Terms & Conditions of Hire
This Agreement was last modified on 18 February 2016.
Hirer agrees to pay hire charges as set forth in this Agreement for all equipment described thereon from the day such equipment is delivered to Hirer up to and including the day such equipment is off-hired. The hire rate listed in this Agreement is firm for the period nominated.
Hunter Container Rental & Sales agrees to supply equipment of the type specified on an as available basis ex Hunter Container Rental & Sales’s depot locations in Australia. Hirer acknowledges receipt of the equipment hired hereunder in good condition as evidenced conclusively by its execution of this Agreement. Any time quoted by Hunter Container Rental & Sales for delivery of equipment is an estimate only and Hunter Container Rental & Sales’s is not liable for late delivery, or non-delivery, for any reason. Hunter Container Rental & Sales shall not be liable to Hirer for any consequential loss or damage arising from such delay or non-delivery or non-supply. The equipment covered by this Agreement will be located at the Hirer’s address listed in this Agreement for the duration of the hire. Written approval from Hunter Container Rental & Sales is required prior to any relocation of the equipment.
Hunter Container Rental & Sales, must receive payment of the invoiced amount, including GST, without deduction, within 30 days of the date of Hunter Container Rental & Sales’s invoice. If Hirer commits any act of insolvency, all money due and owing by Hirer to Hunter Container Rental & Sales, whether by way of credit or otherwise, will become due and payable immediately. Hunter Container Rental & Sales reserves the right to suspend, with or without notice, any deliveries of goods or services if any payment due by Hirer to Hunter Container Rental & Sales is overdue. Hunter Container Rental & Sales may also request credit card details from hirer and may upon signed agreement, process credit card payments for hire in advance. Hirer must pay all costs and expenses (including legal costs) that may be incurred by Hunter Container Rental & Sales in the attempted recovery of the overdue amount.
Hirer shall at its sole cost and expense, maintain the equipment in good repair and safe operating condition. Hunter Container Rental & Sales’s equipment is identified by appropriate lettering and numbering, which Hirer agrees not to change or obliterate, except that at the request of Hunter Container Rental & Sales, Hirer may change or supplement such marks, as Hunter Container Rental & Sales shall request. Hirer may, however, add other markings as may be required, provided that the equipment so marked when returned by Hirer to Hunter Container Rental & Sales, shall be free of all such markings. If Hirer fails to remove such markings, Hunter Container Rental & Sales may remove such markings for the account of Hirer. Hirer shall have no power to incur, and shall keep the equipment free from charges, liens or encumbrances. Hirer shall comply with all legislation, by-laws and regulations affecting the use of the equipment.
Containers shall be returned to Hunter Container Rental & Sales’s designated depot as listed in this Agreement. Equipment shall be off-hired on the date of physical redelivery into Hunter Container Rental & Sales’s depot. To confirm an off-hire, the Hirer must fax or email the attached Off-Hire Notification Form. Hirer is liable to Hunter Container Rental & Sales for all damage to or loss or destruction of the equipment subsequent to delivery and prior to return to Hunter Container Rental & Sales except that caused by normal wear and deterioration. Normal wear and deterioration shall not include damage by forklifts or other handling equipment, or changes, which could have been prevented by normal maintenance and/or reasonable care in use. Hirer agrees to redeliver containers in clean condition and free of labels and graffiti. Upon redelivery of containers, damage repair or cleaning costs shall be to the account of Hirer. Hirer will pay such repair or cleaning costs, including GST, without deduction, within 30 days of the date of Hunter Container Rental & Sales’s invoice. In the event of loss, theft, destruction of the equipment or damage thereto which Hunter Container Rental & Sales, in its sole discretion shall determine is not repairable, rental charges shall terminate upon receipt by Hunter Container Rental & Sales of written notice of such event, provided payment of the replacement value for the equipment as stated on the cover of this Agreement is made to Hunter Container Rental & Sales within thirty (30) days of such notice. If payment is not made within thirty (30) days, rental charges shall continue to accrue unabated until Hunter Container Rental & Sales receives such payment. Payments by Hirer shall not be applied to charges for the replacement value of equipment unless specified by Hirer. Should Hirer fail to return equipment upon termination of the Agreement Hirer agrees that all of its obligations (including, without limitations, the obligation to pay the hire charges) to Hunter Container Rental & Sales shall continue in effect until all equipment hired under this Agreement has been returned to Hunter Container Rental & Sales.
Hirer shall not have the right to assign this Agreement or to sublet, rent or otherwise hire out or part with possession of the equipment, to any other party without prior written consent of Hunter Container Rental & Sales and such consent of Hunter Container Rental & Sales shall not operate to relieve Hirer of any of its obligations hereunder. Hirer may not direct interchange equipment to another party.
Hirer’s obligations under this Agreement are absolute and shall not be affected by any circumstance or event beyond Hirer’s control, of whatever nature. Provided Hirer complies with all of the terms and conditions of this Agreement, Hirer shall have quiet possession of the containers.
