Conditions of Hire
Conditions of Hire-In these conditions, Owner means Bay 2 Bay Rental P/L, Hirer means the person or entity as customer on the face of this document, Equipment means equipment described on the face of this document. Hire is charged for time out NOT Time used, with a hire period of 8 hours machine time per day charged, 12 hours for weekend hire, including long weekend hire. Week Hire Period is 5 days which will equal 40 hours running time. Additional rates will be charged for hours over. It is the customer’s responsibility to select the right equipment to do the job, and understand the operation of hired equipment, and have received safe use instructions
The hirer shall pay the owners hire charges from the time the equipment leaves the owner’s premises until the time of return of the equipment to the owner in a fully operational condition unless agreed upon differently and confirmed in writing by the Owner. The equipment has been inspected by the hirer and accepted in good working order and condition. The hirer is responsible for the care and safety of the equipment from the time of signing this document until returned to the owner’s premises and a return docket issued by the owner. The hirer agrees to pay owner for any equipment lost or stolen while on hire at rates invoiced by owner, and repairs to equipment damaged while on hire as invoiced by owner
In the event of the equipment hired or any part thereof lost, stolen damaged or destroyed, the equipment shall nevertheless remain on hire until has served a sum the equal to the then current replacement values of the equipment. The equipment can then and only then is considered as returned to the owner.
If machine is stolen, with no recovery possible, a to be determined excess will be charged to the client, with required documents and procedures needed in accordance of Insurance Company requests, i.e. Police reports etc.
It shall be the hirer’s responsibility to ensure that all users and or operators of the said equipment are authorized and suitably trained in the safe use of the same, and where necessary hold a current certificate of competency relevant to the, or those pieces of equipment on hire. It is also the hirer’s responsibility to obtain all necessary approvals, permits or consents of any government, local or any other relevant authority and to ensure that the equipment is used strictly in accordance with those permits, regulations, inspectors and such.
By signing this contract/agreement the hirer agrees to be liable for damage to the equipment caused by, collision, accident, or any other of the following-
- Damage due to misuse, abuse or overloading of the equipment beyond manufactures operating instructions.
- Mysterious disappearance or wrongful conversion of the equipment
- Loss or damage in contravention of the condition of the contract or in violation of any statutory laws or regulations
- Loss of tools, chisels, drill bits, clips, accessories, grease guns, hoses, cables, fuels or other similar accessories
- Damage caused to tyres, tubes, trailers, and associated apparatus, not omitting puncture repairs
- Loss or damage relating from lack of lubrication as per manufactures operating instructions
- Loss or damage while being carried over water
- Loss or damage to motors or other electrical; appliances or devises caused by overloading or artificial electrical current, including under rated extension leads, power tools or machines.
- Misuse or abuse by the hirer
- Damage to windscreen and glass, wheels and tyres.
In the event of any equipment being damaged the hirer shall forthwith return it to the owner and on demand pay the owner a sum equal to the cost of repairing the equipment.
If any equipment breaks down, the hire shall continue until the owner is notified. The owner will not be liable for any debts incurred in repairing the equipment without owner’s prior written consent.
During the continuance of the hire the Hirer will not sell, offer for sale, assign, mortgage or otherwise deal with the equipment but will keep the equipment in its own possession and will not remove it from the state of Victoria without prior written consent of the owner and will protect the equipment against distress, execution or seizure and will indemnity the owner against all losses, costs, charges, damages and expenses incurred by the owner by reason of any breach of this condition.
The owner may terminate the hire at any time by notice in writing delivered to the hirer specifying the date from which termination will take effect and may recover the equipment thereafter and the hirer shall pay any costs occasioned thereby. The hirer hereby authorises the owner to enter the hirer’s premises/property at such time in order to affect such recovery. The owner gives no warranty express or implied as to the condition or quality of the equipment or as to the suitability or fitness of the equipment for any purpose. The owner is not liable for any delay, inconvenience, expense, injury or loss of any kind whatsoever whether caused by breakdown, non-performance, unsuitability, misdelivery, failure to deliver or unavailability of the equipment or the negligence of the owner or howsoever. The owner will not refund hire cost in any way, including transport, should the hirer order the wrong equipment.
The hirer agrees to indemnify the owner for any claims made against the owner for any loss , damage, or injury arising directly or indirectly out of the hire or use of the equipment which may be caused to that person or property not a party hereto whether by negligence of the owner or howsoever. The hirer specifically acknowledges the owner has the right to use and agree to the use of the credit card noted, and or attached to this contract or other credit cards provided to the owner from time to time, for any or all charges related to this contract. The hirer agrees to return the equipment by the due date as noted on the front of this contract. Failure to return equipment by this due date without extension as agreed by the owner can and will result in a criminal offence being reported to the police. All theft and damage of equipment after delivery/hire start is the hirer’s responsibility, including replacement and / or repair costs. The hirer agrees and acknowledges the sole responsibility for the safe keeping and security of the equipment lies with the hirer until such time as it is returned to the owner’s premises.
By signing this contract you are taking full responsibility that all machines are secured to trailers in the correct manner for the term of the hire. It is your responsibility to ensure that all trailers are correctly attached to your vehicle, and loads secure loads in compliance to all Vic Roads load regulations. Trailers must be attached to tow vehicle when loading and unloading machines. Storing machines on trailers, whilst unattached to tow vehicle is not recommended. If your tow bar rating is less than the required rating, you will not be allowed to take machine. If taking machines on your own trailers, you accept full responsibility for any damage, and its method of tie down. The Hirer agrees to return machines refuelled, and is aware that they will be charged on supplied credit card for any refuelling. Damaged or flat tyres will also be charged to the hirer, as well and cleaning charges.
You must also ensure that appropriate PPE is used when operating machinery
All weekend hires are to be returned prior to 8am on the Monday, unless prior agreement made.
Bay 2 Bay Rental agrees to:-provide the Hire Equipment to the customer in a clean condition and in good repair and working order*re-supply or repair the Hire Equipment if it fails to operate properly
Collection of Hire Equipment from the customer will be done within 3 days of being requested to do so.Any breakdown of equipment must be called through immediately. Repairs are not to be attempted yourself. .Should Bay 2 Bay Rental not to notified immediately of the break down and only informed on return, no machine or financial credits will be granted. ALL EQUIPMENT OFF HIRES MUST BE CALLED THROUGH TO OFFICE ON 5979 8885. Machines will remain on hire until this procedure has been completed. No Auto Pick up will be arranged and informing Bay 2 Bay Rental Drivers of off hire time frame will not be recognised. Late fees will apply for machines not returned within the specific agreed hire term,
All hires with a value exceeding $150 must be paid for with valid credit card, which will be recorded in lieu of deposit, and used for ongoing hire costs, including fuel, late fees and damage found after return, with receipts emailed/posted.
All overdue accounts will incur a 13% admin fee, invoiced from the overdue month until paid in full. Addition, costs involved for debt recovery will be additional charges passed onto customer