Equipment Hire Terms and Conditions

Superior Access Hire Pty Ltd
A.B.N. 61 659 283 879

NOTICE: Please read the terms and conditions carefully. If you have any questions, please contact Superior Access Hire Pty Ltd.

TO THE CUSTOMER: The terms and conditions form part of this legally binding agreement, including hirer’s disclaimer from all liability for injury and damage. By signing the declaration, you agree to be bound by the terms and conditions set out herein.

1.0 Definitions and Interpretation:

1.1 Definitions
Commencement means the date and time that the customer takes possession of the equipment, or the date and time that has been agreed between the parties for the customer to take possession of the equipment.
Customer means the individual, company, or any other entity who enters into the agreement and signs the declaration.
Delivery Area means a distance of less than 120 kilometers by road from Wynnum QLD 4178.
Equipment means any equipment that is for hire by Superior Access Hire Pty Ltd, which includes and is not limited to trestles, planks, plank clamps, safety rail systems, mobile towers and kits, step ladders, extension ladders, scissor lifts, boom lifts, plant trailers, accompanying accessories and materials.
Hire Area means an area less than 500km from Wynnum QLD 4178.
Hire Charge means the amount payable by the Customer to hire the equipment as indicated on the tax invoice.
Hire Fees means any applicable charge or cost that is payable by the Customer to the Owner and includes and is not limited to equipment hire, operator training, services, stamp duties, tolls, fines, infringements, penalties, levies, licenses, freight, any parts labor and materials required for modification (if agreed by Superior Access Hire Pty Ltd), cleaning, consumables, interest on late payments, any replacement or parts replacement or service required for damaged goods, PPSR related costs, legal costs due to the Customer’s default, and any other direct or indirect charge incurred as a result of hiring the equipment.
Hire Period means the agreed period from commencement of the hire until the Equipment has either been returned and in the possession of Superior Access Hire Pty Ltd in a condition that is fit for purpose or when the Customer has received a valid Pick Up Booking from Superior Access Hire Pty Ltd. The Hire Period is inclusive of weekends and public holidays. Any such extension of the hire period must be agreed to by Superior Access Hire Pty Ltd.
Lost means goods that are unable to be located or recovered by the Customer to Superior Access Hire Pty Ltd after thirty (30) days from the initially agreed Hire Period expiration date.
Notice means notice by written letter to the nominated email or postal address of the party, or verbal notice to the nominated contact number of the party. Superior Access Hire Pty Ltd A.B.N. 61 659 283 879
Owner means Superior Access Hire Pty Ltd or any relevant affiliate if necessary.
Pick Up Booking means a pick update and time that has been confirmed by the Customer and Superior Access Hire Pty Ltd to collect the Equipment from the requested location.
PPS Act means the Personal Properties Securities Act 2009 (Cth).

1.2 Interpretation
(a) Any words importing to the singular include the plural and vice versa.
(b) Any reference to a person includes a corporation, trust, partnership, unincorporated body, government, local authority or agency, or other entity whether or not it comprises a separate legal entity.
(c) Any reference to a party includes the party’s successors, permitted substitutes, and permitted assignees.
(d) Any reference to “us” or “we” refers to the Owner as defined in this Agreement.
(e) Any reference to “you” refers to the Customer as defined in this Agreement.
(f) Any reference to currency is to the Australian Dollar (AUD).
(g) Any reference to an amount payable is exclusive of GST.
(h) If any of the Terms and Conditions of the Agreement are void or become voidable by reason of any statute or rule of law, then that term or condition shall be severed from the Agreement without affecting the enforceability of the remaining terms and conditions.
(i) The Agreement is governed by the law of the state of Queensland, and all parties to this agreement submit to the jurisdiction.

2.0 Duration of Hire:

2.1 The Customer is entitled to use the Equipment for the duration of the Hire Period.
2.2 Any extension of the Hire Period must be agreed to by the Owner. A minimum Hire Period may apply in such circumstances. If a minimum period applies the Owner must notify the Customer accordingly.
2.3 The Customer agrees to return the equipment on demand to the Owner.
2.4 The Customer acknowledges that the hire agreement may be terminated at any time without reason by the Owner.
2.5 The Customer acknowledges that the Owner may inspect the Equipment at any time during the Hire Period and the Customer agrees to provide the Owner access to inspect upon demand.

