Adelaide Site Hire Pty Ltd T/as Site Supply and Hire

Hire Terms & Conditions

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1. Definitions and Interpretation (a) In these Terms and Conditions: "Agreement" means the contract between the Company and the Hirer in relation to the hire of Equipment, including: (i) The Hirer's Credit Application, (ii) These Terms and Conditions, (iii) Any quotation provided by the Company (if any), and (iv) Any other hire agreement or arrangement provided to or made with the Hirer by the Company, whether signed or not. "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth); "Company" means Adelaide Site Hire Pty Ltd T/as Site Supply and Hire (ABN: 91 680 796 356) "Consumer" is as defined in the Australian Consumer Law and in determining if the Hirer is a consumer, the determination is made if Hirer is a consumer under the Agreement; "Equipment" means any of the Company's equipment (including any associated or attached tools, accessories and parts) that are hired to the Hirer under these Terms and Conditions. "Hirer" means the person, firm, organization or corporation hiring the Equipment from the Company; "Parties" means the Company and the Hirer. (b) Terms and expressions defined in or for the purposes of the CCA or the PPSA have the same meaning when used in these Terms and Conditions.

2. General (a) These Terms and Conditions apply to: (i) the establishment, operation and use of the account of the Hirer with the Company; (ii) all transactions effected by the Hirer with the Company for the supply of Equipment and services on its account or on a cash basis unless otherwise expressly agreed in relation to any particular supply of Equipment and services; and (iii) the exclusion of all others including any terms and conditions of the Hirer. (b) These Terms and Conditions shall apply as if incorporated into each order placed by the Hirer with the Company.

3. Hire Period and Charges (a) The hire period commences from the time the Equipment leaves the Company's premises and continues until the Equipment is returned to the Company's premises or the Agreement is terminated pursuant to clause 13. (b) The Hirer shall pay the Company the hire charge at the rate and for the duration specified in the Agreement. The Hirer is not entitled to any discount or refund if the Equipment is returned before the end of the agreed hire period. (c) Additional charges may apply if the Equipment is not returned in the condition specified in clause 8 or if additional services are required.

4. Payment Terms (a) The Hirer must pay all hiring charges and other amounts specified in these Terms and Conditions (including charges for loss, damage or repairs) without set-off, deduction or counterclaim. (b) The Company may require the Hirer to pay a deposit before the commencement of the hire period. (c) Unless otherwise agreed in writing, payment terms are strictly 30 days from the date of invoice. (d) If the Hirer fails to pay any amount by the due date, the Company may: (i) Charge interest on the overdue amount at a rate of 1.5% per month; (ii) Charge the Hirer for all costs and expenses incurred in recovering the overdue amount; and (iii) Suspend or terminate the hire of Equipment to the Hirer.

5. Delivery and Collection (a) Unless otherwise agreed in writing: (i) The Hirer shall be responsible for the collection of the Equipment from the Company's premises and the return of the Equipment to the Company's premises; (ii) The Hirer must allow the Company access to any site specified in the Agreement to deliver and/or remove the Equipment. (b) The Company will use reasonable endeavours to deliver and collect the Equipment at the times specified by the Hirer but will not be liable for any delay in delivery or collection.

6. Title to Equipment (a) The Hirer acknowledges that the Company retains title to the Equipment at all times. The Hirer's rights to use the Equipment are as a bailee only. (b) The Hirer must not offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Equipment in any way.

7. Hirer's Obligations The Hirer must: (a) Satisfy itself at commencement that the Equipment is suitable for its purposes; (b) Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer's instructions; (c) Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed; (d) 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; (e) Safely secure all items loaded in or on the Equipment or in or on the Hirer's vehicle; (f) Notify the Company immediately if the Equipment breaks down, is damaged or is otherwise not in working order; (g) Return the Equipment to the Company in the same condition as it was in at the start of the hire period, fair wear and tear excepted.

8. Maintenance of Equipment (a) The Hirer must: (i) Keep the Equipment in good and substantial repair and condition, fair wear and tear excepted; (ii) Properly clean and lubricate the Equipment; (iii) Not in any way alter, modify, tamper with, damage or repair the Equipment without the Company's prior written consent. (b) The Company will carry out all major repair work to the Equipment, unless the Company gives the Hirer prior written consent to carry out any major repair work. (c) If the Equipment breaks down or becomes unsafe to use during the hire period, the Hirer must: (i) Immediately stop using the Equipment and notify the Company; (ii) Take all steps necessary to prevent injury to any persons or damage to any property as a result of the condition of the Equipment; (iii) Not repair or attempt to repair the Equipment without the Company's prior written consent.

