The Hirer agrees each hire is for a period of ONE DAY ONLY or such other period of hire as agreed.
The hire period starts from the date on which the machinery leaves HCH’s depot until the date the machinery is returned to the HCH depot (inclusive).
The hire rate is calculated as per 8 hour day (7.30am to 5pm) or half day from 7.30am to 12.00pm and then 12.30pm to 5.00pm, and unless prior arrangements have been made with HCH the Hirer shall pay a full days hire at the hire rate for late return of the machinery after the due time or date for each subsequent day or part day until the machinery is returned to HCH’s depot plus a late fee of $100.00 per day or part day (the Late Fee).
No allowance will be made for time that the equipment is not used during the hire period, unless prior arrangements have been made with HCH.
The Hirer shall keep the machinery under the Hirer’s control and employ it solely in the Hirer’s own work and will not permit any other party to use the machinery or permit the movement of the machinery from the property notified by the Hirer at the commencement of the hire period.
Insurance
HCH holds insurance for the machinery. The standard excess under HCH’s insurance policy is$1,000.00 and the Hirer agrees to pay the excess in the event of an insurance claim.
HCH agrees it will reduce the excess to $450.00 per hire by payment of the sum of $60.00 by the Hirer at the commencement of the hire contract.
If an insurance claim by HCH is declined, the cost of repair or replacement of the machinery will be charged in full to the Hirer and the Hirer agrees to pay this cost as a liquidated debt upon demand.
The Hirer acknowledges that HCH’s insurance company may seek to recover the cost of repair or replacement of machinery from the Hirer or the Hirer’s insurance company.
Material
The Hirer must satisfy himself that the machinery is suitable and sufficient for the work to be done as subsequent exchange of the machinery will result in additional hire charges.
At the time of hire, the machinery will be in good working order for the type and age of the machinery and for normal loading of the machinery, working at stated capacity and under ordinary operation and conditions.
HCH will not be responsible for delay, accident or damage of any kind, direct or indirect, which may arise through breakdown or defect in the machinery.
Operation
The Hirer agrees only trained and competent drivers or operators are to be given charge of the machinery while in the Hirer’s possession and at no time shall spreading be permitted with trailers unless authorised in writing by HCH. Tipping of trailers and trucks shall only be permitted on level ground. No truck may be idled for a period exceeding five minutes continuous.
The Hirer is responsible for all cleaning, lubrication and maintenance adjustments, and for any damage occurring due to overloading, abuse or misuse, mistakes or neglect in using or loading the machinery during the hire period.
The Hirer must check the oil and fuel every day to ensure it is sufficient before the machinery is turned on.
The Hirer must tell HCH immediately if the machinery is not working correctly or of any accident, damage or loss occurs to the machinery. Machinery must not continue to be operated if it is not working correctly.
The Hirer must not attempt to repair the machinery without the prior consent of HCH.
The Hirer shall comply with the Health and Safety at Work Act 2015 or any replacement legislation.
Hire Rate and Charges
The hire rates for all machinery exclude GST.
Charges for hire are strictly net cash unless otherwise previously arranged with HCH.
The Hirer agrees to pay HCH for any items additional to the machinery supplied to the Hirer at HCH’s standard hire rates.
The Hirer shall be responsible for all RUC charges, display of RUC labels or overloading fines in relation to the operation of the equipment. The Hirer shall be responsible for obtaining and displaying COF`s.
The Hirer shall pay carriage to and from HCH premises and is responsible for any damage to the machinery whilst in transit.
The Hirer shall provide all petrol, fuel, oil, lubricating oil, cleaning and other materials and labour required for the operation of the machinery and only fuel and lubricating oils approved by HCH shall be used during the hire period.
Damage, Loss and Repair
The Hirer agrees the Hirer is responsible for the costs of all loss, theft or damage to the machinery during the hire period.
The Hirer agrees to pay the cost of any repairs to or replacement of the machinery as a liquidated debt upon demand.
The Hirer shall continue to pay hire charges where reckless use, abuse or misuse of the machinery has occurred until the machinery is repaired and fully operational.
Property Rights/PPSR/Privacy
The machinery remains the sole property of HCH at all times.
The Hirer undertakes to keep the equipment in his own possession and control, and free from all legal processes and that no mortgage, deed, bill of sale, or any other legal instrument or private arrangement whatsoever shall be executed whereby any other person or firm other than HCH shall acquire any lien or rights whatsoever in connection with the equipment hired.
The Hirer must not remove, deface or obscure any marks of identification or ownership or registration of the machinery.
The Hirer grants to HCH a security interest in the machinery that HCH hires or supplies to the Hirer. Such security interest includes the machinery and proceeds of the machinery, including those relating to machinery which has become an attachment or accession to other goods.
The Hirer agrees to provide and update all necessary details required by HCH to register a financing statement in relation to the machinery and do all acts to facilitate the same.
The Hirer waives all rights to receive a copy of any verification statement relating to the financing statement.
The Hirer authorises HCH to:
Request any information from any secured party relating to any of the Hirer’s security interest.
Search the Personal Property Securities Register at any time for information relating to the Hirer the Hirer’s related entities.
The Hirer will be responsible for all reasonable costs relating to the discharge or amendment of a financing statement by HCH.
The Hirer consents to HCH collecting, storing and using information about the Hirer for the following purposes:
Undertaking any enquires with any credit agency in relation to the creditworthiness of the Hirer.
Enforcing HCH’s rights against the Hirer.
Where the Hirer is an individual the provisions of the Privacy Act 1993 apply, including the right of the Hirer to access their personal information held by HCH, and request a correction to any such information held.
End of Hire and Termination
HCH reserves the right to inspect the machinery at any time.
At the end of the hire period the Hirer shall deliver up the machinery complete with all accessories in a clean and good working order, fair wear and tear excepted.
HCH may terminate the hire of the machinery pursuant to these terms and without compensation:
At any time on two hours’ notice to the Hirer.
Without notice in the event that:
The Hirer breaches these terms.
The Hirer suffers an insolvency event.
HCH believes the machinery is at risk for any reason whatsoever.
On termination, HCH is immediately entitled to take possession of machinery and the Hirer irrevocably appoints HCH as its agent for this purpose and authorises HCH to enter onto any land or premises owned or under the control of the Hirer, upon which the machinery is situated, and agrees to indemnify HCH in respect of any claims, damages or expenses arising under this clause.
The Hirer agrees to pay all of HCH’s costs incurred in the recovery or replacement of the machinery or any outstanding money owed by the Hirer to HCH as a liquidated debt payable upon demand.
Indemnity & Liability
The Hirer agrees to indemnify and keep indemnified HCH from and against all costs, loss, damage or liability suffered (including legal fees and costs incurred on a solicitor/client basis) by HCH or any third party resulting from:
Any act, neglect or default by the Hirer, its employees or agents; or
A breach of these terms by the Hirer.
In the event that HCH is found to be liable under these terms to the extent of any law, HCH’s liability shall be limited to the hire fee and HCH and its directors and shareholders shall not be liable for any loss or damage of any kind however caused.
HCH accepts no liability whatsoever in respect of third party or similar risks or for personal injury or consequential damage of any kind.
Hirer Not An Individual
If the Hirer is not an individual, the person who signs these terms on behalf of the Hirer warrants that they have authority to bind the Hirer and agree, in any event, that they will be personally liable for and guarantee the obligations of the Hirer under these terms, including payment of all money and performance of all obligations under these terms.
