Get started for free

Standard Terms of Hire

1. Formation of agreement

1.1. Once the Lessor accepts a Booking Request on the Marketplace, the Booking Request will contain the terms and conditions of an agreement between the parties for the hire of the assets described in the Booking Request (Leased Equipment) and any Replacement Equipment.

1.2. Each Booking Request will be deemed to incorporate these Standard Terms for Hire and any additional rules stipulated by the Lessor in the Booking Request. To the extent there is any inconsistency or conflict between the provisions in the Booking Request and these Standard Terms for Hire, the provisions in the Booking Request will prevail.

2. Hire

2.1. The Lessor will lease the Lessor's Equipment to the Lessee and use reasonable endeavours to make the Lessor's Equipment available for use by the Lessee on the Hire Start Date for the Hire Period, free from Defects, in good condition, repair and working order, and in accordance with the requirements of the Booking Request, the Applicable Codes and Standards and all applicable laws.

2.2. The Lessee may only use the Lessor's Equipment for purposes which are consistent with the manufacturer’s design, instructions and intended use, including as may be expressly stated in the Booking Request, and (without limiting the foregoing requirement) may not on-hire the Lessor's Equipment (whether or not for reward) or otherwise part with possession of the Lessor's Equipment during the Hire Period. The Lessee must satisfy itself of the suitability of the Lessor's Equipment for the Lessee's purpose, and the Lessor provides no guarantee or warranty that the Lessor's Equipment is suitable for the Lessee's purpose.

2.3. The Lessee may not operate the Lessor’s Equipment for more than 8 hours per day, without prior written approval from the Lessor.

3. Lessor’s Obligation

Subject to the Lessee's compliance with these Standard Terms for Hire, the Lessor must:

3.1. allow the Lessee and its Personnel to exclusively use the Lessor's Equipment during the Hire Period; and

3.2. fulfil any requirements prescribed in the Booking Request in relation to the Lessor's Equipment, including delivery and return collection, where applicable.

4. Lessee’s Obligation

4.1. When operating, handling, transporting, maintaining or servicing the Lessor's Equipment at any time during the Hire Period, the Lessee must:

(a) operate the Lessor's Equipment safely and strictly in accordance with all laws, OEM specifications, guidelines and recommendations;

(b) ensure that Personnel operating the Lessor's Equipment:

(i) are suitably trained on the safe and proper use of the Lessor's Equipment;

(ii) qualified to use the Lessor's Equipment;

(iii) hold current and valid Approvals which may be required by law or prescribed in the Listing;

(iv) wear suitable clothing and personal protective equipment, including as may be required or recommended by the Lessor in the Listing or by the manufacturer of the Lessor's Equipment; and

(v) are not under the influence of drugs or alcohol;

(c) display all safety signs and instructions as may be required by law, and ensure that all signs and instructions are observed by Personnel (if applicable);

(d) fulfil any requirements prescribed in the Booking Request in relation to the Lessor's Equipment, including delivery and return collection, if applicable; and

(e) ensure that:

(i) any dangerous condition arising in relation to the Lessor's Equipment during the Hire Period, and any damage to the Lessor's Equipment during the Hire Period (other than Excused Damage and Fair Wear and Tear), is promptly reported to the Lessor and rectified by the Lessee as quickly as possible;

(ii) any accident involving the Lessor's Equipment is promptly reported to the Lessor; and

(iii) the Lessor's Equipment is returned clean, without any contamination, and otherwise in the same condition and good working order it was in when the Lessee took possession of it (excluding Fair Wear and Tear).

4.2. As between the Lessee and the Lessor, the Lessee is solely responsibility for any loss, theft or damage to the Lessor's Equipment during the Hire Period, except where any such loss, theft or damage arises directly and solely from the Lessor’s actions or omissions.

5. Lessor Delivery and Return Collection

5.1. Delivery arrangements and conditions are determined by the Lessor as prescribed in the Listing and confirmed by the Lessee's making of the Booking Request.

