Interpretation of Words in this Contract:

 

 

Commencement– The date when the Customer takes possession of the Equipment.

Equipment – Means any kind of equipment, vehicles or tools including but not limited to the following kinds of goods or goods suitable for the following kinds of uses: cleaning; cooling and/or heating; safety equipment; trailers and horse floats, and includes tools and parts and accessories for any of the foregoing.

Customer – refers to the person, firm, organisation, partnership, corporation or other entity (including trust) hiring the Equipment from A2B Hire & Services as identified in the Credit Application or Hire Schedule

Hire Charge – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.

Hire Period – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if A2B Hire & Services agrees. A2B Hire & Services may issue and require the Customer to sign an amended Hire Schedule for any extension of the Hire Period.

Hire Schedule – Means a document which A2B Hire & Services may require the Customer to sign (or
accept in a way A2B Hire & Services requires) including particulars of the Equipment and the Hire Period and such other information as A2B Hire & Services may decide to require.

A2B Hire & Services – The company listed on the Hire Schedule.

Remote Area – Any location which is more the 50 kilometres from the A2B Hire & Services branch from where the Equipment is hired.

 

A2B Hire & Services Obligations A2B Hire & Services will:

Allow the Customer to take and use the Equipment for the Hire Period;

Provide the Equipment to the Customer clean and in good working order;

Collect the Equipment within 5 days of being requested to do so by the Customer and issuing to the Customer an invoice for pick up services.

 

Obligations of the Customer The Customer must:

Deliver the Equipment to A2B Hire & Services when it is due back;

Return the Equipment to A2B Hire & Services clean and in good repair;

Satisfy itself at Commencement that the Equipment is suitable for its purposes;

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 A2B Hire & Services or posted on the Equipment;

Indemnify A2B Hire & Services for all injury and/or damage to the extent caused or contributed to, by the Customer to persons
and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;

Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorized;

Ensure that all persons operating 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;

Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws
relating to the Equipment and its operation;

Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, and indemnify A2B Hire & Services
in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer;

Operate the Equipment with an adequate motor vehicle and/or power source;

Report and provide full details to A2B Hire & Services of any accident or damage to the Equipment within 2 business days of the accident or damage occurring.

 

The Customer must NOT:

Tamper with, damage or repair the Equipment;

Lose or part with possession of the Equipment;

Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;

Allow any person to drive a Motor Vehicle if the person:

(a) does not hold a suitable licence to drive that class of Motor Vehicle; or

(b) is affected by drugs and/or alcohol.

Exceed the recommended or legal load and capacity limits of the Equipment;

Use or carry any illegal, prohibited or dangerous substance in or on the Equipment.

Exceed the recommended or legal speed limit for the Equipment.

 

Payments by the Customer to A2B Hire & Services

On or before Commencement (or as otherwise specifically agreed with A2B Hire & Services), the Customer will pay the Hire Charge.

(a)       A late fee of between 30% of total hire fee and a standard day rate pursuant to the trailer or horse float hired if not
returned within half an hour after the agreed upon return time

Immediately on request by A2B Hire & Services, the Customer will pay:

(a)       the new list price of any Equipment which is for whatever reason not returned to A2B Hire & Services.

(NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the  Equipment)

(b)       all costs incurred in cleaning the Equipment;

(c)       the full cost of repairing any damage to the Equipment caused or contributed to
by the Customer, unless expressly agreed otherwise in this Contract;

(d)       stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties,
levies or charges payable in respect of this Contract or arising from the
Customer’s use of the Equipment;

(e)       all costs incurred by A2B Hire & Services in delivering and recovering
possession of the Equipment;

(f)        Interest for late payment of amounts owing by the customer, at the
pre-judgement interest rate set by the Local Court of NSW from time to time;

(h)       the cost of consumables provided by A2B Hire & Services and not returned by
the Customer;

(i)        any reasonable expenses and legal costs (including commission payable to a
commercial agent) incurred by A2B Hire & Services in enforcing this
Contract due to the Customers default;

(j)        all costs of repairing or replacing tyres, including road service; and

(k)       if any damage and/or theft waiver applies, the amount for which the Customer is
liable as set out in this Contract.

Without limiting the ability of A2B Hire & Services to recover all amounts
owing to it, the Customer authorises A2B Hire & Services to charge any
amounts owing by the Customer to any credit card or account details of which
are provided to A2B Hire & Services.

A2B Hire & Services may tokenise the Customers Credit Card or Account
details to facilitate credit card or online payments.

 

PPS Law

This clause applies to the extent that this Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation.

A2B Hire & Services may register its security interest. The Customer must do anything (such as obtaining consents and signing
documents) which A2B Hire & Services requires for the purposes of:

(a)       ensuring that A2B Hire & Services’ security interest is enforceable,
perfected and otherwise effective under the PPS Law;

(b)       enabling A2B Hire & Services to gain first priority (or any other priority
agreed to by A2B Hire & Services in writing) for its security interest; and

(c)       enabling A2B Hire & Services to exercise rights in connection with the
security interest.

The rights of A2B Hire & Services under this document are in addition to and not in substitution for A2B Hire & Services’ rights
under other law (including the PPS Law) and A2B Hire & Services may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it A2B Hire & Services security interest will attach to proceeds.

