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.