CONDITIONS OF HIRE
1. The hirer shall pay to the owner at the owner’s address set out overleaf the rental set out overleaf computed from the date upon which the
owner completes delivery of the equipment and continuing until the termination of the hire in accordance with these conditions. After the
expiration of the initial hire period rental shall be on a monthly basis unless otherwise agreed.
2. All rental and other charges are strictly Nett and save as set out below are payable within fourteen days from the date of invoice. If not paid
within period specified, the owner may charge interest thereon at the rate of fourteen per centum per annum computed from the date upon which
the sum became due as aforesaid until payment of the same, such interest being liquidated damages by way of compensation for delay in
payment and not by way of penalty.
3. The hirer shall terminate:
(i) before the expiration of the initial hire period if the hirer gives to the owner notice of the hirer’s intention to terminate the hirer provided however
that the hirer shall be liable to pay to the owner all rental and other charges payable in respect of the initial hire had not been terminated before the
expiration of that initial hire period, or
(ii) after the expiration of the initial hire period but only when one party gives to the other notice of terminating the hire, or
(iii) on any breach of these conditions by the hirer provided that it is hereby expressly agreed by the parties that the hire shall not terminate prior to
the owner being given by the hirer immediate and ready access to the equipment in accordance with clause 6 hereof.
4. Delivery of the equipment in clean and good condition and proper working order shall, as against the hirer, be deemed to be as per order and
invoice unless notice specified and discrepancy or defect is given to the owner within seven days of the date of invoice. The hirer shall keep the
equipment in clean and good condition and proper working order and the owner shall not be responsible at all in the respect of any claims or
causes of action whatsoever cause or nature which may arise out of the use of the equipment or as a result of any defect therein or its being on
site.
5. The hirer shall give precise instructions to the owner as the site and as to the location on site he requires the equipment to be installed. If the
equipment is to be removed to another site or re-positioned on the site, this shall be carried out by the owner at the hire’s cost or by the hirer with
the owner’s written authority first obtained unless the hirer proves to the owner’s satisfaction that the equipment was installed contrary to
instructions. The hirer shall pay all charges due to any statutory body or authority incidental to any such removal or repositioning.
6. The hirer shall not sell, offer for sale, assign mortgage, pledge, under let, lend, permit any lien to exist over, encumber, charge or dispose of
the equipment or his interest under his contract in any way without the prior written consent of the owner.
7. So long as the equipment shall remain on the site the hirer shall be liable for any damage to or loss of the equipment from any cause
whatsoever including theft, storm, tempest, fire, act of god, flood or other natural catastrophe but (save in the case of crossings) excepting fair
wear and tear. Where the hirer is responsible for damage to equipment, the owner may recover from the hirer as a debt due are payable the costs
of repairing and/or replacing the same where this is, in the opinion of the owner, necessary. The hirer shall further I liable to pay rental on a
weekly basis until the equipment has been repaired and/or replaced.
8. The owner may affix to the equipment, or any part thereof, such signs as he may desire indicating his ownership of the equipment. These shall
not removed, deface, obliterated or covered over by the hirer and the owner shall have free access at all times thereto for the purpose of
maintaining same.
9. If any order be made for sequestration of the hirer’s estate or if he shall enter into any composition or arrangement with his creditors, or being a
company enter into liquidation (save for the purpose of re-construction and/or amalgamation) or in any way be in breach of the terms and
conditions of this Contract on his part to be performed and observed, the owner may terminate this Contract at his option and retake possession
of all equipment hired and the hire authorises the owner by his servants, agents and employees to do all things and commit all acts which may be
required for that purpose and that the owner not be held responsible for all or any claims, demands and causes of action of whatsoever kind or
nature which may arise out of or as a result thereof. Any termination of this Contract shall be without prejudice to the rights of the owner accrued
prior to such termination.
10. The owner shall not be responsible to the hirer for any loss of damage suffered by or occasioned to the hirer or any third party either directly
or indirectly as a result of the owner removing any of the equipment in accordance with the terms of these conditions and the hirer shall indemnity
the owner against any claims or actions brought against the owner by any third party in respect of such loss or damage.
11. The hirer shall comply with the provisions of all laws and statutes (including all orders, regulation, rules and by —laws made thereunder)
affecting the hirer and/or use of the equipment. Should the owner suffer any penalty of loss in respect of any breach or non-observance thereof
he shall be entitled to recover form the hirer as a debt due and payable any amount expended by the owner in the respect thereof.
12. No indulgence or extension of time for the making of any payment or committing of any act granted by the owner to the hirer shall affect the
strict rights or obligations of the parties under this contract.
13. INDEMNITY
The hirer shall indemnify and keep indemnified and save harmless the owner and the owner’s servants and agents from all damages, suits,
actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the installation, removal,
use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the owner, its servants or agents
or otherwise.
14. EXCLUSION OF LIABILITY
The owner shall not be liable to the hirer of the hirer’s servants or agents for any damages, suits, actions, claims and demands of every
description whatsoever and howsoever arising either directly or indirectly from representations, warranties, terms and conditions express or
implied (except in so far as statutory conditions and warranties can not be excluded under Part V Division 2A of the Trade Practises Act (1974)
or relevant state legislation), installation, removal, use, maintenance, transport, operation of the goods or otherwise and whether resulting in the
negligence of the owner, its servant, agents or otherwise.
15. OPERATION OF CLAUSES A AND B
Clauses of 13 and 14 hereof to the extent they are inconsistent with other clauses terms or conditions of this agreement are to override such
clauses and be on paramount force.
16. In this Contract where the contents shall admit, the singular shall include the plural and the masculine, feminine and neuter genders. Where
there is more than one hirer the terms and conditions hereof shall bind them jointly severally. The terms “the hirer” and “the owner” shall include
there respective successors, heir, assigns and transfers and where there is more than one hirer or owner, the successors heirs, assigns and
transfers to each hirer and/or owner.