The conditions set out in this Equipment Hire Agreement apply to the exclusion of any other conditions proposed by the Hirer unless otherwise agreed by the Owner and the Hirer in writing. The Owner agrees to hire Equipment to the Hirer on terms set out in this agreement. If the Hirer wishes to hire Equipment the Hirer must complete and sign (or otherwise accept in the manner required by the Owner) the Schedule attached hereto and such other documents as the Owner may require. The Owner may in its absolute discretion decline to hire Equipment to the Hirer at anytime if it has reasonable cause to do so.

IT IS AGREED that in consideration of the mutual covenants and promises hereinafter set forth, the parties agree as follows:

1. Definition

• Commencement means the date when the Hirer takes possession of the Equipment.
• Equipment means any kind of equipment, vehicles or tools which the Owner agrees to hire to the Hirer as listed in Item 7 of the Schedule.
• Hire Period means the period of hire from the Commencement Date & Time in accordance with Item 2 of the Schedule until the Return Date & Time in accordance with Item 3 of the Schedule.
• Hiring Charges mean the amount shown on Item 1 of the Schedule payable by the Hirer to hire the Equipment.
• Security Deposit means the deposit payable by the Hirer to the Owner on or before the Commencement

2. Hirer’s Obligations

The Hirer must:

• Deliver the Equipment to the Owner before the end of the Hire Period;
• Return the Equipment to the Owner clean and in good repair;
• Ensure that any person collecting or taking delivery of Equipment on behalf of the Hirer is authorised by the Hirer to do so and the Hirer will not allege that any such person is not so authorised;
• On or before Commencement (or as otherwise specifically agreed with the Owner), the hirer must pay the Hiring Charges;
• Immediately on demand by the Owner, the Hirer must pay:
  (i)  the new list price of any Equipment which is for whatever reason not returned to the Owner;
  (ii)  all costs incurred in cleaning the Equipment in accordance with Item 6 of the Schedule;
  (iii)  the full cost of repairing any damage to the Equipment caused or contributed by the Hirer, unless expressly agreed otherwise in this agreement;
  (iv)  stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this agreement or arising from the Hirer’s use of the Equipment;
  (v)  all costs incurred by the Owner in delivering and recovering possession of the Equipment;
  (vi)  interest for late payment of amounts owing by the Hirer at the rate shown on Clause 5 of this agreement;
  (vii)  any additional hiring charges if the Owner and the Hirer agreed to extend the Hiring Period; and
  (viii)  any expense and legal costs (including commission payable to a commercial agent) incurred by the Owner in enforcing this agreement due to the Hirer’s default.
• Without limiting the ability of the Owner to recover all amounts owing to it, the Hirer authorises the Owner to charge any amounts owing by the Hirer to any credit card or account details of which are provided to the Owner.

3. Charges

• Hiring Charges are in accordance with Item 1 of Schedule.
• Delivery charges apply if the equipment is not picked up from and returned to the Owner’s business premises.
• The Owner reserves the right to revise the hire rates and related charges from time to time without notice.
• A charge for insurance of the plant against loss or damage by theft fire or accident, subject to exemptions, applies to all plant hires.
• Should the Hirer fail to return the plant on time, then additional hire charges apply at the daily or half daily rates.

4. Security Deposit

On or before the Commencement, the Hirer must pay a Security Deposit to the Owner in the amount set out in Item 4 of the Schedule, which amount is fully refundable to the Hirer provided that the Equipment is returned undamaged and the conditions of this agreement is complied with.

5. Interest

Interest is payable calculated daily on any amounts outstanding at the rate of 15% per annum including the actual date of payment.

6. Registration under the Personal Properties Securities Act 2009

In the event that this hire agreement falls under the provisions of the Act then the Hirer will do all things necessary to enable it to be registered by the Hirer and will comply with all requirements of the Act.