5.2. If a Listing prescribes that the Lessor is responsible for the delivery or return collection of the Lessor's Equipment:

(a) subject to the Lessee's compliance with clause 5.1 the Lessor will use its reasonable endeavours to:

(i) on the Hire Start Date and at (or as close to as reasonably possible) the time detailed in the Booking Request, deliver and unload the Lessor's Equipment to the Delivery Point, and assemble and install the Lessor's Equipment in accordance with any reasonable request by the Lessee in the Booking Request;

(ii) on or promptly following the Hire End Date within the business hours prescribed in the Booking Request, uninstall and disassemble the Lessor's Equipment at the Collection Point in accordance with any reasonable request by the Lessee in the Booking Request, and load and remove the Lessor's Equipment from the Collection Point; and

(iii) ensure all Personnel involved in the above activities are trained and competent in the operation of any machinery and/or equipment used in those activities; and

(b) the Lessee must do all things necessary to procure all access and (b) rights of entry to enable the Lessor to perform its obligations under clause 5.2(a).

6. Lessee Self Pickup and Self Return

6.1. If a Listing prescribes that the Lessee is responsible for collecting or returning the Lessor's Equipment:

(a) subject to the Lessor's compliance with clause 6.3 the Lessee will use its reasonable endeavours to:

(i) on the Hire Start Date and at (or as close to as reasonably possible) the time detailed in the Booking Request, safely collect, load and transport the Lessor's Equipment from the Delivery Point, in accordance with any request by the Lessor in the Booking Request;

(ii) on or promptly following the Hire End Date within the business hours prescribed in the Booking Request, safely transport and return the Lessor's Equipment to the Collection Point and safely unload the Lessor's Equipment at the Collection Point, in accordance with any request by the Lessor in the Booking Request; and

(iii) ensure all Personnel involved in the above activities are trained and competent in the operation of any machinery and/or equipment used in those activities; and

(b) the Lessor must do all things necessary to procure all access and rights of entry to enable the Lessee to perform its obligations under clause 6.1(a).

6.2. If the Lessor forms the view, acting reasonably, that the Lessee is unable to perform its obligations under clause 6.1(a) strictly in accordance with that clause, the Lessor's Personnel may give an oral or written direction to the Lessee's Personnel to cease any activity associated with the obligations under clause 6.1(a) until:

(a) the correct machinery and/or equipment; and

(b) suitably trained and competent Lessee Personnel,

are procured and used to perform the obligations under clause 6.1(a). The Lessee must comply with any such direction at its own cost and risk.

6.3. If the Lessee fails to strictly comply with the timing requirements under clause 6.1(a), the Lessor may give the Lessee a tax invoice requiring the Lessee to pay the Lessor:

(a) any late return charges prescribed in the Booking Request; or

(b) if no late return charges are prescribed in the Booking Request, a daily late return charge calculated by the Lessor acting reasonably by reference to the Hire Charges.

7. Condition Reports

7.1. No later than one Business Day before the Lessor takes possession of the Lessor's Equipment, the Lessor will complete and provide the Lessee with a report that documents the general condition of the Lessor's Equipment (including any attached tools, accessories or documentation, and the remaining life span of any major component of the Lessor's Equipment which may require renewal during the Hire Period) as they will be made available to the Lessee (Starting Condition Report). If the general condition of the Lessor's Equipment as it is made available to the Lessee differs from the description of the general condition in the Starting Condition Report, the Lessee may require the Lessor to correct the Starting Condition Report.

7.2. When the Lessor retakes possession of the Lessor's Equipment (the Closing Report Time), the Lessee will provide the Lessor with a report that documents the general condition of the Lessor's Equipment as at the Closing Report Time (Closing Condition Report). If the general condition of the Lessor's Equipment as at the Closing Report Time differs from the description of the general condition in the Closing Condition Report, the Lessor may require the Lessee to correct the Closing Condition Report.

7.3. If the Closing Condition Report (compared with the Starting Condition Report) reveals that the Lessor's Equipment has suffered damage during the Hire Period (excluding Excused Damage and Fair Wear and Tear), the Lessee will be responsible for that damage being made good. If that damage is not made good within two Business Days, the Lessor may give notice to the Lessee electing to make arrangements for the damage to be made good. The Lessee will be responsible for all direct and verifiable costs and expenses incurred by the Lessor in implementing those arrangements, which will be immediately payable on demand by the Lessor.

