Terms & Conditions
USE OF EQUIPMENT:
The hirer must at all times use the equipment in a responsible and safe manner and must not tamper or damage the equipment. The hirer agrees and accepts that the use of equipment carries danger and risks.
Other than reasonable wear and tear, the equipment should be returned in a clean and maintained condition, at the hirer’s expense. If hiring a motor vehicle, the hirer must hold a suitable licence and not operate the vehicle under the influence of drugs and/or alcohol. All recommended and legal load capacity limits must be followed.
Before returning the equipment, the hirer must properly clean the equipment at his/her own expense. If the hirer fails to do so, the cost of cleaning the equipment may be deducted from the deposit.
The hirer shall be responsible for all delivery charges as agreed at the time of hire, except when the period of hire is determined and the equipment is returned to the owner due to a breakdown or failure caused by reasonable wear and tear and not by the hirer’s negligence or misuse or any other reason whatsoever.
DAMAGE TO EQUIPMENT:
The hirer agrees to not attempt to repair any damage to equipment and will contact Able Hire if damage or breakdown occurs. The hirer shall be responsible for any loss of or damage to the equipment for any reason whatsoever except loss of damage which is caused by reasonable wear and tear. It is agreed that upon the completion of the period of hire the whole or any part of the cost of replacement of or repair to the equipment may be deducted from the deposit.
DAMAGE TO PROPERTY OR PERSON:
To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period.
PERIOD OF HIRE:
The period of hire shall commence from the commencement date and time as shown on the hire contract or the time the equipment is delivered to the hirer whichever is the latter and will cease when it is returned to the owner or, if he/she notifies the owner that the equipment is available for return at a particular place, when it is picked up by the owner from such place provided that the owner shall cause the equipment to be so picked up within five (5) days after receipt of such notification.
The period of hire may be extended if the hirer requests for an extension and is approved by Able Hire. In this case we require 24 hours notice.
In hiring equipment from Able Hire you agree to the charges outlined in the contract you receive upon hiring the equipment. Should you return the equipment sooner or later than this contract states hire fees will be adjusted accordingly provided you have given 24 hours notice.
In hiring this equipment you agree to pay any for any consumables supplies, such as fuel, sand paper or other trade materials. The amount of fuel you return will be calculated upon the completion of the hire and, if necessary, a refund may be given.
In the event of a breakdown or failure of the equipment the hirer shall return the equipment to Able Hire and on no account repair or attempt to repair the equipment without the prior consent of the owner. In the event that such breakdown or failure is caused by reasonable wear and tear and not by the hirer’s negligence, misuse or any other reason then the period of hire shall be determined upon such return of the equipment to the owner. In no event shall Able Hire be responsible for any expenditure damages and/or loss incurred by the hirer arising out of any breakdown or failure of the equipment whether caused by fair wear and tear, negligence on the part of the owner or any other reason whatsoever.
TERMINATION OF HIRE:
Able Hire may at any time terminate the hire contract and repossess the equipment in any of the following events:
a. If the hirer fails to pay any hiring charges within two days of the due dates
b. If the hirer shall do or permit any act or thing whereby the owner’s rights in the equipment may be prejudiced
c. If the hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a hirer being a limited company, should an order be made or a resolution passed for the winding up of such company
d. If the hirer commits any breach of this agreement – for the purpose or repossessing the equipment, the owner may enter into or upon any premises where the equipment may be, without prejudice to the rights of the owner to recover from the hirer any monies due hereunder or any damages for breach hereof and the hirer indemnifies the owner in respect of any claims, damages or expenses arising out of any action taken under this clause.
This agreement may not be transferred or assigned to any other party without the consent of the owner.
Provided the hirer signs the agreement where indicated on the hire contract Able Hire will waive its right to claim from the hirer for any damage sustained or loss incurred to the equipment in excess of 10% of the list price then current of the equipment, or $400, which is caused by flood, fire, storm and tempest, earthquake, collision, accident or theft provided however, in the instance of theft of the equipment the hirer has promptly reported the theft to the police and produces satisfactory evidence of this to the owner. Provided however that such waiver will not be applicable in the following instance;
a. Misuse, abuse or improper operations or servicing by the hirer
b. Misappropriation or conversion by the hirer, his service, employees or agents
c. Breach of any condition of this agreement, or in contravention of any Act of Parliament or regulation, by-law or ordinance passed whether by Commonwealth, State or by Local Government authority
d. Loss or damage to any tools, accessories or ancillary equipment such as but not limited to air lines, tyres, tubes, drill, bits.
e. Loss or damage while being transported, used, located, loaded or unloaded over water in any manner whatsoever
f. Loss or damage occurring in doubtful circumstances
g. Loss or damage to motors or other electrical appliances or devices caused by overloading or artificial current, including use of under rated extension leads on electrical powered tools and machines
h. Loss or damage where machine was not secured behind locked gates or buildings