Hire Contract Conditions

Hire Contract Conditions                   

Note to customer - You should read these Hire Contract Conditions very carefully. They contain terms and conditions which may impact you, including that;

the liability of Bristol Paints Capalaba to its Customers is excluded in some circumstances; and

1. Customers may be liable for damage to goods that are hired by them, and for damage to goods or property owned by a third party; and
2. Bristol Paints Capalaba’ Privacy Policy permits Bristol Paints Capalaba in some circumstances and subject to compliance with the Australian Privacy Principles to provide data about a Customer, or data provided by a Customer, to a third party in a form that may enable the third party to identify the Customer.

These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by Bristol Paints Capalaba and the Customer in writing. Bristol Paints Capalaba agrees to hire Equipment to the Customer on terms set out in this document. If the Customer wishes to hire Equipment, Bristol Paints Capalaba will issue to the Customer a Hire Schedule, setting out the terms of the hire of that Equipment. Each Hire Schedule is not a separate contract but forms a part of this Hire Contract between Bristol Paints Capalaba and the Customer, together with any credit application, guarantee and indemnity or other contractual documents. The Customer agrees to receive hire schedules and all associated documentation by electronic means, or by printed or other form where electronic means are not available. The Customer must check the Hire Schedule on receipt and unless the Customer notifies Bristol Paints Capalaba before collection of the Equipment that it disagrees with anything in the Hire Schedule, the terms of the Hire Schedule are accepted by the Customer. Bristol Paints Capalaba may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.

Amendment: These Hire Contract Conditions may be changed by Bristol Paints Capalaba from time to time by Bristol Paints Capalaba giving notice of the amendment to the Customer. Notice is deemed given when Bristol Paints Capalaba does any of the following:

1. sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer;
2. publishes the amended terms on its website or
3. displays the amended terms at premises from which Bristol Paints Capalaba conducts hire operations.

Changes to these Hire Contract Conditions will only apply to Hire Schedules entered into after the change has been notified to the Customer by one of the methods mentioned above.

1. INTERPRETATION OF WORDS IN THIS CONTRACT;

Commencement – The date and time when the Customer takes possession of the Equipment.
Equipment – Means any kind of Equipment or tools including but not limited to the following kinds of goods or goods suitable for the following kinds of uses: cleaning; cooling and/or heating; air and air compression; pumping and fluid management; generation and power distribution; ladders and scaffolding; propping; lighting; signage; and includes tools and parts and accessories for any of the foregoing.
Customer – refers to the person, firm, organisation, partnership, corporation or other entity (including a trust) hiring the Equipment from Bristol Paints Capalaba Hire as identified in the Credit Application or Hire Schedule.
Hire charge – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.
Hire period – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if Bristol Paints Capalaba agrees. Bristol Paints Capalaba may issue an amended Hire Schedule for any extension of the Hire Period.
Hire schedule – Means a document in such form as Bristol Paints Capalaba shall require, setting out the terms of the hire of Equipment, including the particulars of the Equipment and the Hire Period and such other information as Bristol Paints Capalaba may decide to include. BRISTOL PAINTS CAPALABA – The company or companies listed on the Hire Schedule.
Remote area – Any location which is more than 40 kilometres from the Bristol Paints Capalaba branch from where the Equipment is hired.

2. BRISTOL PAINTS CAPALABA OBLIGATIONS

Bristol Paints Capalaba will:
2.1 Allow the Customer to take and use the Equipment for the Hire Period;
2.2 Provide the Equipment to the Customer clean and in good working order;

Note to customer: You must return the Equipment at your expense when due back unless you obtain a Customer Pick Up Number from Bristol Paints Capalaba.

3. OBLIGATIONS OF THE CUSTOMER

The Customer must:
3.1 Deliver the Equipment to Bristol Paints Capalaba when it is due back;
3.2 Return the Equipment to Bristol Paints Capalaba clean and in good repair;
3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes;
3.4 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Bristol Paints Capalaba or posted on the Equipment;

Note to customer: You MUST advise Bristol Paints Capalaba if you require any further instruction on the operation and safe use of the Equipment.

