General Terms of Conditions Of Hire
STANDARD TERMS & CONDITIONS OF HIRE PT COATES HIRE INDONESIA
- “Owner” of Equipment is PT. Coates Hire Indonesia.
- “Hirer” refers to the person, firm, organization, partnership, corporation or other entity hiring Equipment from the Owner, as identified in the Hire Agreement and/or Owner’s Quotation and/or Hirer Work Order.
- “Equipment” means any equipment including tools, portable buildings, vehicles, accessories and parts supplied to the Hirer under the Hire Agreement or Hirer’s Approval signed on Owner’s Quotation.
- “Environmental Laws” means any statute, policy directions or regulations made or issued by a regulatory body or government body regulating or otherwise relating to the environment including without limitation the use or protection of the environment.
- “Hire Agreement” means the agreement between the Owner and Hirer for the hire of Equipment which includes:
- Any Credit Application; and
- Owner Quotation which already approved by Hirer by signing the acknowledgement and acceptance on the Owner Quotation; and
- These Standard Terms and Conditions of Hire (TC) which already signed by the Hirer, and/or
- Any Hire Agreement provided to the Hirer by the Owner which already duly signed by both the Hirer and the Owner accordingly.
Ownership of the Equipment
- The Hirer acknowledges that in all circumstances the Owner retains ownership to the Equipment at any time (even if the Hirer goes into liquidation or becomes bankrupt during the Hire Period). The rights of the Hirer to use the Equipment are as a hirer only.
- The Hirer has no rights at any circumstances to offer, sell, assign, sub-hire, mortgage, pledge or any other deal in regard with the Equipment.
- Subject to clause 3.2, the period of hire commences when the Hirer takes possession of the Equipment or when the Owner delivers the Equipment in accordance with the Hirer’s instructions and the period of hire ends when the Equipment is back under the possession of the Owner (in total, the “Hire Period”). The Hire Period includes weekends and public holidays and is irrespective of the time the Equipment is being used.
- Should the Owner agree with the Hirer that the Owner will deliver and collect the Equipment, hire charges will commence from the time the Equipment leaves the Owner’s premises and continue until the Owner is notified by the Hirer the date that the Equipment is available for collection (“Off-Hire Date”), at which time the Owner will give the Hirer a number as verification that such notification has been received (“Off-Hire Number”). The notification will be given by the Hirer in time for the
- Equipment to be picked up and returned to the Owner’s premises within the Owner’s normal business hours by the Off-Hire Date. In the event of insufficient notice being given, the Hirer will be charged a minimum of an extra half day hire at the Owner’s absolute discretion. The Hire Period on the Hire Agreement will not be deemed notice to the Owner that the Equipment is available for collection. Notwithstanding the Owner agrees to collect the Equipment; the Hirer remains responsible for theft, loss or damage to the Equipment until the Equipment is collected by the Owner.
- The Hirer is to be charged for the Hire Period and the Hirer is entitled to use the Equipment during the Hire Period. Any variation to the Hire Period must be agreed by the Owner.
- The Hire Agreement or Hirer’s Approval signed on Owner’s Quotation following with Hirer Purchase Order (PO) will specify the type of rate which will apply (e.g. ‘daily’, ‘weekly or’, ‘monthly’, ‘six monthly’ or ‘annual’).
- The Owner reserves the right to charge a minimum period of hire for certain types of Equipment.
Hire Charges and Other Charges
- Hire: Subject to clause 4.10, the Hirer will pay the Owner the hire charges set out in the Hire Agreement or Hirer’s Approval signed on Owner’s Quotation following with Hirer Purchase Order (PO). The Hirer is not entitled to any discount or rebate if the Equipment is not used by the Hirer for the entire Hire Period. Additional rental charges may apply if the Equipment is used for more than 10 hours per day or 300 hours per month.
- Other Services: The Owner will, if requested by the Hirer, and only if personnel are available, attend the site and instruct the Hirer in the operation of the Equipment. The Hirer will in addition to the hire charges pay the Owner for such services. Any other additional services provided to the Hirer, will be paid for by the Hirer at rates agreed with the Owner.
- Consumables & Trade Materials: The Hirer will be liable for charges made for consumables and trade materials provided by the Owner.
