Policies and Conditions
CONDITIONS OF HIRE
MINOR DAMAGES AND REPAIRS
For the purposes of this agreement ‘ Minor Repairs’ shall include, but not be limited to, repairing or replacing the following items:
- Items covered by the manufacturers or suppliers maintenance instructions and recommendations – including filters and breathers.
- Any adjustments and applications mechanisms.
- Minor electrical components including switches, fuses, circuit breakers, warning lights and globes.
- Miscellaneous minor leaks.
- Air conditioner hoses, switches and service items.
- Grease lines and fittings.
- Windows, tyres and wipers, Damage from misuse etc.
MAJOR DAMAGES AND REPAIRS
For the purpose of this agreement ‘ Major Repairs’ shall include, but not be limited to, repairing or replacing the following items:
- Torque converter and pumps
- Transmission and pumps
- Differentials and planetaries, including brakes
- Chassis and frame
- Hydraulic pumps and cylinders
- Starter motors, air conditioning compressor, alternators and emergency steering motors
- Steering components
- Electrical harnesses
- Hydraulic motors and drive boxes
- Equalizer bar
- Body and panels
- For the purpose of this agreement ‘ Minor Servicing’ refers to the items covered in the daily pre-check that is required for the equipment and daily maintenance checks of oils, fuels and grease.
- For the purpose of this agreement ‘ Major Servicing’ shall refer to all required logbook servicing in accordance with the Manufacturers Requirements/Operators Manual and include the supply of all required oils and SOS samples, filters and belts.
LOSS OR DAMAGE
- During the term of hire the Hirer will be liable for any loss, destruction or damage to the equipment listed in this agreement. In the event of any loss, damage or destruction involving the equipment, the Hirer will notify the Owner as soon as possible once aware of the event. This includes but is not limited to transport of equipment, where undertaken by hirer and responsibility for the equipment passes to the hirer upon loading of the equipment.
- The Hirer’s liability will be reduced to the extent that the loss or damage was caused by the owner.
- Responsibility for the equipment should only pass to the Hirer upon delivery to site.
- The Owner agrees to indemnify and hold harmless the Hirer for any loss or damage suffered by the Hirer which was in any way caused or contributed to by the owner or the Equipment.
- Hirer is to ensure the machine is cleaned prior to loading when off hiring or moving machinery in accordance with Road Safety. Loose materials can strike other traffic and hirer will be held liable if machine is loaded with loose material still on frame/tracks etc. Any delay on site due to machine not being transport worthy will be charged accordingly.
- The hire start date will be as indicated on the hire agreement, or from mobilisation from the Owners depot or place of repair, inspection or storage, whichever occurs first.
- Off-hire of machinery or equipment must be confirmed in writing within 24 hrs of completion of hire. Return to place of hire must be completed within 24hrs in the case of local hires, or 5 working days in the case of remote hires.
- Machines are to be returned in similar condition to that supplied, this includes but is not limited to fuel, cleanliness and tools and books and subject to fair wear and tear.
- Joint On-hire and Off-hire inspections can be arranged at Allwest Plant Hire. Off-hire inspections must be completed within two days of return of machine to our yard at 33 Edison Circuit, Forrestdale. Inspections may be arranged at another location if agreed to in writing.
- Off hire charges include but are not limited to the following items;
Fire Extinguishers (recharge or replace)
Panel Damage including under cab / body
Boom / Stick damage including hoses and fittings
Track / tyre / roller damage beyond fair wear and tear
Mirrors (replace / repair)
Windows (replace / repair)
Cleaning to return to on hire state
Operators Manual / relevant hire books
- If the Hirer wishes to place the equipment on stand-by, they must notify the Owner in writing giving the reason for the stand-by and the estimated period of the stand-by within 24 hrs of the beginning of the stand-by period. Prolonged stand-by periods may result in the cancellation return of the equipment to the Owners yard.
- Stand-by days will be charged at half (1/2) rate the first day and three quarter (3/4) rate there-after.
Where the Hirer does take responsibility for insuring the equipment:
- The Hirer will ensure that the equipment listed is insured, in accordance with the Insurance Value noted in this agreement, during the entire duration of the hire period.
- The Hirer must provide a valid COC prior to the commencement of the hire period.
- Does not include minor damages and repairs.
- Does not include excess of $10000.00
Where the Hirer does not take responsibility for insuring the equipment:
- The Hirer will be 100% liable for any and all damage, loss, theft or vandalism.
