R1. The owner is the proprietor of the plant and equipment (“equipment”) listed in the schedule to this Agreement (“schedule”).
R2. The hirer will hire the equipment specified in the schedule from the owner upon the terms and conditions in this Agreement.
The hiring of the equipment will commence from the commencement date specified in the schedule and continue for the term specified in the schedule.
The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.
The hirer agrees to return the goods to the address of the owner on or before the end of the hire period as outlined in the schedule
The owner will not refund any hire charge monies if the hirer elects to return the equipment prior to the end of the hire period, regardless of reason.
The hirer agrees to pay the owner the hire fee specified in the schedule for the equipment for the hire period, which includes any applicable GST, if a hire charge is applicable.
The hire fee must be paid to the owner prior to or on the commencement date of the hire period.
The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.
The equipment shall not be used by anyone other than the hirer without the expressed permission of the owner.
3.1- The hirer agrees to operate, maintain and store the equipment strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer's instructions/manual and recommendations supplied by the owner and posted on the equipment as to the operations, maintenance and storage thereof.
3.2- The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.
3.3- The hirer shall ensure the equipment is returned to the owner clean of soil or any other foreign matter and any spray tanks and spray equipment shall be thoroughly cleaned. Fuel tanks on any equipment shall be full of fuel when the equipment is returned to the owner. In the event that these requirements are not complied with the hirer shall pay the owner the reasonable costs of compliance with these requirements.
The hirer warrants that:
the hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer's purpose.
To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period.
The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer's possession, use, maintenance, repair or storage of the equipment.
To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.
The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
This Agreement is governed by the laws of Australian Capital Territory (ACT) and New South Wales (NSW). Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.
In this Agreement, unless the context otherwise requires: