TERMS & CONDITIONS OF HIRE
THE HIRER AGREES
To pay hire charges as invoiced by General Equipment Rentals until goods are returned to General Equipment Rental’s Premises.
To pay General Equipment Rentals for any equipment lost or stolen while on hire at rates as invoiced by General Equipment Rentals. To
pay for repairs to any equipment damaged while on hire as invoiced by General Equipment Rentals.
That General Equipment Rentals has the right to terminate the hire and recover the hired equipment at any time.
That, to the extent permitted by law, no warranty or condition express or Implied is given by General Equipment Rentals as to the condition of the goods, or as to the suitability or fitness of the goods for any purpose.
General Equipment Rentals do not accept any responsibility for any injuries to persons or damage to property belonging to the Hirer or to anyone else, arising out of the use of any equipment hereby hired, however such injury or damage may arise or be caused.
Where General Equipment Rentals provide operators as well as equipment, such operators shall only be required to work in accordance with the direction of the Hirer and that General Equipment Rentals will not be responsible for any error, defect or inadequacy of their work.
FIRE LOSS THEFT WAIVER
Fire Loss Theft Waiver “FLT Waiver” is not insurance but is an agreement by us to limit your liability in certain circumstances for loss by fire or theft to the equipment to an amount call the FTD Waiver Excess. The FTD Waiver excess will be 10% of the replacement cost of the equipment. The Hirer shall be liable to pay all hire charges at the invoice rate until the excess has been paid. All damage either accidental, willful or operator abuse is not covered by the “FLT Waiver” conditions. Theft must be from locked premises with forced entry.
ITEMS NOT COVERED
- Misuse or abuse by the hirer:
- Loss or damage to equipment occurring for any reason whilst located or used at unsecured building or construction sites:
- Misappropriation or wrongful conversion:
- Breach of any condition of this agreement:
- Loss or damage caused by mysterious disappearance of the equipment:
- Loss or damage caused by the operation of the equipment in violation of any statute (Commonwealth or State) or any regulation or by-law there under:
- Loss or damage to accessories including LP Gas bottles, Fork Slippers, lights etc:
- Loss or damage to tyres or tubes:
- Loss or damage to equipment occurring for any reason whilst located, used, loaded or unloaded, transported on over or adjoining water including without limiting the generality thereof whilst located, used, loaded, unloaded or transported over or on wharves, bridges, barges and vessels of all kinds:
The Hirer shall indemnify and keep indemnified and save harmless General Equipment Rentals and General Equipment Rental’s servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of General Equipment Rentals, its servants or agents or otherwise.
- EXCLUSION OF LIABILITY
General Equipment Rentals shall not be liable to the Hirer or the Hirer’s servant or agents for any damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations, warranties, terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under law) from the use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of General Equipment Rentals, its servants or agents or otherwise.
OPERATION OF CLAUSES (A) AND (B)
Clauses (A) and (B) above to the extent they are inconsistent with the other clauses, terms or conditions of the Agreement are to override such clauses and be of paramount force.
1 (a) Except as provided for under “FLT Waiver”, the Hirer shall be liable for and shall indemnify General Equipment Rentals against any damage to the equipment (for the purpose of this clause the expression “any damage to the equipment” includes all loss of or damage to the equipment however caused and whether through the negligence of the Hirer or any nominated driver or otherwise, and any costs expenses or outgoings in connection therewith or arising there from). The Hirer shall pay all hire charges as invoiced by General Equipment Rentals until all damage costs have been paid. In the event of theft or total loss the full replacement cost to be fully paid.
1 (b) Notwithstanding paragraph (a) hereof the Hirer shall be responsible for and shall indemnify General Equipment Rentals without limit against any damage to the equipment where-
- The equipment is driven by any person other than a nominated driver except in the case of illegal use or theft by a third party without the connivance or consent of the hirer.
- The equipment is subject to exposure to any corrosive or caustic, such as cyanide, salt, salt water, skin & hide process, acid etc
- The equipment is conveying any load in excess of that for which it was constructed or in excess of that allowed by law.
- The equipment is being driven by or is in the charge of any person under the influence of intoxicating liquor or of any drug or having more than the legally prescribed level of blood alcohol content.
- The equipment is driven or used on other than a formed road or when it is in a damaged or unsafe condition.
- The equipment is driven or used for the conveyance of passengers for hire fare or reward.
- The damage to the equipment occurs outside the period of hire.
- The Hirer is in breach of any of the terms hereof.
- The Hirer fails to notify General Equipment Rentals immediately of any damage to the equipment or to complete and furnish to General Equipment Rentals within a reasonable time such statements information and assistance as General Equipment Rentals may reasonably require in respect of the loss of the equipment or any accident or event involving damage to the equipment or to the property of any other person.
- The Hirer has without the written consent of General Equipment Rentals made or given an admission, offer, promise or payment in respect of any accident or damage to the equipment.
- The equipment is driven or used in circumstances which preclude the recovery or adversely affect the right to recover under the policy of insurance effected by General Equipment Rentals in respect of the equipment including the policy referred to under “FLT Waiver” above. If the equipment is driven or used in circumstances attracting the operation of this paragraph the Hirer shall be deemed to be in breach of this agreement.
Where this Agreement provides for a security interest for the purposes of the Personal Property Securities Act 2009 (Cth), General Equipment Rentals and the Hirer agree that our PPS Terms (which are available on request or at PPS Terms on Website) also apply to the hire.