Terms and Conditions
NARELLAN HIRE ABN 46 528 363 723 – Conditions of Hire Contract (valid as at 13.7.2020)
Interpretation of words used in this Contract1. Collection/Delivery address – Collection of the Equipment by the Customer from the Owner and delivery of the Equipment by the Customer to the Owner shall be from the trading address of the Owner at 10 Lerida Avenue, Camden.
Customer – Means the person, corporation or entity hiring, or offering to hire, the Equipment from the Owner and includes the person, corporation or entity who provides a credit card and authority to the Owner for payment of any part of the Hire Charge.
Equipment – Means the goods, articles, machinery, motor vehicle, including tools, accessories and parts and items described and set out in the Hire Schedule to be supplied to the Customer.
Hire Charge – The amount/s shown in the Hire Schedule payable by the Customer to hire the Equipment and includes:(a) the hiring charge calculated by reference to the time during which the Owner does not have possession of the Equipment;(b) the cost of consumable items supplied by the Owner and used by the Customer;(c) if any goods and services tax (“GST”) is assessed or imposed on the Owner in respect of anything supplied by the Owner to the Customer in connection with the Hire Contract, an amount equal to the GST amount;(d) and any further hire charges as set out in Clause 6 of this Hire Contract.
Hire Contract – These conditions apply to the exclusion of any other conditions, for the hire of Equipment to the Customer on terms set out in this document and Hire Schedule.
Hire Contract Date – The date when the Customer takes possession or agrees to take possession of the Equipment and has provided credit card details and identification or has signed the Hire Schedule and/or paid the Hire Charge, whichever is the earlier date and time.
Hire Period – From the date when the Customer takes possession of the Equipment or agrees to take possession of the Equipment until the Equipment is returned to the Owner at the end of the period as set out in the Hire Schedule.
Hire Schedule – A document which forms part of the Hire Contract which the Owner may require the Customer to sign setting out the particulars of the Equipment, the Hire Period and Hire Charge and any other information required by the Owner.
Owner – Means Narellan Hire ABN 46 528 363 723 its successors and assigns (who has the absolute discretion to decline to hire Equipment to the Customer at any time if it has reasonable cause to do so).
Obligations of the Owner1. The Owner will: 1.1 allow the Customer to take and use the Equipment for the Hire Period; 1.2 provide the Equipment to the Customer clean and in good working condition.
Obligations of the Customer:2. The Customer must: 2.1 deliver the Equipment to the Owner at the end of the Hire Period; 2.2 return the Equipment to the Owner clean and in good working order; 2.3 ensure the Equipment is not lost, stolen or damaged; 2.4 operate the Equipment only for its intended use and in a proper manner in accordance with any manufacturer’s instructions whether supplied by the Owner, on the Equipment or available online; 2.5 ensure any person collecting the Equipment on behalf of the Customer is authorised by the Customer to do so; 2.6 ensure any person operating or using the Equipment is suitably instructed in its safe and proper use and has the appropriate licence, if applicable, to do so; 2.7 carry out a risk assessment before using the Equipment to comply with all work, health and safety guidelines relating to the Equipment and its operation; 2.8 operate the Equipment with an appropriate power source; 2.9 report any accident or damage to the Equipment as soon as practicable or within 2 business days of the accident or damage; 2.10 have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment; 2.11 indemnify the Owner for all injury to persons and/or damage to property caused or contributed to by the Customer in relation to use of the Equipment and its operation.3. The Customer must not: 3.1 damage, tamper with, alter or repair the Equipment; 3.2 alter or obscure any ownership notice on the Equipment; 3.3 part with possession or abandon the Equipment; 3.4 exceed the legal or recommended load and capacity limits of the Equipment; 3.5 use the Equipment in a manner which breaches any statute, regulation, or requirements of government or any authority; 3.6 use the Equipment for an unlawful purpose or carry any illegal or dangerous substance in or on the Equipment.
