The Agreement to Hire Equipment From Red White Group – Hire Details together with these Terms & Conditions of Hire apply to the agreement between you the Hirer (and/or the Guarantor) and Red White Group for the hire of Equipment.
These Terms & Conditions of Hire may change from time to time and you must review them every time you hire Equipment from Red White Group, or extend or renew your hire of Equipment with Red White Group.
In these Terms and Conditions:
“RWG” refers to Red White Group, ABN 71 080 363 408 and its substitutes, successors and assigns;
“Hirer” means legal entity or entities accepting RWG’s quotation for the supply of Equipment and/or services or whose order for Equipment and/or services is accepted by RWG;
“Equipment” shall mean all and each item of plant and/or equipment to be supplied by RWG under these terms & conditions of hire and, all additions, alternations and replacement to that plant and/or equipment;
“Hire Charge” means RWG’s charges for the provision of Equipment and/or services to the Hirer;
“Contract” means the contract formed by the Hirer accepting a quotation or RWG accepting an order or by delivery and receipt of Equipment. These terms & conditions apply to a contract however formed.
Charges and payment
2.1 Charges are based on 10 hours a day and 7 days a week unless negotiated otherwise and agreed by RWG in writing.
2.2 Unless negotiated otherwise and agreed by RWG in writing, stand-down (off-hire) of any or all of the Equipment during the period of hire will only take place in the event, for the period of, and to the extent that, inclement weather or mechanical failure of the Equipment (in the course of ordinary and reasonable use) prevents effective use of the Equipment. The Hirer must contact RWG as soon as the Hirer wishes to invoke a period of Equipment stand-down (off-hire) and receive approval from RWG before the stand-down (off-hire) becomes effective.
2.3 RWG may require a deposit and the Hirer irrevocably consents to RWG drawing upon this deposit for any outstanding Hire Charge or additional cost or fee.
2.4 The Hirer is liable to pay all goods and services tax in addition to the Hire Charge as well as any duty or tax imposed by a government or authority in respect of the hiring including any rental duty.
2.5 Hire Charges continue until the Equipment is returned to RWG in the condition required by this agreement.
2.6 The Hire Charge is due within 21 days of invoice unless terms are stated differently.
2.7 Any costs involved in debt collection, including any legal and court costs, are payable by the Hirer.
2.8 Payment on time is of the essence of this agreement.
2.9 If the Hirer has been given a discount, which has been recorded on the Agreement for Hire of Equipment or the Hirer should otherwise have been reasonably aware of, and the Hirer fails to pay on time, RWG is entitled to cancel the discount.
2.10 The Hirer will issue interim invoices and/or an invoice at or after completion of hireage.
2.11 Any invoice not paid within 30 days will incur interest at the rate of 9% per annum
If the Hirer requires Purchase Order Numbers to be recorded on RWG invoices, the Purchase Order Number must be provided by the Hirer to RWG at the time the hire is made.
Protection of Equipment
4.1 The Hirer is responsible for the security of the Equipment at all times until it is returned to, and accepted by, RWG.
4.2 The Hirer will be charged, and the Hirer agrees to pay, for any accident or damage to the Equipment caused by vandals, neglect, misuse, abuse and weather act.
4.3 The hirer will take all reasonable steps to safeguard the Equipment from theft, loss or damage and give RWG notice of any unusual risks.
Repairs and Maintenance of Equipment
The Hirer is responsible in respect to all Equipment for:
(a) At least once per day before it is first used and when indicated during the day:
(I) Maintenance, servicing, greasing and air filter cleaning;
(II) Checking lubricant, filters and levels of and for leaks of fuel, water, engine oil, brake fluid and clutch fluid;
(III) Checking for loose bolts;
(IV) Checking ground engaging tools including blades and buckets;
(V) Checking tyres including tyre pressure;
(VI) Safety checks; and
(VII) Attending to all items mentioned on the pre-start checks and/or daily maintenance forms.
(b) Returning all Equipment to RWG in the condition it was at the time it was collected, fair wear and tear expected;
(c) Immediately reporting to RWG all faults, defects and/or damage to Equipment and problems and that may reasonably arise in relation to the Equipment.
(d) All damage to or loss of the Equipment, in whole or in part, including and not limited to tyre damage;
(e) Calling to the attention of RWG’s workshop manager (Ph: (07) 5564 9226 all pre-start checks and daily maintenance forms at the completion of each working week, if the hire of Equipment extends beyond one week; and
(f) Servicing and minor repairs of the Equipment as follows:
(I) If the Hirer has the Equipment located more than 100 kilometres from the premises of RWG Depot (in Molendinar, QLD) then the Hirer is responsible for conducting all minor repairs and major servicing (e.g. 250, 500, 750, 1000 hour services etc) of the Equipment;
(II) RWG may charge the Hirer for all reasonable costs where Equipment repairs are determined to be minor (i.e. $500.00 or less), including and not limited to, a call-out fee, labour charges and travel time.
Cleaning of Equipment
6.1 The Hirer is responsible for ensuring the Equipment is returned to RWG fully cleaned and detailed inside and out.
6.2 Failure to return Equipment fully cleaned and detailed will result in a charge to the Hirer of $95.00 per hour.
7.1 The Hirer must ensure that all Equipment is covered by insurance at full replacement cost (for new Equipment) with industry approved insurers and on terms and amounts and subject to conditions approved by RWG before the commencement of the hiring contemplated by the contract;
7.2 The Hirer must maintain all other insurances appropriate to its circumstances or required under law, including where appropriate public liability insurance and worker’s compensation insurance, and will maintain such insurances throughout the period of the hiring.
7.3 The Hirer must immediately give RWG copies of all relevant insurance policies upon request, and details in writing of any claim without delay.
7.4 If the Hirer fails to take out any insurance RWG may do so and the Hirer will immediately pay the cost.