POLICIES
TERMS AND CONDITIONS
1. CHARGES - All of the amounts listed in Clause 3.
COMMENCEMENT - The latter of the date on the front page or the time of delivery of the Equipment to the Customer.
EQUIPMENT - The equipment, tools hired to the Cstomer.
HIRE PERIOD - The period from commencement until the Equipment is returned to Baxters.
NOTE TO CUSTOMER: You are responsible for the Equipment until it is back in the possession of Baxters.
2. BAXTERS OBLIGATIONS
BAXTERS WILL;
2.1 allow the Customer to take and use the Equipment until it is due back;
2.2 provide the Equipment to the Customer clean and in good working order;
2.3 subject to clause 3.2 be responsible for repairing any damage to the Equipment caused by the ordinary use of the Equipment by the Customer;
2.4 re-supply or repair the Equipment if it fails to operate properly;
2.5 collect the Equipment within 5 days of being requested to do so by the Customer.
NOTE TO CUSTOMER: You must return the Equipment when due back.
3. PAYMENT BY THE CUSTOMER TO BAXTERS
3.1 on or before commencement (or as provided in the Customer’s Credit Application with Baxters), the Customer will pay the Hire Fees.
3.2 immediately on request by Baxters, the Customer will pay;
(a) the new list price of any Equipment which is for whatever reason not returned to Baxters
NOTE TO CUSTOMER: You are responsible for loss or theft of the Equipment;
(b) all costs incurred in cleaning the Equipment;
(c) all costs of repairing any damage caused by the ordinary use of the Equipment;
(d) the cost of repairing any damage to the Equipment caused by the negligence of the Customer or the Customer’s agent;
(e) the cost of repairing any damage to the Equipment caused by vandalism, or (in Baxters reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the customer;
(f) stamp duties, goods and services tax, any other taxes or duties and all tolls fines, penalties, levies or charges payable in respect of this Agreement and the hiring;
(g) all costs incurred by Baxters in delivering and recovering possession of the Equipment,
(h) a late payment fee calcuted daily at 100% per month on all unpaid charges,
(i) the kilometre charge, and any additional hire fees,
(j) the cost of fuels and consumables provided by Baxters and used by the Customer,
(k) any expenses or legal costs (including commission payable to a commercial agent) incurred as a result of the failure of the Customer to pay charges when due.
(l) all costs of repairing or replacing tyres, including road service.
4. RETURN OF EQUIPMENT BY THE CUSTOMER TO BAXTERS
The Customer will;
4.1 deliver the Equipment to Baxters when it is due back;
4.2 return the Equipment to Baxters clean and in good repair.
5. OTHER OBLIGATIONS OF THE CUSTOMER
The Customer will;
5.1 satisfy itself at commencement that the Equipment is suitable for its purposes;
5.2 operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Baxters or posted on the Equipment;
5.3 indemnify Baxters for all damage caused to persons and property in relation to the Equipment and its operation and have insurance to cover any legal liabilities incurred as a result of the use of the Equipment;
5.4 ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current certificate of competency and/or are fully licensed;
5.5 comply with all occuptional health and safety laws relating to the Equipment and its operation;
5.6 safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle;
5.7 operate the Equipment with an adequate motor vehicle and/or power source;
5.8 the customer shall maintain liability, property and casualty insurance in amounts necessary to fully protect the owner and its Equipment against claims or damage of whatever nature or type.
The Customer will NOT;
5.9 tamper with, damage or repair the Equipment;
5.10 lose possession of the Equipment;
5.11 rely upon any representation relating to the Equipment or its operation other than those contained in this Agreement;
5.12 allow the re-hire or use of the hired Equipment be any party not employed or under the control of the agent or customer as stated on the contract as the “customer”;
5.13 exceed the recommended or legal load and capacity limits of the Equipment;
5.14 use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
5.15 travel outside the state where the Equipment is hired unless approved by Baxters.
6. CUSTOMER NOT TO CLAIM DAMAGES
The Customer cannot recover from Baxters compensation for any damages (including for consequential loss) arising in respect of this Hire Aggreement of the hiring or the use of the Equipment.
7. BREACH OF HIRE AGREEMENT BY CUSTOMER
If the customer breaches any clause whatsoever of this Agreement, or becomes bankrupt, insolvent or ceases business, then;
7.1 Baxters shall be entitled to
(a) terminate thie Agreement, and/or
(b) sue for recovery of the charges, and/or
(c) repossess the Equipment (and is authorised to enter the Customer’s premises to do so);
7.2 The Customer must pay for any repairs to the Equipment despite Clause 2.4
8. NO WARRANTIES
All warranties and conditions are excluded to the full extent permitted by law and Baxters only obligation resulting from a breach by it of any condition or warranty is limited to the supplying of the Equipment again or to the repair of the Equipment.
9. DISPUTES
If a dispute arises relating to this Agreement, the hiring or the use of the Equipment (except in regard to the payment of charges), the parties agree to negoliate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
10. INDEMNITY
The Customer assumes all risk inherent in the operation and use of the Equipment by it or its agent. The Customer agrees to assume the entire responsibility for the defence of, and to pay, indemnify, and indemnify and release the owner from any and all claims for damage to property or bodily injury (including death) or for loss of time or inconvenience resulting from the use, operation, or possession of the Equipment, whether or not it be claimed or found that such damage or injury resulted in whole or in part from the owner’s negligence, from the defective condition of the Equipment, or from any cause.
11. DELIVER / PICK UP
The Customer grants the Owner or its agent or sub-contractor the right to enter any premises for the sole purpose of delivery, installation, pick up or removal of the Equipment.
12. SECURITY DEPOSIT
The Owner may require a Security Deposit from the Customer prior to and as a condition of the commencement of the Hiring Period and the Owner shall be permitted to deduct from the Security Deposit any Additional charges or other moneys due but unpaid in respect of use and hire of the Equipment.
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