8. Excused Damage and Major Servicing

8.1. If the Lessee discovers any Excused Damage or that Major Servicing is required, it must promptly notify the Lessor and ensure that reasonable steps are taken to prevent damage (or further damage) to the Lessor's Equipment that may result from the Excused Damage or the requirement for Major Servicing.

8.2. Promptly after the Lessee gives notice under paragraph 8.1, the Lessor must procure the repair of the Excused Damage or the performance of the Major Servicing.

8.3. On and from the time when the Lessee gives notice under paragraph 8.1 until and including the date when the Excused Damage is repaired in full or the Major Servicing is performed in full and the affected Lessor's Equipment is available for use by the Lessee:

(a) no hire or other charges will be payable in connection with the affected Lessor's Equipment, and promptly following any reasonable request by the Lessee the Lessor must, using the Marketplace, refund charges already paid in respect of that period; and

(b) the Lessor will use reasonable endeavours to supply the Lessee with other Replacement Equipment in the Lessor's possession that is not (or will not be) otherwise in use, and for the period while the Lessor supplies the other Replacement Equipment the Hire Charges will be payable in respect of that Replacement Equipment.

h3 9. Minor Servicing and fittings

9.1. The Lessee must ensure that Minor Servicing is carried out at its expense.

9.2. A Lessee may only fit items to the Lessor's Equipment, which are required for the Lessee's site or operations specific requirements (including safety requirements) with the Lessor’s written consent. Such items must be removed, and any damage caused by the fitting or removal rectified, prior to the Hire End Date.

10. Hire Charges and other charges

10.1. The Hire Charges:

(a) are fixed and are not subject to adjustment for rise and fall in cost for any cause whatsoever;

(b) must be paid in full by the Lessee, using the Marketplace, immediately upon the Lessor accepting a Booking Request; and

(c) along with the Handling Related Charges (if payable under the Booking Request) and subject to clause 10.2, are deemed to compensate the Lessor for everything necessary to perform the hire, delivery and return collection of the Lessor's Equipment and otherwise to fulfil all its other obligations under the Booking Request and these Standard Terms for Hire (including the obligation to pay any applicable GST and other taxes).

10.2. The Lessee must pay the Lessor:

(a) if prescribed in a Listing or Booking Request, the cost of any consumables, fuel or trade materials supplied by the Lessor;

(b) if the Lessee does not strictly comply with clause 4.1(e)(iii), the Lessor's cost of procuring the cleaning, repair or decontamination of the Lessor's Equipment; and

(c) any reasonable costs incurred by the Lessor if it is unable to inspect or carry out maintenance on the Lessor's Equipment during normal working hours.

10.3. All payments, refunds or other transfers of monies in relation to the Booking Request, these Standard Terms for Hire, the Hire Charges or any security deposits must be made using the Marketplace.

11. Insurance

11.1. The Lessee must ensure that during the Hire Period, public liability insurance is maintained with respect to the Lessor's Equipment for no less than the amount described in the Booking Request (but if no such amount is described, then for no less than $20,000,000) and noting the Lessor as an insured.

11.2. If requested by the Lessor, the Lessee must promptly provide a certificate of currency as evidence that paragraph 11.1 has been and is being complied with.

11.3. If the Lessor makes an insurance claim under the insurance policy contemplated by paragraph 11.1, the Lessee must pay any insurance policy claim excess associated with the policy claim.

12. Warranties

12.1. The Lessee warrants that:

(a) it has all Approvals;

(b) it is not subject to any restrictions which may prevent it from entering into or performing the Booking Request;

(c) all its Personnel involved in the use of the Lessor's Equipment and the performance of the Booking Request are competent, highly skilled and experienced in the roles they perform, and have all Approvals;

(d) it has provided the Lessor with all material information relating to:

(e) any dangers associated with the Lessee's intended use of the Lessor's Equipment; and

(f) the conditions necessary to ensure that all persons who properly use the Lessor's Equipment during the Hire Period will not be exposed to hazards; and

(g) it is not a 'consumer' for the purposes of the Australian Consumer Law.

12.2. To the extent permitted by law, the Lessee agrees not to make, and waives any right it may have to make, any claim against the Lessor under:

(a) the Australian Securities and Investments Commission Act 2001 (Cth) in relation to a breach of section 12DA of that Act; and

(b) the Australian Consumer Law or the corresponding provision of any state or territory enactment.

