Terms and Conditions

“Additional Costs” means the addition costs specified in Item 7 of the Schedule; “Business Day” mean any day which is not a Saturday, Sunday or public holiday in Western Australia; “Condition Report” means a report prepared in accordance with clause 4.1; “Director” means a director or directors of the Renter, if any, specified in Item 2 of the Schedule; “Damage Waiver” means optional damage coverage as specified in clause 11.1; “GET” means Ground Engaging Tools, including but not limited to Pick holders, Drums, Chain, Sprockets, Base Plates, Tracks, Track Plates and Drive Sprockets. “GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth); “Hire Charges” means both the Rental Charges and the Additional Costs; “Hired Equipment” means the equipment specified in item 7 of the Schedule, and includes any and all accessories, tools, attachments, parts, manuals, instructions and transportable materials, substitute and replacement equipment unless indicated to the contrary; “Owner” means I.D Rentals Pty Ltd (ABN 14 106 597 086) trading as ID Fleet Hire. “PPSA” means the Personal Property Securities Act 2009 (Clth) and any regulations made pursuant to it. “PPSR” means the Personal Property Securities Register established pursuant to the PPSA; “Proceeds” has the same meaning as in the PPSA; “Remote Area” means a location greater than 50km from the Owners premises. “Renter” means the person specified in Item 2 of the Schedule; “Rental Payments” means the rental payments specified in Item 3 of the Schedule; “Security Interest” has the same meaning as in the PPSA; “Term” means the term set out in Item 2 of the Schedule. 2. Hire of Equipment & Hire Charges 2.1 The Owner agrees to supply to the Renter each item of Hired Equipment in clean and good working order for the Term commencing on the Commencement Date upon the terms of this Agreement. 2.2 The Renter shall pay the Owner the Hire Charges. The Renter shall return each item of Hired Equipment at the end of the Term, unless the Term is extended with the consent of the Owner. 2.3 If the Term for an item of Hired Equipment is extended pursuant to clause 15, or the Renter does not return an item of Hired Equipment on the due date, pro-rata Hire Charges shall be payable by the Renter until each item of Hired Equipment is returned. 2.4 The owner reserves the right to designate a minimum term for certain types of hired equipment. 3. Payment 3.1 The Owner shall provide a valid tax invoice in respect of the Hire Charges which are the responsibility of the Renter pursuant to this Agreement. 3.2 The Renter shall pay the Hire Charges each month during the Term from the Commencement Date until the end of the Term, or the Hired Equipment is returned to the Owner, whichever is later. 3.3 The owner reserves the right to impose a charge for accepting payments by credit card. 3.4 If payment is made by cheque, the cheque shall be collateral only and shall not discharge the Renter’s obligation to pay under this Agreement until the cheque has been cleared by the drawer’s bank. If the Renter’s cheque is dishonoured or if money owing pursuant to this Agreement remains unpaid after the due date, the Owner may require the return of each item of Hired Equipment until full payment is made of after payment has been made The Renter must at all times: (a) keep and maintain each item of Hired Equipment in proper working order and condition and in good and substantial repair (other than in relation to regular servicing or repairs envisaged by sub-clause 7.3 and must pay for all fuel and/or top-up oil (as appropriate); (b) comply with the reasonable requirements of the Owner as to any repair, removal or replacement or the remedying of any deficiency or defect in any item of Hired Equipment; (c) ensure that the Hired Equipment is operated and maintained safely, and strictly in accordance with any manufacturer’s and the Owner’s instructions and/or standards of operation, whether supplied by the Owner or the manufacturer or posted on the equipment; (d) ensure that all operators’ manuals and instructions are understood and followed by its operators; (e) ensure that operators use all personal and protective safety equipment, and also all safety equipment supplied by the Owner; 7.2 The Renter must not: (a) make any replacement, alteration or addition of any nature which may lead to a material reduction in the value of any item of Hired Equipment; or (b) take the Hired Equipment out of the State of hire, without the prior written consent of the Owner.