3.0 Payment of Hired Equipment and other Charges:

3.1 The Customer agrees to pay the Owner the Hire Charge relating to the Equipment hired throughout the Hire Period plus GST and any other applicable Hire Fees as defined in the Agreement.
3.2 Hire Charges and anticipated Hire Fees will be issued on a Tax Invoice to the Customer and must be paid to the Owner prior to the Hire Period commencing. Any Hire Charges and Fees incurred after the Hire Period commences will be issued on an additional tax invoice and payable within 14 days from issue.
3.3 Notwithstanding 3.2, if the Customer is Credit Approved they must pay their account within 30 days from the end of the month of the date of issue. Superior Access Hire Pty Ltd A.B.N. 61 659 283 879
3.4 Any Hire Charges and Hire Fees incurred by the Customer will be issued to the Customer in due course and must be paid in accordance with items 3.2 and 3.3.
3.5 If the Tax Invoice or Account is not paid by the due date, the Owner at their discretion has the right to:

3.5.A Charge the Customer interest on the unpaid amount compounding monthly at a rate of ten (10) percent; and
3.5.B Charge the Customer 100 percent of all costs and expenses incurred as a result of attempting to recover the unpaid amount with interest compounding monthly at a rate of ten (10) percent.

3.6 The customer acknowledges that the quotation provided for the Hire Period is for usage/operation of the Equipment for up to eight (8) hours per day. Any usage of the Equipment over eight (8) hours may incur additional charges at the discretion of the Owner.
3.7 The Customer agrees that any deposit paid by them for the hire of the Equipment can be used by the Owner in payment of the Hire Fees or any other charges payable by the Customer under the Agreement.
3.8 The Customer is responsible for the payment of any Hire Fees that are incurred as a result of hiring the Equipment.

3.8.A For the sake of clarity, any consumables used by the customer are to be charged at a reasonable commercial rate by the Owner.

3.9 The Owner may charge a cancellation fee where the equipment has been reserved by booking and the Customer cancels the booking without reasonable notice, or fails to take delivery of the equipment.
3.10 The Owner may charge a fee at their discretion for any payment made to them by credit card.
3.11 The Customer is responsible for the payment of any Hire Fees incurred while they were in possession of the hired Equipment or within the Hire Period. Such fees include and are not limited to traffic fines, penalties, and parking infringements.
3.12 The Customer is fully responsible for the payment of any charge relating to labor, parts, or replacement of Equipment as a result of damage incurred by the Customer.
3.13 The customer agrees that any quotation is an estimate only, and the final Hire Charge and Fees may vary from the quotation.

4.0 Delivery and Collection of Hired Equipment:

4.1 Equipment that requires delivery attracts a minimum hire period of one (1) day.
4.2 Deliveries and Collections are made during the Owner’s trading hours which are as follows:

4.2.A Monday to Friday – 6.30am to 5.00pm local time.
4.2.B Saturday – 8.00am to 12.00pm local time.
4.2.C Any delivery requested outside of trading hours will attract additional charges.

4.3 Charges for delivery and collection of the Hired Equipment will vary depending on distance and/or duration from where the Equipment is stored to the delivery address as requested by the Customer.

4.3.A Any delivery outside of the Delivery Area will attract additional charges. Superior Access Hire Pty Ltd A.B.N. 61 659 283 879

4.4 The charges for delivery and collection will vary depending on transport requirements for the Equipment.
4.5 Any delivery amount displayed is one-way only and one load only. If a larger vehicle or if multiple vehicles are required for delivery or collection, we will contact you prior to confirm costs.
4.6 It is the responsibility of the Customer to request a collection with the Owner. The Owner will then confirm an estimated pick up date and time.

4.6.A The Owner will endeavor to collect the goods as soon as practicable after the request has been received.

4.7 The Equipment remains on hire (and chargeable) to the Customer until the Customer has been issued with a Pick Up Booking from the Owner.
4.8 It is the responsibility of the Customer to ensure that there is a safe area for the unloading and demonstration of the equipment, and for completing any necessary paperwork.
4.9 If collection is required, it is the responsibility of the Customer to ensure that the Equipment is correctly disassembled before collection. If the Equipment is not correctly disassembled when collection is due to occur, the Equipment will remain on hire until such a time that the Equipment is disassembled.
4.10 If collection is required, it is the responsibility of the Customer to ensure that the Equipment is grouped together in the location where it was delivered.
4.11 It is the responsibility of the Customer to notify the Owner to communicate any concerns regarding the safe delivery and/or collection of the Equipment prior to a delivery or collection occurring.

5.0 Damaged Equipment and non-Return:

5.1 The Customer must immediately stop using and notify the Owner immediately if the Equipment is damaged in any way throughout the duration of the Hire Period.

