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DAMAGE WAIVER TERMS AND CONDITIONS
OCCUPATION CLASSES FOR EARTHMOVING MACHINERY
TEMPORARY POWER POLE INSTALLATION GUIDE
TERMS & CONDITIONS
Apply for a 30 day credit account by filling out this form. It can be completed online or printed and faxed or mailed to us physically using the contact information on the top of the form.
JC Hire Services charges an 10% Damage Waiver on all equipment hired. The cover extends to accidental damage, malicious damage by third party's, and theft.In the case of theft, it must be reported to the Police and to JC Hire Service within 12 hours of its disappearance. A report must be sent to JC Hire Service within seven days of the theft. If loss or damage occurs an excess of $150.00, or 10% of the replacement cost of the equipment (which ever is the higher) it is payable by the hirer.THEFT AND DAMAGE WAIVER DOES NOT COVER THE FOLLOWING:Damage or loss caused by negligence, misuse and / or overloading of the equipment.Mysterious disappearance without evidence of theft.Loss or damage of accessories.Damage to tyres.Glass breakage.Damage caused by lack of normal servicing by hiree including checking oils, water etc.Loss or damage caused by storms or natural disasters.Loss or damage to equipment whilst being carried over water.Damage to electric motors or tools caused by unsuitable electric leads and / or electric leads being too long.Loss or damage as a result of violation of any statutory laws and / or regulations imposed by Commonwealth, State or Local Government bodies.Theft is not reported to the Police within 12 hours of the loss.Theft where proper measures have not been taken to secure the safety of the equipment.
Under the Work Health and Safety Act 2011 (Qld) (WHS Act) operators of earthmoving or particular crane (EPC) occupational classes are no longer required to be licensed to operate the following types of equipment:
The WHS Act imposes duties on persons with management or control of a workplace ('Managers'), to ensure the health and safety of their workers. This applies to directors and license nominees of companies undertaking their own construction work.
While operators are no longer required to be licensed, Managers must ensure that all persons operating equipment are trained and competent.
Managers must ensure that operators:
While the training can be informal on the job training, Workplace Health and Safety Queensland encourages formal training and assessment through registered training organisations. Training must be undertaken prior to the plant being used and should be practical and suit the needs of workers.
DEMONSTRATING THE OPERATOR'S COMPETENCY
In determining whether an operator is competent to use the plant, Managers may refer to:
It is good practice for Managers to keep adequate evidence and records of competency in the event of incident.
UNLICENSED MINORS OR ADULTS OPERATING EARTHMOVING EQUIPMENT
It is increasingly common for younger workers, who do not hold valid driving licences and have limited driving experience, to move vehicles and earthmoving machinery on site. While it is not necessary for minors to hold a valid driving licence, the same rules apply - all operators (including minors) must be trained and competent to operate the machinery.
Young workers often lack experience which may result in a reduced ability to identify hazards associated with the operation of earthmoving machinery or to understand the importance of following safe operating instructions.
Managers should ensure that unlicensed individuals receive in-depth practical and 'hands on' training to compensate for their lack of experience and knowledge.
If the machinery is required to be driven on the road, only an operator who holds a valid Queensland drivers licence of the relevant class and is trained and competent in the class of machinery must do so. The machine must also be road registered or hold a permit (or exemption) so as to allow the machine to be on the road.
CAUTION WHEN SLINGING A LOAD
A competent person is able to sling a load without the relevant licence in circumstances where there is no judgment required for slinging techniques or suitability and the condition of lifting gear as the following factors are predetermined:
In circumstances where the above factors are not met only a person with a high risk work dogging licence must be operate the EPC machinery.
BREACH OF DUTIES
In order to minimise any risk to health and safety, Managers should ensure that all operators have the necessary skills and competence.
Managers and workers who fail to comply with their health and safety duties under the WHS Act may be convicted of an offence. The WHS Act provides for 3 categories of offences depending on the degree of seriousness or culpability involved. The highest penalty under the WHS Act is $600,000 or 5 years jail for individuals conducting a business and up to $300,000 or 5 years jail for an individual such as a worker.
Please be mindful of the access required at the end of the job (eg fences, landscaping, building materials etc.) so that we can remove the pole.
HIRE CONTRACT AND RENTAL AGREEMENT
These are the Terms and Conditions of the Agreement made on the 'Hire Comm' date shown on the face hereof between JC HIRE SERVICE hereafter called 'the Owner' and Hirer whose name appears on the face hereof in respect to the Hire or Rental of the goods plant or equipment described hereon and hereafter called 'the plant'.
