BUDJET TRAILER HIRE agrees to hire Equipment to the Customer on terms set out in this document. If the Customer wishes to hire Equipment the Customer must complete and sign (or otherwise accept in the manner required by BUDJET HIRE) a Hire Schedule and such other documents as BUDJET may require. Each Hire Schedule is not a separate contract but forms a part of this hire agreement between BUDJET and the Customer, together with any credit card guarantee for deductions and indemnity or other contractual documents. BUDJET may in its absolute discretion decline to hire Equipment to the Customer at any time. Amendment: These Hire Contract Conditions may be changed by BUDJET from time to time by BUDJET giving notice of the amendment to the Customer. Notice is deemed given (whether or not actually received) when BUDJET does any of the following: (a) sends notice of the amendment to the Customer at any address (including Calling the phone number provide in the event no answer text message sent) supplied by the Customer; (b) On the contract being signed on the day of hire).
1. Interpretation of Words in this Contract;
Commencement – The date when the Customer takes possession of the Equipment.
Equipment – Means any kind of equipment, vehicles or tools including but not limited to the following kinds of goods or goods suitable for the following kinds of uses: cleaning; cooling and/or heating; entertainment; waste management; landscaping and gardening: plumbing: fencing and covering: lifting: access; air and air compression; pumping and fluid management; welding; compaction; concrete & masonry; flooring; earthmoving; floor care and cleaning, generation and power distribution; ground equipment and shoring; ladders and scaffolding; propping; lighting; materials handling; offshore pumps; safety equipment; storage; site accommodation including portable buildings and portable toilets; traffic management including road barriers; signage; vehicles including trucks, vans and trailers, and includes tools and parts and accessories for any of the foregoing.
Hire Charge – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment. before taking equipment
Hire Period – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if Budjet Hire agrees. Budjet may issue and require the Customer to sign an amended Hire schedule for any extension of the Hire Period.
Hire Schedule – Means a document which Budjet may require the Customer to sign (or accept in a way Budjet requires) including particulars of the Equipment and the Hire Period and such other information as Budjet may decide to require. Budjet – The company listed on the Hire Schedule. in the reasonable opinion of Budjet, travelled during the Hire Period. Interstate travel — Requires larger deposit depending which state trailer is being taken to or through
BUDJET OBLATIONS TO CUSTOMER
2.1 Allow the Customer to take and use the Equipment for the Hire Period; 2.2 Provide the Equipment to the Customer clean and in good working order;
NOTE TO CUSTOMER: You must return the Equipment at your expense when due back unless you obtain a Customer written agreement from Budjet. Deliver the Equipment to Budjet when it is due back;
2.2 3.2 Return the Equipment to Budjet clean and in good repair; 3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes;
3.4 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Budjet or posted on the Equipment;
3.5 Indemnify Budjet for all injury and/or damage caused to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment; by the customer.
3.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorized by the Customer to do so and the Customer will not allege that any such person is not so authorized;
3.7 Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed;
3.8 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;
3.9 Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, and indemnify Budjet in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer;
3.10 Operate the Equipment with an adequate motor vehicle and/or power source; 3.11 Report and provide full details to Budjet of any accident or damage to the Equipment within immediately of the accident or damage occurring.
The Customer must NOT;
3.12 Tamper with, damage or repair the Equipment; 3.13 Lose or part with possession of the Equipment; 3.14 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;
3.15 Allow any person to drive a Tow the trailer if the person:
(a) only holds a Lerner’s driver’s licence, suspended , expired or revoked Motor Vehicle; or
(b) is affected by drugs and/or alcohol.
3.16 Exceed the recommended or legal load and capacity limits of the Equipment; 3.17 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment.
4. Payments by the Customer to Budjet
4.1 On or about Commencement (or as otherwise specifically agreed with Budjet), the Customer will pay the Hire Charge and deposits set out in the agreement. 4.2 Immediately on request by Budjet, the Customer will pay: (a) the new list price of any Equipment which is for whatever reason not returned to Budjet.
(NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment),
(b) all costs incurred in cleaning the Equipment; (c) the full cost of repairing any damage to the Equipment, unless expressly agreed otherwise in this Contract;
(d) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from Budjet supply or the Customer’s use of the Equipment;
(e) all costs incurred by Budjet in delivering and recovering possession of the Equipment; (f) a late payment fee calculated daily at 10% per month on all amounts owing by the Customer not paid on time; (g) the Kilometers Charge and any additional Hire Charges; for collection (h) the cost of fuels and consumables provided by Budjet and not returned by the Customer;
(i) any expenses and legal costs (including commission payable to a commercial agent) incurred by Budjet in enforcing this Contract; (j) all costs of repairing or replacing Tyres, including road service; and (k) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract.
4.3 Without limiting the ability of Budjet to recover all amounts owing to it, the Customer authorizes Budjet to charge any amounts owing by the Customer to any credit card or account details of which are provided to Budjet.
5 PPS Law
5.1 This clause applies to the extent that this Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation.
5.2 If Budjet does not have at Commencement a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period, (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than:
(a) 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or (b) a year in any other case.
5.3 Budjet may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which Budjet requires for the purposes of:
(a) ensuring that Budjet security interest is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling Budjet to gain first priority (or any other priority agreed to by Budjet in writing) for its security interest; and (c) enabling Budjet to exercise rights in connection with the security interest. 5.4 The rights of Budjet under this document are in addition to and not in substitution for Budjet’s rights under other law (including the PPS Law) and Budjet may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it Budjet security interest will attach to proceeds.