- Tax and Government Charges: The Hirer will be liable for stamp/hire duty, VAT and all other applicable taxes, and any other government charges imposed on the Hire Agreement or in respect of the Hire Period. Hirer will be charged an additional withholding tax in accordance with Art 23, unless Hirer provides WHT certificate to the Owner on the monthly basis.
- Delivery: If the Hirer requires the Owner to deliver, collect or install the Equipment, the Hirer will be liable for the cost of delivery, collection or installation. The Owner will not be responsible for any delays in delivery or installation or failure to deliver due to causes beyond his control including but not limited to acts of God, war, terrorism, mobilization, civil commotion, riots, embargoes, orders or regulations or governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labor difficulties, shortages of or inability to obtain shipping space or land transportation.
- Damage Waiver: The Hirer will be required to pay a 12.5% Damage Waiver on all hires in accordance with this clause and clause 8 below (“Damage Waiver”). Damage Waiver will be automatically charged in addition to the Owner’s hire charge. The Hirer is not required to pay Damage Waiver if it produces to the Owner a Certificate for an appropriate policy of insurance that covers loss or damage to the Equipment arising from the hire for an amount not less than the full new replacement cost of the Equipment.
- Late Return of Equipment: If the Hirer returns the Equipment to the Owner’s premises over the end of the Hire Period. The Hirer will be charged a minimum of an additional full day hire, depending upon the time of return. The Hirer will remain liable to be charged for the Equipment until it is returned to the Owner.
- Early Return of Equipment: If the Hirer wants to return the Equipment before the end of the Hire Period, the Hirer will remain liable for all hire and other charges payable to the Owner for the entire Hire Period. The Owner may, at its absolute discretion, accept return of the Equipment, and if it does so, may:
- Attempt to re-hire the Equipment, in which case the Hirer will be liable for those hire and other charges payable up until the date of the commencement of the re-hire or until the end of the Hire Period, whichever is earlier, and
- Revise the hire charges payable by the Hirer by recalculating the Hire Period with the Early Return of Equipment has made.
- Payment Due Date: Otherwise mutually agreed on different payment term, the Hirer is required to pay all fees, charges and costs that may become due and payable under the Hire Agreement or Hirer’s Approval signed on Owner’s Quotation following with Hirer Purchase Order (PO) within 30 days of the invoice date unless extension is agreed in writing by the company.
- Late Payment: If a Hirer does not pay the amount set out in the Hire Agreement or Hirer’s Approval signed on Owner’s Quotation following with Hirer Purchase Order (PO by the payment due date, a late payment fee of 2% per month, compounding monthly, may be imposed. In addition, without limiting clause 9.4, the Hirer will be liable to indemnify the Owner for all expenses incurred by the Owner in recovering any amounts Which the Hirer fails to pay by the payment due date (including any commission payable to any commercial or mercantile agents and legal costs).
- Offset: The Owner may set-off against any credit owed to the Hirer any amount owing by the Hirer to the Owner.
- Possession and Use by Hirer: The Hire Agreement is personal to the Hirer and the Hirer will not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time during the Hire Period.
- Suitability: The Hirer agrees that before accepting the Equipment it has satisfied itself as to the suitability, condition and fitness for purpose of the Equipment. Subject to clause 9.2, the Owner gives no warranty that the Equipment is suitable for the Hirer’s purpose.
- Operation of Equipment: A the Hirer warrant that at all times it will:
- Operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;
- Ensure persons operating or erecting the Equipment are suitably instructed / trained in its safe and proper use and where necessary hold a current Certificate of Competency and be licensed to use it;
- Return the Equipment to the Owner in the same good and clean condition it was in when the Hirer received it, ordinary fair wear and tear excluded. If the Hirer fails to clean the Equipment, the Owner will charge the cleaning cost to the Hirer;
- Display, maintain all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Equipment;
- Ensure all persons operating the Equipment wear suitable clothing and protective equipment as required or recommended by the manufacturer or by the Owner;
- Ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
- Conduct a job safety analysis prior to using the Equipment at a site;
- Accept responsibility for the safe-keeping of and insuring the Equipment during the Hire Period;
- Ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment, and
- Comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
- Operator: If the Owner supplies an operator to operate the Equipment (“Operator”), the Operator will be under the sole direction and control of the Hirer and will during the Hire Period be deemed to be the employee of the Hirer and the Hirer will not allow any other person to operate the Equipment without the Owner’s prior written consent.
