CONDITIONS OF HIRE - Plain English
(The paramount agreement appears below, starting at 1.)
- We always own the equipment, no matter what.
- If it breaks because it is defective, we will replace it immediately, if we can.
- If it breaks or damaged because of abuse or misuse, the above applies, but you pay.
- If you lose it, we will charge you for the replacement cost.
- We supply the equipment in good faith to perform the task for which it is designed. You indemnify us against any legal action relating to how it is used, against any damage or injury it causes, or any form of backcharge relating to contractual agreements.
- The hire charges commence and terminate at the time the equipment leaves and returns to our premises.
- You will return the equipment to us in a similar condition to it’s arrival. Fair wear and tear accepted.
- Terms of payment are payment before delivery, unless you have made prior arrangements with us.
- All our invoices have our bank details on them for ease of Direct Deposit.
- If you ‘Dry hire’, then you load and you unload the hired equipment at our depot.
- We maintain a client history, our best customers get our best efforts.
CONDITIONS OF HIRE - Megadeck Australia Pty Ltd
1. DEFINITIONS. In these Conditions of Hire
[a] “Owner” is Megadeck Australia Pty Ltd. ABN 32-068 156 123, its employees and agents.
[b] “Hirer” includes an individual, firm, company, partnership, corporation, unincorporated body and government body.
[c] “Contract” means the binding and legally enforceable contract represented by these Conditions of Hire and the particular Agreement/Rental Contract completed by the Hirer.
[d] “Site” is the designated delivery and/or pick-up site identified on the delivery note/invoice.
[e] “Staging”, unless a contrary intention appears, includes all goods and services supplied by the Owner to the Hirer.
[f] A reference to one gender includes all genders. The singular includes the plural and vice versa.
2. USE OF STAGING BY THE HIRER.
[a] Before using the staging, the Hirer shall examine the Staging and satisfy himself as to the quality and fitness for the intended purpose.
[b] It is the responsibility of the Hirer to ensure that- [i] all bolts, nuts and any other fixing or clamping devices are securely fastened and are checked regularly. [ii] the Staging shall not be painted or stained, nor shall the Hirer permit the Staging to be ‘oversprayed’ or any other type of negligent or deliberate painting.
[iii] no holes, saw cuts or any other marks to be made into the plywood top or any other part of the Staging.
[c] The Staging shall be clear of all other work or refuse, both on and around the Staging, and shall be clean and ready for dismantling at the designated pick-up time.
3. LOAD RATING.
The Hirer must not exceed the stated load rating for any piece of staging. A label is affixed to the underside of the ply top that states the uniform safe load capacity of 6.6 kPa for Aluminium Megadecks & 7.5 kPa for Steel Megadecks as tested by Testsafe Australia. Any stage pieces showing signs of overloading will be destroyed by the owner and the full cost will be charged to the Hirer.
4. DAMAGE TO, OR LOSS OF STAGING.
[a] The Hirer shall be responsible for any loss or damage to the Staging for any reason whatsoever including without limitation by theft, loss, accident, flood, fire or explosion except that caused by fair wear and tear.
[b] Where the Hirer is responsible for damage to the Staging, the whole or any part of the cost of replacement or repair will be added to the invoice total.
5. DAMAGE TO PROPERTY OR PERSON
[a] INDEMNITY - The Hirer shall indemnify and keep indemnified and save harmless the Owner and the Owner’s servants or agents from all damages, suits, actions, claims and demands of every description whatsoever and however arising either directly or indirectly from the use, maintenance, transport or operation of the Staging or otherwise and whether resulting from the negligence of the owner, its servants, agents or otherwise.
[b] EXCLUSION OF LIABILITY - The Owner shall not be liable to the Hirer or the Hirer’s servants or agents for any damages, suits, actions, claims or demands of every description whatsoever and howsoever arising either directly or indirectly from representations, warranties, terms and conditions expressed or implied (except insofar as statutory conditions and warranties cannot be excluded under Part V Division 2A of the Trade Practices Act 1974 or relevant State legislation), use, maintenance, transport, operation of Staging or otherwise and whether resulting from the negligence of the Owner, its servants, agents or otherwise.