Warranties by the Customer:4. The Customer acknowledges and warrants: 4.1 all information supplied by the Customer in relation to the Hire Contract is true and correct; 4.2 receiving the Equipment from the Owner clean and in good working condition (except any damage as notified by the Owner to the Customer at the time of hire and set out in the Hire Contract); 4.3 examining the Equipment and is satisfied as to the quality, fitness and suitability of the Equipment for the Customer’s purposes; 4.4 it does not rely upon any representations made by or on behalf of the Owner as to the performance of the Equipment or its suitability for the Customer’s purposes; 4.5 risk in the Equipment passes to the Customer upon the Customer taking possession of the Equipment. 4.6 if the Equipment is hired for an extended period of hire, the Customer shall maintain, lubricate, grease, change the oil and oil filter to the Equipment, at the Customer’s expense.
Hire Charges5. The Customer must pay the Hire Charge to the Owner on or before the Hire Contract Date.6. The following further hire charges will be immediately payable on request of the Customer and charged by the Owner:6.1 If the Customer breaches the Hire Contract, such sum as is necessary to compensate the Owner for the loss or damage to the Owner as reasonably determined by the Owner;6.2 If the Customer fails to return the Equipment to the Owner in good order and clean condition, the cost of cleaning and/or replacing the Equipment; 6.3 If the Customer fails to return the Equipment to the Owner, the cost of recovering or repossessing the Equipment or the new list price of the Equipment not returned to the Owner;6.4 The full cost of repair or replacement of loss or damage to the Equipment;6.5 Interest at the pre-judgment interest rate set by the Local Court of NSW from time to time on late payments owing by the Customer;6.6 The cost of fuels and consumables not returned by the Customer;6.7 Any expenses and legal costs incurred by the Owner to enforce the Hire Contract due to the Customer’s default.7. The Customer irrevocably authorises the Owner to charge the Hire Charge and any further hire charges as set out above to the credit card provided to the Owner and specified in the Hire Schedule, upon the Customer signing the Hire Schedule.
Extension of the Hire Period8. The Owner may extend the Hire Period if the Customer requests the extension. If the Owner agrees to extend the Hire Period the Owner may require the Customer to sign an amended Hire Schedule for the extension of the Hire Period.
Customer’s Default9. If the Customer fails to pay the Hire Charge or other further charges to the Owner, the Owner can charge the costs of recovering the Hire Charge and the further hire charges including legal costs.
Cancellation of the Hire Contract10. Without prejudice to any rights, powers and remedies the Owner may have, the Owner may cancel the Hire Contract if: 10.1 the Customer fails to pay the Hire Charge or any further charges owing to the Owner when due; 10.2 the Customer defaults in its obligations to the Owner; 10.3 the Customer becomes bankrupt, insolvent or ceases business.11. If the Owner cancels the Hire Contract the Owner is thereafter released from all liability to the Customer and the Owner shall be entitled to: 11.1 repossess the Equipment and is authorised to enter any premises where the Equipment is located; and/or 11.2 recover all monies owing by the Customer by irrevocable authority to charge against the credit card provided in the Hire Schedule.12. The Customer indemnifies the Owner in respect of any damages, costs, loss and expenses caused by the Customer arising from a breach by the Customer of any provision of the Conditions of Hire Contract and Hire Schedule.
Loss or damage to Equipment13. The Customer is liable for all loss and damage, including theft, whatsoever and howsoever occurring to: 13.1 the Equipment; and/or 13.2 any person, property of any person resulting from or incidental to the use or possession of the Equipment.14. The Customer indemnifies the Owner in respect of any action, claim, demand and expenses of the Owner or any other person for such loss and damage arising out of the use or possession of the Equipment.
Limitation of Liability15. The Owner is not liable for any loss or damage sustained or incurred by the Customer or any other person arising from: 15.1 the unavailability of the Equipment; 15.2 loss or damage to personal property left in or with the Equipment; 15.3 any indirect or consequential damage suffered by the Customer or any other person.16. The Customer releases and indemnifies the Owner from any such claim, loss or damage.