5.1.A The Customer must take all reasonable steps to ensure that the Equipment is not used or able to injure any persons or property while it is damaged.

5.2 The Customer will be responsible for any loss or damage to the Equipment which occurs as a result of the hire, irrespective of how the loss or damage occurred.
5.3 Any and all damage (not including fair wear and tear) to any of the Owner’s Equipment incurred during or as a result of the Hire will be charged in full or if needed, the full replacement value to the Customer. The Customer will be issued with a tax invoice for the repairs including down time (non hire period) of the Equipment at the standard Hire Charge.
5.4 If the Equipment in part or in full is not returned to the Owner at the expiration of the agreed Hire Period and is defined as lost, the Customer will be responsible for the full cost of replacing the Equipment and the down time (non hire period) of the Equipment at the standard hire charge. 5.5 If the Equipment in part or in full is not returned to the Owner at the expiration of the agreed Hire Period, the Owner may declare the goods as stolen and report it to the relevant authority.

6.0 Cross Hire:

6.1 The Customer must not on-hire the equipment to any third party unless the following requirements are satisfied: Superior Access Hire Pty Ltd A.B.N. 61 659 283 879

6.1.A The Owner agrees to the third party cross hire;
6.1.B The customer is known to the Owner as an on-hire customer, by indicating as such in the ‘Type of Business’ field on the credit application form;
6.1.C The third party who the equipment is being cross hired to agrees to be bound by the Owners terms and conditions as contained in this Agreement.

6.2 In the event of a third-party cross hire being agreed to by the Owner, the Customer shall remain liable in accordance with the terms of the hire agreement.
6.3 In the event of a third-party cross hire being agreed to by the Owner, the Customer must take all steps necessary, including registration under the PPS Act to ensure that any security interest arising under or in respect of any cross hire is enforceable, perfected and in all respects effective in accordance with the relevant legislation.

6.3.A The Owner access may charge the Customer for any cost or expense incurred in relation to effecting or enforcing the security interest.

7.0 Customer Warranties:

7.1 The Customer warrants that the Equipment will be used in accordance with the terms and conditions outlined in this Agreement and only for the Equipment’s intended purpose.
7.2 The Customer warrants that the Equipment will be maintained, oiled and greased in accordance with information provided by the Owner (if applicable) by either written or verbal advice, or as it is displayed on the Equipment.
7.3 The Customer warrants that any tax invoice will be paid by the due date.
7.4 The Customer warrants that they hold any applicable license, permit, certification, or approval which is or may be required from time to time to use the Equipment.
7.5 The Customer warrants that they have effected the appropriate insurance to cover all liabilities that could result from the use of the Equipment.
7.6 The Customer warrants that the Equipment will not be used for an illegal purpose.
7.7 The Customer warrants that they will handle the Equipment with due care and skill at all times, fair wear and tear expected.
7.8 The Customer warrants that they will safely and securely store the Equipment when it is not in use.
7.9 The Customer warrants that they will conduct a risk assessment and comply with all applicable Occupational Health and Safety laws or other legislation as required.
7.10 The Customer warrants that they will take all necessary steps to prevent injury occurring to persons or property while using the Equipment. 7.11 The Customer warrants that any vehicle used for towing of the equipment (if required) is suitable for use.
7.12 The Customer warrants that they will not take or cause any Equipment to be removed outside of the Hire Area.
7.13 The Customer warrants that they will not tamper with, amend, conceal, modify, alter or change the equipment in any way, or permit another party to do so.
7.14 The Customer warrants that they will not to offer to sell, assign, sub-let, charge, lend, pledge, mortgage, let or hire or otherwise part with or attempt to part with personal possession of, or create any security interest over, the Equipment.
7.15 The Customer warrants that upon signing the declaration that the Equipment supplied complies with its description, is in merchantable condition and is fit for the customer’s purpose. Superior Access Hire Pty Ltd A.B.N. 61 659 283 879
7.16 The Customer agrees that upon signing the declaration the equipment has been received by the customer in clean and good working order.

8.0 Customer Indemnity:

8.1 The Customer will assume all risks and liabilities for, and in respect of, the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the customer’s possession, use, maintenance, repair, storage or transport of the equipment.
8.2 To the full extent permitted by law, the Customer releases, discharges and indemnifies the Owner from all claims and demands by third parties arising out of or consequent on the use or misuse of the equipment during the hire period.
8.3 The Customer indemnifies the Owner from any claims arising out of the use of the equipment including and not limited to damage to property, persons, livestock, and underground services.