To the extent that Chapter 4 of PPSA applies to any 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 A2B Hire & Services to give a notice to the Customer);

section 96 (retention of accession);

section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral);

section 130 (notice of disposal to the extent it requires A2B Hire & Services to give a notice to the Customer);

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 35 (notice of retention);

section 142 (redemption of collateral);

and section 143 (re-instatement of security  agreement).

The following provisions of the PPS Law:

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) confer rights on A2B Hire & Services. Customer agrees that
in addition to those rights, A2B Hire & Services shall, if there is default by Customer, 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 Customer agrees that A2B Hire & Services may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.

The Customer 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.

A2B Hire & Services and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer 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 purpose of allowing to A2B Hire & Services the benefit of section
275 (6)(a) and A2B Hire & Services shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.

Customer must not dispose or purport to dispose of, or create or 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 A2B Hire & Services.

Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless A2B Hire & Services (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to A2B Hire & Services and must be expressed to be subject to the rights of A2B Hire & Services under this agreement. Customer may not vary a sub-hire without the prior written consent of A2B Hire & Services (which may be withheld in its absolute discretion).

Customer must ensure that A2B Hire & Services 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.

Customer 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 Customer to gain (subject always to the rights of A2B Hire &
Services) first priority (or any other priority agreed to by A2B Hire &
Services in writing) for the security interest; and

(c)       enabling A2B Hire & Services and the Customer to exercise their respective
rights in connection with the security interest.

 

THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY FOR THEFT in the following circumstances;

(a)       where the Customer has failed to keep the Equipment in a securely locked enclosed area, or in the case of a Motor Vehicle, has failed to properly secure or lock the Motor Vehicle; or

(b)       where the Customer has failed to submit to A2B Hire & Services a Police Report on the theft within 7 days of the theft allegedly occurring. In the
event of Theft Waiver applying, hire fees will be charged to the Customer until the Police Report is provided to A2B Hire & services.

Damage Waiver or Theft Waiver will NOT apply where A2B Hire & Services determines that any of the applicable circumstances in clauses 6.2(b)-(h) or a)-(b)respectively have occurred, unless the Customer is able to establish otherwise to the reasonable satisfaction of A2B Hire & Services.

 

Exclusion of Warranties and Liabilities.

 Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.

Where the Australian Consumer Law applies and the goods are not of a kind ordinarily acquired for personal domestic or household use or consumption, A2B Hire & Services liability in respect of any guarantee is limited to the replacement or repair of the goods, or the cost of having the goods repaired or replaced.

To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. A2B Hire & Services makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will
not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.

 

Remote Hire

Where the Equipment is at any time hired by the Customer to be located in the Remote Area, the following clauses will also apply, in addition to the obligations of the Customer under Clause 3 and elsewhere in these Hire Contract Conditions;

(a)       The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by A2B Hire & Services (‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometre rate travelled by A2B Hire & Services staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by A2B Hire & Services and its staff in connection with travel to and from the Remote Area;

(b)       Multiple items of Equipment hire by a Customer on the one site will only be charged for one call out fee;

(c)       The Customer is responsible at its cost for daily maintenance and care of all Multiple items of Equipment hire by a Customer on
the one site will only be fittings and lubrication of all grease points.

 

Breach of Hire Contract by Customer

If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:

 

A2B Hire & Services shall be entitled to:

(a)       terminate this Contract; and/or

(b)       sue for recovery of all monies owing by the Customer; and/or

(c)       repossess the Equipment (and is authorized to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.

The Customer indemnifies A2B Hire & Services in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.

 

Disputes

The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to A2B Hire & Services in writing within 30 days of the Hire contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.

If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due to A2B Hire & Services), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.

 

EQUIPMENT DATA

A2B Hire & Services’ Equipment may contain on-board devices (each a GPS Device) which enable the Equipment to be connected to the internet and to send commands to and receive certain information from the Equipment, including geolocation
data from a global positioning system and other data including but not limited to speed, battery voltage and ignition status of such Equipment.

By hiring any Equipment from A2B Hire & Services, the Customer expressly consents to A2B Hire & Services’ use of the GPS Device on such Equipment during the Hire Period and to A2B Hire & Services collecting, using and retaining information from the GPS Device in accordance with our Privacy Policy, and that A2B Hire & Services is the owner of that data subject to your rights as set out in our Privacy Policy.

 

PRIVACY

A2B Hire & Services will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the A2B Hire & Services Privacy Statement is available upon request or by visiting www.A2B Hire & Services.com.au/privacy-policy

 

Governing Law

This Hire Contract is a payment claim under the Building and Construction Industry Security of Payment Act 1999 NSW, the Building and Construction Industry Security of Payment Act 2002 VIC, the Building and Construction Industry Payments Act 2004 QLD, the Building and Construction Industry Security of Payment Act 2009 SA, the Construction Contracts Act 2004 WA, the Building and Construction Industry (Security of Payment) Act 2009 ACT, the Building and Construction Industry Security of Payment Act 2009 TAS, and/or the Construction Contracts (Security of Payments) Act 2009 NT.

Except where A2B Hire & Services in its discretion takes action against the Customer under any of the Building and Construction Industry legislation referred to in this clause, A2B Hire & Services and the Customer agree that this Contract is governed by the law of the state of New South Wales, and the parties submit to the jurisdiction of the courts of that State.