TERMS & CONDITIONS OF HIRE
In this agreement:
1.1 “Action” means Air Conditioning Hire Australia Pty (ACN: 623 729 171)
trading as Action Air Conditioning Hire.
1.2 “Hirer” means the person, business or corporation specified
overleaf hiring the Equipment from Action;
1.3 “Equipment” means all equipment, plant, tools, accessories and
parts and supplied to the Hirer as specified overleaf.
The Hirer has inspected the Equipment prior to taking possession of the
Equipment and is:
2.1 satisfied that the Equipment is clean, in good repair and in safe working
2.2 aware of the proper use for which the Equipment is designed and is
satisfied that it is suitable for the purpose required;
2.3 satisfied with the instructions given in the proper and safe manner of
using the Equipment and is familiar with its proper and safe use.
3. USE OF EQUIPMENT
The Hirer agrees that the Equipment is to be used:
3.1 in a proper manner and for the purpose and within the capacity for which it was designed;
3.2 for legal purposes and in a legal manner and the Hirer will comply at its
own expense with requirements of all government authorities and relevant
3.3 at the address provided by the Hirer, and the Equipment is only to be
removed from this address for the purpose of returning it to Action;
3.4 by the Hirer or suitably competent employees or, with the approval of
Action, by a suitably competent, in accordance with any manuals,
operating instructions or safety advices provided with the Equipment,
and the Hirer must ensure that such matters are brought to the attention
of anyone operating the Equipment.
4. PERIOD OF HIRE
The period of Hire will commence from either:
4.1 the commencement date and time as shown overleaf; or
4.2 the time when the Equipment is delivered to the Hirer at the address
specified overleaf whichever is the earlier; and will terminate;
4.3 the time when the Equipment is returned to Action; or
4.4 the time the Hirer notifies Action that the Equipment is ready for
collection by Action. Such notification will be deemed to have been
properly given only when the Hirer has received from a member of the
office of Action, an off hire number.
This period of hire will terminate on whichever is the later event of 4.3 or
4.4. Notification by the Hirer that the Equipment is ready for collection
and the receipt by the Hirer of an off hire number will not relieve the Hirer
for liability for the Equipment until it is collected by Action.
Action will collect the Equipment within 72 hours of being requested
to do so by the Hirer and issuing an off hire number to the Hirer.
5. RETURN OF EQUIPMENT AND TERMINATION
5.1 The Hirer must return or make available for collection the Equipment to
Action during regular business hours.
5.2 All equipment returns are subject to a final inspection at an Action premises by Action for loss or damage.
5.3 Action may terminate this agreement at its sole discretion and the Hirer
authorises Action and its representatives to enter without notice upon
such land as may be necessary to recover the Equipment.
6. HIRING CHARGES
The Hirer must pay the hire charges at the rate and in the manner
specified during the hire period. The hire schedule of rates may be
subject to alteration by mutual agreement between the Hirer and Owner if
the agreed period of hire is altered in any way by the Hirer.
7. DELIVERY, INSTALLATION, UNINSTALLATION AND COLLECTION
If the Hirer requests Action to deliver, install, uninstall or collect
the Equipment, the Hirer must pay the charges at the rate and
manner specified during the hire period.
8. DELAY AND UNEXPECTED EXPENSES
The Hirer agrees to pay to Action all of Action’s unexpected reasonable
expenses incurred in complying with Hirer’s delivery, installation,
uninstallation or collection request. These expenses may include costs
due to any delay incurred, only stair access to upper levels, additional
labour performed or additional materials required to be used.
9. OFFERED ASSISTANCE
9.1 If an employee of Action is assisted in the loading, unloading or
installation, uninstallation of the Equipment the Hirer agrees to
indemnify Action for any property damage or personal injuries in
relation to this assistance whether or not due to negligence.
10. EQUIPMENT MAINTENANCE
The Hirer agrees to:
10.1 keep and maintain the Equipment in a clean condition and good repair
and working order;
10.2 service the Equipment in a skilful and proper manner where service is not performed by Action by arrangement with the Hirer:
10.5 give Action access to the Equipment for inspection at any reasonable
time without Action giving prior notice.
