Hire T&Cs

Aushires Equipment Pty Ltd is referred to in these hire terms as “Aushires”.

“Minimum Hire Period” means the period from the Commencement Date until the Expected Completion Date.

“Plant and Equipment” means the items specified in the Schedule and includes, but is not limited to, any item of plant, machinery or vehicle, and any tools, accessories, parts, items of equipment and devices affixed to or supplied with such plant, equipment, machinery or vehicle let by Aushires to the Hirer.

“Hire Price” means the price payable for the hire of the Plant and Equipment calculated in accordance with the Hire Rates set out in the Schedule. The period of hire the machinery is charged for will be calculated in accordance with the minimum charge period specified in the Schedule or having regard to the actual time the machinery is used, at the sole discretion of Aushires.

Aushires will hire the Plant and Equipment to the Hirer for the Minimum Hire Period and the Hirer agrees to take the Plant and Equipment on hire and pay the Hire Price.

The hire period may be extended beyond the Minimum Hire Period by agreement between the parties.

The Hire Price is payable for the entire Minimum Hire Period, during any extension to this Agreement, during any period the Plant and Equipment remains in possession of the Hirer and during any period in which repairs are being undertaken in accordance with clause 10.4 of this Agreement.

Without limiting the above, where the term of the hire is extended beyond the Minimum Hire Period, Aushires reserves the right to review and alter the Hire Price.

Mobilisation and Demobilisation costs are payable by the Hirer at the rate specified in the Schedule.

Aushires may levy additional charges where the Hirer requires the use of Aushires resources outside of chargeable plant hire time or requires Aushires to go beyond the Company Integrated Management System standards. Additional costs may include charges for inductions, medicals, weed and seed certificates, particular plant safety features, particular Personal Protective Equipment and others.

Aushires retains title in all goods and materials forming part of the Works supplied to the Client under this Agreement until the Works have been paid for in full. The Client must not seek to transfer, charge or otherwise deal with any goods or materials forming part of the Works until the Works have been paid for in full.

The Hirer must pay all amounts levied by Aushires within 7 days of provision of a tax invoice for the hire, in accordance with the terms of the tax invoice if longer terms are agreed, or in accordance with the payment terms set out in the Schedule.

Unless stated otherwise, all prices exclude GST. Any applicable GST, other tax or duty will be payable in addition to the price.

Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at a rate of 2% per month, calculated daily.

If any tax invoice becomes overdue, Aushires reserves the right to charge an administration fee of $150.00 per month.

The Hirer will pay Aushires costs and disbursements incurred in pursuing recovery action or any other claim or remedy against the Hirer including collection costs, debt recovery fees and legal costs resulting from the Hirer’s failure to make due payment.

The Hirer authorises Aushires to deduct payment of any overdue invoices from the credit card provided by the Hirer at the outset of this agreement or at any time subsequently.

The Hirer must not, without the prior consent of Aushires, make any alterations, additions or replacements to the Plant and Equipment.

The Hirer must comply with its responsibilities outlined in the Schedule, keep and maintain the Plant and Equipment in proper working order and good repair, and employ only persons who are properly trained and competent in the use of the Plant and Equipment.

Where required by workplace health and safety standards, operators must have all applicable licences, tickets or approvals required to safely operate the Plant and Equipment.

The Hirer must comply with relevant laws, safely operate the Plant and Equipment, notify Aushires of any accident involving injury or damage within 24 hours, not remove the Plant and Equipment from the job site without written consent, secure the Plant and Equipment against theft and vandalism, and return the Plant and Equipment in the same condition as it was hired.

The Plant and Equipment is and will at all times remain the absolute property of Aushires.

All risk for the Plant and Equipment passes to the Hirer on delivery and remains with the Hirer until the Plant and Equipment is returned to Aushires possession.

The Hirer is not authorised to create a lien over the Plant and Equipment.

The Hirer will insure Aushires interest in the Plant and Equipment against physical loss or damage including accident, fire, theft, burglary and other usual risks, and will effect adequate public liability insurance covering any loss, damage or injury arising out of the use of the Plant and Equipment.

Irrespective of whether adequate insurance cover has been effected, the Hirer accepts full responsibility for and indemnifies Aushires against liability, loss, theft or damage in respect of the Plant and Equipment and its use during the hire period.

The Hirer acknowledges that to the extent this Agreement creates a PPS lease as defined in the PPS Act, Aushires has a security interest in the Plant and Equipment for the purposes of the Personal Property Securities Act 2009 (Cth), as amended.

If Aushires does not have or otherwise obtain within 15 business days of the Commencement Date a PPS Law registration ensuring a perfected first priority security interest in the Plant and Equipment, the term of hire, including any extension, may not be longer than 90 days.

The Hirer acknowledges that Aushires may do anything reasonably necessary, including registering any security interest over the Plant and Equipment on the Personal Property Securities Register, and agrees to provide information and assistance reasonably necessary for Aushires to do so.

The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.

If the Hirer requires a site call-out visit and the purpose of the visit results from user error, the Hirer will be liable to reimburse Aushires for the time and travel required.

The schedule of fees relating to user error call-outs is $110.00 per hour, minimum 2 hours, and $1.60 per kilometre travelled to and from the location back to base.