1. PRELIMINARY: The words “owner” and “hirer” used herein mean respectively the firm and the person or persons so designated on the face of this agreement and the particulars as to dates, hiring charges and registered numbers there written are deemed to form part of the agreement, the consideration for which being the hiring charges agreed to be paid by the hirer and the promise of the owner to hire, subject to the terms and condition following:
2. INDEMNITY AND DAMAGES TO OR LOSS OF EQUIPMENT: The hirer shall indemnify and keep indemnified and save harmless the owner and the owner’s servants and agents from and against all damages, actions, claims and demands whatsoever including the costs, charges, expenses thereof caused by or arising directly or indirectly or in connection with the transport, use, operation or maintenance of any equipment hired whether resulting from the negligence of the owner, it’s servants or agents or otherwise.
3. OWNERSHIP OF EQUIPMENT: The Equipment shall at all times remain the property of Tree Care Machinery. The Hirer agrees not to sell, transfer license, loan, hire or give the Equipment to any one or to part with or share possession of the equipment or do anything which may affect Tree Care Machinery’s interest in the Equipment. If the Equipment is hired on to a third party by the Hirer – it remains the responsibility of the Hirer to provide proof of insurance under the Hirer’s own insurance policy or pay the required Damage Waiver Excess. No discounts are given on contracts if the equipment is not used on the premises of the Hirer.
4. ACCEPTANCE OF EQUIPMENT: The Hirer
a) Acknowledges having inspected the equipment and fittings and agrees that they are roadworthy, clean and in good condition.
b) Undertakes to return the equipment to the owner at its place of business on the due date in similar condition to (a) above, failing which from any cause whatever the hirer will pay the cost of cleaning and recovering same.
c) If the equipment is not returned to the owner at its place of business on the due date as in (b) above then the owner is authorized to take whatever action it deems necessary at the cost of the hirer to recover the said equipment and the hirer will forthwith on demand indemnify the owner for the cost of the said recovery.
5. USE OF EQUIPMENT:
a) The hirer shall at all times use the equipment in a skilful and proper manner and in accordance with all Laws and Government Regulations and shall at his own expense, service, clean and maintain the equipment in good substantial repair and condition (reasonable wear and tear excepted) and shall return the equipment in good order and repair and in a clean state.
b) The hirer certifies that the person who will operate the equipment is a qualified and experienced operator of the equipment and is licensed to use same.
6. BREAKDOWN: In the event of a breakdown or failure of the equipment the hirer shall return the equipment to the owner’s premises forthwith at the hirer’s expense and on no account shall he repair or attempt to repair the equipment. If such breakdown or failure is caused by the hirer’s negligence or misuse of the equipment then the period of hire shall end when the goods have been repaired or replaced and the hirer has paid for such repair and/or replacement. Under no circumstances shall the owner be responsible for any expenditure damages and/or loss incurred by the hirer arising out of any repossession, breakdown or failure of the equipment whether caused by fair wear and tear, negligence on the part of the owner or any other reason whatsoever.
7. REPOSSESSION BY THE OWNER: Notwithstanding anything herein contained the owner may at any time (without giving any reason therefore) repossess the equipment without notice. If such repossession takes place, without prejudice to any of the owner’s other rights hereunder he shall only charge for hire up to the time of such repossession.
8. HIRER’S RESPONSIBILITY:
a) The hirer accepts full responsibility for the equipment and fittings, and agrees to indemnify the owner against all loss of , and damage to the said equipment, whether mechanical or otherwise, and also against all claims, damages and costs howsoever arising out of or connected with the use of the equipment by the hirer.
b) The hirer shall report immediately by telephone or email, any damage to the equipment which may occur prior to its return to the owner and also any occurrence in which the equipment may be involved, and in which damage may be suffered by any person or vehicle. Failure on the part of the hirer to make a full and complete disclosure to the owner as to any such damage or occurrence shall render him personally liable for the natural and probable consequences of his failure to do so.
c) The benefit of this agreement is personal to the hirer, and is not assignable by the Hirer.
d) Should any of the overleaf mentioned items be lost, stolen, damaged or rendered unserviceable in any way, the Hirer is responsible to:
- Repair to Original Condition, or
- Replace with an identical item, or
- Pay a sum equal to the replacement value of the said item.
9. HIRE IN METROPOLITAN AREAS: Charged from time equipment leaves our premises to time it is returned.
10. HIRE IN COUNTRY AREAS: Charged from time equipment leaves our premises to time it is returned.
11. DAILY HIRE RATES: Daily rental is over a 24-hour period based on usage of 6 hours or less.
12. WEEKEND RATES: Chargeable at normal daily rates for days worked.
NOTE: A charge will be made when the hired equipment is used on Saturday and/or Sunday. If it is the hirer’s intention not to use equipment on the Saturday then it is the responsibility of the hirer to notify the Tree Care Machinery staff on the Friday prior to the Saturday that the equipment will not be used. If the hirer fails to notify then the rate applicable to Saturday will be charged.
13. OPERATING INSTRUCTIONS: Given by our experienced mechanics or sales staff upon delivery.
14. CARTAGE: Cartage is charged to customer’s account.
15. BOOKING: If equipment booked is not available on the due date, for any reason, then the owner shall if possible substitute similar equipment, and if that is not possible, will notify the hirer immediately such condition becomes known, and refund such monies, if any, paid by the hirer, and there shall be no further liability on the owner other than to make such refund.
16. LATE RETURN OF EQUIPMENT: If the equipment is returned later than the due date but within 24 hours of the expiration of the due date then a late return charge will apply only where the owner has been notified of the late return by the hirer prior to the expiration of the contract.
17. MAINTENANCE: The Hirer undertakes to and is responsible for:
a) Daily check of oil, water, batteries, fuel and air filters.
b) Daily greasing as per manufacturers recommendations.
c) Returning the machine to Tree Care Machinery as requested.
18. LIABILITY: Where permitted by the Trade Practices Act 1974, Tree Care Machinery shall not be liable to the hirer or any third party in respect of any loss or damage, however, caused arising directly or indirectly from the hire of the Equipment. Tree Care Machinery’s liability if any is limited to refund of the hire fees charged for such Equipment. All other excludable warranties whether express or implied are excluded. The Hirer indemnifies or holds harmless Tree Care Machinery from all any liability, losses, damage, claims, demands and expenses of any kind however caused arising directly or indirectly from this Equipment Hire Contract.
Tree Care Machinery reserve the right to amend the terms and conditions of this Equipment Hire Contract at any time.
No course of action shall arise in favour of the hirer nor demand be made by the hirer, for loss of use against the owner should the equipment by any cause whatever become unusable out of the hire.
The owner or his insurance company accepts no responsibility for damage or injury to any person or any personal property of the hirer in or about the equipment.
The equipment is hired out in clean state. Equipment returned in a dirty state will be subject to a cleaning charge. Minimum charge is 0.5 hours of labour plus GST.
The equipment is not to be taken out of South Australia without the written consent of the owner. Breach of this will be considered as theft.
Rims, tyres and tube damage are the responsibility of the customer (Hirer).
Driver’s responsibility to ensure that towed vehicle is securely and properly attached to towing vehicle. Towing speed not to exceed manufacturers limits.
The machine shall remain in the care and possession of the hirer. Tree Care Machinery reserves the right to terminate this hire contract at any time.