Terms & Conditions
- DEFINITIONS AND CONSTRUCTION
- The meanings of the terms used in this agreement are set out below.
Claim means a claim, demand, remedy, injury, damage, loss, cost,
liability, proceeding, right of action or liability incurred by or
made or recovered against a person, however arising and whether
ascertained or unascertained, or immediate, future or contingent.
Start Date means the date on which and the time at which the Unit is
hired as set out in the Hire Schedule.
Consequential Loss means any indirect or consequential loss; loss of
use; loss of product or production;
delayed, postponed, interrupted or deferred production; inability to
produce, deliver or process; loss of profit, revenue or anticipated
revenue; loss of bargain, contract, expectation or opportunity;
punitive or exemplary damages; in each case arising from or in
connection with the performance of this agreement and whether or not
foreseeable at the time of entering into this agreement.
Customer means the person specified in the Hire Schedule.
Hire Charge means the amount set out in the Hire Schedule.
Hire Period means the period from the Start Date until the end date of
the hire as specified in the Hire Schedule or such longer period as is
otherwise agreed in writing by the parties.
Hire Schedule means the document headed ‘Hire Schedule’ that describes
the Unit to be hired.
Owner means Ryno Industries Pty Ltd trading as Ryno Hire (ABN 23 603
830 137).
PPS Act means the Personal Property Securities Act 2009 (Cth).
Security Deposit means the amount specified in the Hire Schedule as
the security deposit.
Unit means the Unit specified in the Hire Schedule and includes all
accessories supplied by the Owner - In this agreement:
(a)words in the singular include the plural and vice versa;
(b)a reference to a person is to be construed as a reference to an
individual, body corporate, unincorporated association, partnership,
joint venture or government body;
and
(c) where something is done or received after 5.00 pm on any day, it
will be taken to have been done or received on the following day. - This agreement is a payment claim under the Building & Construction Industry Payments Act 2004 (Qld).
- The meanings of the terms used in this agreement are set out below.
- OWNER’S OBLIGATIONS
- The Owner will provide the Unit to the Customer in a clean condition and in good repair and working order. The Unit will be deemed to be received by the Customer in good order and condition unless written notice of any defect is received by the Owner within two hours of the commencement of the Hire Period.
- CHARGES
- The Owner will issue a Tax Invoice in advance to the Customer for amounts due under this agreement and the Tax Invoice must be paid immediately, unless the Owner has a credit account with the Owner.
- The Hire Charge is payable by the Customer from the Start Date until the last of the following events to occur: (a)
the end of the Hire Period; (b)
the return of the Unit to the Owner in good order and condition in accordance with clause 8; or (c)
the payment to the Owner of the replacement cost of the Unit in the event the Unit is stolen, lost or destroyed. - The Customer irrevocably and unconditionally authorises the Owner to charge to the credit card nominated in the Hire Schedule any charges or other amounts due to the Owner pursuant to this agreement and to use the Security Deposit in payment of any amount due under this agreement.
- In addition to the Hire Charge, the Customer must pay: (a) 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 Customer’s use of the Unit;
(b) any other charges set out in the Hire Schedule including delivery and collection charges;
(c) all costs and expenses (on an indemnity basis) incurred by the Owner in enforcing this agreement, recovering possession of the Unit or cleaning or repairing the Unit, including the removal of labels, graffiti and other markings, if the Unit is not returned to the Owner in good order and condition;
(d) a 2.5% surcharge on any amount paid by the Customer using a credit card;
(e) subject to clause 5, if the Unit is destroyed or damaged beyond economical repair during the Hire Period or while in the custody of the Customer, the cost of repairing any damage to the Unit or replacing the Unit; and
(f) interest to the Owner on any overdue amount due under this agreement (including sums due under this clause) at the rate of 18% per annum compounded monthly.
(g) additional charges incurred for the required services in the event of an overdue account being forward to debt collectors.
