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Machine for Hire – Hire charges apply until Equipment and all accessories are returned
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Dry Hire Plant Terms and Conditions
In these Terms and Conditions:
(A) “Business Day: means a day other than a Saturday, Sunday or public holiday, on which banks are open for general banking business in each state and territory of Australia;
(B) “Hire Period” means the period that is quoted herein;
(C) “Market Value” is the replacement cost for the plant;
(D) “Plant” means all the equipment, tools, accessories and parts supplied to the Customer by or on behalf of AirFab;
(E) “Site” means the location of the site as specified in the Quotation, and
(F) “Workers” has the same meaning as the definition of workers in Section 5 of the Workers Compensation Act 1981 (Cth) (As Amended)
(G) “Agreement” refers to these Terms and Conditions
2.1 References to the Customer
Unless the contrary intention appears in this Agreement, a reference to the expression Customer includes its employees, servants and agents.
3. AGREEMENT TO HIRE
(A) The Customer agrees to hire the plant subject to the terms of this Agreement.
(B) AirFab retains full title to the plant while the plant is:
(i) leased to and in the possession of the Customer, or
(ii) attached to any land or buildings.
(C) AirFab will charge up front for the full hire period as quoted. If the plant is not returned on the expected hire termination date, AirFab will invoice the Customer monthly until all hire plant (including accessories) has been returned in full.
(D) If the goods are returned before the full hire period expires, the term/period/time quoted forms the minimum hire period and will be charged accordingly.
3.1 FORCE MAJEURE
If AirFab is unable to perform in whole or in part its obligations under this Agreement by reason of war, riots, terrorism, civil commotion, labour disputes, strikes, airport closure (in whole or in part), lockouts, inability to obtain labour or material, fire or other acts of elements (earth, water or air), accidents, government restrictions or appropriation, financial or economic catastrophe or other causes whether like or unlike the foregoing beyond its control so as to cause an adverse effect on its liability to perform its obligation then AirFab shall be relieved of those obligations to the extent that it is unable to perform and for as long as it is unable to perform no liability shall arise from the non-performance.
4. CUSTOMER HIRING OBLIGATIONS AND WARRANTIES
4.1 THE CUSTOMER MUST:
(A) Prior to the use of any plant determine the condition and suitability of the plant for the purpose required;
(B) Use the plant in a skilful and proper manner in accordance with the manufacturers published operation procedures and only for the purpose for which it was designed and within its designated capacity;
(C) Ensure that the plant is only operated by licenced, properly qualified and suitably experienced trained operators who do not suffer from physical or mental disability which impair their ability to properly operate or use the plant entirely in accordance with the manufacturer’s instructions as set out in the operations manuals for the plant;
(D) At is own expense, service, clean, fuel, lubricate and maintain the plant in good and substantial repair and condition, except for pre-arranged major servicing which will be carried out by AirFab during normal working hours;
(E) Clean the plant thoroughly upon the completion of hire;
(F) Not be entitled to claim any lien over the plant nor sell or transfer of encumber the plant nor, without AirFabs prior written consent, part with possession of the plant nor assign the benefit of this Agreement;
(G) Not remove the plant from site or allow it to be removed from the site, without AirFabs written permission;
(H) Not alter, make any addition, deface or erase any identifying, plate or number on or in the plant or in any other manner interfere with the plant;
(I) Pay to AirFab all Hire Charges and related charges relating to this hire;
(J) Ensure that all safety information and operating instructions supplied with the plant are conveyed to any person using the plant;
(K) Attach to the plant and maintain any safety signs supplied with the plant and bring them to the attention of any person using the plant and ensure that they are clearly legible by the operator of the plant;
(L) Ensure that all safety and operating instructions and notices are observed and not defaced or removed from the plant;
(M) Ensure that all operators of the plant wear suitable clothing and any protective equipment required or recommended by the manufacturers safety and operation instructions, or as recommended by AirFab, and
(N) Comply with the requirement as specified in the quotation.
4.2 AirFab may inspect the plant from time to time during the hire and for that purpose, the Customer shall permit and do all that is required to procure admission for representatives of AirFab to the site or premises upon which the plant is situated.
5.1 In this Clause 5.1 and Clause 5.2 the following definitions shall apply:
“Claim” means any claim, action, proceedings, demand, cost damage, loss, expense, liability, or other outgoing howsoever arising (whether or not presently ascertained, immediate, future or contingent);
“Company” means AirFab and related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)); and
“Personnel” means any and all personnel engaged by the Customer, including its directors, officers, employees, agents, consultants, invitees, subcontractors and any director, officer, employee, agent, consultant or invitee or any subcontractor.