Statutory warranties and liabilities17. To the extent available to consumers, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.18. Where the goods are not of a kind ordinarily for personal domestic or household use or consumption, the Owner’s liability in respect of the guarantee is limited to the replacement or repair of the goods, or the cost of having the goods replaced or repaired.19. Where the statutory guarantees are not applicable, the Owner makes no representations or warranties other than those set out in these Conditions and will not be liable to the Customer for any damage, costs or other liabilities whatsoever in relation to the hire of the Equipment by the Customer.
Retention of title in the Equipment20.1 At all times, title in the Equipment remains with the Owner even when the Customer has possession of the Equipment. 20.2 The Customer:20.1 must hold the Equipment as fiduciary agent for the Owner;20.2 must store and mark the Equipment so that the Equipment can at all times be identified as the property of the Owner; 20.3 must not encumber, sell or part with possession of the Equipment;20.4 grants the Owner the irrevocable right (with or without force) to enter at any time the Customer’s premises time or other premises where the Equipment may be located; and20.5 permits the Owner at any time to repossess the Equipment, notwithstanding any other rights of the Owner, and to terminate the Customer’s right to use the Equipment and terminate this Head Contract.
Assignment21. The rights and obligations of the Customer are personal to the Customer and cannot be assigned to any other person.
Disputes22. The Customer must immediately check the Hire Charge in the Hire Contract and communicate any dispute in relation to the Hire Charge/s in the Hire Contract to the Owner within the period of hire set out in the Hire Contract. If no communication is received from the Customer within the Hire Contract period, the Hire Charge/s are deemed to be accepted by the Customer.23. If a dispute arises in relation to this Hire Contract, the hiring or the use of the Equipment (“the dispute”), the parties shall negotiate to settle the dispute with the assistance of a dispute resolution service before resorting to arbitration or litigation.24. The Customer must return the Equipment to the Owner while the parties resolve the dispute.
Entire agreement25. This Hire Contract sets out the entire agreement between the parties. 26. If there is any inconsistency between the Conditions of Hire Contract and Hire Schedule and any other document created or issued by the Owner, the Customer acknowledges the Customer is bound by the terms of these Conditions of Hire Contract and the Hire Schedule.
Notices27. A notice or other communication required or permitted to be given by a party to the other party shall be addressed to the party at the address as set out in the Hire Schedule.28. A notice or communication is deemed given if:28.1 personally delivered, upon delivery.28.2 facsimile transmission, upon sending.28.3 mailed, on the expiration of three (3) business days after posting.28.4 emailed, upon sending.29. A party may change its address for the purposes of this clause by giving a written notice to the other party.
Waiver30. A waiver by the Owner of one breach of the obligations by the Customer under the Hire Contract does not operate as a waiver for all other breaches.31. Any waiver of a breach of an obligation by the Customer shall be ineffective unless the waiver is in writing by the Owner.32. A breach of an obligation by the Customer is not waived by the Owner in failing to exercise, delaying exercise or the partial exercise of any remedy available to the Owner.
Severability33. If any of these Conditions are rendered illegal or unenforceable the remaining Conditions of Hire Contract are to remain valid and enforceable.
Variation of agreement34. The Customer cannot vary the Conditions of Hire Contract or cancel the Hire Contract without the written consent of the Owner.35. These Conditions may be changed by the Owner from time to time by the Owner giving written notice of the amendment to the Customer to the electronic address provided in the Hire Schedule, on its website and displayed and available at the address from which the Owner conducts its hire operations.
Governing law36. This Hire Contract is governed by the law of the State of New South Wales and the parties are taken to have consented to the exclusive jurisdiction of the courts of New South Wales.
