1. The hiring rate stated on this website is based upon the Plant being used for eight hours only on each day, including Saturdays, Sundays and statutory or gazetted Public Holidays.

2. If plant is used outside of the period shown under (1) above, the hiring rate shall be;

(a) For excess of eight hours per day, the hourly rate shall be 1/8 of the daily rate.

(b) For either a Saturday or Sunday or a Public Holiday, hire will be charged at the normal daily rate.

3. Hiring charges shall commence from the time the Plant is collected by the hirer from the Owner’s premises until returned to the said premises. In the event of the Hirer requesting the Owner to make delivery and collection, hire will commence from time the Plant leaves the Owner’s premises until the Hire Controller of the Owner is notified that the Plant is available for collection, provided that notification is given in sufficient time for the Plant to be picked up and returned to the Depot by 8 a.m. following the period of hire. In the event of insufficient notice being given the Hirer will be charged an additional 1/2 day’s hire. Notwithstanding the foregoing, it is expressly understood that the onus rests with the Hirer to ensure that Plant is returned to or collected by the Owner.

IF RETURN DELIVERY SERVICE IS REQUIRED IT IS THE HIRER’S RESPONSIBILITY TO CONTACT THE COMPANY’S HIRE CONTROLLER AND ADVISE THAT EQUIPMENT IS AVAILABLE FOR COLLECTION AND OBTAIN A “PICK-UP” NUMBER WHICH IS RECORDED AND SERVES AS A PROTECTION FOR THE HIRER AND VERIFIES THAT THE “PICK-UP” CALL HAS BEEN RECORDED.

4. Minimum hire shall be 4 hours and any Hirer failing to return the Plant to the Owner’s premises until after 7.30 a.m. on the morning of the day following the day of hire will be charged an additional 1/2 day if the Plant is returned by 12 noon, or an additional full day if the Plant is returned after 12 noon.

5. Providing the Hirer notifies the Hire Controller of the owner within 24 hours of a breakdown occurring hiring charges calculated on an hourly basis will not be payable during which time the Plant is unserviceable unless this condition is due to negligence or misuse on the part of or attributable to the Hirer.

6. (a) The Owner shall at his complete discretion make available to the Hirer at the Owner’s premises or if directed and duly authorised by a client with an established credit rating deliver the Plant to site location nominated by the Hirer.

(b) The Owner shall be responsible for all repairs and replacements required to the Plant due to fair wear and tear.

7. The Hirer shall –

(a) Supply the necessary operator and pay his wages.

(b) Use the Plant in a skilful and proper manner and shall, at his own expense, service, clean and maintain the Plant in good substantial repair and condition, reasonable wear and tear excepted, and shall supply all fuel, oil and grease necessary for operation, service and maintenance. (All flat tyres, or damage to tyres are the Hirer’s responsibility).

(c) Clean the Plant upon completion of the hire period or be charged at the rate of $10.00 per hour for the cleaning required.

(d) Accept full responsibility for the safe keeping of all tools, accessories and equipment supplied with the equipment and, except as specified hereinafter, shall indemnify the Owner for any loss suffered in this regard by reason of misuse, abuse, overloading, theft, vandalism, malicious damage or otherwise.

(e) The Hirer shall accept all responsibility for and will keep the Owner indemnified, except as provided hereinafter against all loss of or damage to the Plant from whatever cause the same may arise whilst the equipment is in the Hirer’s care and keeping (fair wear and tear excepted). The Hirer shall accept all responsibility for any injury or damage caused during the period of hire to any person or property and shall hold the Owner free from all liabilities in respect of all claims in connection therewith.

(f) Pay hire to the Owner at the rates shown on the hire contract subject to any other provisions nominated herein.

(g) Pay to the Owner all freight and other charges both in respect of the forward and return transportation of the Plant, except when the hire is terminated due to the unserviceability of the Plant, and the Plant item is returned to the Owner for this reason. The transport charges for the return of the Plant item under these circumstances will be borne by the Owner.

(h) Make payments for hiring charges and delivery or collection charges where applicable on strictly net cash 30 days basis unless otherwise stated.

8. The Owner may affix or cause to be affixed on the said Plant or any part thereof such plates or other marks indicating that the said Plant is the property of the owner as the Owner may think fit.

9. This Hire Contract may not be transferred to any other party, nor the Plant removed from the State, without the written consent of the Owner.

10. Notwithstanding the period of hire mentioned overleaf, this agreement may be determined by the Owner giving the Hirer two days’ notice. If the Hirer shall commit an act of bankruptcy or be made bankrupt or, being a company, have a winding up petition presented against it or be wound up or go into voluntary liquidation or commit any breach of this agreement, the Owner shall thereupon be entitled to determine the agreement without notice and/or to take possession of the Plant or equipment hired for which purpose the Hirer hereby irrevocably licenses the Owner and its agents to enter any land or premises of the Hirer or under his control. Upon determination as aforesaid or upon the Owner taking possession of the Plant or equipment, this agreement shall be at an end except that each party shall be liable for any breach thereof.

