5 Moss Street, Slacks Creek Qld, 4127
Phone: (07) 3208 3977
Fax: (07) 3808 8490
Email: sales@buildershirecompany.com.au
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The following are the terms and conditions of the contract for the hire. Made on the date shown on the face of this document between THE BUILDERS HIRE COMPANY, herein called "the Owner" and "the Hirer". Whose name appears on the face hereof in respect of the hire or rental of the goods, plant or equipment described on the face hereof and hereafter called "the Equipment".

The Hirer agrees:

1) The Hirer will pay the owner the hire charges at the rate shown for the hire period from the time the equipment leaves the owners premises until the equipment is returned to the owner's premises.

2) The hire charges will be calculated on the basis of the rate quoted from time to time. The hire rates do not include the cost of fuels.

3) The Hirer further will pay for the goods at the hire charge rates until the Owners equipment is returned to the Owners premises. Any additional hiring charges will be paid by The Hirer when the equipment is returned to the Owner.

4) The Hirer will pay the quoted rates for the delivery and pick up of the equipment.

5) The Hirer accepts full responsibility for the safekeeping of the equipment and shall hold the owner indemnified against any loss or damage to (including theft of) the equipment or any part thereof, including tools, accessories and equipment supplied with the equipment, howsoever caused shall reimburse the owner for such loss of the basis of the full replacement value of the equipment, or the full repair cost of the equipment irrespective of the age or condition of the equipment forthwith. Until such time as the equipment has been replaced or the funds, as aforesaid, made available for the full repair cost of the equipment the hire charges will continue.

6) The Hirer undertakes that he shall use and operate the equipment in a safe, skillful and proper manner strictly in accordance with the manufacture's instructions and in accordance with the requirement of any Federal, State or Local Laws, regulations and ordinances.

7) The Hirer shall operate the equipment at his own expense and shall clean, service and maintain the equipment in good and substantial repair and condition.

8) The Hirer will ensure that all necessary permits for the operation of the equipment are obtained where required, and that all laws and statutory regulations and ordinances are observed. The Hirer will meet all fines incurred incidental to the operation of the equipment.

9) The Hirer will not hire, subhire, sell, assign, mortgage, pledge, lend or otherwise deal with or in any way dispose of the equipment or otherwise part with possession of the same or any part thereof or allow any such thing to occur.

10) The Hirer will keep the equipment on the site address shown on the face thereof and shall not remove the same to any other address without the owner's consent.

11) The Hirer acknowledges and agrees that the owner, its servants and agents will not be liable to the hirer, his servants, agents or any third parties for any loss or damage howsoever caused (and whether direct, indirect, special, consequential or otherwise) arising out of or incidental to the hire or use of the equipment and whether in any way involving negligence or otherwise. The Hirer agrees that he will indemnify and hold indemnified the owner, its servants and agents from all loss, damages, actions, suits, claims and demands of any description whatsoever and howsoever (whether directly or indirectly or otherwise) from the hire, use, maintenance, loading, unloading, transportation or operation of the equipment or any part thereof or otherwise, whether arising from the negligence of the owner, its agents or otherwise. In addition the owner will not be liable to the hirer, its servants or agents or third parties for any loss, damages, actions, suits, claims and demands of any description whatsoever and howsoever arising (whether directly or indirectly or otherwise) from representations, warranties of the equipment or otherwise and whether resulting from the negligence of the owner, its servants, agents or otherwise. To the extent that this clause is in any way inconsistent with any other clause within this contract, then this clause shall override other clauses and be of paramount force.

12) Any liability on the owners part or on the part of its servants or agents for damage or loss for or in respect of any claim (and whether or not such liability results from or involves negligence) arising out of or in connection with the relationship established by this agreement or any conduct under or pursuant to it other than liability which is excluded by clause 12 hereof, shall not in any event exceed fifty dollars ($50.00).

13) In the event that the hirer shall make default in punctual payment of any monies payable hereunder, or shall fail to observe the terms and conditions hereof or becomes bankrupt, insolvent, or enters into any deed of arrangement or composition with hie creditors or suffers execution to be issued against him, or being a company goes into liquidation voluntarily or otherwise, the hiring at the option of the owner forthwith be terminated and the owner shall be entitled to lawfully retake possession of the equipment. The determination of the hiring pursuant to this clause shall be without prejudice to and shall not effect the other rights of the owner to remove from the hirer any monies payable by the hirer pursuant to this contract and any and any damages for breach of this contract.

14) The Hirer, at the end of the hire, or in the event of determination of this agreement by the owner, irrevocably authorises the owner, its servants and agents to enter any land or premises of the hirer or under the hirers control and take possession of the owners equipment thereon or therein, whereupon this agreement shall be at an end, except that each party shall be liable to any prior breaches of this contract.

15) The hirer acknowledges that there are no warranties made by the owner, either expressly or impliedly, that extends beyond the description of the equipment on the face hereof.

16) The hirer shall return the plant and equipment clean at the completion of the hire period or shall pay to the owner such reasonable cleaning charges as the owner shall determine. The owner shall be entitled to apply any monies held by the owner under this agreement against any hire, delivery, pickup, repair and cleaning or other charges.

17) In using the equipment hired, the hirer shall use only such fuels and lubricants as shall be approved by the owner.

18) In the event that any monies due and owing under this agreement shall be outstanding the hirer agrees to pay ten per centum (10%) per annum chargeable monthly as and by way of interest on all monies outstanding from time to time.

19) In the event that the equipment shall break down, the hirer shall notify the owner immediately. The owner shall not be responsible for delays in repairing the equipment.

20) The hirer acknowledges that he has been instructed on how to transport, load, unload, operate and maintain the equipment safely, skillfully and properly.

21) In the event that the equipment is returned with less than a full fuel tank, the hirer shall pay to the owner the costs of refueling the equipment.