1. OBLIGATIONS OF THE CUSTOMER

The Customer must:

1.1 Allow Perth Hills Hire access to collect equipment at a time allocated or at end of hire period.

1.2 Return the Equipment to Perth Hills Hire clean and in good repair;

1.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes;

1.4 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Perth Hills Hire or posted on the Equipment;

1.5 Indemnify Perth Hills Hire for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;

1.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised;

1.7 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;

1.8 Indemnify Perth Hills Hire in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the customer including loading & unloading of equipment;

1.9 Operate the Equipment with an adequate motor vehicle and/or power source;

1.10 Report and provide full details to Perth Hills Hire of any accident or damage to the Equipment within 12 hours of the accident or damage occurring;

The Customer must NOT;

1.11 Tamper with, damage or repair the Equipment;

1.12 Lose or part with possession of the Equipment;

1.13 Allow any person to drive a Motor Vehicle if the person is affected by drugs and/or alcohol.

1.14 Exceed the recommended or legal load and capacity limits of the Equipment;

1.15 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment;

2. PAYMENTS BY THE CUSTOMER TO PERTH HILLS HIRE

2.1 On or before Commencement (or as otherwise specifically agreed with Perth Hills Hire), the Customer will pay the Hire Charge.

NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment.

(a) all costs incurred in cleaning the Equipment;

(b) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;

(c) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer’s use of the Equipment;

(d) the cost of fuels and consumables provided by Perth Hills Hire and not returned by the Customer;

(e) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by Perth Hills Hire in enforcing this Contract due to the Customers default;

(f) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract.

3. LOSS THEFT DAMAGE WAIVER

3.1 Loss Theft Damage Waiver (‘LTD Waiver’) is not insurance, but is an agreement by Us to limit Your liability in certain circumstances for loss, theft or damage to the Equipment to an amount called the LTD Waiver Excess. The LTD Waiver Excess is explained below in clause 3.5. Note the limitations set out in clause 3.6.

3.2 Subject to clause 3.3, the LTD Waiver Fee will be automatically charged to You in addition to Your Hire Charges and will be set out in Your Hire Schedule. The LTD Waiver Fee is calculated as a percentage of the Hire Charge.

3.3 You are not required to pay the LTD Waiver Fee from the date You produce a certificate of currency for an appropriate policy of insurance that covers loss, theft or damage to the Equipment during the Hire Period for an amount not less than the replacement value of the Equipment (‘Your Insurance’). For the avoidance of any doubt, you are liable to pay the LTD Waiver Fee for that portion of the Hire Period where a certificate of currency required pursuant to this clause 3.3 remains outstanding (“Uninsured Period”) and you are not entitled to any credit and/or reimbursement of the LTD Waiver Fee charged and/or paid that relates to the Uninsured Period.  You are responsible for any excess and any other costs associated with Your Insurance and You are responsible for any shortfall in repair or replacement costs of the Equipment following payment of any amount received under Your Insurance, including any loss We suffer as a result of not being able to hire the Equipment.

3.4 Where You have paid the LTD Waiver Fee, we will waive Our right to claim against You for loss, theft or damage to the Equipment if:

(a) for theft, you have promptly reported the incident to the police and provided Us with a written police report;

(b) You have co-operated with Us and provided Us with the details of the incident, including any written or photographic evidence We require:

(c) the loss, theft or damage does not fall into one or more of the circumstances set out in clause 3.6; and

(d) You have paid Us the LTD Waiver Excess.

3.5 The LTD Waiver Excess for each item of Equipment is the amount calculated as follows:

(1) (Replacement) where the Equipment is lost, stolen or damaged beyond repair:

(a) Subject to paragraph (b), the LTD Waiver Excess for each item of Equipment that is lost, stolen or damaged beyond repair will be the amount equal to the greater of:

(i)$1000; or

(ii)15% of the New Replacement Cost.

(b) Where the New Replacement Cost is less than $1000 the LTD Waiver Excess will be an amount equal to the New Replacement Cost.

(2) (Repair) where the Equipment is partially damaged and can be repaired:

(a) Subject to paragraph (b), the LTD Waiver Excess for each item of Equipment that is partially damaged and can be repaired will be the amount equal to the greater of:

(i) $1000; or

(ii) 15% of the repair cost.

(b) Where the repair cost of the Equipment is less than $1000, the LTD Waiver Excess will be an amount equal to the lesser of the repair cost and the New Replacement Cost

3.6 Even if You have paid the LTD Waiver Fee, we will not waive Our rights to claim against You for loss, theft or damage to the Equipment and LTD Waiver will not apply if the loss, theft or damage:

(a) has arisen as a result of Your breach of a clause of this Hire Agreement;

(b) has been caused by Your negligent act or omission;

(c) has arisen as a result of Your use of the Equipment in violation of any laws;

(d) has been caused by Your failure to use the Equipment for its intended purpose or in accordance with Our instructions or the manufacturer’s instructions;

(e) occurs to the Equipment whilst it is located, used, loaded, unloaded, transported on or over water, wharves, bridges or vessels of any kind;

(f) has been caused by a lack of lubrication or a failure to properly service or maintain the Equipment;

(g) has been caused by collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object due to insufficient clearance;

(h) has been caused by the overloading of the Equipment or any components thereof;

(i) is to motors or other electrical Equipment or components within the Equipment caused by electrical overload, a surge in electrical current or the use of under-rated or excessive lengths of extension leads with the electrical Equipment;

(j) is caused by exposure to any corrosive or caustic substance, such as cyanide, salt water, acid, etc;

(k) is caused by vandalism;

(l) is to tyres or tubes; or

(m) is to windscreens, mirrors, glass, or perspex.

If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then Perth Hills Hire shall be entitled to terminate this Contract.