Hire Agreement
Definitions
Owner is the Adelaide Electrical hire (ACN 675 442 627) (ABN 93 675 442 627) , being the owner of the EWP and general equipment.
Hirer includes an agent of the hirer and agrees to hire the EWP + equipment specified in the schedule from the owner upon the terms in the agreement.
EWP is a abbreviation for “elevated work platform” and means a machine or device that is intended to displace persons, tools and materials to a working positions and consists of at least a work platform with controls, an extending structure and a chassis, being the machine(s) or device(s) identified by the “EWP number” in the schedule to this agreement or on the invoice or work order supplied by the owner to the hirer.
PPS Act means the Personal Property Securities Act 2009 (Cth), as amended from time to time.
Terms and conditions
1. Hire of all equipment
1.1. the hiring of equipment will commence from the commencement date specified in the schedule and continue for the term specified in the schedule.
1.1A collect the hired equipment within 3 days of the off hire Date (EWP). All other equipment pick-ups and returns shall be the responsibility of the customer;
1.2. The hirer is entitled to use the equipment for the hire period. The owner must agree to any extension of the period.
1.2A EWP delivery and collection will be the responsibility of Adelaide Electrical hire PTY LTD, with the Customer agreeing to pay all delivery fees;
2. Payment for rental
2.1. The hirer agrees to pay the owner the hire fee as specified in the schedule for the equipment for the hire period. The owner must agree on any extension of the hire period.
2.2. A cancellation fee may be charged by the owner where the equipment has been reserved by booking and the hirer cancels the booking without reasonable notice or fails to take delivery of the equipment.
2.3. The hirer agrees to pay the owner interest at 6% per annum (calculated daily) of the outstanding balances due over and beyond the terms of payment specified on the invoice.
2.4. The hirer agrees to pay the owner all costs associated with the recovery of any unpaid monies relating to the hire of any plant and equipment.
3. Use, operations and maintenance
3.1. The hirer agrees that the use of the EWP & electrical equipment carries with it dangers and risks of injury and the hirer agrees to accept the dangers and risks.
3.2. The EWP shall not be used by anyone other than the hirer without the express permission of the owner.
3.3. The hirer will ensure that all people operating the EWP are instructed in its safe and proper use and where required hold a valid certificate of competency or are fully licensed to use it as per AS2550.10 and AS1418.10
3.4. The hirer agrees to operate, maintain, store and transport the EWP & equipment strictly in accordance with any instruction provided by the owner and with due care and diligence.
3.5. The hirer agrees that the EWP will only be used for its intended purpose and in accordance with the manufacturer’s instructions and recommendation whether supplied by the owner or posted on the EWP in regards to its operation, maintenance and storage.
3.6. The hirer agrees to comply with all occupational health and safety laws and regulations relating to the use of the EWP, equipment and associated operations.
3.7. The Hirer shall ensure the EWP & equipment are returned to the owner clean of all foreign matter or agrees to a reasonable cleaning fee being charged by the owner.
3.8. The reasonable costs of fuel or other consumables provided by the owner and used by the hirer are to be paid to the owner at the completion date.
4. Hirer’s warranties
The hirer warrants that:
4.1. the EWP will be used in accordance with the conditions outlined in the schedule; the particulars in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission.
4.2. The hirer holds a current driver’s license, operating license or certificate of competency valid for the type of EWP hired, and, upon a request being made by the owner, the hirer will provide to the owner a copy of the relevant License or certificate.
4.3. The EWP will not be used for any illegal purpose.
4.4. The hirer will not, without prior written consent of the owner, tamper with repair or modify the EWP in any way, or permit others to do so.
4.5. The hirer agrees that the EWP complies with its description, is in merchantable condition and is fit for hirer purpose.
4.6. The hirer agrees that the EWP has been received by the hirer clean and in good working order.
5. Indemnity
5.1. To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequence on the use or misuse of the EWP/ equipment during the hire period.
5.2. Without limiting clause 6.1 of the agreement, the hirer agrees that the full extent permitted by law, no warranties are given by the owner in respect of the EWP, any liability of the owner pursuant to any warranty, which cannot be excluded by law, will not exceed either the cost of repairing the EWP or the cost of resupplying the EWP, at the discretion of the owner.
6. Loss, damage or breakdown of plant and EWP
6.1. The hirer will be responsible for any loss or damage to the EWP & equipment irrespectively of how the loss or damage occurred, except for fair wear and tear, during the hire period. The hirer will be required to return any damaged equipment.
6.2. The hirer is liable for the payment of the new list price and labour to acquire any EWP or equipment not returned to the owner.
6.3. If there is a breakdown or failure of the EWP or equipment the hirer shall notify the owner immediately for the appropriate action to be taken. We will either repair the item, replace or offer a full refund. We will come out to site if within 40km of our hire location.
6.4 Cancellation of Hire
As a customer you may only cancel your hire reservation online or over the phone at any time prior to the hire commencing. Where delivery has been requested and cancellation is inside 2 hours of the start date/time a ‘ delivery’ charge will apply. The amount charged for ‘delivery’ will not exceed the quoted amount for delivery. Adelaide Electrical Hire also reserve the right to on-charge any other legitimate costs incurred following a cancellation.
7. Insurance
7.1. The owner will maintain current insurance policies in respect of the EWP & equipment to its full insurable Value.
8. Liability
8.1. The hirer will assume all risks and liabilities for, and in respect of, the EWP & equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair, storage of the EWP & equipment.
8.2. The hirer is responsible for obtaining insurance as and from the date taking possession or control (whichever is earlier) of the EWP & equipment for any loss or damage arising directly or indirectly from the hirer’s possession and use of the EWP & equipment including consequential losses arising from breakdown of the EWP & equipment.
8.3. The hirer agrees to indemnify the owner in respect of all and any liability claims, loss, damage, costs and fines that the owner may incur as a direct or indirect result of a breach this clause 8 including, but not limited to, any costs associated with the owner making a claim under any insurance policy.
9. Disclaimer
9.1. To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the EWP & equipment. At the time of design all equipment has been described as most accurate to our knowledge. Some equipment may be slightly different to listed info.
We suggest upon collection of all equipment you check the product and ensure from others it will be appropriate for the job.
Full PDF’s are available online with some operating procedures.
10. Title to the EWP / Equipment
10.1. The hirer acknowledges that the owner retains title to The EWP and that the hirer has rights to use the EWP as a mere bailee only. The hirer agrees that the hirer has no rights to pledge the owner’s credit in connection to the EWP & equipment.
10.2. The hirer agrees not to agree , offer or purport to sell, assign, sublet, lend, pledge mortgage let or hire otherwise part with or attempt to part with possession or otherwise not to deal with the EWP & equipment and not to conceal or alter the goods or make any addition or alteration to, the EWP or equipment.
11. Repossession and remedies on default
11.1. The owner may retain possession of the EWP or equipment if the hirer breaches any provision of this agreement, notwithstanding anything else herein contained.
11.2. If repossession takes place, the owner shall only charge the hire fee up to and including the time of repossession.
11.3. All cost incurred by the owner in repossessing the EWP or equipment (as a result of the hirer’s breach of this agreement) must be paid by the hirer.
11.4. In the event that the hirer fails to return the EWP or equipment to the owner or the hirer breaches any term of this agreement then the owner or its employees or agents shall have the right to enter without notice upon the hirer’s premises or any other premises where the EWP or equipment is known to be stored (and the hirer must ensure that the owner has the right to enter such premises at all times) to repossess, disconnect or decommission the EWP & equipment and for this purpose the hirer shall grant reasonable access rights and the owner, its employees or agents shall be entitled to do all things required to secure repossession of the EWP or equipment.