5.2 INDEMNITY OF AIRFAB
Where any negligent act, error or omission of the Customer or its personnel causes any liability, loss, damage, claim, suit, action, demand, expense or proceeding of whatever nature whether arising under statute or at common law in respect of:
(A) Personal injury (which expression shall include illness, disability or death), of any persons whomsoever, or:
(B) Loss or destruction or damage to or loss of use of any property real or personal property (including, but not limited to, the plant), to AirFab, its directors, officer and employees, the Customer shall be liable for and shall indemnify and keep indemnified AirFab, its directors, officers and employees against the aforementioned liability, damage, claim, suit, action, demand, expense or proceedings.
6. INSURANCE – PROVIDED BY CUSTOMER
6.1 TYPE OF INSURANCE REQUIRED
The Customer shall at its own expense procure and maintain the following insurance:
(A) Insurance which is compulsory under the laws for the time being in force in the State or Territory where the plant is to be used:
(B) Public Liability insurance for an amount of ten million dollars ($10,000,000) to cover the Customers legal liability in respect of occurrences resulting in:
(i) Death or bodily injury (including illness) to any third party; and
(ii) Damage to property and consequential loss;
arising out of the hire of the plant or during the hire period.
6.2 SPECIFIC PROVISIONS RELATING TO INSURANCE
(A) The public liability policy referred to in this Agreement shall be endorsed to:
(i) Contain an indemnity extension to cover the interests of AirFab for the duration of the hire period; and
(ii) Include an extension to cover property including the plant, which is in the care, custody and or control of the Customer, its directors, officers and employees whilst on site for not less than the market value of the plant; and
(iii) Extend to cover mobile plant, tools of trade, tackle and lifting equipment which AirFab brings to site; and
(iv) Provide all of the provisions thereof, expect the limits of liability, shall operate in the same manner as if there was a separate policy covering each.
(B) General provisions as to the insurance to be effected by the Customer:
(i) The Customer shall before commencing work, lodge with AirFab certificates of currency and when requested, a copy of each of the insurance policies which are required to be arranged by the Customer.
(ii) The insurance arranged by the Customer shall be subject to approval by AirFab as to the adequacy and terms of insurance protection required and their continued existence and the Customer shall provide all such documentation, information and assistance as may be required by AirFab in this regard.
(iii) The sole responsibility for ensuring that the insurance cover to be arranged by the Customer hereunder is actually effected and at all required times remains current, shall at all times remain with the Customer. No approval by AirFab of certificates of currency or copies of policies shall be taken as representation by AirFab such insurance is adequate or be raised or pleased inbar to any action against the Customer for default in performing any of its obligations under this Clause.
(iv) The Customer shall at all times be responsible for complying with and abiding by the terms and conditions of the insurance arranged by them and for payment of all excesses or deductibles under the terms of such insurance policies.
(v) The Customer shall within seven (7) days of notification by any insurer, broker, underwriter or agent advise AirFab of any change or cancellation of the insurance referred to in this Agreement.
(vi) The effecting of insurance as required under this Clause shall not in any way limit the obligation or responsibilities of the Customer under the Agreement. Further, if the Customer fails to effect or to keep in force any of the insurance policies which it is required by this Agreement to effect, AirFab may, but shall not be obliged to effect and keep in force any such insurance policy and pay such premiums as my be necessary for that purpose and may recover as a debt due from the Customer the amount so paid:
(vii) If any condition relating to insurance contained in this Agreement is not complied with or lapses, the plant shall not be operated until all conditions set out in this Agreement have been complied with by the Customer.
7. BREAKDOWN OF HIRE PLANT
In the event of any plant breakdown or the plant becoming unsafe, the Customer shall notify AirFab immediately and return the plant to AirFab immediately. If the plant is deemed damaged or unsafe due to acts or negligence by the Customer, AirFab shall continue to charge for hire for any period that the plant is broken or unsafe. Such notification does not absolve the Customer from its requirement to safeguard the plant and in the event of a breakdown the Customer shall not repair the plant without the prior consent of AirFab. If the plant breaks down or becomes unsafe the Customer must immediately stop using the plant and must take all necessary steps to prevent injury to any persons or damage to any property as a result of the condition of the plant.
Any repairs or maintenance required to the equipment on return to our facilities including any loss of hire income shall be fully due and payable by the Customer to AirFab.
8. EARLY TERMINATION OF HIRE
8.1 EARLY TERMINATION
(A) If the Customer terminates the hire prior to the end of the minimum period which is the period quoted herein, then the Customer will pay to AirFab the balance of the hire charges.
(B) If the Customer commits any breach of this Agreement or permits to be done any act or thing whereby either parties rights in or to the plant may be prejudiced or has a winding up petition presented against it or be wound up, or go into voluntary liquidation or commit an act of bankruptcy or if a receiver or a receiver and manager of its assets or any of them is appointed or it makes an assignment or comprise for the benefit of it ceases to carry on business, the hire shall be terminated and the Customer shall pay to AirFab the balance of the hire charges and costs payable.