- In the case of the Hirer providing or arranging transport through a third party, liability begins from when loaded at pickup point and ends when machine is un-loaded at point of return, pending off hire inspection.
- In the case of Allwest providing transport, liability begins upon delivery to site and liability ends when machine is picked up from hire location, pending off hire inspection.
DEMOLITION / ADVERSE ENVIROMENTS
Allwest Plant hire does not allow the use of machinery for the purposes of demolition or in adverse environments such as salt, underground etc without prior written approval. Charges over and above the normal rates rates will apply in these situations if agreed to by Allwest Plant Hire.
Allwest Plant Hire warrants that it is the owner of stated machinery and or equipment and is legally entitled to hire out the stated machinery and or equipment.
- The Owner maintains full legal ownership of the equipment listed in this agreement and gives permission to the Hirer to use the equipment during the period of the hire for the specific purpose the intended for the equipment. In accordance with PPSR requirements, for all hires exceeding 14 days the Hirer will be listed as the Grantor on the PPSR.
- The Hirer acknowledges that it has actual knowledge of the security agreement (as that term is defined in the Personal Property Securities Act 2009) that provides for the security interest (as that term is defined in the Personal Property Securities Act 2009) of the Secured Party in respect of the Plant or Equipment and warrants that it:
(a) must not sell, novate, assign, transfer, mortgage or encumber or otherwise dispose of all or part of the Plant or Equipment supplied under this Hire Agreement or contravene in any way the security agreement; and
(b) indemnifies the Owner/Supplier against all claims, actions, losses and expenses for which the Owner/Supplier may become liable arising out of any breach of this clause.
- The Hirer shall not on-hire the machine to a third party without the express written consent of the Owner.
- The owner and Hirer agree that to the extent they may be excluded by law, in relation to any security interest in favour of the Owner:
1. Sections 142 and 143 of the PPSA are excluded and the Owner need not comply with the following provisions of the PPSA: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and any other provisions of the PPSA notified to the Hirer by the Owner after the date of this Plant Hire Contract; and
2. Neither the company nor any receiver need give any notice required under any provision of the PPSA (except section 135).
3. This clause applies despite any other clause in this Plant Hire Contract.
FAIR WEAR AND TEAR
Tyres/tracks/rollers/tray Wear and Tear – The hirer will be responsible for wear and tear on tyres/tracks/rollers/tray over and above fair wear and tear by manufacturers specifications (i.e. excessive tracking or damage to screens, covers) also wear and tear resulting from use in a manner or in conditions deemed abnormal by the owner (i.e. corrosive or extremely abrasive environments).
- The Owner agrees that the equipment supplied is as specified and in good working order and suitable for the purpose required by the Hirer, based on the information given by the Hirer.
- The Hirer agrees to use the equipment safely, in accordance with all relevant laws and regulations, for a purpose which it was designed to be used and in accordance with the manufacturer’s guidelines.
- The owner reserves the right to inspect the machine at any time, providing written notice has been given and appropriate site arrangements have been made.
- If the equipment is unavailable during the period of hire (through no fault of the Hirer) then Owner will take the necessary steps to ensure a timely repair, or if appropriate, arrange replacement equipment to minimise disruption to the Hirer’s operation but will not be responsible for penalties or cost over runs.
- The damages caused by owner supplied operator are limited to safe operation of machine. If Operator is directed to undertake unsafe or risky procedures where damage is likely, damages incurred will be at the expense of the hirer. This includes but is not limited to transport of equipment where undertaken by hirer.
- The Hirer agrees there will be no smoking inside the equipment listed in this agreement.
- Receipt of a valid Purchase Order number also constitutes agreement to the conditions stated in this hire agreement. Any changes to the hire agreement must be agreed to in writing by the Owner.
- Either Party (Hirer or Supplier) may terminate the Hire Agreement if it is deemed that the other has breached the Terms and Conditions of Hire and a reasonable solution cannot be agreed upon.
- The Hirer agrees to pay all invoices within the Owner’s terms of credit, being 30 days from the EOM invoiced.
- Daily hire is considered as 8 hours per day unless otherwise agreed in writing.
- Cancellations may incur reasonable charges for works carried out at request of hirer to prepare machine for site, including but not limited to weed and seed, radios and signage.
- Any queries regarding invoices should be received within 14 days of receipt of the invoice.
- All prices quoted are exclusive of G.S.T.