HIRE SCHEDULE
Owner NARELLAN HIRE ABN 46 528 363 723
Address of Owner 9 The Old Northern Rd, Narellan NSW 2567, Australia
Owner’s telephone no. 0448 478 548
Interpretation of words used in this Contract1. Collection/Delivery address – Collection of the Equipment by the Customer from the Owner and delivery of the Equipment by the Customer to the Owner shall be from the trading address of the Owner at 10 Lerida Avenue, Camden.
Customer – Means the person, corporation or entity hiring, or offering to hire, the Equipment from the Owner and includes the person, corporation or entity who provides a credit card and authority to the Owner for payment of any part of the Hire Charge.
Equipment – Means the goods, articles, machinery, motor vehicle, including tools, accessories and parts and items described and set out in the Hire Schedule to be supplied to the Customer.
Hire Charge – The amount/s shown in the Hire Schedule payable by the Customer to hire the Equipment and includes:(a) the hiring charge calculated by reference to the time during which the Owner does not have possession of the Equipment;(b) the cost of consumable items supplied by the Owner and used by the Customer;(c) if any goods and services tax (“GST”) is assessed or imposed on the Owner in respect of anything supplied by the Owner to the Customer in connection with the Hire Contract, an amount equal to the GST amount;(d) and any further hire charges as set out in Clause 6 of this Hire Contract.
Hire Contract – These conditions apply to the exclusion of any other conditions, for the hire of Equipment to the Customer on terms set out in this document and Hire Schedule.
Hire Contract Date – The date when the Customer takes possession or agrees to take possession of the Equipment and has provided credit card details and identification or has signed the Hire Schedule and/or paid the Hire Charge, whichever is the earlier date and time.
Hire Period – From the date when the Customer takes possession of the Equipment or agrees to take possession of the Equipment until the Equipment is returned to the Owner at the end of the period as set out in the Hire Schedule.
Hire Schedule – A document which forms part of the Hire Contract which the Owner may require the Customer to sign setting out the particulars of the Equipment, the Hire Period and Hire Charge and any other information required by the Owner.
Owner – Means Narellan Hire ABN 46 528 363 723 its successors and assigns (who has the absolute discretion to decline to hire Equipment to the Customer at any time if it has reasonable cause to do so).
Obligations of the Owner1. The Owner will: 1.1 allow the Customer to take and use the Equipment for the Hire Period; 1.2 provide the Equipment to the Customer clean and in good working condition.
Obligations of the Customer:2. The Customer must: 2.1 deliver the Equipment to the Owner at the end of the Hire Period; 2.2 return the Equipment to the Owner clean and in good working order; 2.3 ensure the Equipment is not lost, stolen or damaged; 2.4 operate the Equipment only for its intended use and in a proper manner in accordance with any manufacturer’s instructions whether supplied by the Owner, on the Equipment or available online; 2.5 ensure any person collecting the Equipment on behalf of the Customer is authorised by the Customer to do so; 2.6 ensure any person operating or using the Equipment is suitably instructed in its safe and proper use and has the appropriate licence, if applicable, to do so; 2.7 carry out a risk assessment before using the Equipment to comply with all work, health and safety guidelines relating to the Equipment and its operation; 2.8 operate the Equipment with an appropriate power source; 2.9 report any accident or damage to the Equipment as soon as practicable or within 2 business days of the accident or damage; 2.10 have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment; 2.11 indemnify the Owner for all injury to persons and/or damage to property caused or contributed to by the Customer in relation to use of the Equipment and its operation.3. The Customer must not: 3.1 damage, tamper with, alter or repair the Equipment; 3.2 alter or obscure any ownership notice on the Equipment; 3.3 part with possession or abandon the Equipment; 3.4 exceed the legal or recommended load and capacity limits of the Equipment; 3.5 use the Equipment in a manner which breaches any statute, regulation, or requirements of government or any authority; 3.6 use the Equipment for an unlawful purpose or carry any illegal or dangerous substance in or on the Equipment.