11. Subject to Condition 15 hereof, by signing the “Theft or Damage Waiver” box on the face of this Agreement, the Owner agrees, upon prompt submission of written Police Report, to waive its right to claim for loss or damage to the equipment caused by fire, storm, collision, accident, theft or burglary, providing adequate precautions have been taken to safeguard the equipment. Such waiving of rights is subject to payment by the Hirer of $1000.00 per machine or 5% of the list price of the machine (whichever is the greater) which the Hirer shall pay. The Hirer does so acknowledging the terms of Condition 15 hereof.

Expressly excluded from the above waiver are loss or damage as defined below –

(a) Damage due to misuse, abuse or overloading of the equipment.

(b) Mysterious disappearance or wrongful conversion of the equipment.

(c) Loss or damage in contravention of the conditions of this Agreement.

(d) Loss or damage from use in violation of any statutory laws and regulations.

(e) Loss of tools, accessories, grease guns, hoses and similar, electric cords, welding cable, pneumatic tool steels and other similar accessories.

(f) Damage caused to tyres and tubes by blowout, bruises, cuts or other causes inherent in the sue of the equipment is the Hirer’s responsibility.

(g) Loss or damage relating from lack of lubrication or other normal servicing of equipment.

(h) Loss or damage in use or while being carried over water.

(i) Loss or damage to motors or other electrical appliances or devices caused by overloading or artificial electrical current, including use of underrated extension leads on electrical powered tools and machines.

(j) Unauthorised use and hire as defined by Condition 15 hereof.

12. State Government Stamp Duty on hiring arrangements will be charged as an extra.

13. INDEMNITY
The person signing this document for an on behalf of the Hirer hereby covenants with the Owner that he or she has the authority of the Hirer to make this contract on the Hirer’s behalf and is empowered by the Hirer to bind the Hirer to this contract and hereby indemnifies the Owner against all losses and costs incurred by the Owner arising out of the person so signing this contract failing to have such power and /or authority.

14. Dargils HandyHire reserve the right to revise the Schedule of Hire Rate Charges without notice.

15. The Hirer warrants that he is over the age of twenty-one years, holds a current motor vehicle driver’s licence for the type of vehicle hired and that he will not permit anyone under the age of twenty-one years to drive the hired Plant under any circumstances and further that he shall indemnify the Owner against loss or damage to the hired Plant howsoever caused by the use thereof of any person under the age of twenty-one years.

16. PERIOD OF HIRE. We charge for time out, not time used. Hire period commences from time equipment leaves our branch until it is returned to our branch.

17. Equipment not returned by 7.30 a.m. will be charged as an extra half day. Equipment not returned by noon will be charged for an extra day.

18. DELIVERY SERVICE. All Hire rates are ex our branch. Delivery and pick-up charges are extra and will be quoted upon request.

19. Hire rates do not include detergents, abrasives, cutting wheels, grinding wheels, cartridges, and pine, nails or staples etc. these items may be purchased in the Store.

20. The Customer will be responsible for ensuring that the installation and use of any equipment is in accordance with any authorities that may be concerned.

21. No warranty, condition, description or representation either express or implied is given by the Company as to the suitability of fitness of the equipment for any purpose.

22. The hirer warrants that particulars overleaf are correct and acknowledges that the owner relies on the truth of these representations. Subject to Clause 15 the hirer is entitled to use and hold the vehicle for the rental period and any authorised extension thereof and at the end of which period the Hirer agrees to return the vehicle as specified overleaf during the hours the Owner is open for business.

23. The Hirer authorises the Owner to complete any documentation for the purposes of the Hirer making payment through a credit card system or other credit accommodation extended to the Hirer and accepted by the owner.

24. The Hirer agrees:

That no person other than the Hirer is authorised to drive the vehicle without the written consent of the Owner provided that if the Hirer is a company or government department the Hirer’s agent may drive the vehicle on the basis that that agent complies with the warranties listed in Clause 15 and the obligations of the Hirer under this Agreement. The Hirer shall be liable to the Owner for any breach or failure to comply with those warranties or obligations by the agent whether such breach is within the scope of the agent’s authority or employment or not.

25. The Owner may at any time for any reason retake possession of the vehicle. If the Hirer has not breached this Agreement, the Owner shall at the time of repossession provide the Hirer with a replacement vehicle similar to the vehicle repossessed.

26. The Hirer acknowledges his interest in the vehicle is as a bailee of the Owner only and he agrees not to part with possession or dispose of or encounter or assign any right or interest in the vehicle and not to create any lien on the vehicle for repairs.

27. Where the Hirer is more than one person liability shall be joint and several.

28. Waiver by the Owner of any breach of this Agreement shall not constitute a waiver of any subsequent or continuing breach.

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