Terms and Conditions – Karuah Hire

NOTE TO CUSTOMER: You should read these Hire Contract terms very carefully. They contain terms and conditions which may impact on you, including that; Customers are liable for loss or damage to goods that are hired by them. (excluding normal wear and tear)

This is the agreement between the prospective hirer and the Company Karuah Hire to Hire Equipment as outlined on the Hire Agreement.

1. Equipment condition and return

The equipment is delivered to you in good operating condition. You agree to return the equipment in the same condition (except for ordinary wear and tear) together with all tools and accessories and equipment to the location specified on Page 1 and on the date there specified (or sooner, if demanded by the Company).

The Hirer is responsible for all costs incurred in cleaning the Equipment; the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this hire Areement.

The Company may take possession of the equipment without demand and at your expense, if it is illegally used in violation of the law or of this agreement or if it is apparently abandoned.

Note: The Company must be notified and agree to any extension of the period of hire beyond that stated on Page 1 of this agreement in advance of the return date and time or the equipment will be immediately reported as stolen.

2. Unauthorised and Prohibited Use

Persons who must not use equipment or drive vehicle:

A person not identified on Page 1.
A person who is not licensed for that class of equipment or vehicle.
A person whose blood alcohol concentration exceeds the lawful percentage.
A person who has given or for whom you have given a false name, age, address or driver’s licence details.
A person whose driver’s licence has been cancelled, endorsed or suspended within the last three years for use of registered vehicle.
A person under the age of 21 years.

Circumstances in which and/or for which the equipment must not be used:

Outside the area of limitations shown on Page 1.
In a manner that may cause damage to the equipment.
To carry any inflammable, explosive or corrosive materials.
To carry any greater load and/or more persons than is lawful.
For racing, peacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
In a dangerous manner.
In contravention of any legislation controlling vehicular traffic or for any illegal purpose.

3. Financial Obligation

Special Note: Joint hirers and all drivers are jointly and severally responsible under this agreement.

You are responsible for and by entering into the agreement on Page 1. You authorise the Company to debit your credit card/deposit (and you will pay on demand any balance) with the following charges:

(i) any condition of this agreement, and in particular Condition 2 or any special onditions on Page 1 has been breached;
the equipment is involved in a single accident;
the equipment is damaged regardless of cause when no other vehicle is involved;
the motorised equipment is totally or partially immersed in water regardless of cause;
the interior of the equipment is damaged regardless of cause when no other vehicle is involved;
the tyres or tracks of the vehicle are damaged other than by normal wear;
the vehicle is damaged by driving it under or into an object lower than the height of the vehicle;
you failed to maintain all fluid and fuel levels failed to immediately rectify or report to us any defect of which you become aware;
the vehicle is damaged by loading or unloading, other than normal wear or other than company delivery.

Special Note: If you have paid by use of credit card or directed the company to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when due, you will immediately pay the full amount due to the Company on demand.

4. Loss/Damage Waiver

If you act within the terms and conditions of this agreement the company will grant a loss/damage waiver (including legal costs incurred with our consent) for the benefit in respect of damage to the vehicle or third party damage other than property owner by you (or any friend, relative, associate or passenger) or in our physical or legal control, this cover is subject to:

Your payment of the minimum damage or loss of use charge stated on The equipment rental agreement.
Your not having acted or having caused any other person to have acted in any manner which is in any contravention of this agreement including special conditions of Page 1.
Your not being covered under any policy of insurance.
Your providing such information and assistance as may be requested and, if necessary, authorising the company insurer to bring, defend or settle legal proceedings, but the company shall have sole conduct of the proceedings.

5. General Provisions

You will promptly report any accident or loss involving the equipment hired while under this agreement to the Company location where the equipment was hired and will deliver to the Company immediately, every summons, complaint or paper in relation to such loss. Compliance with this sub-paragraph does not excuse the hirer from reporting an accident to the police or other proper authorities.
You release and hold harmless the Company (and its agents and employees) from all claims for loss or damage to their personal property, or that of any other person left in the equipment, which is received handled or stored by the company at any time before, during or after this rental period, whether due to the Company’s negligence or otherwise.
Except as provided by law no operator or hirer or passenger in the equipment shall be or deemed to be the agent, servant or employee of the Company in any manner for any purpose whatsoever.
The Company gives no express or implied warranty as to any matter whatsoever including without limitation the condition of the equipment, its merchantability or fitness for any particular purpose.
No right of the Company under this agreement may be waived except in writing by an officer of the company.
Words used in this agreement to denote any gender shall include all genders, singular words including the plural, and vice versa.