11. EQUIPMENT AND INSTALLATION FAILURE
If Equipment or the installation becomes unsafe or in a state of
disrepair, the Hirer agrees to immediately discontinue use of the
Equipment and to notify Action immediately. The Hirer must not attempt
to repair the Equipment without the consent of Action and will
immediately return the Equipment to Action’s premises if required to do
so by Action. If the failure is caused by reasonable wear and tear and for
no other reason including the Hirer’s negligence or misuse, Action
agrees, in its discretion, to:
11.1 repair the Equipment within a reasonable time;
11.2 make similar Equipment available, or
11.3 adjust the hire charge.
Action will in no circumstances be liable for any loss sustained by the Hirer.
The Hirer must immediately notify Action of any accident involving
13. DAMAGE & CLEANING
13.1 If the Equipment is not returned in good repair and working order (fair wear and tear accepted), Action may at its absolute discretion charge the Hirer for all reasonable costs of restoring the Equipment to good repair and
working order, or replacement cost for Equipment which cannot
reasonably be repaired. The Hirer agrees to advise Action immediately of
13.2 If the Equipment is not returned in a clean condition, Action may at its
absolute discretion charge the Hirer for all reasonable costs of cleaning the Equipment.
14. THEFT & LOSS
The Hirer will be liable for the cost of replacement of Equipment lost
or stolen while in its possession. The Hirer agrees to advise Action
immediately of loss or theft.
While on hire the Equipment is insured by Action. In the event of theft or
loss, and where the Hirer’s own insurance does not cover theft or loss
of hired in equipment, an insurance claim request may be made to
Action. A successful claim request will require an insurance excess to
be paid in an amount determined by Action.
Payment is due and payable at the end of a month period or the end of the
Hire period, whichever occurs first. Hire, delivery, installation,
uninstallation and collection charges or other charges where applicable
are payable on strictly net cash terms unless otherwise specified. Where
credit is extended terms are 30 days from date of statement. Any deposit
paid, or credit card provided, by the Hirer may be used by Action in
payment of any hire or other charges payable under this agreement.
17. FINANCIAL COLLECTION COSTS
The Hirer must pay all costs of collection actions or legal
proceedings brought to recover any amounts outstanding after the
end of the hire period on an indemnity basis.
18. PURCHASE ORDER
The use of Hirer’s purchase order number on this contract is for the Hirer’s
convenience and identification only. Absence of a purchase order number
will not be grounds for non-payment of hire charges when the Hirer has
had possession, or the right to possession, of the Equipment.
19. HIRER MUST NOT DEAL WITH EQUIPMENT
Action may assign its rights under the contract without the Hirer’s
permission but will remain bound by its terms. The Hirer must not allow
any lien to be created over the Equipment nor sell, transfer, sublease,
mortgage or charge the Equipment and will indemnify Action against
any losses or expenses incurred as a result of its loss of possession of
the Equipment for any of these reasons.
20. STAND DOWN
If the Hirer wishes to stand down an item of Equipment he must phone
Action each day on the day stand down is required and seek a stand down
number from Action who will have the discretion to refuse the stand down
and require the Equipment to be returned forthwith or made available for
collection. Any stand down will commence from the time permission is
granted to the Hirer by Action. A reduced rate of 50% of the normal daily
rate may apply at the sole discretion of Action.
21. EXCLUSION OF WARRANTIES
This contract contains no express or implied warranties other than those
which appear in this agreement. No warranty is given that the Equipment
is suited for its intended use. The Hirer warrants that it has made its own
independent inspection and has not relied on any representations by
The Hirer agrees to accept full responsibility for all claims in respect of
any injury to persons, loss of productivity or loss or damage to property,
arising out of the delivery, servicing, storage, possession, use or failure
of the Equipment during the hire period whether or not due to the
negligence of Action, its employee or agent or any other person and
agrees to indemnify Action with respect to these claims.
23. CALCULATION OF CHARGES
23.1 Charges are based on time out not time used.
23.2 One day’s hire is for is for twenty-four hours.
23.3 One week is seven consecutive days including weekends and holidays.
23.4 Extra days are charged at 1/5th of the weekly rate.
23.5 Payments to be made under this agreement have been calculated
exclusive of any GST or duty, and the Hirer agrees to pay Action any
GST or duty payable in relation to the hire of the Equipment.
24.1 The provisions of this contract are severable, so that the invalidity,
unenforceability, or waiver of any of the provisions will not affect
the remaining provisions.
24.2 The law relating to this agreement will be the law of the State of
Queensland and the parties submit to the non-exclusive jurisdiction of
the Queensland courts.
24.3 All payments to Action will be made without set-off, deduction