13. Risk

13.1. Risk in the Leased Equipment passes to the Lessee once the Lessee takes possession of the Leased Equipment from the Collection Point or Delivery Point. Risk in the Leased Equipment reverts to the Lessor once the Lessor takes possession of the Leased Equipment at the Return Collection Point.

13.2. Risk in any Replacement Equipment passes to the Lessee once the Lessee receives notice that it can take possession of the Replacement Equipment at the location nominated by the Lessor (acting reasonably after having regard to any preferred location notified by the Lessee). Risk in any Replacement Equipment reverts to the Lessor once the Lessor takes possession of the Replacement Equipment at the location nominated by the Lessor (acting reasonably after having regard to any preferred location notified by the Lessee).

14. Access to sites

14.1. If the Lessee or any of its Personnel enters premises owned, occupied, used or controlled by the Lessor, the Lessee must ensure that all necessary measures are taken to ensure that such persons entering the premises protect people and property, avoid unnecessary interference with the passage of people and vehicles, prevent nuisance and unnecessary noise and disturbance, act in a safe and lawful manner, and comply with all relevant safety legislation and with the safety standards and policies applied by the Lessor. The Lessor will not be responsible for any damage done to the property of the Lessee or any of its Personnel or for any personal injury sustained by any of them occurring on the premises owned, occupied, used or controlled by the Lessor. The Lessee unconditionally and irrevocably releases the Lessor from that responsibility.

14.2. If the Booking Request is terminated, the Lessor may take all steps necessary to recover the Lessor's Equipment, including entering any location owned, occupied, used or controlled by the Lessee, and the Lessee consents to such entry. Provided the Lessor acts in good faith, the Lessor will not be responsible for any damage done to the property of the Lessee or any of its Personnel or for any personal injury sustained by any of them occurring on any premises owned, occupied, used or controlled by the Lessee which is entered by the Lessor for the purposes described in this paragraph. The Lessee unconditionally and irrevocably releases the Lessor from that responsibility.

15. Liability

15.1. The Lessee must immediately pay on demand to the Lessor all liability, claims, damage, loss, costs and expenses (including legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against the Lessor) incurred by the Lessor or its Personnel in connection with damage to property, personal injury or claims by third parties in respect of the Lessee's possession, control or use of the Lessor's Equipment or the Lessee's breach of the Booking Request. However, the Lessee's liability under the foregoing is diminished to the extent the Lessor's breach of the Booking Request or negligence contributed to the liability, claims, damage, loss, costs or expenses.

15.2. The total aggregate liability of the Lessor to the Lessee in connection with the Booking Request (including any condition or implied term), or any other obligation or any duty arising in connection with the Booking Request or the Lessor's Equipment (including in respect of any duty of care for the purpose of the tort of negligence, breach of bailment or liability under statute) or otherwise, is limited to an amount paid by the Lessee to the Lessor under the Booking Request.

15.3. Delay in or failure or performance by the Lessor of the Booking Request does not constitute a breach of the Booking Request if and to the extent that the delay or failure is caused by a circumstance beyond the reasonable direct or indirect control of the Lessor and without the fault or negligence of the Lessor, including accident, fire, explosion, epidemic, strike, lockout, labour conditions, civil disturbance, riot, act of war, terrorist incident, cyclone, flood, storm or earthquake.

16. Entire agreement

16.1. Each Booking Request contains the entire agreement between the parties with respect to the hire of the Lessor's Equipment. No prior or subsequent representation or agreement by any party (or their respective Personnel) will bind either of them in relation to the Booking Request, unless such representation or agreement is recorded in a physical written form that is signed by both parties. No terms or conditions contained on any invoice, delivery document, plant hire docket or the like provided by either party will have any effect in relation to the Booking Request, except to the extent the parties agree to amend the Booking Request to incorporate those terms or conditions, in the manner described above.

16.2. Nothing in these Standard Terms for Hire operates to exclude, restrict or modify any rights, entitlements, remedies and liabilities that may be implied by or imposed under any statute, the exclusion, restriction or contravention of which would contravene that statute or cause any of these Standard Terms for Hire to be void.