6. Damage to property of and injury to third parties

In respect of all equipment other than motor vehicles the hirer shall during the period prior to the return by the hirer and acceptance by the Company of the equipment hired be responsible for any loss or damage to property of or personal injury to third parties resulting from or which is incidental, to the use or possession thereof or for any other reason whatsoever and the hirer shall in demnify and keep indemnified the Company in respect of all such actions, claims, demands or expenses of the owner of any other person in relation to or arising out of the use of the equipment under this contract.
Where the equipment is a motor vehicle the Company has arranged a policy of insurance for the benefit of the hirer to cover the liability of the hirer (including legal costs incurred with the consent of the insurer) in respect of damage to property of third parties in excess of $150 (other than property belonging to or in the physical or legal custody of the hirer or any nominated driver ordinarily residing with the hirer or with whom the hirer or any nominated driver ordinarily resides) any personal injury to third parties in excess of $150 arising from or incidental to the use or possession of the motor vehicle or for any other reason whatsoever PROVIDED HOWEVER that the hirer shall not be entitled to the benefit of this insurance if:

the hirer is otherwise indemnified under any policy of insurance;
the hirer or any nominated driver has been refused motor vehicle insurance or continuance thereof by any insurer;
the hirer does not in his own name and at the request and cost of the Company or its insurer, bring, defend, enforce or settle all legal proceedings of which the Company or its insurer or some person appointed by the Company or its insurer shall have the sole conduct as the agent of the hirer as the Company or its insurer may reasonable require;
the hirer does not complete and furnish to the Company or its insurer such statements information and assistance as the Company or its insurer may require;
the hirer or any nominated driver is under the age of 21 years;
the hirer or any nominated driver drove the motor vehicle under the influence of intoxicating liquor or drug or having more than the legally prescribed level of alcohol blood content.

7. Fuel

The equipment must be returned with the amount of fuel equal to that at the time of the commencement of the rental. If the equipment is returned with less fuel the difference will be charged at the rate which may include a service component, unless prior arrangements have been made and noted on Page 1.

INTERPRETATION OF WORDS IN THIS CONTRACT;

COMMENCEMENT – The date when the Hirer takes possession of the Equipment.

EQUIPMENT – Means any kind of equipment, vehicles or tools including but not limited to the following kinds of goods or goods suitable for the following kinds of uses: cleaning; cooling and/or heating; entertainment; waste management; landscaping and gardening: plumbing: fencing and covering: lifting: access; air and air compression; pumping and fluid management; welding; compaction; concrete and masonry; flooring; earthmoving; floor care and cleaning, generation and power distribution; ground equipment and shoring; ladders and scaffolding; propping; lighting; materials handling; offshore pumps; safety equipment; storage; site accommodation including portable buildings and portable toilets; traffic management including road barriers; signage; vehicles including trucks, vans and trailers, and includes tools and parts and accessories for any of the foregoing.

HIRER – refers to the person, customer, firm, organisation, partnership, corporation or other entity (including trust) hiring the Equipment from Karuah Hire as identified in the Credit Application or Hire Schedule.

HIRE CHARGE – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.

HIRE PERIOD – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if Karuah Hire agrees. Karuah Hire may issue an amended Hire Schedule for any extension of the Hire Period.

HIRE SCHEDULE – Means a document in such form as Karuah Hire shall require, setting out the terms of the hire of Equipment, including the particulars of the Equipment and the Hire Period and such other information as Karuah Hire may decide to include.

KARUAH HIRE – The company listed on the Hire Schedule.

Obligations of the customer / Hirer

Deliver the Equipment to Karuah Hire when it is due back unless pick up has been previously arranged.
Return the Equipment to Karuah Hire in clean and in good repair.
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 Karuah Hire or posted on the Equipment;

NOTE TO CUSTOMER: You MUST advise Karuah Hire if you require any further instruction on the operation and safe use of the Equipment.

Indemnify Karuah Hire for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all 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.
Conduct a thorough hazard and risk assessment and manage the risks to as low as reasonably practicable before using the Equipment and comply with all work Health and Safety legislation relating to the Equipment and its operation.
On or before Commencement the Customer will pay the Hire Charge and deposit.
Immediately on request by Karuah Hire, the Customer will pay: the new list price of any Equipment which is for whatever reason not returned to Karuah Hire
The Hirer needs to keep the Equipment in a securely locked enclosed area, or in the case of a Motor Vehicle, properly secure or lock the Motor Vehicle
In the case of theft the Hirer MUST submit to Karuah Hire a Police Report on the theft immediately of the theft allegedly occurring.
In the case of loss or theft the Hirer will pay the new list price of any Equipment to Karuah Hire.

Obligations of Karuah Hire

Allow the Customer to take and use the Equipment for the Hire Period;
Provide the Equipment to the Customer clean and in good working order;
Collect the Equipment where delivery and pick up has been arranged by the hirer.
as far as reasonable practicable provide recognised text on set up and operation of the equipment where it is not a hand tool.

NOTE TO CUSTOMER: You must return the Equipment at your expense when due back unless pick up has been arranged.

DISPUTES

The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Karuah Hire immediately. In the event that no communication is received from the Customer within the hire period, the Hire Charges are deemed to be accepted by the Customer.
If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due to Karuah Hire), the parties agree to negotiate to settle the dispute.

PRIVACY

Karuah Hire will comply with the Australian Privacy laws and associated legislation. Hirer/customer details and information shall be private and confidential and be kept safe and no information shall be released unless proper authority has been granted in writing.

GOVERNING LAW

This Hire Contract is a payment claim under the Building and Construction Industry Security of Payment Act 1999 NSW. Karuah Hire and the Customer agree that this Contract is governed by the law of the state of New South Wales, and the parties submit to the jurisdiction of the courts of the State of New South Wales.