HIRE AGREEMENT. Between Chesterfield Australia Pty Ltd ACN and the party named below as the Hirer. Hirer Details

Transcription

1 HIRE AGREEMENT This Agreement is dated the day of Between Chesterfield Australia Pty Ltd ACN and the party named below as the Hirer. Hirer Details Legal/Trustee ABN: Item 1: Hirer s Details Item 2: Chesterfield Australia representatives: ACN: Trading Name (if any): Trust Name (if any): Trust ABN: Address: Phone Facsimile: Accounts Position/Title: Address: Phone: Facsimile: Salesperson: I am/we are authorised to sign this Hire Agreement form on behalf of the Hirer and the information given is true and correct to the best of my/our knowledge. Signature Signature Name (print) Witness name (print) Position Date Date Page 1 of 5

2 DEFINITIONS AND INTERPRETATION In this Agreement: Agreement means this Agreement together with all Schedules. Business Day means a day on which banks are open for general banking business in Queensland. Business Hours are between the hours of 8am to 4pm in Queensland., or as otherwise agreed with us. Equipment means all or any equipment as stated in the Hire Schedule and as updated from time to time (including, unless otherwise agreed with Us, any vehicle, replacement parts, components, and other items used to service and maintain the Equipment), including associated or attached tools, accessories and parts hired by Us to You in accordance with this Agreement, as the context requires. Fair Wear and Tear means wear and tear that happens through ordinary day to day use of the Equipment but will not include dents, large, deep scratches or serious damage to the Equipment that would render is unusable ; GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Hire Charges means the rates and charges payable by You for the hire of the Equipment. Hire Period means the Initial Period; Initial Period means the fixed initial hire agreed between Us and You together with an agreed extension to this period; We, Our and Us means Chesterfield Australia Pty Ltd ACN ; and You and Your and Yourself refers to the person, firm, organisation, partnership, corporation, trust or other entity hiring Equipment from Us. HIRER S OBLIGATIONS You must, at your own cost: clean, maintain, fuel, lubricate and otherwise keep the Equipment in good condition in accordance with any manufacturer s instructions and instructions provided by Us; protect the Equipment from loss or damage, and store the Equipment safely and securely; keep the Equipment in Your possession, in a suitable place, and not part with possession of any Equipment; not remove fuel or oil tank caps, bund plus or seals from the Equipment and ensure that they are in place at the end of the Hire Period; promptly notify Us of loss of, or material damage to, the Equipment; observe warranties given by the manufacturer of the Equipment; use the Equipment only for the purpose for which it has been designed and operated strictly, properly and skilfully in accordance with the manufacturer s manuals and recommendations and Our directions; use Your best endeavours to use the Equipment in a manner which will minimise damage to the Equipment; use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances. If the Equipment breaks down, becomes damaged or is involved in any accident, You agree to: immediately notify Us of the incident; cease using the Equipment immediately; take all reasonable and necessary steps to avoid any further damage, including any injury from occurring as a result of the Equipment; not repair or attempt to repair the Equipment without Our written agreement. If the Equipment has broken down or become unsafe to use as a result of Your acts or omissions, (or the acts or omissions of Your employees or contractors) or if the Equipment is lost, stolen or damaged beyond Fair Wear and Tear during the Hire Period, You will be liable for: any costs incurred by Us to recover and repair or replace the Equipment; and the Hire Charges for that portion of the Hire Period during which the Equipment is being recovered and repaired or replaced. You warrant that the Equipment will not be operated by: any person who does not hold a valid motor vehicle licence for the class of vehicle hired; any driver who is not covered by Your insurance policy; and any person who is under the influence of alcohol or drugs or any other substances, we will not be liable for any costs or damage arising as a result of a breach of this clause. HIRE CHARGES The Hire Price for the Equipment will be as advised by us in writing or verbally at the time of onhire. Alternatively, a detailed in the Hire Schedule below or the pricing schedule provided to you at the time of hire. RETURN OF EQUIPMENT The Equipment must be returned: in the same state of cleanliness that it was in at the time You took possession of it; in the same condition as at the commencement of hire save for Fair Wear and Tear; and cleaned to an industry standard if such standard applies to the Equipment hired. The Equipment must be returned during Business Hours. RISK AND TITLE You acknowledge that We own the Equipment and in all circumstances. We retain title to the Equipment (even if You go into liquidation or become bankrupt during the Hire Period). Your rights to Use the Equipment are as a bailee only. The Equipment shall be at Your risk from the moment You take possession of the Equipment until the moment You return possession of the Equipment to Us, including all risks and liability in relation to the use and storage of the Equipment and any liability for injury to any person or damage to any property incurred directly or indirectly as a result of the transportation, use or storage of the Equipment. EXCLUSION OF WARRANTIES Except as expressly provided to the contrary in this Agreement, all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to this Hire Agreement or its subject matter are excluded to the maximum extent permitted by law. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited. LIMITATION OF LIABILITY We will not be liable to You, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by You. You acknowledge and agree that before entering into this Agreement, You have satisfied Yourself as to the specifications, condition, suitability and fitness for purpose of the Equipment for the purposes You intend to use it for. We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose. To the maximum extent permitted by law, Our maximum aggregate liability for all claims relating to the Equipment or this Agreement, whether in contract, tort, in equity, under statute or on any other basis, is limited to an amount equal to the Hire Charges paid by You. INDEMNITIES You agree to indemnify Us in respect of all liability, claims, damage, loss, costs and expenses that We may suffer or incur at any time, directly or indirectly, as a result of: loss of, or damage to, the Equipment by any cause (including lawful confiscation) while the Equipment is at Your risk; damage to property or death of, or injury to, any person caused directly or indirectly by the Equipment while the Equipment is at Your risk; any claim against Us in relation to any incident concerning the Equipment or its use, operation, transportation or storage where such incident occurs while the Equipment is at Your risk; any other thing in relation to which You have assumed the risk or liability under this Agreement; or any default by You in the performance or observance of Your obligations under this Agreement. Your liability to indemnify Us is a continuing obligation separate and independent from Your other obligations and survives termination of this Agreement. If You are in breach of this Agreement, We may, at Your cost, take all steps necessary (including legal action) to recover the Equipment, including entering Your premises to do so and You expressly consent to Us entering Your premises for the purposes of recovering Our Equipment. Payments by You, or on Your behalf will be applied by Us as follows. Firstly, in payment of any and all collection costs and legal costs. Secondly, in payment of any interest incurred in accordance with this Agreement. Thirdly, in payment of the outstanding invoice(s). GOVERNING LAW This Agreement is governed by the laws of Queensland and each party submits to the nonexclusive jurisdiction of the courts of that State in respect of any proceedings arising in connection with this Agreement. MISCELLANEOUS Any failure by Us to enforce any clause of this Agreement, or any forbearance, delay or waiver of Our rights or indulgence granted by Us to You will not be construed as a waiver of Our rights under this Agreement and a single or partial exercise or waiver by a party of any right under or relating to this Agreement will not prevent any other exercise of that right or the exercise of any other right. Page 2 of 5

