Terms and Conditions
1. Hire of EWP & Plant
1.1 The hiring of the EWP will commence from the commencement date specified in the Schedule and continue for the term
specified in the Schedule.
1.2 The hirer is entitled to use the EWP for the hire period. Any extension of the period must be agreed by the owner.
1.3 The hirer agrees to return the EWP to the address of the owner on or before the end of the hire period as outlined in the
Schedule.
2. Payment of Rental
2.1 The hirer agrees to pay the owner the hire fee and the damage waiver fee specified in the Schedule, for the EWP for the hire period including any applicable GST, stamp duties, tolls, fines, penalties, levies or freight, and other charges relevant to this agreement and the hire.
2.2 The required fees must be paid to the owner prior to or on the commencement date of the hire period. An EWP not returned
on time and in accordance with this agreement will be subject to a continuance of the agreed rental until return is complete.
2.3 A cancellation fee may be charged by the owner where EWP has been reserved by booking and the hirer cancels the booking
without reasonable notice or fails to take delivery of the EWP.
2.4 The owner may charge the hirer a fee for accepting payment by credit card.
3. Use, Operation and Maintenance
3.1 The hirer agrees that the use of the EWP carries with it dangers and risks of injury, and the hirer agrees to accept all 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 persons 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.
3.4 The hirer agrees to operate, maintain, store and transport the EWP 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 any manufacturer's instructions
and recommendations, whether supplied by the owner or posted on the EWP regarding 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 and
associated operations.
3.7 The hirer shall ensure the EWP is 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
4.1 The hirer warrants that:
(i) the EWP will be used in accordance with the conditions outlined in the Schedule;
(ii) the particulars in the Schedule are correct in every respect and are not misleading in ay way including, without limitation, by omission;
(iii) the hirer holds a valid current driver's licence, operating licence or certificate of competency valid for the type of EWP hired;
(iv) the EWP will not be used for any illegal purpose;
(v) the hirer's vehicle is suitable for towing the EWP if required;
(vi) the hire will not, without prior written consent of the owner, tamper with, repair or modify the EWP in any way, or permit another to do so; and
(vii) the hirer agrees that the EWP complies with its description, is in merchantable condition and is fit for the hirer's purpose;
(viii) the hirer agrees that the EWP has been received by the hirer in a clean condition and good working order.
5. Completion of the Hire Period
5.1 The hire period is completed when the EWP has been returned to the owner in the same condition as when it was hired:
(i) on or by the date and time outlined in the Schedule; or
(ii) will be deemed completed on the date agreed for the pick-up by the owner.
5.2 Where pick-up is agreed, the owner will arrange to pick-up the EWP within a reasonable period of a request to do so and will issue the hirer with a pick-up number.
5.3 The hirer agrees the maintain the responsibility for the EWP whilst it is awaiting pick-up.
6. Indemnity
6.1 To the full extent permitted by the law, the hirer releases, discharges and indemnifies the owner from all claims and demands
on the owner arising out of consequences from the use or misuse of the EWP during the hire period.
6.2 Without limiting clause 6.1 of this agreement, the hirer agrees that to 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.
7. No PPS Lease Without Owner Agreement
Despite anything else included in this agreement, without the express written consent of the owner, the hire period (including any option of extension) cannot be longer than two years (or any other period that is the time threshold for a PPS lease under the PPS Law.
8. Liability
The hirer will assume all risks and liabilities for, and in respect of, the EWP and all injuries of persons and any damage of property howsoever arising from the hirer's possession and use the EWP.
Damage Waiver Fee
Upon payment by the hirer, up to the date of the damage waiver fee (included in hire rates), the owner waives any claim it may have against the hirer for the cost of repairs or replacement of the equipment due to damage occurring during its use under this agreement. The limitation is subject to payment of any excess payable by the hirer and the other terms of this agreement. This clause in no way entitles the hirer to, or implies the availability of, compensation from the owner for any liability incurred by the hirer to any third party in relation to the use of the hired equipment.
This clause ceases to operate at the end of the hire period unless an extension by the owner Is granted in writing and an additional agreed fee is paid This clause will not apply to loss or damage which arises from:
(i) breach of this agreement where the breach increases the risk of loss or damage;
(ii) breach of any statute or other laws or regulations in connection with the use of the equipment by the hirer:
(iii) misuse. abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment:
(iv) theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment including, but no limited to hoses, drills, bits, grease guns, electric leads, tyres and tubes;
(v) lack of lubrication or non-adherence to other normal maintenance requirements that are required by or could reasonably be expected of the hirer under this agreement;
(v1) disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the manufacturer's Instructions if supplied with the equipment at the commencement of hire;
(vii) unexpected disappearance of the equipment;
(viii) theft of the equipment in circumstances where site security is available including, but not limited to, locked yards, buildings and sheds, where property security is not used by the hirer to secure the equipment whilst 1t is left unattended, or
(ix) loading or off-loading equipment from maritime vessels, transportation of equipment on maritime vessels or the use of equipment on any wharf or bridge or over any body of water.