Terms and Conditions of Hire

Gold Coast Plant Rentals Terms and Conditions

This contract is between Gold Coast Plant Rentals (the "Owner") and You as the Hirer (the "Client") dated 13/08/2024.

The Hirer is hiring equipment as described in this contract from Gold Coast Plant Rentals ABN 19 146 252 759.

Terms:

A. The Owner is the proprietor of the equipment listed in the Schedule to this Agreement (“Equipment”).
B. The Hirer will hire the Equipment specified in the Schedule from the Owner upon the terms and conditions in this Agreement.

OPERATIVE PROVISIONS
1. Hire of Equipment
(a) The hiring of the Equipment will commence from the commencement date specified in the Schedule and continue for the term specified in the Schedule.
(b) The Hirer is entitled to use the Equipment for the hire period as outlined in the Schedule ("Hire Period") and for any agreed extension of the period.
(c) The Hirer agrees to return the Equipment to the address of the Owner on or before the end of the Hire Period as outlined in the Schedule.
(d) The Owner will not refund any hire fee monies if the Hirer elects to return the Equipment prior to the end of the Hire Period, regardless of reason.

2. Payment for Rental
(a) The Hirer agrees to pay the Owner the hire fee specified in the Schedule ("Hire Fee") for the Equipment for the Hire Period, which includes any applicable GST.
(b) The Hire Fee must be paid to the Owner prior to or on the commencement date of the Hire Period.

3. Use, Operation, and Maintenance
(a) The Hirer acknowledges that use of the Equipment carries inherent dangers and risks of injury or property damage and accepts all such risks.
(b) The Equipment must only be operated by the Hirer or an operator deemed competent by the Hirer. By signing this Agreement, the Hirer confirms that they or the operator are competent to operate the Equipment safely.
(c) The Equipment must not be used by anyone other than the Hirer or their competent operator. The Hirer must use the Equipment in a careful and proper manner, comply with all manufacturer recommendations, and comply with all applicable laws, including OH&S, environmental, and local, state, or federal requirements.
(d) The Equipment must be used only for its intended purpose and within its operational limitations.
(e) When loading or unloading the Equipment:

Ensure the Equipment is on a flat surface or downhill slope; under no circumstances load/unload on an uphill slope.
Ensure wheels are chocked before moving the Equipment.
The Hirer acknowledges that failure to comply with these requirements is a serious safety hazard.
(f) The Hirer will comply with all occupational health and safety laws relating to the use of the Equipment and related operations.
(g) Maximum use of the Equipment is 8 machine hours per day.
(h) The Hirer must ensure the Equipment is returned thoroughly cleaned and full of fuel. Costs for cleaning or refuelling not performed by the Hirer will be charged to the Hirer.
(i) The Hirer must not alter, modify, or attach anything to the Equipment without prior written consent, except removable attachments that do not affect functionality or value.
(j) The Hirer must inspect the Equipment before use and acknowledge any faults. Failure to inspect or report damages may make the Hirer responsible for subsequent issues.
(k) The Hirer must ensure all operators wear appropriate personal protective equipment while using the Equipment.
(l) In the event of breakdown, malfunction, or emergency, the Hirer must stop using the Equipment immediately and contact the Owner.
4. Hirer’s Warranties
The Hirer warrants that:
(a) The Equipment will be used in accordance with the conditions outlined in the Schedule;
(b) The particulars in the Schedule are correct in every respect and are not misleading;
(c) The Hirer or operator is competent to safely operate the Equipment;
(d) The Equipment will not be used for any illegal purpose;
(e) The Hirer’s vehicle is suitable for towing or transporting the Equipment;
(f) The Hirer will not, without prior written consent, modify or permit any modification of the Equipment;
(g) The Equipment is in merchantable condition and fit for the Hirer’s intended purpose;
(h) The Hirer will not encumber the Equipment or allow it to be encumbered in any way.

5. Taxes
(a) The Hirer will report and pay all taxes, fees, and charges associated with the Equipment or its use.
(b) Penalties for late payment or non-compliance are the Hirer’s responsibility.
(c) If contesting a tax, the Hirer must indemnify the Owner for any expenses arising from non-payment.

6. Indemnity
The Hirer indemnifies the Owner against any claims, damages, liabilities, costs, or legal proceedings arising from the Hirer’s use of the Equipment, including injury to themselves or third parties.

7. Loss, Damage, or Breakdown of Equipment
(a) The Hirer is responsible for loss or damage to the Equipment during the Hire Period, except normal wear and tear.
(b) In the event of breakdown, the Equipment must be returned to the Owner immediately, and the Hirer must not attempt repairs.

8. Insurance
The Owner maintains current insurance policies covering the Equipment to its full insurable value. The Hirer acknowledges that, while the Owner maintains insurance on the Equipment, the Hirer remains fully responsible for any loss, damage, or injury arising from the use, operation, loading, unloading, or transportation of the Equipment. The Owner’s insurance may pursue recovery of any costs or claims from the Hirer, and the Hirer agrees to reimburse the Owner for any such costs or claims at their own expense

9. Liability
The Hirer assumes all risks for injury, death, or property damage arising from possession, use, or operation of the Equipment.

10. Disclaimer
The Owner disclaims all liability to the extent permitted by law and does not guarantee the condition of the Equipment.

11. Title
(a) Ownership of the Equipment remains with the Owner. The Hirer is a bailee only.
(b) The Hirer must not sell, sublet, pledge, or encumber the Equipment in any way.

12. Repossession
The Owner may retake possession if the Hirer breaches this Agreement. Hire fees are charged only up to repossession.

13. Completion of the Hire Period
The Hire Period ends when the Equipment is returned in the same condition and by the scheduled time.

14. Default
Events of default include non-payment, insolvency, or attachment of Equipment.

15. Remedies
On default, the Owner may pursue remedies including recovery of hire fees, legal action, or repossession.

16. Non-merger
Obligations continue after termination if not fulfilled.

17. Severance
Invalid provisions do not affect the rest of the Agreement.

18. Governing Law
This Agreement is governed by the laws of Queensland. Parties submit to the non-exclusive jurisdiction of Queensland courts.

19. Interpretation
Standard interpretation rules apply; headings do not affect interpretation.

Schedule
1. Equipment:

John Deere E18ZS Earthmoving Plant Excavator
Serial: IDWNPE018AKND016443 Engine: H3U11DR107873
Alltrades Trailers ALLTOW2900E Trailer (articulated) Flat Top
Rego: 152UTC Serial: 6K9ALLTRDNY374074
Norm Engineering bucket set (350, 450, 900 and ripper)
Auger Drive set (300mm, 450mm)
2. Hire Fee: As noted above

3. Hire Period: 8:00am start date – 4.30pm end date, as listed above

4. Maximum Use: 8 machine hours per day