3.5 Indemnify Bristol Paints Capalaba for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;
3.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised;
3.7 Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed;
3.8 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;
3.9 Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, and indemnify Bristol Paints Capalaba in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer;
3.10 Operate the Equipment with an adequate power source;
3.11 Report and provide full details to Bristol Paints Capalaba of any accident or damage to the Equipment within two business days of the accident or damage occurring;
3.12 Sign any documentation requested by Bristol Paints Capalaba at such intervals as reasonably stipulated by Bristol Paints Capalaba, to confirm the Customer’s acceptance of these Hire Contract Conditions;
3.13 Assist and co-operate fully and promptly with Bristol Paints Capalaba and/or its insurer in the investigation, settlement or defence of any claim or matter relating to a Hire Schedule on which the Customer is named;
3.14 Remain responsible for the care and safekeeping of the Equipment until collected by or delivered back to Bristol Paints Capalaba.

The Customer must NOT:
3.15 Tamper with, damage or repair the Equipment;
3.16 Lose or part with possession of the Equipment;
3.17 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;
3.18 Exceed the recommended or legal load and capacity limits of the Equipment;
3.19 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment;

4 PAYMENTS BY THE CUSTOMER TO BRISTOL PAINTS CAPALABA

4.1 On or before Commencement (or as otherwise specifically agreed with Bristol Paints Capalaba), the Customer will pay the Hire Charge.
4.2 Immediately on request by Bristol Paints Capalaba, the Customer will pay:
 (a) the current day rate for each and every day any Equipment which is for whatever reason not returned to Bristol Paints Capalaba

Note to customer: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment.

(b) all costs incurred in cleaning the Equipment;
(c) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;
(d) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer’s use of the Equipment;
(e) all costs incurred by Bristol Paints Capalaba in delivering and recovering possession of the Equipment;
(f) Interest for late payment of amounts owing by the customer, at the rate of 10% per day from time to time;
(g) the cost of fuels and consumables provided by Bristol Paints Capalaba and not returned by the Customer;
(h) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by Bristol Paints Capalaba in enforcing this Contract due to the Customers default;
(i) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract; and
(j) Hire fees for the period from the commencement of the hire until the Equipment is returned or a customer pick up number is obtained from Bristol Paints Capalaba.
4.3 Without limiting the ability of Bristol Paints Capalaba to recover all amounts owing to it, the Customer authorises Bristol Paints Capalaba to charge any amounts owing by the Customer to any credit card or account details of which are provided to Bristol Paints Capalaba.
4.4 Bristol Paints Capalaba may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.

5.PPS LAW

5.1 This clause applies to the extent that this Contract 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 or legislation.
5.2 Bristol Paints Capalaba may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which Bristol Paints Capalaba requires for the purposes of (a) ensuring that Bristol Paints Capalaba’ security interest is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling Bristol Paints Capalaba to gain first priority (or any other priority agreed to by Bristol Paints Capalaba in writing) for its security interest; and (c) enabling Bristol Paints Capalaba to exercise rights in connection with the security interest.
5.3 The rights of Bristol Paints Capalaba under this document are in addition to and not in substitution for Bristol Paints Capalaba’ rights under other law (including the PPS Law) and Bristol Paints Capalaba may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it Bristol Paints Capalaba security interest will attach to proceeds.
5.4 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, 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 this 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 Bristol Paints Capalaba to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires Bristol Paints Capalaba to give a notice to the Customer); 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).
5.5 The following provisions of the PPS Law: 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) confer rights on Bristol Paints Capalaba. Customer agrees that in addition to those rights, Bristol Paints Capalaba shall, if there is default by Customer, 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 Customer agrees that Bristol Paints Capalaba may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.
5.6 The Customer 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.
5.7 Bristol Paints Capalaba and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer 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 purpose of allowing to Bristol Paints Capalaba the benefit of section 275 (6)(a) and Bristol Paints Capalaba shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.
5.8 Customer must not dispose or purport to dispose of, or create or 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 Bristol Paints Capalaba.
5.9 Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else.