5.5 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires Budjet to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires Budjet to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement). 5.6 The following provisions of the PPS Law: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on Budjet. Customer agrees that in addition to those rights, Budjet shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Customer agrees that Budjet may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 5.7 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. 5.8 Budjet and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to Budjet the benefit of section 275 (6)(a) and Budjet shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 5.9 Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of Budjet. 5.10 Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless Budjet (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Budjet and must be expressed to be subject to the rights of Budjet under this agreement. Customer may not vary a sub-hire without the prior written consent of Budjet (which may be withheld in its absolute discretion). 5.11 Customer must ensure that Budjet is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 5.12 Customer must take all steps including registration under PPS Law as may be required to: (a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Customer to gain (subject always to the rights of Budjet) first priority (or any other priority agreed to by Budjet in writing) for the security interest; and (c) enabling Budjet and the Customer to exercise their respective rights in connection with the security interest. 5.13 To assure performance of its obligations under this agreement, the Customer hereby gives Budjet an irrevocable power of attorney to do anything Budjet considers the Customer should do under this agreement. Budjet may recover from Customer the cost of doing anything under this clause 5, including registration fees.
6 CUSTOMER’S LIABILITY in the following circumstances:
(a) where the Equipment is lost or stolen; (b) where the Customer has breached any clause of this Contract; (c) where the damage is caused by the negligence of the Customer or the Customer’s agent;
(d) where the damage is caused by vandalism, or in Budjet reasonable opinion in any way whatsoever other than by the ordinary use of the Equipment by the Customer;
(e) where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance;
(f) where the damage is to or caused by a truck mounted loading device; (g) where the damage is to Tyres; (h) where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road; (i) where the damage is caused in any way by overloading. (j) where the damage is to glass; 6.1 The Customer will pay Damage and Theft ,.
“VEHICLE DEPOSIT COVER DAMAGE NOT THEFT OR BEING LOST AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY in the following circumstances:
(a) where, in the case of theft or lost, the Customer is responsible for the full amount to replace the trailer / Equipment ;
(b) where, in the case of theft, the Customer has failed to submit to Budjet a Police Report & report to Budget on the theft within 12hrs of knowing of the theft allegedly occurring Budjet will file charge of theft against hire customer;
(c) where the Customer has breached any clause of this Contract; (d) where the theft is caused by the negligence of the Customer or the Customer’s agent;
(e) where the damage is caused by vandalism, or in Budjet reasonable opinion in any way whatsoever other than by the ordinary use of the trailer or equipment by the Customer; or
(f) where the damage is: • to or caused by a truck mounted loading device; • to Tyres; • to glass; • Caused while the trailer is being towed on any road that is unsealed or not a public road; or • Caused by overloading.
6.2 The Customer may pay an additional Theft Waiver Fee, by way of cash deposit $ set out in the contract to 100% the value of the equipment. as determined by Budjet in its discretion from time to time. The Equipment Theft Waiver DEPOSIT amount will be shown on the Hire Schedule. (The Damage Waiver on such Equipment will still be the same Basic Damage Waiver under clause 6.2)
Equipment Theft waiver does not Apply and Will not limit customer’s Liability for THEFT in the following Circumstances:
(a) where the Customer has failed to keep the Equipment in a securely locked compound; (b) where the Customer has failed to submit to Budjet a Police Report on the theft within 1 days of the theft allegedly occurring; (c) where the Customer has breached any clause of this Contract; or (d) where the theft is caused by the negligence of the Customer or the Customer’s agent.
6.3 Where Budjet determines that one or more of the circumstances in clauses 6.1, 6.2 or 6.3 applies, the relevant Damage or Theft Waiver will NOT apply unless the Customer is able to establish otherwise to the reasonable satisfaction of Budjet.
7 Customer not to Claim Damages
The Customer cannot recover from Budjet compensation for any damages (including for consequential loss) arising in respect of this Contract or the hiring or the use of the Equipment. NB This clause does not affect any rights the Customer may have under the Australian Consumer Law or other law if, and to the extent that, those rights may not be lawfully excluded or modified under this Contract.
8 Breach of Hire Contract by Customer
If the Customer breaches any clause whatsoever of this Contract, or becomes bankrupt, insolvent or ceases business then; 8.1 Budjet shall be entitled to:
(a) terminate this Contract, and/or (b) sue for recovery of all monies owing by the Customer, and/or (c) repossess the Equipment (and is authorized to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.
8.2 The Customer indemnifies Budjet in respect of any breach by the Customer of any provision of this Contract.
9 No Warranties
All warranties and conditions are excluded to the full extent permitted by law and Budjet’ only obligation resulting from a breach by it of any condition or warranty is limited to the supplying of the Equipment again or to the repair of the Equipment. NB This clause does not affect any rights the Customer may have under the Australian Consumer Law or other law if, and to the extent that, those rights may not be lawfully excluded or modified under this Contract.
10.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated at time of Hire Contract signing. In the event that no communication is received from the Customer at this time period, the Hire Charges are deemed to be accepted by the Customer.
10.2 If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due to Budjet), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
Budjet will comply with the National Privacy Principles in all dealings with Customers.
12 Governing Law
12.1 This Hire Contract is a payment claim under the Building and Construction Industry Security of Payment Act 1999 NSW, the Building and Construction Industry Security of Payment Act 2002 VIC, the Building and Construction Industry Payments Act 2004 QLD, the Building and Construction Industry Security of Payment Act 2009 SA, the Construction Contracts Act 2004 WA, the Building and Construction Industry (Security of Payment) Act 2009 ACT, the Building and Construction Industry Security of Payment Act 2009 TAS, and/or the Construction Contracts (Security of Payments) Act 2009 NT.
12.2 Except where Budjet in its discretion takes action against the Customer under any of the Building and Construction Industry legislation referred to in this clause, Budjet and the Customer agree that this Contract is governed by the law of the state of New South Wales, and the parties submit to the jurisdiction of the courts of that State. Effective – January 2012.