Conditions of Hire
In these conditions, Owner means Bay 2 Bay Rental P/L, Hirer means the person or entity as customer on the face of this document, Equipment means equipment described on the face of this document. Hire is charged for time out NOT Time used, with a hire period of 8 hours machine time per day/weekend charged, including long weekend hire. Week Hire Period is 5 days which will equal 40 hours running time. Additional rates will be charged for hours over @$25 per hour. Hire charges shall commence from the time the plant is collected by the hirer from the owner’s premises, until returned to said premises. .Should the owner agree with the hirer to deliver and collect the plant, hire charges shall commence from the time the plant leaves the owners premises until the owner is notified by the hirer the plant is available for collection, at which time the owner will issue off hire advice and notification of off hire has been received. The notification shall be given by the hirer in time for the plant to be collected and returned to the owners premises by 3 pm on the day of cessation of hire., in the event of insufficient notice been given the hirer will be held responsible for the safekeeping of the plant until collected the following day. Collection of Hire Equipment from the customer will be done within 2 days of being requested to do so.
In the event of the hirer failing to return the plant to the owner’s premises within the contracted time frame, unless prior arrangements have been made, the hirer will be charged and additional ½ for the first 4 overdue hours, full day should this go beyond.
Provided the Hirer notifies the Owner by 8.00am on the day following any Plant breakdown, hiring charges hourly basis will not be payable during the time the Plant is not working, unless such condition is due to negligence or misuse on the part of, or attributed to the Hirer. Such notification does not absolve the Hirer from its requirement to safeguard the Plant and in the event of a breakdown the Hirer shall not repair, or attempt to repair the Plant without the prior consent of the Owner, and have received safe use instructions The owner will not be liable for any debts incurred in repairing the equipment without owner’s prior written consent.
The hirer shall pay the owners hire charges from the time the equipment leaves the owner’s premises until the time of return of the equipment to the owner in a fully operational condition unless agreed upon differently and confirmed in writing by the Owner. The equipment has been inspected by the hirer and accepted in good working order and condition. The hirer is responsible for the care and safety of the equipment from the time of signing this document until returned to the owner’s premises and a return docket issued by the owner. The hirer agrees to pay owner for any equipment lost or stolen while on hire at rates invoiced by owner, and repairs to equipment damaged while on hire as invoiced by owner
In the event of the equipment hired or any part thereof lost, stolen damaged or destroyed, the equipment shall nevertheless remain on hire until has served a sum the equal to the then current replacement values of the equipment. The equipment can then and only then is considered as returned to the owner.
The Hirer shall: –
a) Determine the condition and suitability of the Plant hired for the purpose required, and selected the correct plant for the job
b) Use the Plant in a skilful and proper manner and only for the purpose and within the capacity for which it was designed, acknowledging that the Owner can give no warranty as to the said capacity.
c) Ensure that the Plant is operated by a suitably certified operator (whether supplied by the Hirer, or employed and provided by the Owner), who will work entirely in accordance with the direction of the Hirer.
d) At its own expense, service, clean, fuel, lubricate and maintain the Plant in good and substantial repair and condition (reasonable wear and tear expected – unless caused by negligence or misuse on the part of or attributable to the Hirer), except for prearranged major servicing which will be carried out by the Owner during normal working hours.
e) Accept full responsibility for all flat and or damaged Tyres.
f) Clean the Plant upon completion of the hire period or be charged a cleaning fee at the rate of $25.00 per hour for any cleaning required by the Owner. (Your machine will get dirty, so included in the rental fee is the first 15 minutes of cleaning time, which is usually enough time to cover most jobs. After that, cleaning fees will apply)
g) Accept full responsibility for the safe-keeping of the Plant, and except as specified hereafter, indemnify the Owner of all loss, theft or damage to the plant however caused.
h) Accept full responsibility for, and indemnity the Owner against all claims in respect of any injury to persons, or damage to property arising out of the use of the Plant during the hire period however arising, whether from negligence of the Hirer or Owner or otherwise.
i) Not be entitled to a lien over the Plant, nor without the Owner’s prior written consent part with possession of the Plant or assign the benefit of the hire agreement, nor remove the Plant or allow it to be removed from the State.
j) Not alter, make any additions to, deface or erase any identifying mark, plate or number on or in the Plant or in any other manner interfere with the Plant.
k) Hirer accepts the full replacement or reinstatement costs (whichever is applicable) for the loss, theft or damage to the Owner’s Plant.
l) Pay to the Owner all hire charges and other costs.
