Terms & Conditions

UNEED HIRE & SALES TERMS AND CONDITIONS

1. Interpretation of words in this agreement

1.1  Commencement - The latter of the date on the MASTER AGREEMENT or time of delivery of the Equipment to the Customer.
1.2  Equipment - Equipment means any item of plant and equipment listed in a Schedule pursuant to this agreement including accessories.
1.3  Hire Rate - The amounts shown on the MASTER AGREEMENT payable by the customer for the hire of the Equipment.
1.4  Hire Period - The period of commencement until the Equipment is returned to Uneed Hire & Sales.
1.5  NOTE TO THE CUSTOMER - You are responsible for the Equipment until it is back in the possession of Uneed Hire & Sales.
1.6  HIRE AGREEMENT
The Owner shall let and the Hirer shall take on hire Equipment.  The Owner and the Hirer are entering into this master agreement whereby they agree to the terms and conditions below as being included in this master agreement to provide for the hiring of Equipment.
If the Hirer wishes to hire Equipment, the Hirer shall sign a hire MASTER AGREEMENT (the “master agreement”) in the form of Attachment 1  listing the particular Equipment taken for hire, applicable charges, hire commencement and termination date and such other information and provisions as  the Owner requires. The Owner may decline to hire Equipment in its sole discretion. This master agreement provides for the terms of each such hire.  Each agreement shall not constitute a separate hire agreement but shall be read together with and form part of an agreement with this master agreement.

2. UNEED HIRE & SALES OBLIGATIONS

2.1  allow the Customer to take and use the Equipment until it is due back.
2.2  provide the Equipment to the Customer clean and in good working order.
2.3  subject to clause 3.2 be responsible for repairing any damage to the Equipment caused by the ordinary use of the Equipment by the Customer.
2.4  re-supply or repair the Equipment if it fails to operate properly.
2.5  collect the Equipment within 5 days of being requested to do so by the Customer.
NOTE TO CUSTOMER: You must return the Equipment when due back.

3. PAYMENT BY THE CUSTOMER TO UNEED HIRE & SALES

3.1  on or before commencement (or as provided in the Customer’s Credit Application with Uneed Hire & Sales), the Customer will pay the Hire Charge.
3.2  immediately on request by Uneed Hire & Sales the Customer will pay:
(a)  the new list price of any Equipment which is for whatever reason not returned to Uneed Hire & Sales.
NOTE TO CUSTOMER: You are responsible for loss or theft of the Equipment;
(b)  all costs incurred in cleaning the Equipment.
(c)  all costs of repairing any damage caused by the ordinary use of the Equipment.
(d)  the cost of repairing any damage to the Equipment caused by the negligence of the Customer or the Customer’s agent;
(e)  the cost of repairing any damage to the Equipment caused by vandalism, or (in Uneed Hire & Sales reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the customer.
(f)  stamp duties, goods and services tax, any other taxes or duties and all tolls fines, penalties, levies or charges payable in respect of this Agreement and the hiring;
(g)  all costs incurred by Uneed Hire & Sales in delivering and recovering possession of the Equipment.
(h)  a late payment fee calculated daily at 10% per month on all amounts owing by the Customer not paid on time.
(i)  the kilometre charge, and any additional hire charges.
(j)  the cost of fuels and consumables provided by Uneed Hire & Sales and used and not returned by the Customer.
(k)  any expenses or legal costs (including commission payable to a commercial agent) incurred by Uneed Hire & Sales as a result of the failure of the Customer to pay charges when due.
(l)  all costs of repairing or replacing tyres, including road service.

4. RETURN OF EQUIPMENT BY THE CUSTOMER TO UNEED HIRE & SALES

The Customer will.
4.1  deliver the Equipment to Uneed Hire & Sales when it is due back.
4.2  return the Equipment to Uneed Hire & Sales clean and in good repair.

5. OTHER OBLIGATIONS OF THE CUSTOMER

The Customer will;
5.1  satisfy itself at commencement that the Equipment is suitable for its purposes.
5.2  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 Uneed Hire & Sales or posted on the Equipment.
5.3  indemnify Uneed Hire & Sales for all damage caused to persons and property in relation to the Equipment and its operation and have insurance to cover any legal liabilities incurred as a result of the use of the Equipment.
5.4  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;
5.5  comply with all occupational health and safety laws relating to the Equipment and its operation.
5.6  safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle.
5.7  operate the Equipment with an adequate motor vehicle and/or power source.
5.8  the customer shall maintain liability, property and casualty insurance in amounts necessary to fully protect the owner and it’s Equipment against claims or damage of whatever nature or type.
The Customer will NOT:
5.9  tamper with, damage or repair the Equipment.
5.10  lose possession of the Equipment.
5.11  rely upon any representation relating to the Equipment or its operation other than those contained in this Agreement.
5.12  allow the re-hire or use of  the hired Equipment be any party not employed or under the control of the agent or customer as stated on the contract as the “customer”
5.13  exceed the recommended or legal load and capacity limits of the Equipment.
5.14  use or carry any illegal, prohibited or dangerous substance in or on the Equipment.
5.15  travel outside the state where the Equipment is hired unless approved by Uneed Hire & Sales

6. CUSTOMER NOT TO CLAIM DAMAGES

The Customer cannot recover from Uneed Hire & Sales compensation for any damages (including for consequential loss) arising in respect of this Hire Agreement of the hiring or the use of the Equipment.