- CUSTOMER’S OBLIGATIONS
- The Customer must:
(a) collect the Unit from the Owner on the Start Date or, if the Owner has agreed to deliver the Unit, accept delivery of the Unit on the Start Date;
(b) conduct a thorough hazard and risk assessment before using the Unit and comply with all laws and regulations relating to the Unit and its operation;
(c) ensure the Unit is not overloaded and is operated by a suitably trained, licensed, experienced and (if necessary) certified operator and is operated only for its intended use and in accordance with manufacturer’s instructions;
(d) ensure the Unit is protected at all times from theft, loss or damage;
(e) ensure that no person operates the Unit under the influence of drugs or alcohol;
(f) ensure the Unit is returned to the Owner at the end of the Hire Period in a clean state, including free from graffiti, labels and other markings and in good repair;
(g) bear all running expenses associated with the Unit including fuel and oil;
(h) inspect the Unit on a daily basis both prior to and subsequent to the use of the Unit to ensure that the Unit is in good working order and condition;
(i) carry out any routine day to day maintenance, including but not limited to cleaning and lubrication, that the Unit requires based on the inspections carried out in accordance with clause 4.1(h);
(j) not make any alterations or additions to the Unit or install any accessories or remove, deface or cover up any identification marks appearing on the Unit;
(k) indemnify and keep indemnified the Owner against any fine or penalty that is levied or charged as a result of the use of the Unit or a failure to comply with statutory provisions including but not limited to fines or penalties that relate to the method of loading, unloading, securing or transport of goods. - If the Unit requires servicing, breaks down or becomes unsafe to use, the Customer must:
(a) stop using the Unit and immediately notify the Owner; and
(b) not use the Unit until the Unit has been repaired by a repairer authorised by the Owner. - If a Unit requires servicing, breaks down or becomes unsafe as a result of the Customer’s negligence or breach of this agreement, the Customer will:
(a) indemnify the Owner for any costs incurred to repair the Unit; and
(b) pay the Hire Charge during the period the Unit is being serviced or repaired. - The Owner may, on reasonable notice, inspect the Unit and submit the Unit to such mechanical or other tests as the Owner, in its sole discretion, may require.
- The Customer agrees to indemnify and keep indemnified the Owner for any liability whatsoever arising out of or in any way connected with the breach by the Customer of this agreement.
- All indemnities in this agreement survive the termination or expiration of this agreement.
- The Customer must:
- RISK AND INSURANCE
- During collection, delivery, return and hire, the Unit will be at the Customer’s risk in all respects.
- The Customer:
(a) assumes all risks and liabilities for and in respect of the Unit and for injuries to or death of persons and damage to property and any Claim arising from the possession, use, maintenance, repair or repossession of the Unit; and
(b) assumes full responsibility, including, without limitation, civil, criminal and financial liability, for all acts undertaken by persons in control of the Unit. - The Customer will indemnify and keep indemnified the Owner against any Claim (including a Claim for Consequential Loss) and all costs and expenses (on an indemnity basis) incurred by the Owner in defending any Claim:
(a) arising from the loss of or destruction of the Unit or damage to the Unit arising from any cause whatsoever; and
(b) for injury to or death of persons or damage to property arising in any manner out of or relating in any way to the Customer’s use or possession of the Unit or any defect in the Unit; and
(c) incurred as a result of or in connection with the Customer’s possession or use of the Unit or the repossession of the Unit. - The Owner will maintain a policy of insurance to protect the interest of the Owner in the Unit. If the Unit is lost, stolen, damaged or destroyed during the Hire Period (Loss) the Owner will make a claim on the Policy. If the Policy provides a complete indemnity for the Loss, the liability of the Customer to the Owner for the Loss only (but not for Consequential Loss or any ongoing Hire Charges) will be limited to the excess due under the Policy which is payable on demand by the Customer.
- The Customer must take out and maintain, in the names of the Customer and the Owner, a public liability policy to cover all Claims that the Customer or the Owner may become legally liable for as a result of death of or bodily injury (including disease or illness) to any person and loss of or damage to property happening anywhere arising out of or in connection with the possession, use or operation of the Unit by the Customer.