- Cleaning and Maintenance: The Hirer must:
- Clean, fuel, lubricate and maintain the Equipment in good condition and in accordance with the manufacturer’s and the Owner’s instructions at the Hirer’s cost, and
- Not in any way alter, modify, tamper with, damage or repair the Equipment without the Owner’s written consent.
- Safekeeping: The Hirer must ensure that during the Hire Period the Equipment is stored safely and securely and is protected from theft, seizure or damage.
- Alteration and Identifying Marks: The Hirer must not alter, deface, remove or erase any notices, safety information, identifying mark, plate or number on the Equipment.
- Inspections: The Hirer consents to the Owner inspecting the Equipment from time to time during the Hire Period. In addition, the Hirer may arrange a joint inspection with the Owner at the end of the Hire Period.
- Safe Loading and Transport: The Hirer will ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. Hirer and any transporting contractor will observe any safety directions advised by the Owner and/or manufacturer of the Equipment for its loading and safe handling.
- Location: The Hirer must not remove the Equipment from the location/site in which it was hired without the Owner’s written consent. The Equipment will be returned to the location it which the Equipment was collected by the Hirer or delivered by the Owner.
Electrical Equipment re-testing and re-tagging: Hirer is responsible for arranging at the Hirer’s cost the re-testing and re-tagging of the electrical equipment by the manufacturer’s agent in accordance with the manufacturer’s instructions.
The Owner is allowed to arrange, at the Hirer’s cost, for such re-testing and re-tagging of the electrical equipment. Any damage caused to the Equipment resulting from incorrect testing will be at the Hirer’s cost.
Obligations of Hirer: In the event that the Equipment breaks down or becomes unsafe to use during the Hire Period the Hirer will:
- Immediately stop using the Equipment and notify the Owner;
- Take all steps necessary to prevent injury occurring to persons or property as a result of the condition of the Equipment;
- Take all steps necessary to prevent any further damage to the Equipment, and
- Not repair or attempt to repair the Equipment without the Owner’s written consent.
Obligations of the Owner: In the event that the Equipment breaks down or becomes unsafe to use through no fault, negligence, recklessness or misuse by the Hirer, the Owner will:
- Take all steps necessary to repair the Equipment or provide suitable substitute Equipment as soon as reasonably possible after being notified by the Hirer.
- Not impose a hire charge for that portion of the Hire Period for which the Equipment was broken down or unsafe, nor the costs associated with any repair or replacement of the Equipment, and
- Not be liable for any expenditure, damages, loss or inconvenience incurred by the Hirer arising from a breakdown of Equipment, however so caused.
- Obligations of Hirer: In the event that the Equipment breaks down or becomes unsafe to use during the Hire Period the Hirer will:
Lost, Stolen or Damaged Equipment
The Hirer is responsible for the Equipment and its attached tools and accessories whilst on hire until the Equipment is collected by the Owner, or returned to the Owner by the Hirer. If the Equipment is lost, stolen or damaged during the Hire Period the Hirer will be liable for:
- Any costs incurred by the Owner in repairing or the new replacement cost of the Equipment, and
- any other costs whatsoever incurred by the Owner as a result of the loss, theft or damage to the Equipment, including the continuation of hire charges when the damages were caused by the negligence or act or omission of the Hirer,
- Except where the Hirer pays the Damage Waiver fee, in which case its liability is subject to the Damage Waiver clause below.
- Subject to the exclusions in clause 8.2, where Damage Waiver has been charged to the Hirer, the Owner agrees, upon prompt submission of a written Police Report from the Hirer and any other written or photographic evidence requested by the Owner, to waive its right to claim for loss or damage to the Equipment caused by fire, storm, collision, accident, theft or burglary. Such waiving of rights is subject to payment by the Hirer of An excess for either the loss of the Equipment or damage to the Equipment, being the greater of $500.00 per item or 15% of the cost of repairs or the new replacement cost of the Equipment (as the case may be).
- Expressly excluded from the above Damage Waiver is loss or damage as defined below?