7. Use of plant

The Hirer uses the plant at their own risk and must:

• Decide the suitability of the plant for the purpose required;
• Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;
• Use the plant in a skilful and proper manner and only for the purpose and within the capacity for which it was designed;
• Operate the Equipment with an adequate motor vehicle and/or power source if required;
• If a qualification or licence is required to operate or use the Equipment, ensure that any users hold the relevant qualification or licence;
• Immediately report and provide full details to the Owner of any accident or damage to the Equipment;
• At their own expense clean and maintain the plant in good order and substantial repair and condition;
• Clean the plant properly and thoroughly upon completion of hire or be charged a cleaning fee in accordance with Item 6 of the Schedule;
• Be responsible for the safe keeping of the plant, and indemnify the Owner for any loss or damage to it by whoever and howsoever caused;
• Be responsible for and indemnify the Owner against all claims in respect of injury to persons, or damage to property, arising out of the use of the Equipment by whomever during the Hire Period however arising;
• Not sell hire lease or otherwise part with possession of the Equipment or assign the benefit of the hire agreement or remove the Equipment from the state; and
• Not alter the Equipment in any manner.

8. Breach of this agreement by the Hirer

If the Hirer breaches any clause whatsoever of this agreement and does not remedy the breach within 7 days’ notice of the breach, or becomes bankrupt, insolvent or ceases business then:

• The Owner shall be entitled to:
  (i)  terminate this agreement; and/or
  (ii)  sue for recovery of all monies owing by the Hirer; and/or
  (iii) repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so).
• The Hirer indemnifies the Owner in respect of any damages, costs or loss, to the extent caused or contributed to by the Hirer resulting from a breach by the Hirer of any provision of this agreement.

9. Termination

• Without prejudice to any other remedies available to the Owner and notwithstanding any period of hire specified the Owner may terminate this hire agreement at any time after giving the Hirer one day’s notice of termination or without notice if the Hirer shall commit any serious breach of the hire agreement.
• Upon termination the Owner shall be entitled to take possession of the plant and for this purpose the Hirer irrevocably appoints the Owner its attorney and authorises the Owner or its agent to enter on any land or premises owned by or under control of the Hirer and recover the plant and will pay for and indemnifies the Owner against any claims, losses, damages, costs and expenses arising out of the repossession of the plant.

10. Loss, damage and insurance

• The Hirer is responsible for the loss and damage to the plant whilst on hire. The Hirer will pay for any losses, damages, costs and expenses suffered by the Owner not recovered through the insurance effected at the commencement of the hiring.
• The Hirer acknowledges that they must pay for risks that the insurance does not cover including theft, damage resulting from misuse or use violating statutory rules and regulations or over or under loading electric current or caused by contact with corrosive substances or caused by the negligence of yourself or any other person whilst under hire to you or loss or damage whilst being transported or when the plant is wrongly converted to your own use.
• It is agreed that in the event that the Hirer suffers any loss or damage howsoever arising as a result of inoperable plant then the liability of the Owner is limited to the repair or replacement of the plant and is not to include economic or consequential damages of any nature whatsoever.

11. Authority to sign agreement

If this agreement is signed on behalf of the Hirer then the person signing covenants that they have the authority to sign this agreement as a duly authorised agent of the Hirer and accepts personal responsibility for the performance of the terms of this agreement.

12. Personal guarantee

If the Hirer is a company, then the director(s) of the Hirer’s company executing this agreement shall jointly and severally guarantee the performance of all terms and conditions of this agreement, and do further covenant and agree that they will jointly and severally indemnify and keep the Owner indemnified against any loss and damage howsoever arising which the Owner may suffer which arose out of the Hirer’s breach of this agreement.

13. General

• The remedies provided in this agreement in favour of the Owner will be in addition to all other remedies in its favour existing at law, in equity or in bankruptcy or insolvency. The election at any time to enforce any such remedies will in no way bar later enforcement from time to time of any other such remedies.
• None of the terms and conditions of this agreement, nor any act, matter or thing done under or by virtue of, or in connection with, this agreement will operate as a merger of any of the rights and remedies of the Owner in or under this agreement or otherwise. All such rights and remedies of the Owner will continue in full force and effect.
• Nothing contained or implied in this agreement will be deemed to construed to create the relationship of partnership or of principal and agent or of joint-venture between the Owner and the Hirer.
• The Hirer must not assign to anyone else the Hirer’s rights and obligations under this agreement without the Owner’s consent.
• If any provision of this agreement is or at anytime become void or unenforceable, then the remaining provisions will continue in full force and effect.
• No failure or delay on the part of the Owner to exercise any power or right under this agreement will operate as a waiver of that power or right. Nor will any single or partial exercise of any power of right under this agreement preclude any other or further exercise of that power or right.
• All notices by a party to this agreement must be in writing to the other party. The Owner may serve any notices hereunder on the Hirer by way of email sent to the last known email address or by post to the last known address of the Hirer.