Credit Application means our formal Credit Application for the provision of
Our Equipment on rental hire on account.
Credit Approved means you have properly completed a Credit Application
that we have approved in writing.
Damage Waiver Amount means an additional 12.5% of the Hire Fee total
that you elect to pay, being the consideration for our agreement to limit your
liability for physical loss or damage to Our Equipment in certain
circumstances. It is agreed that this is not insurance.
Equipment means the buildings, machinery, plant and equipment listed in the
Rental Agreement including parts, tools or accessories.
Rental Agreement means these conditions of hire, the rental agreement
relating to the Equipment being hired and includes any Credit Application,
Guarantee & Indemnity, Hire Delivery Docket, special terms or other
documentation attached to the any of the documents just mentioned.
Vehicle means Equipment that is a truck, utility or trailer including accessories
but does not include Equipment like a scissor lift or bobcat.
We/Us/Our means EzyQuip Hire Pty Ltd ABN 39 129 600 308, the owner of
You/Your means the person/s, partnership, trustee of a trust, company or
entity (including agents, employees or contractors) hiring Our Equipment, as
listed in the Rental Agreement or Credit Application.
2 Hire of Our Equipment
2.1 The hire of the Equipment will commence from the start date specified in
the Rental Agreement and continue until the Equipment is back in Our
possession and control and fit for the purpose of hire again, and includes all
weekends and public holidays during that period (the Hire Period).
2.2 You are entitled to use the Equipment for the Hire Period.
2.3 Any extension of the Hire Period must be agreed to by us.
2.4 A minimum Hire Period may apply. If such a minimum period applies we
will notify you.
2.5 If the Equipment is hired on a wet-hire basis, the terms of the Rental
Agreement apply in their entirety except where damage or fines result from the
negligent operation of the operation. In such a case the costs of the damage
and fines will be proportioned according to responsibility for the damage/fines.
3 Payment for Your Hire
3.1 You agree to pay Us the hire rates and any Damage Waiver Amount
(where applicable) specified in the Rental Agreement for the Equipment for the
Hire Period plus any applicable GST, stamp duties, tolls, fines, penalties,
levies or freight and other charges relevant to the Rental Agreement and the
hire, including other charges set out in clause 4 below. (Collectively the Hire
3.2 Unless you are Credit Approved, the Hire Fees must be paid to Us prior to
the start of the Hire Period.
3.3 If you are Credit Approved You must pay Your accounts within 30 days
from the end of the month of the date of issue.
4 Other Charges
4.1 A cancellation fee may be charged by Us where the Equipment has been
reserved by booking and You cancel the booking without reasonable notice or
fail to take delivery of the Equipment.
4.2 We may charge you a fee of 2.5% of the Hire Fee for accepting payment
by credit card.
4.3 You are responsible for the payment of parking fines or any traffic
violations, including penalties for any vehicles hired to You where the
Equipment or any part thereof is a Vehicle and the parking fines, or traffic
violations or penalties are incurred on the Vehicle during the Hire Period and
even if the fines or penalties are received after the Hire Period.
4.4 In addition to the Hire Fees and other fees and expenses set out in the
Rental Agreement, You are responsible for any physical damage to the
Equipment (subject to clause 5.2), reasonable fees associated with any
necessary cleaning on return of the Equipment, consumables, fines arising out
of use of the Equipment, in addition to operation training requested by You.
4.5 If You do not pay the Hire Fees in full by the due date, We may:
(i) charge You, in addition to any other costs recoverable under this
agreement, interest calculated monthly on the total outstanding balance.
The interest rate used to calculate the interest payable is the 90 day Bank
Bill Swap Rate as at the first business day of the month in which payment
is due plus 5%; and
(ii) charge You 100% of all costs and expenses incurred by Us in
recovering any unpaid amounts under this Rental Agreement.
