Hire Terms & Conditions
Countryside Contracting Equipment Hire
Hire Agreement.
By hiring from us you accept our terms and hire agreement.
HIRE CONTRACT TERMS AND CONDITIONS
PERIOD:
⦁ The hire period is from time of drop off or time discussed prior.
(A) Hirer's Own Transport:
the date on which the equipment leaves the Company’s address, until it arrives there again inclusive. Hireage will be charged from time taken to time returned to Countryside Contracting Equipment Hire's yard, unless a prior arrangement has been made with the management.
(B) Transport Included Rate:
the date & time on which the equipment is dropped off at the hirer’s address, until the date & time agreed it is to be collected again. Hireage will be charged from this time agreed, unless the hour meter shows an excess of the agreed time.
⦁ The hire rate is calculated as a 4-hour half day (8am-12.00pm) or a 8 hour day (8am-4pm).
The company will allow a grace period of 30 minutes, without charge on any calendar day for the return of equipment after which time the hirer will be charged another half day’s hire at the Company’s current rate.
⦁ NO allowance whatever can be made for the time during which the machine is not in use, for any reason, unless special arrangements are made before hand and confirmed in writing.
⦁ Sub-letting of the hired equipment is not allowed under any circumstances.
MATERIALS:
⦁ The equipment hired is agreed to be as stated herein.
⦁ The hirer must satisfy himself that the equipment is safe, suitable and sufficient of the work to be done.
⦁ The equipment hired by the Company is understood to be in good order for normal foot load working at the stated capacity under any ordinary conditions.
⦁ The Company will not be responsible for any delays, accidents or damages of any kind, direct or indirect, which arise through defect or breakdowns of material hired.
⦁ All items of equipment supplied at the Hirer’s request additionally to those enumerated will be charged for at the Company’s standard hire rates.
⦁ The cost of reconditioning items blunted by use or otherwise rendered unfit for further service, without repairs, by the Hirer, such as concrete breaker steels, and the like, will be charged by the Company.
⦁ Diesel is to be filled before handing back to or being collected by Countryside Contracting's base, or will be charged at a rate of $2.05 per litre of fuel.
OPERATION:
⦁ Competent drivers or operators must be given charge of plant or tools while in the hirer’s possession and the hirer must be responsible for all cleaning, lubrication and maintenance of adjustment, and for any damage due to overloading mistakes, or neglect in handling, etc, during the hire period.
⦁ The hirer must keep the plant in proper working order at his own expense, and pay all costs for replacement or repair required due to fire, theft, accident, and loss or otherwise during the hire period.
⦁ The hirer must ensure the driver, or operator is competent in the use of the plant hired.
⦁ I further acknowledge that by signing this hire agreement the hirer has confirmed that the hirer and/or its employees have or have obtained from Countryside Contracting Equipment Hire sufficient knowledge to safely operate the equipment hired.
⦁ If the plant machinery is hired for more than one consecutive day the hirer must keep the plant machinery in good working order by greasing grease points each day, (a grease gun will be issued as part of the hire to be returned with the machine after the hire term finishes).
TRANSPORT:
⦁ Additional charges will be added if the hirer wants the plant delivered to an address, charges are from $50.
⦁ A trailer is included to transport the plant if the hirer has a sufficient vehicle to tow the plant and attachments safely. The customer must not exceed 90kph whilst towing the trailer.
⦁ The hirer shall pay carriage to and from the Company’s premises and is responsible for damages in transit.
⦁ Delivery and collection by the Company shall be to and from footpath, unless previously arranged.
FUEL, OIL, ETC:
To be checked every day before starting up. The hirer shall provide all fuel, oil, lubricating oil, cleaning and other materials and labour required for the operations of the whole equipment, and only fuel and lubrication oils approved by the Company shall be used for the same during the hire period.
BREAKDOWNS:
The hirer must notify the company immediately of any mechanical breakdown and the date of receipt of such notifications shall be dated from which the hire charges shall be suspended.
Breakdowns because of hydraulic hose damage due to accidental use is charged directly to the customer, if not paid Countryside Contracting Equipment Hire will pass the details on to the insurance company to follow up.
