“Contract” means the terms and conditions contained herein, together with any quotation, invoice or other document expressed to be supplemental to this Contract.
“Supplier” shall mean Rebel Hire Pty Ltd, its successors, or any person acting on behalf of and with the authority of the Supplier.
“Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting the Supplier to provide the Equipment for hire as specified in any quotation, order, or invoice, and:
if there is more than one Customer, is a reference to each Customer jointly ; and
if the Customer is a partnership, it shall bind each partner jointly and severally; and
if the Customer is a part of a trust, shall be bound in their capacity as a trustee; and
includes the Customer’s executors, administrators, successors and permitted assigns.
“Equipment” shall mean all Equipment (including any accessories) supplied on hire by the Supplier to the Customer. The Equipment shall be as described on the invoice or quotation as provided by the Supplier to the Customer.
“Minimum Hire Period” shall mean the Minimum Hire Period as described on the invoice or quotation as provided by the Supplier to the Customer.
“Confidential Information” means information of a confidential nature whether oral or in electronic form including, but not limited to, this Contract, operational information, financial and commercial affairs, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, medical insurance details or next of kin and other contact information (where applicable), and pricing details.
“Price” means the cost to hire the Equipment (plus any GST where applicable) as agreed between the Supplier and the Customer subject to clause 2 of this Contract.
“GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999”.
Price and Payment
Time for payment for the Services shall be of the essence and will be stated on the invoice and quotation. If no time is stated then payment will be due seven (7) days following the date of the invoice.
The Customer will not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
The Price is inclusive of GST, unless otherwise stated.
Details of the customers credit/debit card will be required for any damages/loss of any sort and will be discarded of when rental is returned in the same condition it was given and the Supplier is satisfied with the condition of the rental upon its return.
The Customer will:
keep the Equipment in their own possession and control and will not assign the benefit of the Equipment, pledge the Supplier’s credit for repairs to the Equipment, or be entitled to take a lien over the Equipment.
not alter or make any modifications to the Equipment including but without limitation altering, making any modifications to, erasing any identifying mark, plate or number in or on the Equipment or in any other manner interfere with the Equipment itself or its appearance.
keep the Equipment, complete with all parts and accessories, clean and in good order as picked up, and will comply with any maintenance as advised by the Supplier to the Customer for the upkeeping of the equipment;
keep the Equipment at the address that has been agreed upon with the Supplier and will not move the Equipment from this location unless written or verbal notice has been provided to the Supplier before movement of equipment can commence.
The Customer accepts full responsibility for the safekeeping of the Equipment and the Customer agrees to insure, or self-insure, the Supplier’s interest in the Equipment and agrees to indemnify the Supplier against physical loss or damage including, but not limited to, accident in any form, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Customer will not use the Equipment nor permit it to be used in any manner that would permit an insurer to decline any claim.
Immediately on request by the Supplier the Customer will pay:
any lost hire charges the Supplier would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;
all costs of repairing any damage caused by:
negligent actions (including but not limited to, damages to Hydraulic hoses or fittings) of the Customer or the Customer’s employees;
vandalism in any form or in any way whatsoever other than by the ordinary use of the Equipment by the Customer;
any insurance excess payable in relation to a claim made by either the Customer or the Supplier in relation to any damage caused by, and to, the hire Equipment whilst the Equipment is hired by the Customer and irrespective of whether charged by the Customer or the Supplier’s insures.
Return of the Equipment (“Return”) will be completed when:
the Equipment is returned by the Customer to the Supplier’s place of business.
All emails, documents, images or other recorded information held or used by the Supplier is Personal Information, as defined and referred to in clause 3, and therefore considered Confidential Information. The Supplier acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Supplier acknowledges that in the event it becomes aware of any data breaches or disclosure of the Customers Personal Information, held by the Supplier that may result in serious harm to the Customer, the Supplier will notify the Customer in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Customer by means of written consent, unless subject to an operation of law.
The Customer agrees for the Supplier to obtain from a credit reporting body (CRB) a credit report containing personal credit information (name, address, D.O.B, occupation, driver’s license details, electronic contact (email, medical insurance details or next of kin and other contact information (where applicable previous credit applications, credit history) about the Customer in relation to credit provided by the Supplier.
The Customer agrees that the Supplier may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
to assess an application by the Customer; or
to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and
to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
The Customer agrees that personal credit information provided may be used and retained by the Supplier for the following purposes (or required by):
the provision of Equipment; or
analysing, verifying and checking the Customer’s credit, payment or status in relation to the provision of Equipment; or
processing of any payment instructions, direct debit facilities or credit facilities requested by the Customer; and
enabling the collection of amounts outstanding in relation to the Equipment.
The Supplier may give information about the Customer to a CRB for the following purposes:
to obtain a consumer credit report;
allow the CRB to create or maintain a credit information file about the Customer including credit history.
The information given to the CRB may include:
Personal Information as outlined in 3 above;
name of the credit provider and that the Supplier is a current credit provider to the Customer;
whether the credit provider is a licensee;
type of consumer credit;
details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and the Supplier has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
information that, in the opinion of the Supplier, the Customer has committed a serious credit infringement;
advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
The Supplier will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
The Customer can make a privacy complaint by contacting the Supplier via e-mail. The Supplier will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at oaic.gov.au.
The Equipment shall at all times remain the property of the Supplier and is returnable on demand by the Supplier.
If the Customer fails to return the Equipment to the Supplier then the Supplier (as the invitee of the Customer) enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused.
In the event that the Equipment is not returned to the Supplier in the condition in which it was picked up the Supplier retains the right to charge the Customer the full cost of repairing the Equipment. In the event that Equipment is not returned at all and the Supplier is unable to repossess the Equipment as per clause 2 then the Supplier shall have right to charge the Customer the full cost of replacing the Equipment.
Security and Charge
In consideration of the Supplier agreeing to supply Equipment, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
The Customer indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under this clause.
The Customer irrevocably appoints the Supplier and each director of the Supplier as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 6 including, but not limited to, signing any document on the Customer’s behalf.
The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland the state in which the Supplier has its principal place of business.
The Supplier shall be under no liability whatsoever to the Customer for any indirect or consequential loss and expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of these terms and conditions (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Equipment hire).
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.