- Damage due to misuse, abuse or overloading of the Equipment or any components there of;
- Wrongful conversion of the Equipment or any components thereof;
- Loss or damage in contravention of the conditions of this Hire Agreement;
- Loss or damage from use in violation of any statutory laws & regulations;
- Damage caused to tyres & tube by blowout, bruises, cuts or other causes inherent in the use of the Equipment;
- Glass breakage or graffiti;
- Loss or damage relating to lack of lubrication or other normal servicing of Equipment;
- loss or damage to the Equipment whilst located, used, loaded, unloaded, transported on or over water, wharves, bridges or vessels of any kind;
- loss or damage to motors or other electrical appliances or devices caused by overloading or artificial electrical current, including use of under-rated or excessive length of extension leads on electrically powered tools and machines;
- Damage caused by exposure to any corrosive or caustic substance, such as cyanide, salt water, acid, etc.
- Theft of the Equipment unless reasonably locked and secured;
- Loss or damage to Equipment during transport, except where transported by the Owner. This sub-clause will not apply to Motor Vehicles, trailers, toilet trailers, caravans or trailered Equipment;
- Loss or damage to items which the Hirer has elected not to pay Damage Waiver premium and thereby the Hirer has accepted liability for the Equipment, and
- Loss or damage caused by the negligence of the Hirer.
- Where the Owner determines that one of the exclusions in clause 8.2 applies, Damage Waiver will not apply unless the Hirer is able to establish to the reasonable satisfaction of the Owner that the exclusion does not apply. The Hirer will provide the Owner with all the information requested by the Owner for the purpose of establishing whether one of the exclusions in clause 8.2 applies.
- Damage Waiver does not apply to Equipment used off-shore, over water or down in under-ground mines. The Hirer must produce evidence that they have taken out suitable insurance cover for these items of Equipment with such insurance cover to include the Owner as an insured and cover the Owner’s liability as a principal in connection with the performance of the Hire Agreement and contain provisions whereby all rights of subrogation or action against any of the persons comprising the insured are waived; the term “insured” applies to each of the persons comprising the insured as if a separate policy of insurance had been issued to each of them (subject to the overall sum insured not being increased as a result); and any non-disclosure or misrepresentation by one insured does not prejudice the right of the other insured to claim under any insurance.
Indemnities and Exclusion of Liabilities
- Subject to clause 9.2 and except as expressly provided to the contrary in theis Hire Agreement; all terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to the Owner’s obligations under the Hire Agreement are excluded.
- Where any Act of Government implies a term, condition or warranty in this Hire Agreement and that Act prohibits provisions in a contract excluding or modifying the application, exercise or liability under that term, condition or warranty, such term, condition or warranty will be deemed to be included in this Hire Agreement provided that the liability of the Owner for breach of the term, condition or warranty is limited to (at the Owner’s election) the repair or replacement of the Equipment or the supply of substitute Equipment (or the cost of doing so) and in no event will any liability for damages be greater than the cost of the services being supplied under the Hire Agreement.
- Subject to clause 9.2, the Owner will not be under any liability to the Hirer for consequential loss or damage (including loss of actual or anticipated profits or revenue, economic loss of any kind or any loss suffered as a result of any claim or claims by third parties) in contract, tort (including negligence) under statute or otherwise from or in relation to the Equipment or this Hire Agreement.
- The Hirer is liable for and indemnifies the Owner against all liability, claims, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on the higher of a full indemnity basis and a solicitor/client basis, determined without taxation, assessment or similar process and whether incurred or awarded against the Owner and any environmental loss, cost, damage or expense) arising from or incurred in connection with Hirer’s obligations to use of the Equipment or the Hirer breach of the Hire Agreement.
- Each indemnity in this Hire Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this Hire Agreementt. It is not necessary for a party to incur expense or make any payment before enforcing a right of indemnity conferred by this Hire Agreement. The Hirer must pay on demand any amount it must pay under an indemnity in this Hire Agreement.
- For the purposes of clauses 9.3 to 9.5, use of Equipment operated by a person supplied by the Owner will be use of the Equipment by the Hirer.
- The Owner may terminate the Hire Agreement immediately by notice to the Hirer, if:
- The Hirer breaches any term of the Hire Agreement, or
- The Hirer becomes bankrupt or insolvent, executes a personal insolvency agreement,
- Enters into liquidation, administration, receivership or ceases to carry on business. The Owner may terminate the Hire Agreement for any other reason by 24 hours’ notice.
