Terms & Conditions
1. DEFINITIONS
a) SimpleHire – Simple Hire ABN 54 794 790 612;
b) Customer – (unless agreed otherwise by SimpleHire) the person or entity who signs this Agreement including its servants or agents;
c) Agreement – This hire agreement;
d) Equipment – Plant or equipment hired by the customer;
e) Hire Charges – Agreed charges for the Hire Period in accordance with Clause 3
f) Bond – refundable security deposit taken at the time of booking
g) Hire Period – The period commencing under Clause 8.a) and ceasing under Clause 8.b);
h) Booking Period – The period is which the Equipment is allocated to the Customer;
i) GST – Goods and Services Tax under Australian law;
2. HIRE AGREEMENT
a) SimpleHire agrees to rent the Equipment to the Customer for the Booking Period, in return the Customer agrees to hire the Equipment and pay the Hire Charges and any other applicable costs on the terms and conditions set out in this Agreement.
b) The Customer is entitled to exclusive use of the Equipment for the Booking Period and for any agreed extension on the terms herein.
3. HIRE CHARGES
a) Costs to the Customer will include the following charges:
i) Hire Charges as noted at www.simplehire.au or as otherwise advised by SimpleHire from time to time;
ii) Bond - A refundable deposit will be held against the equipment during your hire period. This acts as security in the event of any damage, loss or additional charges. Once the equipment is returned in the same condition it left — clean, fuelled and undamaged — your bond will be refunded in full.
iii) Damage Waiver – As outlined in Clause 15;
iv) Delivery and Transport - Cost of transport from and return to SimpleHire premises in accordance with Clause 8. c);
4. ADDITIONAL CHARGES
a) Charges that may be deducted from Customer supplied credit card held on file at SimpleHire are;
i) Late Returns – As outlined in Claus 7.c.
(1) Afterhours site access by appointment only and fees may apply;
ii) Refuelling – A Refuelling fee will be deducted from the bond where Equipment is returned with less than a full tank of fuel.
iii) Cleaning Fee – A Cleaning fee will be deducted from the bond where Equipment is:
(1) Not returned in the conditions outlined in Clause 14. a) iv);
(2) Where decontamination from hazardous substances is required;
iv) Repairs - Costs incurred by SimpeHIre to repair any damage to the Equipment other than fair wear and tear;
v) Third-Party Authorities - Any applicable fees, duties, charges, penalties, fines, demands, or costs imposed by any authority on or in connection with this Agreement or the Customer’s hiring of the Equipment;
vi) Excess – As outlined in Clause 18;
vii) Legal Costs - Any costs and expenses reasonably incurred by SimpleHire in enforcing this Agreement;
5. GST
a) All prices include GST unless noted.
6. PAYMENT OF HIRE CHARGES
a) Payment will be made by Customer before to the commencement of the Hire Period;
7. HIRE PERIOD
a) Hire charges commence from:
i) Collection time by Customer; or
ii) When Equipment leaves SimpleHire for delivery.
b) Hire charges cease:
i) Upon return to SimpleHire;
c) If returned after close of business, as noted at www.simplehire.au, on last date of agreed Booking Period, a new day’s hire applies.
8. DELIVERY OF EQUIPMENT
a) Unless requested otherwise, Equipment is to be collected by the Customer from SimpleHire’s primary place of business.
b) Delivery by SimpleHire is kerbside only unless the driver agrees to enter the site, entirely at the Customer’s risk. SimpleHire shall not be liable for any loss or damage caused as a result of entry onto such premises.
c) Unless otherwise negotiated, delivery charges are determined by distances travelled from SimpleHire’s primary place of business
9. CANCELLATION
a) Cancellation fees apply where the booking is cancelled within 24hrs of the booking period.
10. TERMINATION
a) Subject to subclauses (b) and (c) hereof, this Agreement will terminate upon the expiration of the Hire Period or when SimpleHire recovers possession of the Equipment, whichever is the later.
b) Notwithstanding anything to the contrary herein contained, SimpleHire may terminate this Agreement by giving the Customer verbal or written notice, such termination to be effective immediately.
c) If the Customer commits any breach of this Agreement, or commits any act of bankruptcy or be made bankrupt, or being a company has a winding up petition presented against it or is wound up or goes into voluntary liquidation, then SimpleHire in its absolute discretion shall be entitled to terminate the Agreement without notice and be entitled to recover possession of the Equipment for which purpose the Customer hereby irrevocably authorises SimpleHire and its agents to enter any land or premises of the Customer or under the Customer’s control for the purpose of repossessing the Equipment.
d) Upon termination as aforesaid or upon SimpleHire taking possession of the Equipment this Agreement shall be at an end except the Customer shall be liable for any prior breach thereof and shall indemnify SimpleHire in respect of any claims, damages and expenses arising out of any action taken under this Agreement.
