PPS law Terms and Conditions
GER or “We/Us/Our” means Empress Oaks Pty Ltd t/a General Equipment Rentals (ACN 006 425 814)
Equipment means the equipment listed on the front page of your despatch docket and any of our equipment we hire to you, including but not limited to forklifts, scissor lifts, access equipment, materials handling equipment, vehicles and trailers and any associated or attached tools, accessories and parts.
Hirer or “You/Your” means the person, firm, organisation, partnership, corporation, trust or other entity hiring Equipment from us. The reference to “You” includes any employees, agents or contractors.
(a) When you hire equipment from us, these terms apply to the extent that any hire agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law). References to PPS Law in this Agreement include references to amended,
replacement and successor provisions.
(b) GER may register its security interest as a PMSI. The Hirer must do anything (such as obtaining consents and signing documents) which GER requires for the purposes of:
(i) ensuring that GER‟s security interest is enforceable, perfected and otherwise effective under the PPS Law;
(ii) enabling GER to gain first priority (or any other priority agreed to be GER in writing) for its security interest; and
(iii) enabling GER to exercise rights in connection with the security interest.
(c) GER may recover from the Hirer the cost of doing anything under this clause, including but not limited to registration fees.
(d) The rights of GER under this document are in addition to and not in substitution for GER‟s rights under other law (including PPS Law) and GER may choose whether to exercise rights under this document, and/or under other law, as it sees fit. To avoid any doubts, GERS’s security interest will attach to the proceeds.
(e) To the extent that Chapter 4 of the PPS applies to any security interest under or in connection with any hire agreement between us, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of any agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires GER to give notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires GER to give notice to the Hirer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no
disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re- instatement of security agreement).
(f)The following provisions of the PPS Law confer rights on GER: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral). The Hirer agrees that in addition to those rights, GER shall, if there is default by the Hirer, have the right to seize, purchase, take
possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer agrees that GER may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence.
(g) 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.
(h) For the purposes of section 20(2) of the PPS Law, the collateral is any of our equipment we hire to you from time to time, including but not limtited to forklifts, scissorlifts, success equipment, materials handling equipment, vehicles and trailers and any associated or attached tools, accessories or parts. Your Hire Agreement is a security agreement for the purposes of the PPS Law.
(i) GER and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement in this sub-clause is made solely for the purposes of allowing GER the benefit of section 275(6)(a) and GER shall not be liable to pay damages or any other compensation or be subject to injunction if GER breaches this sub-clause.
Security interests and sub-hire
(a) The Hirer must not create, purport to create or permit to be created any “security interest‟ (as defined in PPS Law) in the Equipment other than with the express written consent of GER.
(b) The Hirer must not lease, hire, bail or give possession (“sub-hire‟) of the Equipment to anyone else unless GER (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to GER and must be expressed to be subject to the rights of GER
under this Agreement.
(c) The Hirer may not vary a sub-hire without the prior written consent of GER
(in its absolute discretion).
(d) The Hirer must ensure that GER is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.
(e) The Hirer must take all steps including registration under PPS Law as may be required to:
(i) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law;
(ii) enabling the Hirer to gain (subject always to the rights of GER) first priority (or any other priority agreed to by GER in writing) for the security interest; and
(iii) enabling GER and Hirer to exercise their respective rights in connection with the security interest.
(f) GER may recover from the Hirer the cost of doing anything under this clause, including registration fees.
(g) The Hirer acknowledges that it is responsible for the return of the Equipment to GER. If for any reason, GER loses its ownership or rights to the Equipment under PPS Law, the Hirer agrees to pay GER the new list price of that Equipment. The Hirer remains liable for continuing hire charges until that replacement cost if fully paid.