- The right of termination is in addition to any other rights under the Hire Agreement and does not exclude any right or remedy under law or equity or the survival of other terms under the Hire Agreement.
- The Owner may terminate the Hire Agreement immediately by notice to the Hirer, if:
Recovery of Equipment
If the Hirer is in breach of the Hire Agreement or if the Owner has terminated the Hire Agreement with the Hirer pursuant to clause 10, the Owner may take all steps necessary (including legal action) to recover the Equipment, including entering the Hirer’s premises to do so.
Hire of Motor Vehicles
Where the Equipment hired by the Hirer is a Motor Vehicle these additional Terms and Conditions also apply to the Hire Agreement.
- Definitions:: “Motor Vehicle” means a car, truck, utility or trailer.
- Insurance: The Owner will arrange motor vehicle accident insurance for each Motor Vehicle to cover any damage caused through a motor vehicle accident and the Hirer must pay a charge for such insurance. This insurance will not cover the Hirer for the loss, theft or other damage to the vehicle (other than a Motor Vehicle accident).
If the Motor Vehicle is damaged in a motor accident then the Hirer will be liable for the following additional costs:
- The first $2,500 of the cost of any damage if the driver is 25 years or over;
- The first $3,500 of the cost of any damage if the driver is under 25 years;
- The cost of repairing damage:
- To the patch;
- To or caused by a truck mounting device;
- To tires;
- caused other than by the normal use of the Motor Vehicle;
- Caused while the Motor Vehicle is being driven on any road that is unsealed or is not a public road, or
- Caused while the Hirer is in breach of any clause of the Hire Agreement.
- Damage to Motor Vehicle: In the event that the Motor Vehicle is lost, stolen or damaged (not through a motor accident) during the Hire Period, the Hirer is liable to pay the amount to replace or repair the Motor Vehicle, except where the Hirer pays the Damage Waiver fee, in which case its liability is subject to the Damage Waiver clause (clause 8).
- Damage to Tyres: The Hirer is liable to pay the cost of repairing or replacing flat or damaged tyres and other damage to tyres arising outside of the ordinary and reasonable use of the Motor Vehicle is the sole responsibility of the Hirer.
- Operation of Motor Vehicles: The Hirer warrants that it will not allow a person to drive a Motor Vehicle if:
- The person does not hold an unrestricted license to drive that class of Motor Vehicle;
- The person is under the age of 21 years;
- The person is affected by drugs and/or alcohol;
- The person has been convicted of any offence relating to driving a motor vehicle under the influence of drugs or more than the legally prescribed limit of alcohol, or
- The person has previously been refused motor vehicle insurance.
A breach of any of this clause 12.5 will render the insurance void and the Hirer liable for the costs of repairs or the replacement cost of the Motor Vehicle.
- Fines and Government Charges: The Hirer will promptly pay all tolls, fines, penalties and other statutory or Government charges arising out of the use of the Motor Vehicle by the Hirer during the Hire Period. If the Owner pays any such charges the Hirer must reimburse the Owner within 7 days of receiving notification of the charges from the Owner.
- Kilometer Charge: The Hirer must pay a charge for the number of kilometers that the Owner reasonably believes the Motor Vehicle has travelled during the Hire Period or for excess kilometers if an agreed usage is made within the hire charge.
- Driver Information: Prior to the commencement of the Hire Period the Hirer will provide the Owner with all information required by the relevant legislation for those persons who will operate the Motor Vehicle for or on behalf of the Hirer. The Owner is also permitted to take a copy of any drivers’ licenses at the commencement of the Hire Period.
- Safe Loading: The Hirer warrants that no Motor Vehicle will be laden in excess of the Motor Vehicle’s gross vehicle mass at any time during the Hire Period.
- Consumables: The Hirer must return the Motor Vehicle to the Owner with a full tank of fuel or the Hirer will be liable to pay the Owner the reasonable cost of filling the fuel tank.