11. TITLE TO EQUIPMENT
a) The Customer acknowledges that SimpleHire retains title to the Equipment and that the Customer’s right to possess the Equipment is as a mere bailee only; and
b) The Customer agrees not to:
i) sell, transfer, assign, sub-let, lend, pledge, mortgage (including registration of a security interest under the Personal Property Securities Act 2009) let or hire or otherwise part with or attempt to part with the personal possession of the Equipment or otherwise deal with the Equipment to any person or party; or
ii) attempt, offer or purport to do any of the things listed in subclause (i); or
iii) remove the Equipment from the State of Tasmania; or
iv) conceal or alter the Equipment in any way or make any addition or alteration to, or repair of, the Equipment.
12. SIMPLE HIRE WARRANTIES & OBLIGATIONS
a) SimpleHire shall:
i) Make the Equipment available to the Customer at SimpleHire’s premises or, if so requested under Clause 7 hereof,
ii) deliver the Equipment to the site nominated by the Customer with a full tank of diesel fuel and oils; and
iii) Be responsible for all repairs and replacements required to the Equipment and which arise from fair wear and tear, provided that these shall be at the expense of the Customer if attributable to or caused by the negligence or misuse on the part of the Customer.
b) Any warranty, condition, description, or representation whether express or implied as to the state, quality or fitness of the Equipment for the purpose for which the same is let on hire is excluded except for any conditions or warranties which maybe implied in this Agreement by the Trade Practices Act or other legislation.
13. CUSTOMER WARRANTIES
a) The Customer warrants:
i) All information provided is accurate and complete;
ii) They are competent and qualified to operate the Equipment safely;
iii) The Equipment is suitable for their intended purpose;
iv) In selecting the Equipment, the Customer has not relied on any representation from SimpleHire, and agree that the Equipment complies with its description, is in merchantable condition, and is fit for their required purpose.
14. CUSTOMER OBLIGATIONS
a) The Customer will:
i) Maintain and use the Equipment in a skilful and workmanlike manner and at their own expense clean, and generally maintain the Equipment so that it will remain in good repair and condition (fair wear and tear excepted) and supply all fuels necessary for operation;
ii) Not use the Equipment for any illegal purpose;
iii) Complete daily pre-start inspections of the Equipment
iv) At the expiration of the Booking Period, return the Equipment to SimpleHire in the same condition it was supplied (including free from any mud, dirt, paint, plaster, damage etc) together with a full tank of fuel;
v) Be responsible for the safe keeping of the Equipment and tools or accessories supplied therewith and indemnify SimpleHire for any loss suffered in this regard through misuse, theft or otherwise as detailed in clause 4;
vi) Pay the Hire Charges and any other related costs to SimpleHire at the agreed rates as and when requested by SimpleHire;
vii) Pay on request the relative delivery and collection charges, fuel charges, repair charges, cleaning charges and sundry charges;
viii) Keep SimpleHire indemnified against any injury or loss suffered by any person operating the Equipment by reason of misuse or otherwise;
ix) Supply the operator and pay the operator’s wages.
x) Be responsible for and indemnify SimpleHIre against all loss of the Equipment during the hire howsoever caused (other than directly due to fair wear and tear), including loss of fuel or any item on or in the machine from theft and damage according to clause 14 a) iv). It is recommended the machine be stored in a safe area onsite overnight away from public view where possible;
xi) Prior to the use of the Equipment, determine the condition and suitability of the Equipment hired for the purpose required;
xii) Ensure a Dial Before You Dig (http://byda.com.au/) has been completed and that the operator is aware of all services prior to any excavation works. SimpleHire takes no responsibility for any damage to private or public assets. This is not covered by the SimpleHire insurance;
xiii) Ensure that all safety information supplied with the Equipment or at www.simplehire.au will be conveyed to any person using the Equipment;
xiv) Attach to the Equipment and maintain any safety signs supplied with the Equipment and bring them to the attention of any person using the Equipment and ensure that they are clearly legible by the operator of the Equipment;
xv) Ensure that all safety and operating instructions and notices are observed and not defaced or removed from the Equipment;
xvi) Ensure that all operators of the Equipment wear suitable clothing and any protective equipment required or recommended by the manufacturer’s safety and operating instructions or as recommended by SimpleHire;
xvii) Not perform work with the Equipment, nor cause, permit, allow, or employ and person to perform work with the Equipment, in an occupation prescribed under the Workplace Health and Safety Act, unless the Customer or such ) person is the holder of a current certificate of competency, permit, or authority to operate the Equipment issued for that occupation under such Act;
xviii) Notify SimpleHire immediately of any damage, loss, breakdown or mechanical issue to any Equipment, and from such notification the Hire Period shall cease unless the breakdown is a result of misuse or negligence on the part of the Customer; and
xix) Make the Equipment available while on hire at any stage for inspection, maintenance, or service by SimpleHire or any of its agents or subcontractors.
b) The Customer will:
i) be liable for any breach of this Agreement committed by the Customer’s agents.
c) If the Customer breaches clause 14 a) iv), then:
i) The Customer will be liable for any cleaning, re-fuelling and sundry charges; and
ii) If the Equipment is returned in an unsatisfactory condition the item of Equipment will remain on hire and the Customer must continue to pay Hire Charges until the Equipment is returned to SimpleHire in a satisfactory condition to be re-hired; or until SimpleHire can return the Equipment to a satisfactory condition to be re-hired.