Warranties by the Customer:4. The Customer acknowledges and warrants: 4.1 all information supplied by the Customer in relation to the Hire Contract is true and correct; 4.2 receiving the Equipment from the Owner clean and in good working condition (except any damage as notified by the Owner to the Customer at the time of hire and set out in the Hire Contract); 4.3 examining the Equipment and is satisfied as to the quality, fitness and suitability of the Equipment for the Customer’s purposes; 4.4 it does not rely upon any representations made by or on behalf of the Owner as to the performance of the Equipment or its suitability for the Customer’s purposes; 4.5 risk in the Equipment passes to the Customer upon the Customer taking possession of the Equipment. 4.6 if the Equipment is hired for an extended period of hire, the Customer shall maintain, lubricate, grease, change the oil and oil filter to the Equipment, at the Customer’s expense.
Hire Charges5. The Customer must pay the Hire Charge to the Owner on or before the Hire Contract Date.6. The following further hire charges will be immediately payable on request of the Customer and charged by the Owner:6.1 If the Customer breaches the Hire Contract, such sum as is necessary to compensate the Owner for the loss or damage to the Owner as reasonably determined by the Owner;6.2 If the Customer fails to return the Equipment to the Owner in good order and clean condition, the cost of cleaning and/or replacing the Equipment; 6.3 If the Customer fails to return the Equipment to the Owner, the cost of recovering or repossessing the Equipment or the new list price of the Equipment not returned to the Owner;6.4 The full cost of repair or replacement of loss or damage to the Equipment;6.5 Interest at the pre-judgment interest rate set by the Local Court of NSW from time to time on late payments owing by the Customer;6.6 The cost of fuels and consumables not returned by the Customer;6.7 Any expenses and legal costs incurred by the Owner to enforce the Hire Contract due to the Customer’s default.7. The Customer irrevocably authorises the Owner to charge the Hire Charge and any further hire charges as set out above to the credit card provided to the Owner and specified in the Hire Schedule, upon the Customer signing the Hire Schedule.
Extension of the Hire Period8. The Owner may extend the Hire Period if the Customer requests the extension. If the Owner agrees to extend the Hire Period the Owner may require the Customer to sign an amended Hire Schedule for the extension of the Hire Period.
Customer’s Default9. If the Customer fails to pay the Hire Charge or other further charges to the Owner, the Owner can charge the costs of recovering the Hire Charge and the further hire charges including legal costs.
Cancellation of the Hire Contract10. Without prejudice to any rights, powers and remedies the Owner may have, the Owner may cancel the Hire Contract if: 10.1 the Customer fails to pay the Hire Charge or any further charges owing to the Owner when due; 10.2 the Customer defaults in its obligations to the Owner; 10.3 the Customer becomes bankrupt, insolvent or ceases business.11. If the Owner cancels the Hire Contract the Owner is thereafter released from all liability to the Customer and the Owner shall be entitled to: 11.1 repossess the Equipment and is authorised to enter any premises where the Equipment is located; and/or 11.2 recover all monies owing by the Customer by irrevocable authority to charge against the credit card provided in the Hire Schedule.12. The Customer indemnifies the Owner in respect of any damages, costs, loss and expenses caused by the Customer arising from a breach by the Customer of any provision of the Conditions of Hire Contract and Hire Schedule.
Loss or damage to Equipment13. The Customer is liable for all loss and damage, including theft, whatsoever and howsoever occurring to: 13.1 the Equipment; and/or 13.2 any person, property of any person resulting from or incidental to the use or possession of the Equipment.14. The Customer indemnifies the Owner in respect of any action, claim, demand and expenses of the Owner or any other person for such loss and damage arising out of the use or possession of the Equipment.
Limitation of Liability15. The Owner is not liable for any loss or damage sustained or incurred by the Customer or any other person arising from: 15.1 the unavailability of the Equipment; 15.2 loss or damage to personal property left in or with the Equipment; 15.3 any indirect or consequential damage suffered by the Customer or any other person.16. The Customer releases and indemnifies the Owner from any such claim, loss or damage.