Should Hirer default (i) in the payment of any sum due hereunder within ourteen (30) days of the date Hirer is invoiced by Hunter Container Rental & Sales, (ii) in the performance of its other obligations under this Agreement, or (iii) cease doing business as a going concern, become insolvent, commit an act of bankruptcy or become the subject of any proceeding under any bankruptcy act, or its counterpart under the law of any territory outside of the jurisdiction of Australia, then Hunter Container Rental & Sales may without notice and without releasing Hirer of its obligations hereunder, terminate this Agreement, declare the balance of the rental to be due and payable, and retake possession of the equipment free of any claims of Hirer, and for this purpose Hirer hereby irrevocably authorises Hunter Container Rental & Sales to enter upon any property occupied by Hirer for the purpose of removal of containers hired to Hirer. Hunter Container Rental & Sales may, in its sole discretion, waive a default by Hirer, but any such waiver or waivers shall not be construed to modify the terms of the Agreement between Hunter Container Rental & Sales and Hirer. In the event of such termination by Hunter Container Rental & Sales, Hirer shall no longer be in possession of the equipment with Hunter Container Rental & Sales’s consent and Hirer shall return the equipment to Hunter Container Rental & Sales’s designated depot as listed in this Agreement. Hirer shall continue to pay rental charges for equipment until the equipment is (i) returned in as good condition as received, normal wear and deterioration excepted, (ii) repaired and fit for subsequent rental, or (iii) settlement is made. Without limiting Hirer’s indemnity obligations under Section 9 of these Hire Terms & Conditions, should Hunter Container Rental & Sales retake possession of all or any part of the equipment, Hirer authorises Hunter Container Rental & Sales to take possession of any property in, on or attached to such equipment which is not the property of Hunter Container Rental & Sales, and without liability for its care or safekeeping, to place such property in storage at the risk and expense of Hirer. With regard to any equipment not returned to Hunter Container Rental & Sales within thirty (30) days of termination,
Hirer will then owe Hunter Container Rental & Sales an amount equal to the full replacement value as provided for in the Agreement, without regard to depreciation, for any equipment which has not been redelivered. Termination shall not relieve Hirer of any liabilities or obligations incurred prior to such return, repair or settlement. If Hirer shall neglect or omit to do anything in relation to the equipment whereby Hunter Container Rental & Sales’s interest therein may be adversely affected, then Hunter Container Rental & Sales may remedy such neglect or omission and all monies expended in so doing shall forthwith be payable by Hirer to Hunter Container Rental & Sales. Repayment shall carry interest at the rate of ten (10%) percent per annum accruing on a daily basis until full repayment is received by Hunter Container Rental & Sales.
Hirer shall indemnify and hold Hunter Container Rental & Sales harmless from all liability, damage, cost or expense (including, without limitation, expenses in defending any claim or suit such as attorney’s fees, court costs and other expenses) arising out of any (i) failure of Hirer to comply with its obligations under this Agreement; (ii) any claim whether private or governmental for personal injury or death, and for loss of or damage to person, property, cargo or vessels arising out of or incident to the ownership, selection, possession, leasing, operation, control, use, storage, loading, unloading, moving, maintenance, delivery or return of the equipment; (iii) any forfeiture, seizure, or impounding of, or claim of charge, lien or encumbrance on the equipment. Each party undertakes promptly to give notice to the other of claims against it or action against it with respect thereto and Hirer agrees not to settle any action without the consent of Hunter Container Rental & Sales.
To the extent permitted by law, Hunter Container Rental & Sales and its servants and agents are not liable for any loss or damage (including without limitation loss or damage caused by the negligence of Hunter Container Rental & Sales, or its servants or agents, and incidental and consequential loss or damage) arising from or in connection with the supply of goods or services.
To the extent permitted by law, the liability of Hunter Container Rental & Sales or its servants or agents (including liability for negligence) is limited to the replacement or re-supply of equivalent goods or the cost of such replacement or re-supply (whichever is the lesser); or the re-supply or the cost of the re-supply of services (whichever is the lesser).
The equipment is hired as is. No condition or warranty whatsoever of any kind has been given by Hunter Container Rental & Sales, and all conditions and warranties whether expressed or implied, whether in relation to the fitness of the equipment for any particular purpose or country, or whether in relation to merchantability or as to description, state, quality or condition of the equipment at delivery or at any other time are hereby waived, excluded and extinguished. Hunter Container Rental & Sales is not liable for any loss or damage Hirer may suffer if Hunter Container Rental & Sales cannot do what it has promised because of events beyond its reasonable control.
Hirer agrees that Hunter Container Rental & Sales will only hire equipment, itemised in a Quotation or otherwise, pursuant to this Agreement, and any additional term included in the Quotation. An agreement between the parties may not be varied without the prior written consent of Hunter Container Rental & Sales.
The failure, delay, relaxation or indulgence on the part of Hunter Container Rental & Sales in exercising any power or right conferred upon Hunter Container Rental & Sales by this Agreement does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under this Agreement.
The laws applying in New South Wales, Australia, govern this Agreement.
The parties agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
This Agreement is qualified by any provision of a law which applies and which cannot be excluded. If any provision of this Agreement is deemed to be unlawful or unenforceable, such provision shall be severed from this Agreement and all other provisions hereof shall remain in force