3 Equipment Schedule Terms and Conditions of Equipment Hire Hire Schedule Equipment On-Hire Date Off-Hire date Total days hire Details of equipment Hire charges Admin fee Extra Total (ex GST) GST Total This Hire Schedule forms part of the Hire Agreement. Page 3 of 5

4 Hire Schedule Photos of Equipment Photos of Equipment: FRONT VEHICLE VIEW BACK VEHICLE VIEW LEFT VEHICLE VIEW RIGHT VEHICLE VIEW Signed: Position: Date: This Hire Schedule forms part of the Hire Agreement. Page 4 of 5

5 Hire Schedule Privacy Statement This privacy statement encompasses consents, notifications and disclosures under or in relation to the Privacy Act 1988 (as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012) (Act). The terms of this statement operate concurrently with any pre-existing privacy statement, authorisation or notification, whether contained in our credit application, terms and conditions of trade, hire agreement or otherwise, save to the extent of any inconsistency in which case the terms of this privacy statement shall prevail. For the purpose of this statement, the terms personal information, sensitive information, credit eligibility information, credit information, commercial credit purpose, credit guarantee purpose, consumer credit purpose, credit reporting body, credit provider, credit reporting information, credit reporting code carry the same meaning as under the Act and the term Information means personal information, sensitive information, credit eligibility information, credit reporting information and credit information, both severally and collectively. We may collect personal information about You for Our primary purposes which include the assessment of a credit application, reviewing existing credit terms, assessing credit worthiness, collecting overdue payments, assessing credit guarantees (current and prospective), internal management purposes, marketing, sales and business development purposes and direct marketing. You consent to Us collecting, using and disclosing personal information (including sensitive information) for both their primary purposes specified herein and purposes other than the primary purposes, including the purpose of direct marketing. We may collect, and may already have collected, Information from You, other credit providers, credit reporting bodies and other third parties for the purposes of its functions and activities including, but not limited to, credit, sales, marketing and administration. If the Information was not collected by Us it may restrict or impede upon Us trading with, extending credit to, continuing to extend credit to or extending further credit to You or Your related bodies corporate. You consent to Us obtaining and making disclosure of Information about You from and to a credit reporting body and/or another credit provider for a commercial credit related purpose and/or a credit guarantee purpose and/or a consumer credit purpose and/or another related purpose. We notify You that it may use and/or disclose credit eligibility information under section 21G of the Act. We may provide personal information about You to any or all of the credit reporting bodies nominated below. We intend to disclose default information to any or all of the credit reporting bodies listed below. You consent to such disclosure. Our credit reporting policy contains a statement of notifiable matters in accordance with s21c of the Act and items 4.1 and 4.2 of the Credit Reporting Code in respect of disclosure to credit reporting bodies including what the information may be used for, what We may disclose and Your right to request limitations to the use of their information. Equifax Australia Level 15, 100 Arthur Street NORTH SYDNEY NSW 2060 Tel: Creditor Watch Level 13, 109 Pitt Street SYDNEY NSW 2000 Tel: NCI Level 2, 165 Grenfell St ADELAIDE SA 5000 Tel: illion Level 2, 143 Coronation Drive MILTON QLD 4064 Tel: Experian Level 6, 549 St Kilda Road MELBOURNE VIC 3004 Tel: We may disclose Information to, and about them and You hereby acknowledge that You consent to the disclosure of such information to Our employees, subsidiaries, employees, agents and related bodies corporate, past, present or prospective credit providers of Your or Your related bodies corporate, including for the purpose of that person considering whether to offer to act as guarantor or offer security for that credit, and/or overseas recipients and recipients who do not have an Australian link. A full copy of Our privacy policy and credit reporting policy can be obtained by making a request in writing directed to Our privacy officer. Our privacy policy and credit reporting policy contain information about how to access and seek correction of Information, or how to complain about a breach of the Act, APP, code(s) and how We will deal with any such complaint. You will be deemed to have acknowledged and accepted the terms of this privacy statement by either signing and returning this statement, failing to provide written notification to Us within 14 days of receipt of this statement that its terms are not accepted, continuing to trade with Us after receipt of this Statement or, where You are directors of a customer, by not taking steps to prevent the customer from continuing to trade with Us after receipt of this statement. Signed: Position: Date: This Hire Schedule forms part of the Hire Agreement Page 5 of 5