- Other Conditions: The Hirer acknowledges that the Standard Conditions of Hire set out in this document (particularly clause 5 – Hirer’s Hire Obligations) also apply to Motor Vehicles
Hire of Pumps, Shoring and Dewatering Equipment
Where the Equipment hired by the Hirer is a pump, shoring or dewatering Equipment, these additional Terms and Conditions also apply to the Hire Agreement.
Site Preparation: The Owner requires unrestricted access to the site(s) nominated by the Hirer for the delivery and installation of the pump, shoring or dewatering Equipment. Accordingly, prior to the commencement of the installation the Hirer must, at its own expense:
- Isolate the power running through those wires (either above or below ground) that are in close proximity to the site(s);
- Clearly mark and identify in-ground and buried services prior to the commencement of pre-drilling or the installation of well points;
- Undertake any necessary pre-drilling of well point holes;
- Undertake any excavation, drilling or restoration necessary to ensure that the area for installation of the pump, shoring or dewatering Equipment is free of any obstruction (including, but not limited to, rubble, road base, footpaths and fencing) and is suitable for using water jetting;
- Organize a power connection for the dewatering Equipment if connecting from the main power line;
- Provide a crane or excavator for the placement and removal of pumps, shoring or dewatering Equipment, and
- Provide the Owner with all relevant site information and any other site information relevant to the safe delivery and installation of the pump, shoring or dewatering Equipment.
- Maintenance: The Hirer is at all times responsible for fueling and oiling pumps on a daily basis. Correct levels are to be adhered to at all times and engines must be stopped for checking. Dry Hire terms and conditions are to be mutually agreed in writing at time of contract signature
- Insurance: Prior to the installation of the pumps, shoring or dewatering Equipment the Hirer is to provide the Owner with copies of Certificates of Currency for all appropriate insurance policies including:
- Professional Indemnity Insurance policy covering consultant, in-house engineers and any other relevant employees, and
- Public Liability Insurance policy covering an amount not less than $10 million per single occurrence which includes the Owner as an insured and covers the Owner’s liability as a principal in connection with the performance of the Hire Agreement and contains provisions whereby all rights of subrogation or action against any of the persons comprising the insured are waived. The term “insured” applies to each of the persons comprising the insured as if a separate policy of insurance had been issued to each of them (subject to the overall sum insured not being increased as a result) and any non-disclosure or misrepresentation by one insured does not prejudice the right of the other insured to claim under any insurance.
- Waste Disposal: The Hirer is responsible for the disposal of pumped discharge and all matter relating to such disposal including, but not limited to:
- Identification of contaminated discharge, and
- Proper treatment and disposal of contaminated discharge to the satisfaction of all relevant environmental authorities including, but not limited to, the State Environmental Planning Authority.
- Operating Personnel: Should the Hirer require the Owner to provide it with personnel to operate the pumps, shoring or dewatering Equipment, those persons will do so under the direction and instruction of the Hirer or the Hirer’s representatives.
- Exclusion of Liability: The Hirer acknowledges that the Standard Conditions of Hire set out in this document (particularly clause 9 – Indemnities and Exclusions of Liability) also apply to pumps, shoring and dewatering Equipment. In addition, the Owner is excluded from all liability related to the hire and use of pumps, shoring and dewatering equipment, including, but not limited to, liability arising from:
- Damage to all adjacent or surrounding structures or services on, above or below the ground, including damage caused by subsidence or the adjoining areas;
- Surveying and locating utilities and services;
- Handling storm water and pumping waste;
- The operation of the pumps, shoring or dewatering Equipment not adequate for external
- conditions, including ground water conditions, which are outside the control of Owner;
- The operation of the pumps, shoring or dewatering Equipment by Owner personnel while under the direction and instruction of the Hirer or the Hirer’s representatives, or
- Exceeding the maximum noise level prescribed by law.
- Lost or Not-Returned Pumps, Shoring and Dewatering Equipment: If the pumps, shoring or dewatering Equipment has not been returned to or made available for collection by the Owner within 14 days of the due date specified in the Hire Agreement, the pumps, shoring or dewatering Equipment will be deemed to have been lost and the Hirer will be liable to pay the amount of the full replacement cost of the pumps, shoring or dewatering Equipment to the Owner.
The Hirer will be charged full hire rates until the Equipment is returned to the Owner or the replacement cost of the Equipment is charged under this clause.
