherwise dispose of its interest in this Agreement upon giving written notice to the Hirer.

13. General Provisions

13.1 Governing law

(a) This Agreement is governed by the laws of Victoria and the Commonwealth of Australia which are in force in Victoria.

(b) The parties submit to the jurisdiction of the Courts of Victoria, relevant Federal Courts and Courts competent to hear appeals from them.

Hire Agreement

Hours

SOcials

Contact