17. Termination for default

17.1. Either party may terminate the Booking Request with immediate effect if:

(a) the other party commits a material breach of any provision of the Booking Request and:

(i) the breach is not rectified within two Business Days of notification of the breach; or

(ii) the breach is not capable of remedy; or

(b) the other party ceases to carry on a business, is unable to pay its debts as they become due, is presented with a winding up petition or if any step is taken to appoint a receiver, receiver and manager, a trustee in bankruptcy, a provisional liquidator, a liquidator, or an administrator to its assets, operations or business.

17.2. Termination of the Booking Request does not affect any accrued rights or remedies of the parties.

18. GST

18.1. All Hire Charges, Handling Related Charges and other consideration referred to in the Booking Request are inclusive of GST.

18.2. The Lessee is not required to pay GST in connection with the Hire Charges, Handling Related Charges and other consideration until the Lessee has received a tax invoice from the Lessor in respect of the taxable supply.

18.3. If an adjustment event occurs, the Lessor must issue an adjustment note and a payment must be made as between the parties to reflect the adjusted amount of the GST on the taxable supply.

18.4. Italicised expressions used in this clause have the meaning given to them in the A New Tax System (Goods and Services Tax) Act 1999.

19. Notices

19.1. Notices, approvals, consents, demands, requests, directions and other communications between the parties relating to the Booking Request must be in writing in English and may be given by an agent of the sender.

19.2. In addition to any other lawful means, a communication may be given by being:

(a) personally delivered;

(b) left at the party’s current address for notices;

(c) sent to the party’s current address for notices by pre-paid post;

(d) sent by fax to the party’s current fax number for notices;

(e) sent by email to the party’s current email address for notices; or

(f) sent through the Marketplace's online messaging system.

19.3. A party may change its particulars for delivery of notices by notice to the other party.

19.4. Any process or other document relating to litigation, administrative or arbitral proceedings relating to the Booking Request may be served by any method contemplated by this paragraph 18 or in accordance with any applicable law.

19.5. If posted, a communication is given two Business Days after posting (or seven Business Days after the date of posting if posted to or from a place outside Australia).

19.6. Subject to paragraph 21.8, a communication is given if sent by fax, when the sender’s fax machine produces a report that the fax was sent in full to the addressee. That report is conclusive evidence that the addressee received the fax in full at the time indicated on that report.

19.7. Subject to paragraph 21.8, a communication is given if sent by email, when sent by the sender unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee.

19.8. If a communication is given:

(a) after 5.00 pm in the place of receipt; or

(b) on a day which is not a Business Day,

it is taken as having been given at 9.00 am on the next Business Day.

20. PPSA

20.1. Security interest acknowledgement

The Lessee acknowledges that:

(a) the Lessor, or if a third party has title in the applicable Lessor's Equipment, that third party (each a relevant secured party), has a security interest in the Lessor's Equipment and in any proceeds derived from such Lessor's Equipment;

(b) the relevant secured party, in its absolute and sole discretion, may register (itself or through an agent) on the register a financing statement or financing change statement in respect of any security interest contemplated by the Booking Request (with such expiry dates as the relevant secured party may determine acting reasonably having regard to the Lessee's rights and entitlements under the Booking Request); and

(c) the Lessee must provide the Lessor with any reasonable information, in writing, that the relevant secured party reasonably requires for the purposes of effecting such registration.

20.2. Seizure

Without affecting the application of any other provision, the Lessee will be in default of the Booking Request for the purposes of section 123(1) of the PPSA if any other secured party:

(a) seizes the applicable Lessor's Equipment (whether under PPSA, section 123 or otherwise) for the purposes of enforcement; or

(b) becomes entitled to seize the applicable Lessor's Equipment; or

(c) attempts to seize, or asserts a right to seize the applicable Lessor's Equipment.

20.3. Verification statements

For the purposes of section 157(3) of the PPSA, the Lessee hereby irrevocably and unconditionally waives its right to receive any notice from the relevant secured party in connection with the registration of a financing statement or a financing change statement in respect of the applicable Lessor's Equipment.

20.4. Further assurances

The Lessee must take any action that the Lessor reasonably requires to perfect or otherwise ensure the enforceability and priority of any security interest granted to it under the Booking Request, including, at the request of the Lessor:

(a) obtaining and giving any consent;

(b) producing and providing any information or receipt (including serial numbers) in respect of the applicable Lessor's Equipment;

(c) signing or procuring the signing of any document;

(d) facilitating registration of any security interest on the register;

(e) facilitating the giving of notice to any person, including any person who also has a security interest over the Lessee or the applicable Lessor's Equipment; and

(f) facilitating the exercise of any right in enforcing any security interest that the Lessor or any relevant third party may have.