- Where the Equipment hired by the Hirer is a pump, shoring or dewatering Equipment, these additional Terms and Conditions also apply to the Hire Agreement.
- Hire of Heavy Earth Moving Equipment
Where the Equipment hired by the Hirer is deemed to be heavy earth moving.
Equipment as nominated by the Owner, then these additional terms and conditions also apply to the Hirer.
- Excess Hire Charges: An excess hire charge is payable by the Hirer where the Hirer uses the heavy earth moving Equipment in excess of the number of hours specified in the Hire Agreement. The excess hire charge is payable only in respect of those hours exceeding the specified number of hours.
- Useable Items Charge: Unless otherwise indicated in the Hire Agreement, the Hirer must pay a useable item charge in respect of the fuel, tires, track gear, ground engaging tools and any other useable items listed in the Hire Agreement. The level of usage will be determined by the Owner as a percentage of the actual cost of the useable item to the Owner. This percentage is to be calculated by deducting the percentage usage at the start of The Hire Period from the percentage usage at the end of the Hire Period. The Hirer will not be entitled to a payment or credit in respect of any useable item returned with less usage than at the start of the Hire Period.
- Replacement of Useable Items: The Hirer is responsible for replacing useable items when they become worn out or they run out.
- Wear to Tires: The Owner is responsible for the cost of ordinary wear and tear of tires and tracks. Ordinary wear and tear is considered to be 4,000 SMU hours. The Hirer is liable for the cost of repairing or replacing flat or damaged tires and is responsible for all wear and tear and damage to tires and tracks which is caused by use of the tires and tracks in conditions which the Owner considers are adverse or abnormal. At all times the Hirer must adhere to the manufacturer’s recommended tire pressure and track tension.
- Bucket and Blade bear: The Owner is responsible for the cost of normal bucket and blade wear or damage. The Hirer is responsible for the cost of all bucket and blade wear or damage which is caused by use of the buckets or blades in conditions which the Owner considers to be abnormal or adverse.
- Ground Engaging Tools: The Hirer is responsible for all wear and tear to cutting edges, bucket teeth, hardware, ripper teeth and all other ground engaging tools hired. All ground engaging tools hired by the Hirer are to be returned to the Owner at the end of the Hire Period in the same condition in which they were supplied. Usage of ground engaging tools will be measured by comparing the percentage of use at the commencement of the Hire Period with the percentage of use at the end of the Hire Period.
- Cleaning and Maintenance: The Hirer will at its own expense service, clean, maintain and return the Equipment to the Owner in good and substantial repair and condition, with the exception of reasonable wear and tear. Except as otherwise notified by the Owner:
- the Hirer is responsible for undertaking all preventative maintenance servicing and minor running repairs (including electrical, hydraulic hoses and oil leaks) in accordance with the manufacturer’s specifications, and
- The Hirer is responsible for completing the manufacturer’s oil sampling analysis (set out in the Operations and Maintenance Guide) on all compartments. If this is not completed the Hirer will be responsible for paying the Owner the reasonable cost of doing so.
Remote Area Hire Conditions
- Definitions: “Remote Area” is a location in excess of 50km from nearest Owner’s branch. “FMP” is the electronically managed preventive maintenance programmer operated by The Owner (or its agent) for all Equipment. The FMP involves regular attendance on site by the Owner’s service personnel to conduct routine (200 hourly) Equipment servicing and general maintenance requirements.
- Multiple items of Equipment hired by the same Hirer on the one site will only be charged as one call out.
- The Hirer remains responsible for daily maintenance and care of all Equipment in their possession, including but not limited to, daily checking of all fluids (fuel, oil, water, battery levels etc.), general tightening of any loose nuts, bolts, belts or fittings and lubrication of all grease points.
- If the Equipment breaks down in a Remote Area the Hirer will also pay the Owner the costs associated with any attendance to the site.
- Severability: If any part of this agreement becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.
- Governing Law and Default Recovery: The Hire Agreement is governed by the laws of Republic of Indonesia where the Hire Agreement is entered into by the parties and each party submits to the exclusive jurisdiction of the courts of that Local Government. The Hirer will not object the Owner choosingthe jurisdiction of the court of Republic of Indonesia to recovery any outstanding amount.