7. BREACH OF HIRE AGREEMENT BY CUSTOMER

If the customer breaches any clause whatsoever of this Agreement, or becomes bankrupt, insolvent or ceases business, then;
7.1  Uneed Hire & Sales shall be entitled to
(a)  terminate the Agreement, and/or
(b)  sue for recovery of the charges, and/or
(c)  repossess the Equipment (and is authorized to enter the Customer’s premises to do so).
7.2  The Customer must pay for any repairs to the Equipment despite Clause 2.4

8. NO WARRANTIES

All warranties and conditions are excluded to the full extent permitted by law and Uneed Hire & Sales only obligation resulting from a breach by it of any condition or warranty is limited to the supplying of the Equipment again or to the repair of the Equipment.

9. DISPUTES

If a dispute arises relating to this Agreement, the hiring or the use of the Equipment (except in regard to the payment of charges), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.

10. INDEMNITY

The Customer assumes all risk inherent in the operation and use of the Equipment by it or its agent. The Customer agrees to assume the entire responsibility for the defence of, and to pay,  and indemnify and release the owner from any and all claims for damage to property or bodily injury (including death) or for loss of time or inconvenience resulting from the use, operation, or possession of the Equipment, whether or not it be claimed or found that such damage or injury resulted in whole or in part from the owner’s negligence, from the defective condition of the Equipment, or from any cause.

11. DELIVER / PICK UP

The Customer grants the Owner or its agent or sub-contractor the right to enter any premises for the sole purpose of delivery, installation, pick up or removal of the Equipment.

12. SECURITY DEPOSIT

The Owner may require a Security Deposit from the Customer prior to and as a condition of the commencement of the Hiring Period and the Owner shall be permitted to deduct from the Security Deposit any Additional charges or other moneys due but unpaid in respect of use and hire of the Equipment.

13. PRIVACY

Uneed Hire & Sales will comply with the National Privacy Principles in all dealings with Customers.

14. PPS LAW

14.1  This clause applies to the extent that this Agreement provides for a "security  Interest‟ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law).
14.2  References to PPS Law in this Agreement include references to amended,  replacement and successor provisions.
14.3  The Owner may register its security interest as a PMSI.   The Hirer must do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of:
(a)  ensuring that the Owner's security interest is enforceable, perfected and otherwise effective under the PPS Law;
(b)  enabling the Owner to gain first priority (or any other priority agreed to be the Owner in writing) for its security interest; and
(c)  enabling the Owner to exercise rights in connection with the security interest.
14.4  The Owner may recover from the Hirer the cost of doing anything under this clause, including but not limited to registration fees.
14.5  The rights of the Owner under this document are in addition to and not in substitution for the Owner‟s rights under other law (including PPS Law) and the Owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit.
14.6  To the extent that Chapter 4 of the PPS applies to the 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 the Owner to give notice to the( Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give notice to the Hirer); 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 (reinstatement of security agreement).
14.7  The following provisions of the PPS Law confer rights on the Owner: 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). The Hirer agrees that in addition to those rights, the  Owner shall, if there is default by the Hirer, 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 Hirer agrees that the Owner may do so in any manner it sees  fit, including (in respect of dealing and disposal) by private or public sale, lease or  licence.  
14.8  The Hirer 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.
14.9  The Owner and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law.   The Hirer 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 purposes of allowing the Owner the benefit of section 275(6)(a) and the Owner shall not be liable to pay damages or any other compensation or be subject to injunction if  the Owner breaches this sub-clause.

15. SECURITY INTEREST AND SUB HIRE

15.1  The Hirer must not create, 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 the Owner.
15.2  The Hirer must not lease, hire, bail or give possession („sub-hire‟) of the Equipment to anyone else unless the Owner (in its absolute discretion) first consents in writing.   Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner  under this Agreement.
15.3  The Hirer may not vary a sub-hire without the prior written consent of the Owner  (in its absolute discretion).
15.4  The Hirer must ensure that the Owner is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.
15.5  The Hirer must take all steps including registration under PPS Law as may be required to:
(a)  ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law;
(b)  enabling the Hirer to gain (subject always to the rights of the Owner) first  priority (or any other priority agreed to by the Owner in writing) for the security interest; and
(c)  enabling the Owner and Hirer to exercise their respective rights in connection   with the  security interest.
15.6  The Owner may recover from the Hirer the cost of doing anything under this clause including registration fees.