- The Customer must provide evidence of such insurance policy by way of provision of a certificate of currency when requested by the Owner.
- The Customer must not do or omit to do any act that might in any way invalidate or prejudice any policy or claim under a policy of insurance or the Owner’s interest in any policy of insurance.
- WARRANTY
- The Owner gives no warranty and makes no representations as to the Unit’s suitability or fitness for any ordinary or any special use or as to the method of operating the Unit. Any warranty or guarantee that would otherwise be implied by law is excluded. The Customer warrants that it is relying on its own skill and judgment in hiring the Unit.
- PROPERTY IN THE UNIT
- No right, property or interest in the Unit will pass to the Customer, who will be a bailee only. The Customer must not assign any interest in the Unit or under this agreement to any person nor part with possession, sell or transfer the Unit. The Customer must not permit or suffer to be done any act, including the creation of any lien, charge, security or any encumbrance that may prejudice the right of the Owner to the Unit in any way.
- RETURN OF THE UNIT
- The Customer must return the Unit to the Owner in good order (or make the Unit available for collection by the Owner if the Owner has agreed to collect the Unit) (Return the Unit) immediately on termination of the agreement or before the expiration of the Hire Period at the address set out in the Hire Schedule.
- If the Customer does not Return the Unit the Customer authorises the Owner to enter (using such force as is necessary in the circumstances) onto any premises where it reasonably suspects the Unit to be located and to re-take possession.
- PERSONAL PROPERTY SECURITIES ACT
- This agreement constitutes a Security Agreement for the purposes of the PPS Act and creates a Security Interest in the Unit and all future units supplied by the Owner to the Customer.
- The Customer agrees to implement, maintain and comply in all material respects with any procedures for the perfection of the Owner’s Security Interests as set out in clause 9.2.
- The Customer must do all things necessary to assist the Owner to continuously perfect any Security Interest arising including signing any documents or providing any information the Owner reasonably requests.
- This agreement creates a Purchase Money Security Interest (PMSI) in favour of the Owner in the Unit. The PMSI will continue for any Unit coming into existence or for the Proceeds from the sale of a Unit.
- The Customer must not lodge or permit the lodgment of a Financing Change Statement or an Amendment Demand in respect of the Unit without the Owner’s consent.
- The Customer must immediately notify the Owner in writing of any change in the Customer’s name or other identifying characteristics of the Customer or a unit in which the Owner holds any Security Interest.
- To the maximum extent permitted by the PPS Act:
(a) the Owner is not required to give to the Customer a notice of any action the Owner takes in accordance with sections 95 or 121(4) of the PPS Act, a notice under section 130 of the PPS Act, the details required under section 132(3)(d) of the PPS Act, a written statement of account under section 132(4) of the PPS Act, or a notice required under section 135 of the PPS Act;
(b) no person can redeem the Security Interest in the Unit under section 142 of the PPS Act without the Owner’s consent; and
(c) no person may reinstate the Security Agreement under section 143 of the PPS Act without the Owner’s consent.
- TERMINATION
- If:
(a) he Customer fails to:
(i) pay the Hire Charge or any other money payable under this agreement within seven days after it become due, or fails to observe or perform any other term of this agreement;
(ii) effect or maintain any policy of insurance required by clause 5;
(b) the Customer becomes bankrupt or insolvent or ceases to carry on business or there is a material change in the business or financial condition of the Customer; or
(c) any distress, execution or other legal process is threatened or levied upon or against the Unit, the Owner may, notwithstanding any delay or previous waiver of its rights, by notice to the Customer terminate this agreement. The Customer must then Return the Unit and pay to the Owner the amount of the Hire Charge then due and the Hire Charge that would otherwise have been payable in respect of the Unit during the balance of the Hire Period and any other amount payable under this agreement. - The Owner may terminate this agreement immediately by notice to the Customer and without penalty if, in its sole discretion, it considers that it cannot supply or continue to supply the Unit to the Customer.
- Upon termination the Customer must forthwith return the Unit to the Owner in accordance with clause 8.
- If:
- ENTIRE AGREEMENT
- This agreement represents the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings between the parties.
- JURISDICTION
- This agreement will be construed in accordance with the laws in force in Queensland and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.
- COMPETITION AND CONSUMER ACT 2010 (CTH) AND OTHER LEGISLATION
- Notwithstanding anything in this agreement, the Owner will continue to be subject to any implied guarantee or warranty provided by the Competition and Consumer Act 2010 (Cth) and any other Commonwealth or state legislation to the extent such legislation applies to this agreement and prevents the exclusion, restriction or modification of any such guarantee or warranty. The liability of the Owner, if any, for breach of any warranty or guarantee implied (other than where the services are those of a kind ordinarily required for personal domestic or household use or consumption) will be limited at the option of the Owner to the supply of the hire services again or the payment of the cost of having the hire services supplied again.
- APPLICATION
- In addition to clauses 1 – 13 of the agreement, the following terms and conditions apply to the hire of any Unit. towing, transporting or operating units
- TOWING, TRANSPORTING OR OPERATING UNITS
- If the Customer is towing, transporting or operating a Unit, the Customer is responsible for ensuring that the towing weight and towing capacity of towing vehicle complies with all laws and regulations.
- The Customer acknowledges that if the Customer tows, transports or operates a Unit in breach of applicable laws and regulations relating to the towing weight and towing capacity of the towing vehicle or a Unit, that the Owner’s insurer may not insure the Owner in the event of an accident or incident.
- CHARGES
- This clause 16 applies where the Unit is a motor vehicle legally required to be registered with the Queensland Department of Transport And Main Roads (Motor Vehicle), an additional charge of $0.33 per km will be payable by the Customer where the Motor Vehicle is driven more than 150km.
- Where a Motor Vehicle is returned to the Owner without a full tank of diesel fuel, the Customer must pay a charge of $4 per litre required to fill the Motor Vehicle up.
- If the Customer notifies the Owner that a Unit requires servicing, breaks down or becomes unsafe to use, pursuant to clause 4.2 or 4.3, and the Owner reasonably deems that the servicing, breakdown or safety issue was caused as a result of the Customer’s negligence or breach of this agreement, the Customer will be charged a minimum $50 call out fee and be responsible for the repair costs incurred by the Owner.
- The Owner may issue a separate Tax Invoice to the Customer for the additional charge described in this clause, which must be paid immediately unless the Customer has an account with the Owner.
- CUSTOMER’S OBLIGATION
- The Customer must ensure that the Unit remains in Queensland at all times.
- Where the Unit is a Motor Vehicle and is hired for more than 1 day, the Customer must conduct a daily inspection before operating the Unit by walking around the Unit and taking all steps necessary to verify:
(a) All tyres are inflated to a roadworthy standard;
(b) All wheel nuts are secured;
(c) Any tailgate is securely and safely latched for transportation; and
(d) There are no water or oil leaks. - If a Unit’s tray is loaded, then before the Customer (or any of its personnel) operates the loaded Unit, the Customer must:
(a) ensure that any payload is covered if necessary, secured and safe for the Customer’s intended transportation;
(b) ensure any machine loaded onto the tray is tied down or affixed to the tray, and is secured and safe for the Customer’s intended transportation. - If a Unit is being used to tow, then before the Customer (or any of its personnel) operate the Unit, the Customer must ensure that:
(a) the trailer is hitched correctly and securely;
(b) the trailer is in good working order;
(c) the trailer’s tyres are inflated to a roadworthy standard;
(d) there are no wheel nuts missing from the trailer;
(e) the trailer’s load is tied down or affixed to the trailer and is secured and safe for the Customer’s intended transportation. - The Customer acknowledges that a Motor Vehicle requires servicing every 30,000km as per the manufacturer’s warranty specifications.
- ENTIRE AGREEMENT
- This agreement, consisting of clauses 1 – 18, represents the entire agreement between the parties and supersedes all prior representations, statements, and understandings between the parties.