20.5. Confidentiality

Each party agrees that:

(a) this paragraph 22 constitutes a confidentiality agreement for the purposes of section 275(6) of the PPSA;

(b) subject to paragraph 20.5(c), neither party will disclose information of the kind detailed in section 275(1) of the PPSA;

(c) the Lessee hereby authorises disclosure of such information by the Lessor pursuant to section 275(7)(c) of the PPSA; and

(d) nothing in this paragraph 20 is intended to prevent disclosure where such disclosure is otherwise required under section 275 of the PPSA because of the operation of section 275(7) of the PPSA.

20.6. General provisions

(a) The Lessee must not, without the Lessor's prior written consent, allow:

(i) the Lessor's Equipment to become mixed or commingled with any other property; or

(ii) the Lessor's Equipment to become an accession to any other property; or

(iii) any other property to become an accession to the Lessor's Equipment.

(b) The Lessee undertakes not to change any of its details recorded in a financing statement registered by the Lessor (including changing its ACN or any ABN allocated to a trust of which it is trustee or becoming the trustee of a trust) without giving the Lessor five Business Days' prior notice.

(c) To the extent permitted by law, the parties contract out of sections 125, 132(3)(d), 142, 143 and (if permitted by section 115(7)) Part 4.3 (other than sections 123(1), 126, 128, 129(1), 133, 134(1), 136(1) and 136(2)) of the PPSA.

21. Assignments

Neither party may assign its rights under the Booking Request, except to a Related Body Corporate, without the prior written consent of the other party (which must not be unreasonably withheld or delayed).

22. Governing law

The governing law of the Booking Request is the law of the State of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Western Australia, and all courts competent to hear appeals from those courts. A provision or part of a provision of the Booking Request that is illegal or unenforceable may be severed from the Booking Request or the remaining part of the provision, and the remaining provisions or parts of the provision of the Booking Request will continue in force.

23. Waivers

The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived by a party by notice to the other party.

24. Interpretation

In these Standard Terms for Hire, unless the context requires otherwise:

24.1. A reference to a paragraph is a reference to a paragraph of these Standard Terms for Hire.

24.2. A reference to any legislation includes a reference to any proclamation, order, amendments or modification made under that legislation.

24.3. Headings are for reference only and do not affect the interpretation of the Booking Request.

24.4. References to monetary amounts are to Australian currency.

24.5. The singular includes the plural and vice versa.

24.6. The words “include” or “including”, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.

24.7. In paragraph 23, words and expressions that are not defined in the Booking Request but which are defined in the PPSA, have the defined meanings in the PPSA.

24.8. Applicable Codes and Standards means the codes, standards, regulations and requirements referred to or implied in any law, produced by Standards Australia Limited, or described in the Booking Request, in respect of operation, repair and maintenance of the Lessor's Equipment.

24.9. Approvals mean all approvals, licences, permits, registrations and consents from any Authority which are necessary for the use of the Lessor's Equipment during the Hire Period.

24.10. Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

24.11. Authority means any governmental or semi-governmental or local government authority, administrative or judicial body or tribunal, department, commission, public authority, agency, minister, statutory corporation or instrumentality.

24.12. Business Day means a calendar day, ending at 5.00 pm (AWST), other than a Saturday, Sunday or public holiday in Western Australia.

24.13. Booking Request means a request by the Lessee to hire the Lessor's Equipment, submitted on the Marketplace.

24.14. Closing Condition Report is defined in paragraph 7.2.

24.15. Closing Report Time is defined in paragraph 7.2.

24.16. Collection Point means the place specified as such in the Booking Request, or as otherwise notified by the Lessor to the Lessee (acting reasonably after having regard to any preferred location notified by the Lessee).

24.17. Defect means any defect, fault, omission or other failure.

24.18. Delivery Point means the place specified as such in the Booking Request, or as otherwise notified by the Lessor to the Lessee (acting reasonably after having regard to any preferred location notified by the Lessee).

