Hire Terms & Conditions
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 Customer.
Hire Period - The period from commencement until the Equipment is returned to Baxter Hire.
NOTE TO CUSTOMER: You are responsible for the Equipment until it is back in the possession of Baxter Hire.
2. Baxter Hire Obligations
BAXTER HIRE WILL;
allow the Customer to take and use the Equipment until it is due back;
provide the Equipment to the Customer clean and in good working order;
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;
re-supply or repair the Equipment if it fails to operate properly;
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 Baxter Hire
on or before commencement (or as provided in the Customer’s Credit Application with Baxter Hire), the Customer will pay the Hire Fees.
immediately on request by Baxter Hire, the Customer will pay;
(a) the new list price of any Equipment which is for whatever reason not returned to Baxter Hire
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 Baxter Hire's 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 Baxter Hire in delivering and recovering possession of the Equipment,
(h) a late payment fee calculated 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 Baxter Hire 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 Baxter Hire
The Customer will;
deliver the Equipment to Baxter Hire when it is due back;
return the Equipment to Baxter Hire clean and in good repair.
5. Other obligations of the Customer
The Customer will;
satisfy itself at commencement that the Equipment is suitable for its purposes;
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 Baxter Hire or posted on the Equipment;
indemnify Baxter Hire 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;
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;
comply with all occupational health and safety laws relating to the Equipment and its operation;
safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle;
operate the Equipment with an adequate motor vehicle and/or power source;
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;
tamper with, damage or repair the Equipment;
lose possession of the Equipment;
rely upon any representation relating to the Equipment or its operation other than those contained in this Agreement;
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”;
exceed the recommended or legal load and capacity limits of the Equipment;
use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
travel outside the state where the Equipment is hired unless approved by Baxter Hire.
6. Customer not to claim damages
The Customer cannot recover from Baxter Hire compensation for any damages (including for consequential loss) arising in respect of this Hire Agreement of the hiring or the use of the Equipment.
7. Signing of the contract
The person signing any document for and on behalf of you hereby warrants that he or she has your authority to enter into the hire agreement on your behalf.
8. Breach of Hire Agreement by Customer
If the customer breaches any clause whatsoever of this Agreement, or becomes bankrupt, insolvent or ceases business, then;
Baxter Hire shall be entitled to;
(a) terminate this 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);
The Customer must pay for any repairs to the Equipment despite Clause 2.4
9. No warranties
All warranties and conditions are excluded to the full extent permitted by law and Baxter Hire's 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.
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 negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
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.
12. 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.
13. 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.
14. Personal Properties Securities Act 2009 (Commonwealth).
This clause in its entirety applies to the extent that this Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth)(“PPS Law”). References to PPS Law in the terms and conditions include references to amended, replacement and successor provisions or legislation.
If Baxter Hire does not have at commencement a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period, (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than:
(a) 90 days in the case of equipment which may or must be described by serial number in a PPS Law registration; or
(b) a year in any other case
By hiring Baxter Hire equipment you agree to Baxter Hire affecting and maintaining a registration on the register (in any manner we consider appropriate) in relation to any security interest contemplated or constituted by this Hire Agreement in the Equipment and the proceeds arising in respect of any dealing in the equipment and you agree to sign any documents and provide all assistance and information to Baxter Hire required to facilitate the registration and maintenance of any security interest. Baxter Hire may at any time register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest). You waive the right to receive notice of a verification statement in relation to any registration on the register of a security interest in respect of the equipment.
You undertake to:
(a) do anything (in each case, including executing any new document or providing any information) that is required by Baxter Hire:
(i) so that Baxter Hire acquires and maintains one or more perfected security interest under the PPS Law in respect of the equipment and its proceeds.
(ii) to register a financing statement or financing change statement and,
(iii) to ensure that Baxter Hire's security position, and rights and obligations, are not adversely affected by the PPS Law;
(b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without prior written consent from Baxter Hire; and
(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the equipment in favour of a third party without prior written consent from Baxter Hire.
If Chapter 4 of the PPS Law would otherwise apply to the enforcement of a security interest arising under or in connection with this Hire Agreement and:
(a) Section 115(1) of the PPS Law allows for the contracting out of provisions of the PPS Law, the following provisions of the PPS Law will not apply and you will have no rights under them: Section 95 (to the extent that it requires the secured party to give notices to the grantor); Section 96: Section 118 (to the extent that it allows a secured party to give notices to the grantor); Section 121(4); Section 125; Section 130; Section 132(3)(d); Section 132(4); Section 135; Section 142 and Section 143; and
(b) Section 115(7) of the PPS Law allows for the contracting out of provisions of the PPS Law, the following provisions of the PPS Law will not apply and you will have no rights under them; Section 127; Section 129(2) and (3); Section 130(1); Section 132; Section 134(2); Section 135, Section 136(3), (4) and (5) and Section 137.
Unless otherwise agreed and to the extent permitted by the PPS Law, you and Baxter Hire agree not to disclose information of the kind referred to in Section 275(1) of the PPS Law to an interested person, or any other person requested by an interested person. You waive any right you may have, or but for this clause may have had, under Section 275(7)(c) of the PPS Law to authorise the disclosure of the above information.
For the purposes of Section 20(2) of the PPS Law, the collateral is equipment including any equipment which is described in any Hire Schedule provided by Baxter Hire to you from time to time. This Hire Agreement is a security agreement for the purposes of the PPS Law.
Baxter Hire may apply amounts received in connection with this Hire Agreement to satisfy obligations secured by a security interest contemplated or constituted by this Hire Agreement in any way Baxter Hire determines in our absolute discretion.
You agree to notify Baxter Hire in writing of any change to your details set out in the Credit Application, within 5 days from the date of such change.
Elevating work platforms - Minimum standard of training
SafeWork SA has developed a minimum standard of training expected for workers who operate elevating work platforms (EWPs) and are in accordance with the person conducting a business or undertaking's (PCBU) primary duty of care under the Work Health and Safety Act 2012.
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