6. DAMAGE WAIVER

6.1 Damage Waiver is not insurance, but is an agreement by Bristol Paints Capalaba that the Customer’s liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.

Please note - Damage Waiver does NOT cover the costs of recovery of the Equipment, which are always payable by the Customer.

6.2 Subject to the provisions of this Section 6, Damage Waiver applies to each incident occurring in all hires, for no additional fee. The Damage Waiver Excess is the actual repair cost of the Equipment, or 20% of the current replacement cost of the Equipment as reasonably determined by Bristol Paints Capalaba using supplier’s list prices, whichever is the lesser amount.

DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER'S LIABILITY IN THE FOLLOWING CIRCUMSTANCES;
(a) where the Equipment is lost or stolen;
(b) where the operator is affected by drugs and/or alcohol;
(c) where the equipment has been willfully damaged at any time during the Hire Period;
(d) Where the damage is caused by rolling or detachment while the Equipment is being driven or towed;
(e) where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road;
(e) where the damage is caused in any way by overloading; (h) where the damage is caused by flash flooding or general water damage;
(f) where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance; or


6.3 THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER'S LIABILITY FOR THEFT in the following circumstances;
(a) where the Customer has failed to keep the Equipment in a securely locked enclosed area; or
(b) where the Customer has failed to submit to Bristol Paints Capalaba a Police Report on the theft within seven days of the theft allegedly occurring. In the event of Theft Waiver applying, hire fees will be charged to the Customer until the Police Report is provided to Bristol Paints Capalaba.

6.4 A Damage Waiver Excess must be paid by the Customer for each and every separate incident which may occur in any Hire Period, where any Damage Waiver is applicable under this section 6.

7. EXCLUSION OF WARRANTIES AND LIABILITIES

7.1 Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.

7.2 Where the Australian Consumer Law applies and the Equipment is not of a kind ordinarily acquired for personal domestic or household use or consumption, Bristol Paints Capalaba liability in respect of any guarantee is limited to the replacement or repair of the Equipment, or the cost of having the Equipment repaired or replaced.

7.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. Bristol Paints Capalaba makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.

8. REMOTE HIRE

Where the Equipment is at any time hired by the Customer to be located in a Remote Area, the following clauses will also apply, in addition to the obligation of the Customer under Clause 3 and elsewhere in these Hire Contract Conditions;
(a) The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by Bristol Paints Capalaba (‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometer rate travelled by Bristol Paints Capalaba staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost incurred by Bristol Paints Capalaba and its staff in connection with travel to and from the Remote Area;
(b) Multiple items of Equipment hire by a Customer on the one site will only be charged for one call out fee;
(c) The Customer is responsible at its cost for daily maintenance and care of all Multiple items of Equipment hire by a Customer on the one site will only be fittings and lubrication of all grease points.

9. BREACH OF HIRE CONTRACT BY CUSTOMER

If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:

9.1 Bristol Paints Capalaba shall be entitled to:
(a) terminate this Contract; and/or
(b) sue for recovery of all monies owing by the Customer; and/or
(c) repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.
9.2 The Customer indemnifies Bristol Paints Capalaba in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.

10. DISPUTES

10.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Bristol Paints Capalaba in writing within 30 days of the hire contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.
10.2 If a dispute arises relating to this contract, the hiring or the use of the Equipment (except in regard to payments due to Bristol Paints Capalaba), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.

11. PRIVACY

Bristol Paints Capalaba will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the Bristol Paints Capalaba Privacy Statement is available upon request or by visiting https://bristolpaintscapalaba.com.au/policies/privacy-policy

12. GOVERNING LAW 

12.1 The hire contract containing these Hire Contract Conditions is a payment claim under the Building and Construction Industry Payments Act 2004 QLD