9.0 Owner Warranties:

9.1 The Owner warrants that they are the owner of the Equipment and retains the title to the Equipment at all times.
9.2 The Owner does not accept any responsibility or liability for the fitness or suitability of the intended use for the Customer.
9.3 The Customer agrees that to the full extent permitted by law, that no warranties are given by the Owner in respect of the Equipment in regard to any legislation or law.
9.4 Where the Australian Consumer Law applies, the Customer will have the benefit of the consumer guarantees which cannot be excluded by law.
9.5 Any liability of the Owner pursuant to any warranty which cannot be excluded by law will not exceed the replacement or repair of the Equipment, or the cost of replacement or repair of the Equipment at the Owners sole discretion.
9.6 The Owner warrants that the equipment will be available to the Customer clean, and in good working order.
9.7 The Owner will rectify minor Equipment faults where possible when they occur throughout the Hire Period.
9.8 In the case of a major breakdown, the Owner will attempt to replace the Equipment as soon as practicable. The Customer releases the Owner from any liability for the loss caused by the breakdown of any equipment.

10.0 End or Termination of Hire Agreement:

10.1 At the end of the Hire Period, the Customer must ensure the Equipment is:

10.1.A Returned to the Owner in a clean condition. If the Equipment is not returned in a clean condition, the Customer agrees to pay a reasonable cleaning fee at the discretion of the Owner;
10.1.B Returned to the Owner fully fuelled or charged (if applicable). If the Equipment is not fully fuelled or charged, the Customer agrees to pay the cost of refuelling or charging the Equipment;
10.1.C Maintained, oiled and greased as required;
10.1.D Returned to the Owner’s nominated delivery address either on or before the end of the hire period.

10.2 The Owner may unilaterally terminate the Hire Agreement if the Customer breaches any provision of this Agreement. Superior Access Hire Pty Ltd A.B.N. 61 659 283 879

10.2.A The Owner may retake possession of the Equipment as a result of 10.2.
10.2.B All costs incurred by the Owner in repossessing due to a breach are to be paid by the Customer.
10.2.C The Customer grants permission to the Owner to enter any premises where the equipment listed in the hire agreement is situated to disconnect, decommission and/or remove that equipment.

10.3 Following the breach of any provision of this Agreement by the customer, the Owner is able to terminate the Agreement.
10.4 Notwithstanding any provision or remedy in this Agreement, the Owner is able to sue for recovery of any damages or loss, or apply for any orders appropriate at law.

11.0 PPS Act

11.1 In relation to any security interest constituted or contemplated in the equipment by the hire agreement, and in relation to any proceeds arising from any dealing in the equipment, the customer consents to the Owner affecting and maintaining a registration on the register in the manner the Owner considers necessary, including a master security interest registration that stays on the customer’s record at all times, even if no equipment is currently being hired by the customer of that security interest.
11.2 The customer also agrees to sign any documents and provide all cooperation to the Owner as required to facilitate that registration and maintenance.
11.3 At the sole discretion of the Owner, they may register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest) at any time.
11.4 The Customer’s right to receive notice of a verification statement regarding the registration of a security interest on the register in respect of the equipment is hereby waived.
11.5 The Customer agrees not to register a financing change statement in respect of a security interest contemplated or constituted by the Owner, or in favour of a third party, without the Owners prior written consent.
11.6 The Customer must not create, purport to create or allow to be created any security interest in the equipment without the Owner’s prior obtained written consent.
11.7 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with the hire agreement and sections 115(1) or 115(7) of the PSS Act allows for contracting out, then the following provisions of the PPS Act will not apply and the Customer will have no rights under them:

11.7.A in respect of section 115(1), section 95 (to the extent of notices to the grantor); section 96; section 118 (to the extent of notices to the grantor); sections 121(4); 125; 130; 132(3)(d); 132(4); 135; 142; and 143; and
11.7.B in respect of section 115(7): sections 127; 129(2); 129(3); 130(i); 132; 134(s); 135; 136(3); 136(4); 136(5); 137; and 275(7)

11.8 The Customer and Owner agree not to disclose information of the kind referred to in section 275(1) of the PPS Act.
11.9 For the sake of clarity, the equipment is the collateral and the security Agreement is the hire agreement pursuant to the PPS Act.
11.10 Money received from the Customer in connection with the hire agreement may be applied by the Owner towards the Customer’s obligations under any security Superior Access Hire Pty Ltd A.B.N. 61 659 283 879 interest contemplated or constituted by the hire agreement in any way Owner determines.
11.11 The Customer agrees to notify the Owner immediately in writing of any material change to the information contained in or associated with the credit application form.