1. Without prejudice to any other remedies available to the Owner and not withstanding any period of hire specified, the Owner may terminate this hire agreement:
Without notice if the Hirer shall commit any breach of the hire agreement or have a winding up petition presented against it or be wound up, or go into voluntary liquidation or commit an act of bankruptcy or if a receiver of its assets or any of them is appointed or if it makes an assignment or compromise for the benefit of its creditors or if its business is placed under official management or if it ceases to carry on business.
If machine is stolen, with no recovery possible, a to be determined excess will be charged to the client, with required documents and procedures needed in accordance of Insurance Company requests, i.e. Police reports etc.
It shall be the hirer’s responsibility to ensure that all users and or operators of the said equipment are authorized and suitably trained in the safe use of the same, and where necessary hold a current certificate of competency relevant to the, or those pieces of equipment on hire. It is also the hirer’s responsibility to obtain all necessary approvals, permits or consents of any government, local or any other relevant authority and to ensure that the equipment is used strictly in accordance with those permits, regulations, inspectors and such.
By signing this contract/agreement the hirer agrees to be liable for damage to the equipment caused by, collision, accident, or any other of the following-
a) Damage due to misuse, abuse or overloading of the Plant beyond manufactures operating instructions
b) Mysterious disappearance or wrongful conversion of the Plant.
c) Loss or damage in contravention of the conditions of this hire agreement.
d) Loss or damage from use in violation of any statutory laws and regulations.
e) Loss or damage of tools, accessories, grease guns, hoses and similar, electric cords, welding cable, pneumatic tools, steels and other similar accessories.
f) Damage caused to tyre and tubes by blowout, bruises, cut or other causes inherent in the use of Plant.
g) Loss or damage relating to lack of lubrication or other normal servicing of the Plant.
h) Loss or damage to the Plant whilst located, used, loaded, unloaded, transported on or over water, wharves, bridges or vessels of any kind. Loss or damage while being carried over water
i) Loss or damage to motors or other electrical appliances or devices caused by overloading or artificial current, including use of under-rated extension leads on electrical powered tools and machines.
j) Theft or the Plant unless reasonable locked and secured.
k) Loss or damage during transport, except where transported by the Owner.
l) Loss or damage to items on which the waiver premium is not charged. *DAMAGE WAIVER CLAUSE IS NOT APPLICABLE OF OFFERED OR CHARGED ON ANY BAY 2 BAY RENTAL EQUIPMENT (6/11/2021)
2. Certain conditions and warranties may be implied unto the hire agreement by the Trade Practices Act and State legislation, however the Owner and Hirer agree that in the event of the Hirer suffering any loss, damage or claim howsoever arising as a result of hiring the Plant, the liability of the Owner is limited to the repair or replacement of the Plant.
3. The person signing the document for and on the behalf of the Hirer hereby covenants with the Owner that he or she has the authority of the Hirer to make this agreement on the Hirer’s behalf and is empowered by the Hirer to this agreement and hereby indemnifies the Owner against all losses and costs incurred by the Owner arising out of the person so signing this agreement failing to have such power and or authority.
4. The Owner reserves the right to revise the Schedule of Hire Rate Charges without notice.
In the event of any equipment being damaged the hirer shall forthwith return it to the owner and on demand pay the owner a sum equal to the cost of repairing the equipment.
During the continuance of the hire the Hirer will not sell, offer for sale, assign, mortgage or otherwise deal with the equipment but will keep the equipment in its own possession and will not remove it from the state of Victoria without prior written consent of the owner and will protect the equipment against distress, execution or seizure and will indemnity the owner against all losses, costs, charges, damages and expenses incurred by the owner by reason of any breach of this condition.
The owner may terminate the hire at any time by notice in writing delivered to the hirer specifying the date from which termination will take effect and may recover the equipment thereafter and the hirer shall pay any costs occasioned thereby. The hirer hereby authorises the owner to enter the hirer’s premises/property at such time in order to affect such recovery. The owner gives no warranty express or implied as to the condition or quality of the equipment or as to the suitability or fitness of the equipment for any purpose. The owner is not liable for any delay, inconvenience, expense, injury or loss of any kind whatsoever whether caused by breakdown, non-performance, unsuitability, misdelivery, failure to deliver or unavailability of the equipment or the negligence of the owner or howsoever. The owner will not refund hire cost in any way, including transport, should the hirer order the wrong equipment.