9. Loss, Damage or Breakdown of Equipment (a) The Hirer is responsible for any loss, theft or damage to the Equipment during the hire period, except to the extent caused by the Company's negligence. (b) If the Equipment is lost, stolen or damaged during the hire period, the Hirer must pay to the Company: (i) The cost of repairing or replacing the Equipment; (ii) Any lost hire charges for the period the Equipment is being repaired or replaced. (c) If the Equipment breaks down or becomes unsafe to use through no fault of the Hirer, the Company will: (i) Repair the Equipment or provide suitable substitute Equipment as soon as reasonably possible after being notified by the Hirer; (ii) Not impose hire charges for the period the Equipment is not operational.

10. Insurance The Hirer must maintain at its own expense all appropriate policies of insurance: (a) for theft and damage to the Equipment in an amount not less than the full replacement cost of the Equipment; (b) for liability, property and casualty insurance coverage in amounts necessary to fully protect the Company and its Equipment against all claims, loss or damage whatsoever.

11. Indemnities and Exclusion of Liabilities (a) The Hirer agrees to indemnify the Company from any claims, damages, losses or liabilities arising out of the Hirer's use or possession of the Equipment, except to the extent caused by the Company's negligence. (b) To the full extent permitted by law, the Company excludes all implied conditions and warranties and limits its liability to: (i) In the case of goods, the replacement or repair of the goods or the supply of equivalent goods (or payment of the cost of doing so); and (ii) In the case of services, supplying the services again or payment of the cost of having the services supplied again.

12. Personal Property Securities Act (PPSA) (a) The Hirer acknowledges that these Terms and Conditions create a security interest in the Equipment for the purposes of the PPSA and that the Company may register this security interest. (b) The Hirer agrees to do anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which the Company asks and considers necessary for the purposes of: (i) Ensuring that the security interest is enforceable, perfected and otherwise effective; or (ii) Enabling the Company to apply for any registration, complete any financing statement or give any notification, in connection with the security interest; or (iii) Enabling the Company to exercise rights in connection with the security interest.

13. Termination of Hire (a) The Company may terminate this Agreement immediately by notice to the Hirer if: (i) The Hirer breaches any term of this Agreement; or (ii) The Hirer becomes bankrupt or insolvent, enters into a scheme or arrangement with creditors, or a receiver or administrator is appointed. (b) Upon termination of this Agreement, the Company shall be entitled to take possession of the Equipment and for this purpose the Hirer irrevocably authorises the Company or its representatives to enter onto any site where the Equipment is located.

14. Privacy The Company will comply with the Australian Privacy Principles in all dealings with Hirers. A copy of the Company's Privacy Statement is available upon request.

15. Dispute Resolution (a) In the event of any dispute arising between the Company and the Hirer, the parties will attempt to resolve the dispute through friendly consultation. (b) If the dispute is not resolved within a reasonable time, either party may refer the dispute to mediation, with the mediator to be appointed by the President of the Law Society of South Australia. (c) If the dispute is not resolved through mediation, or if either party will not participate in a mediation, either party may commence legal proceedings.

16. Governing Law These Terms and Conditions are governed by the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the courts of South Australia.

17. Severability If any part of these terms and conditions is unenforceable it shall be read down to be enforceable or, if it cannot be read down, it shall be severed from these Terms and Conditions without affecting the enforceability of the remaining terms.

18. No Waiver A waiver of any provision or breach of this Agreement by the Company shall not be binding unless made in writing, and any such waiver shall not be construed as a waiver of any other provisions or any subsequent breach of the same or any other provision.

19. Notices Notices under these Terms and Conditions may be delivered by hand, by mail or by email to the addresses specified in the Agreement.

20. Variation The Company may vary these Terms and Conditions from time to time by giving the Hirer written notice. The Hirer's continued use of the Equipment after such notice shall constitute acceptance of the variation.

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By hiring Equipment from Adelaide Site Hire Pty Ltd T/as Site Supply and Hire, the Hirer acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.

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Last updated: 15/09/2024