- Security of Obligations: As security for the obligations and liabilities of the Hirer under the Hire Agreement, the Hirer hereby charges for the due and punctual payment and performance of those obligations and liabilities, all of its legal and equitable interest (both present and future) of whatsoever nature held in any and all Real property. Without limiting the generality of the charge in this clause, the Hirer agrees, on request by the Owner, to execute any documents and do all things necessary required by the Owner to register a mortgage security over any Real property. The Hirer will indemnify the Owner on an indemnity basis against all costs and expenses incurred by the Owner in connection with the preparation and registration of any such mortgage documents. The Hirer also consents unconditionally to the Owner lodging a caveat or caveats noting its interest in any Real property.
- Entire Agreement: The Hire Agreement issued to the Hirer, including these Standard Terms and Conditions of Hire, comprises the entire agreement between the parties. No additional terms and conditions proposed by the Hirer (including any terms contained in any purchase order provided by the Hirer) apply to the hire of the Equipment unless agreed in writing by the Owner. /li>
- No Reliance: The Hirer acknowledges that the neither the Owner or any person acting on the Owner’s behalf has made any representation or other inducement to it to enter into the Hire Agreement and that it has not entered into the Hire Agreement in reliance on any representations or inducements (including in relation to the use of the Equipment) except for those representations or inducements contained herein.
- Variation: The Owner may at any time vary the Hire Agreement by giving the Hirer 30 day’s written notice of its intention to do so. Any other variation of these terms and conditions must be agreed in writing by the Owner and the Hirer.
- The Owner may collect personal information about the Hirer. The Owner’s Officer can be contacted on (0542)760 174. The Owner may use the Hirer’s personal information to provide services to the Hirer, to fulfill administrative functions associated with these services (for example assessment of credit worthiness), to enter into contracts with the Hirer or third parties, and for marketing and client relationship purposes. If the Hirer does not provide all information required by the Owner, the Owner will not be able to hire the Equipment or provide the associated services to the Hirer. The Owner may disclose the Hirer’s information to the Owner’s service providers and contractors from time to time to help provide and market the Owner’s services to the Hirer. Generally the Hirer has a right to access personal information the Owner holds about the Hirer.
- The Hirer consents to and authorizes the Owner to use and disclose the Hirer’s personal information in accordance with clause 16.7(a).
- Notice to Hirer: Any document which by the Hire Agreement may be given by the Owner may be served or rendered by leaving it at or posting it to the address of the Hirer as stated in the Hire Agreement or last notified by the Hirer in writing to the Owner and will be deemed to have been served or rendered at the time of leaving or, if posted, on the business day following the day of postage and any notice may be signed by an officer, manager or solicitor of the Owner on behalf of the Hirer.
- No Waiver: No delay or omission to exercise any right, power or remedy accruing to the Owner upon any continuing breach or default under the Hire Agreement will impair any such right, power or remedy, nor will it be construed to be a waiver of any right of the owner to take action or make a claim in respect of a continuing breach or default or to be acquiescence to it.
- Withdrawal of Credit Accommodation: Any credit accommodation granted by the Owner to the Hirer may be reviewed at any time without notice. Credit may be withdrawn for Hirers failing to make payments or use the Equipment in accordance with these Standard Conditions of Hire and a statement may be issued at that time requiring payment within 7 days of any amount due and owing.
- Authority of Hirer: The person signing the Hire Agreement for and on behalf of the Hirer hereby covenants with the Owner that he or she has the authority of the Hirer to make the Agreement on the Hirer’s behalf and is empowered by the Hirer to bind the Hirer to the Agreement and hereby indemnifies the Owner against all losses, costs and claims incurred by the Owner arising out of the person so signing the Agreement not in fact having such power and/or authority.
- Previous Editions: This edition of the Standard Conditions of Hire replaces and supersedes all previously issued Conditions of Sale and Hire by the Owner.
- Time of the Essence: Time is to be of the essence of all obligations of the Hirer in the Hire Agreement.
- Right of Refusal to Hire: The Owner is in no way obliged to hire any Equipment to the Hirer and may refuse to hire Equipment to a Hirer at its absolute discretion, including but not limited to, if the Hirer fails to provide adequate identification or if in the opinion of the Owner, the Hirer’s safety is put at risk by providing them with such Equipment.