4.6 If you require us to deliver the Equipment at the start of the Rental Period
and/or collect the Equipment at the end of the Rental Period We will charge
you an additional mobilisation/demobilisation fee(s) as applicable, and as set
out in the Rental Agreement.
5 Damage Waiver Amount
5.1 If You elect not to pay the Damage Waiver Amount, You must insure the
Equipment and provide to Us before the Hire Period starts a certificate of
currency for an appropriate policy of insurance that covers physical loss or
damage and theft to the Equipment during the Hire Period for an amount not
less than the full new replacement value of the Equipment.
5.2 If You elect to pay the Damage Waiver Amount, We shall be responsible
for the physical loss or damage and theft of the Equipment during the Hire
Period save and except for any excess payable by Us to Our insurer on any
claim made for the Equipment by Us pursuant to Our policy of insurance,
and/or for any shortfall between the sum insured and the actual full new
replacement value of the Equipment. Where any such excess and/or shortfall
in the sum insured is payable by Us, We will deliver an account to you for the
excess and/or shortfall and You must make payment of that account within 7
5.3 Clause 5.2 in no way entitles you to, or implies the availability of,
compensation from us for any liability incurred by You in relation to the use of
5.4 Our responsibility under clause 5.2 will not continue if the loss or damage:
(i) has arisen as a result of Your breach of the Rental Agreement;
(ii) has been caused by Your negligence;
(iii) has been caused by theft, loss or damage by whatever cause to tools
and/or accessories supplied with the Equipment including but not limited
to; hoses, drills, bits, grease guns, electric leads, tyres and tubes;
(iv) has been caused by any misuse, abuse, wilful or malicious acts or
omissions, or reckless use (including overloading of the Equipment or
components thereof) of the Equipment by You;
(v) has arisen due to the lack of lubrication or non-adherence to other
normal maintenance requirements that could reasonably be expected of
You under the Rental Agreement;
(vi) has been caused by Your disregard for instructions given to You by
Us in respect of the proper use of the Equipment or in contradiction of the
Manufacturer’s Instructions (including intended purpose of use) if supplied
with the Equipment at the start of the Hire Period;
(vii) has arisen due to any unexplained disappearances of the Equipment;
(viii) has been caused by theft of the Equipment in circumstances where
site security is available including, but not limited to, locked yards,
buildings and sheds, and where proper security is not used by You to
secure the Equipment whilst it is left unattended;
(ix) has arisen out of Your use of the Equipment or Vehicle in, on, under
or over water without express written permission by Us;
(x) has arisen out of Your use of the Equipment or Vehicle in forestry
activities without express written permission by Us;
(xi) has arisen out of by Your use of the Equipment or Vehicle in
underground activities without express written permission by Us;
(xii) has arisen out of Your loading or off loading Equipment from maritime
vessels, transportation of Equipment on maritime vessels or the use of
the Equipment on any wharf or bridge or over any body of water; or
(xiii) if the Equipment is or includes a Vehicle, has arisen out of;
(a) driving the Vehicle under or into an object lower than the height of
(b) damage to tyres (including, punctures, cuts and abrasions), the
underbelly of the Vehicle when no other vehicle is involved,
windscreens or headlights (including chipping);
(c) damage caused while the Vehicle is being driven or towed upon a
road that is unsealed or not a public road;
(d) damage caused by total or partial immersion in water regardless
of cause; or
(e) damage to the interior of the vehicle including the need for
professional cleaning or deodorising.
5.5 Our responsibility under clause 5.2 will not apply in the event of an on-hire
agreement being entered into between you and a third party without our
express written permission.
6 Your Use, Operation and Maintenance of Our Equipment
6.1 You agree that the use of the Equipment carries with it dangers and risks
of injury and you agree to accept all dangers and risks.
6.2 The Equipment must not be used by anyone other than You without Our
express written permission.
6.3 You will ensure that all persons operating or erecting the Equipment are
instructed in its safe and proper use and where required that the operator shall
hold a valid Certificate of Competency and/or be fully licensed to use the