The hirer agrees to indemnify the owner for any claims made against the owner for any loss , damage, or injury arising directly or indirectly out of the hire or use of the equipment which may be caused to that person or property not a party hereto whether by negligence of the owner or howsoever. The hirer specifically acknowledges the owner has the right to use and agree to the use of the credit card noted, and or attached to this contract or other credit cards provided to the owner from time to time, for any or all charges related to this contract. The hirer agrees to return the equipment by the due date as noted on the front of this contract. Failure to return equipment by this due date without extension as agreed by the owner can and will result in a criminal offence being reported to the police. All theft and damage of equipment after delivery/hire start is the hirer’s responsibility, including replacement and / or repair costs. The hirer agrees and acknowledges the sole responsibility for the safe keeping and security of the equipment lies with the hirer until such time as it is returned to the owner’s premises.
It is advised that hirer ensure their insurance is sufficient, in particular for hired in plant
By signing this contract you are taking full responsibility that all machines are secured to trailers in the correct manner for the term of the hire. It is your responsibility to ensure that all trailers are correctly attached to your vehicle, and loads secure loads in compliance to all Vic Roads load regulations. Trailers must be attached to tow vehicle when loading and unloading machines. Storing machines on trailers, whilst unattached to tow vehicle is not recommended. If your tow bar rating is less than the required rating, you will not be allowed to take machine. If taking machines on your own trailers, you accept full responsibility for any damage, and its method of tie down. The Hirer agrees to return machines refuelled, and is aware that they will be charged on supplied credit card for any refuelling. Damaged or flat tyres will also be charged to the hirer, as well and cleaning charges.
You must also ensure that appropriate PPE is used when operating machinery, All weekend hires are to be returned prior to 8am on the Monday, unless prior agreement made.
Equipment Stand Downs- 50% stand down MAY be offered due to the weather conditions of the day. No full Stand down will apply. Stand downs will be based on conditions as at 9am on the requested day, and on advice obtained on the B.O.M website. Please visit www.bom.gov.au Stand downs due to site shut down or RDO will be no less than 50%
Bay 2 Bay Rental agrees to:-provide the Hire Equipment to the customer in a clean condition and in good repair and working order*re-supply or repair the Hire Equipment if it fails to operate properly
Collection of Hire Equipment from the customer will be done within 2 days of being requested to do so. Any breakdown of equipment must be called through immediately. Repairs are not to be attempted yourself. .Should Bay 2 Bay Rental not be notified immediately of the break down and only informed on return, no machine or financial credits will be granted. ALL EQUIPMENT OFF HIRES MUST BE CALLED THROUGH TO OFFICE ON 5979 8885. Machines will remain on hire until this procedure has been completed. No Auto Pick up will be arranged and informing Bay 2 Bay Rental Drivers of off hire time frame will not be recognised. Late fees will apply for machines not returned within the specific agreed hire term,
All hires with a value exceeding $150 must be paid for with valid credit card, which will be recorded in lieu of deposit, and used for ongoing hire costs, including fuel, late fees and damage found after return, with receipts emailed/posted.
All overdue accounts will incur a 13% admin fee, invoiced from the overdue month until paid in full. Addition, costs involved for debt recovery will be additional charges passed onto customer
*Please return full of fuel or charges of $3.30 per litre will apply *All after hours break downs are to be called to 0416 220 788
IMPORTANT CREDIT CARD INFORMATION:
I acknowledge that Bay 2 Bay Rental P/l have the authority to use, and agree to the use of the credit card provided at the start of this hire or other credit cards provided from time to time, for any and all charges related to this agreement, such ,but not limited to fuel used, tyre/equipment damage and extra periods of hire further than that on the estimate invoice signed at the start of the hire period. FURTHERMORE I agree to (and have had the opportunity to read) the terms and conditions (available online, in store and/or as part of your hire agreement received in store or emailed to you at the time of hire start) of this agreement. I agree the equipment is received in good order and that the authority to legally bind the customer to this agreement
Signed by or on behalf of the hirer x________________________________________________________________________
Print name here X_______________________________________________________________________________________________