Statutory warranties and liabilities17. To the extent available to consumers, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.18. Where the goods are not of a kind ordinarily for personal domestic or household use or consumption, the Owner’s liability in respect of the guarantee is limited to the replacement or repair of the goods, or the cost of having the goods replaced or repaired.19. Where the statutory guarantees are not applicable, the Owner makes no representations or warranties other than those set out in these Conditions and will not be liable to the Customer for any damage, costs or other liabilities whatsoever in relation to the hire of the Equipment by the Customer.
Retention of title in the Equipment20.1 At all times, title in the Equipment remains with the Owner even when the Customer has possession of the Equipment. 20.2 The Customer:20.1 must hold the Equipment as fiduciary agent for the Owner;20.2 must store and mark the Equipment so that the Equipment can at all times be identified as the property of the Owner; 20.3 must not encumber, sell or part with possession of the Equipment;20.4 grants the Owner the irrevocable right (with or without force) to enter at any time the Customer’s premises time or other premises where the Equipment may be located; and20.5 permits the Owner at any time to repossess the Equipment, notwithstanding any other rights of the Owner, and to terminate the Customer’s right to use the Equipment and terminate this Head Contract.
Assignment21. The rights and obligations of the Customer are personal to the Customer and cannot be assigned to any other person.
Disputes22. The Customer must immediately check the Hire Charge in the Hire Contract and communicate any dispute in relation to the Hire Charge/s in the Hire Contract to the Owner within the period of hire set out in the Hire Contract. If no communication is received from the Customer within the Hire Contract period, the Hire Charge/s are deemed to be accepted by the Customer.23. If a dispute arises in relation to this Hire Contract, the hiring or the use of the Equipment (“the dispute”), the parties shall negotiate to settle the dispute with the assistance of a dispute resolution service before resorting to arbitration or litigation.24. The Customer must return the Equipment to the Owner while the parties resolve the dispute.
Entire agreement25. This Hire Contract sets out the entire agreement between the parties. 26. If there is any inconsistency between the Conditions of Hire Contract and Hire Schedule and any other document created or issued by the Owner, the Customer acknowledges the Customer is bound by the terms of these Conditions of Hire Contract and the Hire Schedule.
Notices27. A notice or other communication required or permitted to be given by a party to the other party shall be addressed to the party at the address as set out in the Hire Schedule.28. A notice or communication is deemed given if:28.1 personally delivered, upon delivery.28.2 facsimile transmission, upon sending.28.3 mailed, on the expiration of three (3) business days after posting.28.4 emailed, upon sending.29. A party may change its address for the purposes of this clause by giving a written notice to the other party.
Waiver30. A waiver by the Owner of one breach of the obligations by the Customer under the Hire Contract does not operate as a waiver for all other breaches.31. Any waiver of a breach of an obligation by the Customer shall be ineffective unless the waiver is in writing by the Owner.32. A breach of an obligation by the Customer is not waived by the Owner in failing to exercise, delaying exercise or the partial exercise of any remedy available to the Owner.
Severability33. If any of these Conditions are rendered illegal or unenforceable the remaining Conditions of Hire Contract are to remain valid and enforceable.
Variation of agreement34. The Customer cannot vary the Conditions of Hire Contract or cancel the Hire Contract without the written consent of the Owner.35. These Conditions may be changed by the Owner from time to time by the Owner giving written notice of the amendment to the Customer to the electronic address provided in the Hire Schedule, on its website and displayed and available at the address from which the Owner conducts its hire operations.
Governing law36. This Hire Contract is governed by the law of the State of New South Wales and the parties are taken to have consented to the exclusive jurisdiction of the courts of New South Wales.
HIRE SCHEDULE
Owner NARELLAN HIRE ABN 46 528 363 723
Address of Owner 9 The Old Northern Rd, Narellan NSW 2567, Australia
Owner’s telephone no. 0448 478 548