[c] OPERATION OF CLAUSE 4[a] AND 4[b] Clauses 4[a] ,and 4[b] hereof, to the extent that they are inconsistent with other clauses terms and conditions of this Agreement, are to over-ride such clauses and be of paramount force.
6. STAGING DEPOSIT.
The Hirer shall pay a deposit of 20% of the full quoted price of the staging hire at the time of ordering which will be no less than two working days prior to the start of the period of hire and shall also leave with the Owner suitable security to cover the full cost of the hire.
7. ASSIGNMENT.
The Hirer shall not sell, transfer, assign, part with possession, mortgage, charge or encumber any right or obligation under these Conditions Of Hire without the prior written consent of the Owner.
8. PAYMENT OF CHARGES. (MINIMUM HIRE PERIOD IS 1 WEEK)
Charges at the quoted price shall be paid to the Owner on determination of the hire period and includes following;
[a] The hiring charge for the Staging.
[b] The cost of erecting and dismantling the Staging.
[c] The amount of loss or damage to the Staging, subject to these Conditions Of Hire.
[d] The cost of freight or other charges incurred by the Owner in respect of delivery or return of the Staging.
[e] Any costs incurred by the Owner in waiting time, cancellation, cleaning or repossessing the Staging in accordance with these Conditions Of Hire.
[f] The cost of any special requirements.
9. WAITING TIME AND ACCESS TO SITE.
If the delivery, pick-up, assembly or dismantling of the Staging is unable to be effected within one half hour of the designated time for whatever reason the Owner at its absolute discretion can elect to return crew and/or Staging to base and charge a ‘Lost Call’ fee (in addition to as detailed in Condition 9 of these Conditions Of Hire) or wait at the Site and charge an additional fee at the rate of $33 per man per every half hour.
10. CANCELLATION.
Should the Hirer cancel the job, a fee will be charged at the rate of;
[a] 20% of the full quoted price if less than 48 hours notice but more than 24 hours notice is given.
[b] 50% of the full quoted price if less than 24 hours but before truck and crew have arrived at the Site.
[c] The full quoted price will be charged once the truck and crew have arrived at the Site.
[d] The full cost of any materials and labour for any special requirements for any particular contract.
11. CHANGE OF DESIGN.
Should the Hirer change the design and give less than 24 hours notice to the delivery time and date specified, the charges shall be as follows;
[a] If the new design is less than the original quoted figure, the original figure shall remain.
[b] If the new design is more than the original quoted figure, the extra pieces plus labour will be charged for.
12. RE-POSSESSION.
The operation of this agreement is in all respects conditional of due payment of all monies and should the monies due be paid partially or wholly by a cheque which is not duly honoured, then the Hirer shall immediately be in default under this agreement and the Owner shall be intitled to re-possess the Staging.
The Owner may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, re-possess the Staging in any of the following events;
[a] If the Hirer shall fail to pay any monies by due date;
[b] If the Hirer shall do or permit to be done any act or thing whereby the Owner’s rights in the Staging be prejudiced;
[c] If the Hirer becomes or is made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of the Hirer being a company, should an order be made or a resolution for the winding up of such a company or;
[d] If the Hirer commits any breach of this agreement.
13. DRY HIRE.
Should the Hirer elect to dry hire the Staging, it is the Hirers reponsibility to load and unload this equipment at the Owners depot, at both pickup and return.
Any previous negotiations, understandings, written or oral representation, warranties, memorandum or commitments in relation to the Staging are superseded by these conditions and no amendment to these conditions shall bind the parties unless in writing and executed by or on behalf of the Owner. Hours of business are 0800 hours to 1630 hours Monday to Friday.