THE OWNER AGREES TO:
Provide the Plant described on the face hereof to the Hirer.
Be responsible for all repairs and replacements required to the plant due to all wear and tear.
Suspend hiring charges on a pro rata basis if the Hirer notifies the Owner or returns the plant immediately a malfunction or breakdown occurs unless this condition is due to any act or negligence or misuse by the Hirer or the Hirer's servants agents or subcontractors.
Deliver or collect the equipment to the kerbside on a designated Main or Council road provided that the Hirer shall make the plant or equipment available for pickup at the kerbside of the pickup point otherwise the Hire charges shall continue until such availability has been provided by the Hirer.
Notwithstanding any period of hire mentioned on the face hereof that he may determine this agreement without notice and without assigning any reason thereto.
THE HIRER AGREES TO:
Pay the Owner Hire charges at the Rates shown hereon and for the periods of time shown hereon from the time the plant leaves the Owners premises until returned thereto and as further set out hereunder. Such hire charges shall be calculated on the following basis.
(a)For the 4 hour rate to apply the plant must be returned within the 4 hours or the 24 hour rate shall apply. For plant retained over 24 hours the daily rate shall apply to the nearest day upwards.
(b)For pickup after 4 p.m. and return by 8 a.m. 24 hour charge shall apply.
(c) The minimum Hire charge is as set out in the Owners “Hire Shop Book” from time to time for each item except that on all delivered items a minimum 24 hour shall apply.
(d)To pay the charge shown on every day to day of the year unless the Hirer advises the Owner prior to any nonuse period that the plant will not be used and has obtained and “Off Hire” number.
(e) Hire Rates do not include the cost of fuels, detergents, abrasives, cutting and grinding wheels, cartridges, nails and the like. These items may be purchases at the time of hire.
(f) To pay hire charges on a continuing basis in the event of the Owners plant being impounded due to any strikes, lockouts, blackbans or the like until such time as the plant is releases.
To pay the quoted rates for delivery and pick up service if required, State Government Stamp Duty at the rate of 43% and GST of 10% on this agreement.
To pay any additional charges for rigging, assembling, installing, erecting or dismantling the plant.
To contact the Owner if return freight is required and obtain an “Off Hire” number which serves to confirm the off hire request.
To contact the owner immediately any breakdown or malfunction occurs.
To use and operate the plant in a safe and skilful manner strictly in accordance with any Council State or Federal Government Laws and Ordinance and to provide the operator at his own expense to clean, service and maintain the plant in good and substantial repair and condition and to supply all fuel, oil and grease necessary.
To return the plant clean at the completion of the hire period to pay such cleaning charges as the owner may determine.
To accept full responsibility for safe keeping of the plant and to hold the owner indemnified against any ideas of our damage to the plant and any tools, accessories and equipment supplied with the plant howsoever caused.
That any deposit or monies held by the Owner shall be offset against any hire, deliver, repair or other charges under this agreement.
Not remove the plant from the site address shown on the face hereof without the Owners written consent.
Irrecoverably license the Owner in the event of termination of this Agreement by the Owner that the Owner or agents of the Owner may enter any and or premises of the hirer or under the hirers control as aforesaid and take possession of the Owners plant or equipment whereupon this Agreement shall be at an end except that each party shall be liable for any prior breach hereof.
THE HIRE FURTHER AGREES THAT:
There are no warranties made by the Owner express or implied which extend beyond the description of the plant on the face hereof.
He has inspected the plant before acceptance and confirms to the Owner that it is in good order and condition and further that he has satisfied himself as to its suitably for his purpose.
He indemnifies and will hold indemnified and harmless the Owner and the Owners servants and agents from all damages suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport or operation of the plant or any part thereof or otherwise and whether arising from the negligence of the Owner, its servants or agents or otherwise.
The Owner shall not be liable to the Hirer or the Hirer's servants or agents for any damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations, warranties, terms and conditions express or implied except in so far as Statutory conditions and warranties cannot be excluded under Paragraph 5 Division 2A of the Trade Practices Act (1974) or relevant State Legislation use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the Owner, its servants, agents or otherwise.
OPERATION OF CLAUSE 3 & 4 (THE HIRER FURTHER AGREES THAT)
Clause 19 and 20 hereof to the extent that are inconsistent with other clauses, terms and conditions of this Agreement are to override such clauses and be of paramount force.
Ph: (07) 5441 1211
600 Bli Bli Road, Nambour QLD, 4560
Ph: (07) 5443 5900
100 Sugar Road, Maroochydore QLD, 4558
Ph: (07) 5437 8111
31 Premier Circuit, Warana QLD, 4575
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