HIRE AGREEMENT

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.

  1. Definitions

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.

  1. 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

  1. Purchase Orders

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.

  1. 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.

  1. 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.

  1. 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.

  1. Insurance

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.

  1. Loss and Liability

8.1 The Hirer is responsible for all risks of or in connection with the operation of the Equipment, including third party injury or damage to persons or property and the Hirer undertakes to indemnify, release and hold harmless RWG against all actions, claims, demands and liability howsoever arising (whether direct or indirect and irrespective of jurisdiction) from such risks.

8.2 The Hirer’s responsibility to indemnify, release and hold RWG harmless shall be limited to the extent the Hirer is negligent and further to the extent RWG is held vicariously liable for the negligent acts or omissions of the Hirer.

8.3 To the fullest extent permitted by law all conditions, warranties and the like concerning the state, quality, description, or fitness for purpose of the Equipment are excluded.

8.4 The Hirer acknowledges it has made its own enquiries and has not been induced by any warranty or representation or the like, including in relation to the capacity or ability of any Equipment, unless noted and agreed in writing on the agreement.

8.5 RWG is not to be liable to the Hirer or any other party by reason of any delay or failure in performing RWG’s obligations due to any cause beyond RWG’s reasonable control including fire, flood, material adverse weather conditions, interruption of power supply, war, act of terrorism or civil disturbance, industrial action or trade dispute or blockade, legal or government restriction or embargo (“force majeure”).

8.6 Once the Hirer accepts and starts to use the Equipment it is deemed to have inspected the Equipment and found it to be in good condition and that the correct quantities have been delivered.

  1. Using and Operating the Equipment

9.1 It is the Hirer’s responsibility to:

(a) ensure that the Equipment operator is fully conversant with and has been properly trained in the use of the equipment, has all the appropriate permits and licenses and is aware of all safety requirements;

9.2 The Hirer must have all licenses, permits, authority clearances and registrations that are required in respect of the Equipment, or its use, including under the Motor Vehicle (Third Party Insurance) Act (QLD).

9.3 When requested, the Hirer must advise RWG where the Equipment is located, and allow RWG and arrange for RWG to have access to inspect the Equipment.

9.4 The Equipment must only be operated in accordance with existing laws and regulations, and generally accepted practices.

9.5 The Hirer must ensure that there is kept on the Equipment current operating manuals and current safety instructions for the Equipment.

9.6 The Hirer may only use the Equipment only for the purpose for which it is designed and suited and may not modify the Equipment.

9.7 The Hirer must not permit any repairs to be done to the Equipment save than by RWG, or with RWG’s prior written authority.

  1. Return of the Equipment

10.1 The Hirer is to return the Equipment with a full tank of fuel (where applicable) otherwise the Hirer will incur a service fee of 40 cents per litre on top of the browser price for fuel.

10.2 The Hirer will be charged for a discharged fire extinguisher at $200.00

10.3 The Hirer will be charged the replacement cost of any manuals or safety instructions that are damaged or not returned to RWG

  1. Termination

11.1 RWG may terminate this agreement or suspend its obligations, at the option of RWG, where:

(a) the Hirer dies or becomes bankrupt, or a petition of bankruptcy is lodged, or a winding up petition is lodged against it, or it enters into any composition for arrangements with creditors, or a receiver is appointed or a petition for administration is lodged, or execution is issued against the Hirer;

(b) the Hirer fails to pay any Hire Charge or other monies due in full on the due date or breaches any of the other terms and conditions of this agreement;

(c) there is an event of force majeure, being an event outside of the reasonable control of any party to this agreement;

(d) the Hirer does not have or is unable to obtain suitable and adequate insurance for the Equipment and personnel.

11.2 On termination, all monies due to RWG, including Hire Charges for the unexpired residue of the hire term, are immediately payable by the Hirer.

11.3 Termination will not limit any other right available to RWG.

11.4 Upon termination of this agreement or expiry of the hire term, RWG will be entitled to repossess the Equipment at the expense of the Hirer (unless the Hirer immediately returns the Equipment to RWG) and the Hirer authorities RWG to enter the premises where the Equipment is located and will arrange for RWG to be able to enter any third party’s premises for that purpose.

11.5 The Hirer may only cancel or terminate this agreement with the prior written consent of RWG, and if RWG provides such written consent then the Hirer agrees to pay RWG an amount or amounts equal to RWG’s loss of profit for the remaining term of hire and reimbursement of all costs, such amount/s to be advised by RWG to the Hirer.

  1. Guarantee

12.1 In consideration of RWG entering into this agreement with the Hirer at the request of the Guarantor the Guarantor hereby (and if more than one, jointly and severally) guarantees to RWG the due performance and observance by the Hirer of all the terms, covenants, agreements and stipulations contained or implied in this agreement on the part of the Hirer including the due payment of any Hire Charges and other monies payable under this agreement.

12.2 The Guarantor further agrees to indemnify and keep indemnified the Owner against any losses, costs, expenses and/or damages sustained or incurred by the Owner arising out of any breach of this agreement by the Hirer.

12.3 The guarantee and indemnity contained in the paragraphs above shall be irrevocable and continuing and shall not be revoked by notice or by any reason of the death, bankruptcy, liquidation or mental incapacity of the Guarantor, or any of them, or of the Hirer.

  1. General

13.1 All right, title and interest in the Equipment remains with RWG.

13.2 The Hirer must keep the Equipment free from any lien or encumbrance, and not pledge the Equipment as security.

13.3 This agreement is personal and the Hirer may not assign or subcontract its rights or obligations.

13.4 This agreement may only be varied if the variation is agreed in writing by RWG.

13.5 Where the Hirer consists of two or more parties their liability is joint and several.

13.6 If a provision of this agreement is deemed invalid, then, at the option of RWG, that provision may be severed from agreement and the agreement will otherwise continue unaffected.

13.7 Any notice under this agreement must be in writing and may be served on by pre-paid post, electronic mail or facsimile to the address, email address or facsimile number set out in this agreement or such other address as is notified by the Hirer in writing for the purpose.

13.8 When a general statement is made and then or in any other part of the contract particular cases are mentioned the general statement is not limited.

13.9 This agreement is governed by the laws of Queensland, and the parties to the agreement irrevocably submit to the jurisdiction of Queensland courts.


I accept the terms and conditions outlined above.

Equipment Number*


Description of Plant*


Registered*

YesNo

Permits*

YesNo

Hirer's Name*

Email*

Hirer’s Address* Street

Suburb:

State*     Post Code*  
Contact Number*