24.19. Excused Damage means:

(a) a Latent Defect;

(b) Fair Wear and Tear which causes the Lessor's Equipment to be incapable of safe or efficient use for its intended purpose;

(c) damage to the Lessor's Equipment caused by acts or omissions which are strictly in accordance with the Booking Request; and

(d) damage to the Lessor's Equipment which results from any of the matters described in sub-paragraphs (a) to (c) of this definition.

24.20. Fair Wear and Tear means the level of deterioration of the Lessor's Equipment over the Hire Period when used, operated and maintained by the Lessee in accordance with the Booking Request that may be reasonably expected. This shall include superficial scratching or scuffing, chipping to paintwork and wear to parts that would normally be expected to wear, but does not include dents or other impact damage, damage to glass or instruments, panel damage, structural damage or damage to drive systems.

24.21. Handling Related Charges means the reasonable costs and expenses the Lessor has incurred or will incur in connection with:

(a) the delivery, unloading, assembly, disassembly, loading or collection of Lessor's Equipment in accordance with the Booking Request; or

(b) making the Lessor's Equipment available for collection by the Lessee at the Delivery Point and the arrangements which enable the Lessee to return the Lessor's Equipment to the Collection Point.

24.22. Hire Charges means the rate (or rates) expressly stated in the Booking Request which are payable to the Lessor in respect of Lessor's Equipment which is hired in accordance with the Booking Request.

24.23. Hire End Date means the date on which the hire of the Lessor's Equipment will end as specified in the Booking Request, as otherwise notified by the Lessor (acting reasonably after having regard to any preferred date notified by the Lessee) to the Lessee at least one day before the relevant date, or upon the termination of the Booking Request in accordance with paragraph 17.

24.24. Hire Period means the period from the Hire Start Date to the Hire End Date.

24.25. Hire Start Date means the date on which the Lessor must start hiring the Lessor's Equipment to the Lessee, as specified in the Booking Request or as otherwise notified by the Lessor (acting reasonably after having regard to any preferred date notified by the Lessee) to the Lessee at least one day before the relevant date.

24.26. Lessee means the entity described as such in the Booking Request.

24.27. Latent Defect means any Defect in the Lessor's Equipment which existed when it was made available at the Delivery Point or other location nominated by the Lessor (as the case may be), but which was not identified at that time.

24.28. Leased Equipment is defined in paragraph 1.1.

24.29. Listing means a listing on the Marketplace relating to Leased Equipment that is available for hire using the Marketplace.

24.30. Major Servicing means:

(a) cleaning, refuelling, lubricating and other repairs, maintenance and componentry replacements of the Lessor's Equipment which are necessary to ensure that throughout the Hire Period the Lessor's Equipment remains free from Defects, safe, in good condition, repair and working order, and in accordance with the requirements of the Booking Request, the Applicable Codes and Standard and all applicable laws, but excluding Minor Servicing; and

(b) any modification to the Lessor's Equipment which is required to ensure compliance following a change in law or an OEM directive.

24.31. Marketplace means the online marketplace maintained by Idle Australia Pty Ltd ACN 612 169 089 (or its Related Bodies Corporate) on which the parties connected in relation to the potential hire of the Lessor's Equipment.

24.32. Minor Servicing means cleaning, refuelling, lubricating and other basic maintenance of the Lessor's Equipment in accordance with OEM specifications, guides and recommendations disclosed by the Lessor to the Lessee on or before the date of the Booking Request, but excluding such activities which are required solely because of Excused Damage.

24.33. OEM means the original equipment manufacturer of the whole or part of the Lessor's Equipment.

24.34. Lessor means the entity described as such in the Booking Request.

24.35. Lessor's Equipment means the Leased Equipment and / or (as the context requires) any Replacement Equipment.

24.36. parties means the Lessor and / or (as the context requires) the Lessee.

24.37. Personnel in relation to a party means that party's officers, employees, contractors, representatives, agents, successors or assigns.

24.38. PPSA means the Personal Property Securities Act 2009 (Cth).

24.39. Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).

24.40. Replacement Equipment means any asset that has the same functional, operational and performance specifications as the Leased Equipment.

24.41. Starting Condition Report is defined in paragraph 3.

Last updated on 11 December 2016
Browse Equipment