DAMAGE:
Any damage caused to our equipment is charged to the customer.
PROPERTY RIGHTS:
The hirer undertakes to keep the equipment in his own possession and control, and free from all legal processes, and that no mortgage, bills of sale, or any legal instrument or private agreement whatever shall be executed whereby any other person or form other than Countryside Contracting Equipment Hire shall acquire any lien or right whatsoever in connections with the equipment hired.
BOND:
A bond of 150% of the total hire will be taken as a security deposit and returned after the return of the equipment in good order and condition, the actual total charges will be calculated and the Hirer will either pay the balance outstanding or be refunded with the difference between the bond paid by the Hirer and the actual total charges.
TERMS:
⦁ All accounts are due for payment before the plant is hired unless special arrangements are made before hand and confirmed in writing.
⦁ Accounts unpaid 10 days after due date may incur a 2% late payment fee.
⦁ Accounts unpaid 45 days from the due date may have credit facilities withdrawn and Countryside Contracting Equipment Hire reserve the right to recall machinery on hire.
⦁ Accounts unpaid after 60 days from due date may have credit facilities withdrawn, machinery on hire will be recalled, and necessary steps taken to recover the debt, without prejudice to their rights to recover all amounts due for hire, reconditioning of equipment, if any, and the costs for transport to their store.
⦁ Accounts will be subjected to a credit limit.
⦁ If any account is in dispute the undisputed portion of the account shall be payable in accordance with normal terms of trade.
Payment of the disputed portion may be withheld providing full details
⦁ Third party costs: The hirer shall pay or reimburse Countryside Contracting Equipment Hire all costs and/or expenses incurred in instructing a solicitor and/or debt collection agency to recover any amounts over due for payment and such costs and expenses shall bear interest plus GST.
INSURANCE:
The hirer is responsible for all insurance claims, along with the down time incurred while the machine is under repair including any and all excess if applicable - Standard excess $2,500
Security of all hired items including the trailer are the responsibility of the hirer.
Despite anything else contained in these terms and conditions, and regardless of whether the Operator has Insurance Cover, the Hirer will be liable for all damage, loss and costs under its Policy (including reasonable indirect costs associated with claiming)
The hirer is responsible to their own public liability cover if required. Insurance of the equipment hired is included in the hireage fee. This does not include panel and glass damage. The hirer is responsible for the $2,500 excess on insurance claims, along with the down time incurred while the machine is under repair, this will be calculated until such time as the machine is fully operational.
Security of all hired items including the trailer are the responsibility of the hirer.
CONDITIONS:
⦁ All traffic infringement notices (ie traffic tickets) that are incurred by company, representative or operator while on hire, by the hirer's fault, are to be paid for by the hirer.
⦁ The Company reserves the right to inspect the plant at any time, and to terminate the hire forthwith if the plant is not being used and, maintained as provided above, or if the agreed conditions and terms of payment are not strictly complied with by the hirer.
⦁ The company undertakes no liabilities whatever in respect of third party or similar risks or for personal injury, or for consequential damage of any kind.
⦁ The hirer shall keep the equipment under his own control, use appropriate safety measures (such as safety belts where provided), and employ it solely in his work and will not permit it or any part therefore to be used by any other party for any other work.
⦁ On termination of the hire the Hirer shall deliver up the equipment, complete with accessories, clean and in good order as delivered. FAIR WEAR AND TEAR EXPECTED, to the company.
⦁ Unless agreed in writing to the contrary, the acceptance by the Hirer of any goods on hire from the Company shall constitute an acceptance of the above term and conditions, and the charges on the accompanying hire agreement form, or acknowledge of order.
⦁ In respect of the H&S Act 1992 Section 16 and any legislation replacing this act – The hirer having control of the equipment is deemed to be the person who controls a place of work for the purpose of this act, and as such must take all practical steps to ensure that people on or near the equipment are not harmed (refer section16).
Countryside Contracting Equipment Hire is a trading as name for
Countryside Contracting Limited