1.1 Our minimum charge is one day. 

1.2 The hiring of the equipment will commence from the commencement date specified in the Agreement and continue for the term specified in the Agreement.

1.3 The Hirer is entitled to use the equipment for the hire period. Any extension of the hire period must be agreed to by the owner.

1.4 The Hirer agrees to return the equipment to the address of the owner on/or before the end of the hire period as outlined in the Agreement and that failure to do so can be criminal theft and may be immediately reported to the police.

2. Payment for Rental

2.1 The Hirer agrees to pay the owner the hire fee and damage waiver fee (if applicable) specified in the Agreement for the equipment for the hire period including GST, tolls, fines, penalties, levies or freight and other charges relevant to this agreement and the hire.

2.2 The required fees must be paid to the owner prior to or on the commencement date of the hire period. Equipment not returned on time and in accordance with the Agreement will be subject to a continuance of the agreed rental until return is complete.

2.3 The owner may agree to make equipment delivery and collection arrangements to and from the Hirer’s site but will not be liable to the Hirer for a late delivery, non-delivery or any associated loss or damage due to a late delivery, non-delivery or any associated loss or damage due to a late or non-delivery.

3. Damage Waiver

3.1 Damage waiver is not available on any type of scaffold or registered equipment, including trailers and larger items of hire equipment at the discretion of the owner.

3.2 If a damage waiver fee has been included in the Agreement, the owner shall waive the cost or repairs or replacement of the Hire Equipment only in respect of accidental damage on payment by the Hirer of $550 inclusive of GST or 10 percent of the repair or replacement costs — whichever is the greater.

3.3 Damage Waiver is not available on all hire equipment.

3.4 This clause in no way entitles the Hirer to, or implies the availability of, compensation from the owner for any liability incurred by the Hirer in relation to the use of the hired equipment.

3.5 This clause will not apply to loss or damage which relates to or arises from:

(i) breach of any statutory laws or regulations in connection with the use of the equipment by the Hirer;

(ii) misuse, abuse, willful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment;

(iii) theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment including but not limited to hoses, drills, bits, electric leads, tyres and tubes;

(iv) lack of lubrication or non-adherence to other normal maintenance requirements that could reasonably be expected of the Hirer under the agreement;

(v) disregard for instructions given to the Hirer by the owner in respect of the proper use of the equipment or in contradiction of the Manufacturer’s Instructions;

(vi) unexplained disappearance of the equipment;

(vii) Damage Waiver is never available for damage or loss due to water damage or loss due to use outside that which is permitted by the owner’s manual.

4. Use Operation and Maintenance

4.1 The Customer agrees to satisfy themselves that the Hire Equipment is suitable for the purpose for which it is hired and has been received clean and in good working order.

4.2 The Customer agrees that the use of the Hire Equipment carries with it dangers and risks of injury and the Customer agrees to accept all such dangers and risks.

4.3 The equipment shall not be used by anyone other than the Hirer without the express permission of the owner.

4.4 The Customer warrants that the vehicle used for collecting the hire equipment is suitable for towing the equipment if required.

4.5 The Hirer will ensure that all persons operating or erecting the equipment are instructed in its safe and proper use and where required hold valid proof of training or are fully licenced to use it.

4.6 The Hirer agrees to operate, maintain, store and transport the equipment in a proper manner and where required strictly in accordance with any instruction provided by the owner and with due care and diligence.

4.7 The Hirer agrees that the equipment will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment in regard to its operation, maintenance and storage.

4.8 The Hirer agrees to comply with all occupational and health and safety laws and regulations relating to the use of the equipment.

4.9 The Hirer shall ensure the equipment is returned to the owner clean of all foreign matter or agree to a reasonable cleaning fee being charged. They also agree they will not tamper with, repair or modify the equipment in any way, or permit another to do so.

4.10 The reasonable costs of fuel or other consumables provided by the owner and used by the Hirer are to be paid to the owner at the completion date.

5. Loss, Damage or Breakdown of Plant and Equipment

5.1 Subject only to the obligations of the owner following payment of a damage waiver fee (if applicable) by the Hirer, the Hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred, except for fair wear and tear, during the hire period.

5.2 The Hirer is liable for the payment of the new list price of any equipment not returned to the owner.

5.3 If there is a breakdown, failure or theft of the equipment, the hirer shall notify the owner immediately for the appropriate action to be taken.

6. Liability and Indemnity

6.1 The Customer assumes all risks and liabilities in relation to the Hire Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair, storage or transport of the equipment.

6.2 To the full extent permitted by law, the Customer releases and indemnifies G P Hire (Vic) Pty Ltd from and in respect of all claims and demands for any direct, indirect, incidental or consequential loss, injury or damage to persons or property howsoever caused arising out of or consequent on the use or misuse of the Hire Equipment.

6.3 Without limiting clause 6.2 of this agreement, the hirer agrees that to the full extent permitted by law, no warranties are given by the owner in respect of the equipment. Any liability of the owner pursuant to any warranty which cannot be excluded by law will not exceed either the cost of repairing the equipment or the cost of resupplying the equipment — at the discretion of the owner.

7. Title to Equipment

7.1 The Customer acknowledges that G P Hire (Vic) Pty Ltd retains title to the hire equipment and that the Customer has rights to use the hire equipment as a mere Bailee only.

7.2 The Customer agrees not to sell, assign, let, sub-let, lend, pledge, mortgage, hire or otherwise encumber, part with possession or otherwise not to conceal or alter the goods or make any addition or alteration to the equipment.

8. Completion of Hire Period

8.1 The hire period if completed when the equipment has been returned to the owner in the same condition as when it was hired

(i) on or by the date and time outlined in the Agreement;

(ii) will be deemed completed on the date agreed for pick up by the owner;

8.2 The Customer agreed to maintain the responsibility for the equipment whilst it is awaiting pick up.

9. Governing Law

9.1 This agreement is governed by the laws of Victoria and each party submits to the exclusive jurisdiction of the Court of that State.