15. DAMAGE WAIVER
a) Upon paying the damage waiver, in the event of damages to Equipment, SimpleHire will reduce the customers excess from $10,000 to $500 for repairs or replacement of the equipment due to loss or damage sustained to the equipment during its use under this Agreement. This limitation is subject to any other terms of this Agreement.
b) This clause in no way, implied or otherwise, entitles the Customer to compensation from SimpleHire for any liability incurred by the Customer to any third party in relation to the use of the Equipment.
c) This clause will not apply to loss or damage sustained to the equipment which arises from:
i) breach of any statute or other law or regulations in connection with the use of the Equipment by the Customer;
ii) breach of this Agreement where the breach results in increased risk of damage to the Equipment;
iii) misuse, abuse, wilful and/or malicious acts in connection with the use of the equipment;
iv) negligent and/or reckless use and/or overloading of the equipment;
v) lack of lubrication or non-adherence to other normal maintenance requirements that are required by or could reasonably be expected of the Customer for use of the Equipment under this Agreement;
vi) disregard for instructions given to the Customer by SimpleHire in respect of the proper use of the equipment, or in contradiction of the manufacturer’s instructions if supplied with the Equipment at the commencement of hire;
vii) unexplained disappearance of the equipment;
viii) theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment;
ix) theft of the equipment in circumstances where the Customer has failed to take reasonable care to protect the Equipment from theft. This includes, but is not limited to:
(1) circumstances where the Customer fails to utilise site security to store the equipment which includes but is not limited to, locked yards, buildings and sheds, or other areas restricting public access;
(2) circumstances where the Customer has acted negligently whilst using or storing the equipment which directly or indirectly causes the theft of the Equipment; and
(3) any other circumstances where the theft of the Equipment results directly or indirectly from the negligent act or omission of the Customer, regardless of whether the theft was reasonably foreseen in the circumstances.
16. LIABILITY
To the extent permitted by law, SimpleHire excludes all warranties, conditions, rights and remedies to which the Customer would otherwise be entitled; and SimpleHire shall not be responsible or liable to the Customer whether on the ground of breach of contractual duty or on the ground of negligence for any loss or damage to property, person, business, or otherwise directly or indirectly suffered or sustained by the Customer and arising from defects in or malfunction, breakdown or failure of performance of the Equipment or otherwise and the Customer indemnifies and releases SimpleHire from all claims and demands in respect thereof.
17. INSURANCE
a) The parties acknowledge that public liability insurance on the Equipment is included in respect of SimpleHire equipment but not the Customer being negligent in the agreed Hire Charges.
b) Theft cover will not be provided according to Clause 15. c) viii);
c) In the event that the Equipment is damaged by the Customer according to Clause 15. c) i)-ix), then the following insurance excess fees will be charged to the Customer per item of Equipment:
i) Standard Excess: $10,000
ii) Theft Excess in respect to any theft or attempted theft claim: $10,000
18. INDEMNITY
The Customer will release, hold harmless and indemnify SimpleHire from and against all liabilities, actions, claims, damages, losses, costs and expenses of whatever nature, howsoever occurring which may accrue against or be suffered by SimpleHire arising out of or in any way connected with the hiring of the Equipment unless caused by the wilful misconduct of SimpleHire or its servants or agents acting within the scope of their employment..
19. COLLECTION OF INFORMATION
a) The Customer agrees to credit and personal data handling by SimpleHire for operational, marketing, and legal reasons.
b) SimpleHire advises the Customer that any personal information is generally collected:
i) For the primary purposes of maintaining a customer record, delivery, supply of goods and services, account keeping,
ii) invoicing, debt collection, locating and or retrieving SimpleHire equipment, credit reference checks, credit listing; and
iii) For the secondary purposes of marketing activities, marketing planning, product development, customer and market research and product recalls.
c) A Customer’s personal information may be disclosed to SimpleHire’s agents, distributors, contractors, and related entities, to facilitate the primary and secondary purposes mentioned in subclause b) hereof, or as otherwise required by law.
20. ADVERTISING
a) SimpleHire shall be permitted to affix any sign or advertising device or identification marks to the Equipment as it shall determine.
21. GPS TRACKING
a) The Customer acknowledges that the Equipment may be fitted with a GPS tracking device.
b) SimpleHire may use GPS data to:
i) Monitor location
ii) Recover equipment
iii) Verify unauthorised use
iv) Confirm return times
c) The Customer must not tamper with, disable, or interfere with any tracking device.
d) The Customer consents to the collection and use of GPS data for security and operational purposes.