Special requirements / payment terms
Full payment is due at the time of booking. Cancellation fee may apply depending on notice given.
(a) This rental Agreement is purely one of equipment rental and no transfer of title applies. Title of the goods remains with Power Master Generators Pty Ltd ABN 37 247 331 736 for the term of this Agreement. The Customer is a bailee only and shall not sell the equipment to any other party.
(b) Power Master Generators is entitled to separately charge for consumables supplied by POWER MASTER GENERATORS for the everyday operation of the equipment pursuant to this Agreement.
(c) The equipment is to remain under the care and control of the Customer.
(d) The Customer shall permit POWER MASTER GENERATORS staff or agents appointed by POWER MASTER GENERATORS to enter the premises where the equipment is located in order to inspect the equipment or to carry repairs at times which are deemed necessary by POWER MASTER GENERATORS.
(e) The equipment is to be used in a proper manner with care taken to ensure the equipment is kept in the same condition supplied for rental. Failure to comply will result in additional charges applying on return of the equipment.
(f) This Agreement will be construed and governed by laws applicable in the State of Queensland.
(g) It is the responsibility of hire/driver to ensure trailer is correctly fitted to tow vehicle before leaving hire depot and throughout period of hire.
2. Customer’s Hire Obligations
(a) Suitability: The Customer is deemed to be satisfied as to the suitability, condition and fitness for purpose of the Plant. The Owner gives no warranty that the plant is suitable for the Customer’s purpose.
(b) All plant requiring fire extinguishers will be tested prior to going out. It is the customer’s responsibility to re-stamp the fire extinguisher once on site (This is a site requirement and not a machine requirements) e.g. same as tagging electrical equipment.
(c) All electrical equipment has been safety checked, tested, and tagged by the Owner prior to hire in accordance with the relevant latest applicable Australian Standard(s) and Regulatory Authority requirements. While any electrical equipment is on hire, the Customer is responsible for arranging at the Customer’s cost the re-testing of the electrical equipment by the manufacturer’s agent in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements. The Owner is able to arrange, at the Customer’s cost, for such re -testing and re - tagging of the electrical equipment. Any damage caused to the Plant resulting from incorrect testing shall be at the Customer’s cost.
(d) The hirer will be held responsible for any traffic infringements or road toll violations.
3. Operation of Equipment: The Customer warrants that at all times they will:
(a) operate the Plant safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions.
(b) ensure persons operating or erecting the Plant are suitably licensed, instructed / trained in its safe and proper use and where necessary hold a current Certificate of Competency.
(c) return the Plant to the Owner in the same good and clean condition it was in when the Customer receives it, ordinary fair wear and tear excluded, or a cleaning charge may be incurred.
(d) display, maintain all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Plant.
(e) ensure all persons operating the Plant wear suitable clothing and protective equipment as required or recommended by the manufacturer or by the Owner.
(f) ensure that no persons operating the Plant are under the influence of drugs or alcohol.
(g) conduct a job safety analysis prior to using the Plant at a site.
(h) accept responsibility for the safe keeping of and insuring the Plant during the hire period.
(i) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Plant; and
(j) comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Plant. The Customer indemnifies and agrees to keep the Owner indemnified against any environmental loss, cost, damage or expense incurred or which may be incurred by the Owner arising from the use of the Plant under this Hire Agreement.
4. Operator
If the Owner supplies an operator to operate the Plant (“Operator”), the Operator shall be under the sole direction and control of the Customer and shall during the hire period be deemed to be the employee of the Customer and the Customer shall not allow any other person to operate the Plant without the Owner’s prior written consent. The Customer indemnifies and agrees to keep the Owner indemnified against any claims brought against the Owner arising out of the supply of an Operator by the Owner.
2. Period of Rental
(a)The hire period commences at the time the Goods leave the Company’s depot and ends at the time the relevant Goods are returned to the Company’s depot.
(b)The minimum hire period is one day unless otherwise agreed between the parties in writing.
(c) The Company may terminate the hire of any Goods under these Standard Terms at any time by giving the Customer not less than 24 hours prior written notice of the termination.
Hire rate is based on one 12-hour shift per day. Each additional shift worked per day is charged at an extra 30% of daily rate.
3. Warranty
POWER MASTER GENERATORS warrants that each item of equipment hired is of merchantable quality and reasonably fit for the purpose for which it was designed. Customer acknowledges that it has not relied upon any statement by POWER MASTER GENERATORS in respect of Customer’s purpose for utilisation of equipment and that POWER MASTER GENERATORS is not responsible or liable for the failure of equipment to perform the purposes required by the Customer.
4. Maintenance
POWER MASTER GENERATORS undertakes to provide maintenance for defective equipment during the rental period at its own expense if verified that the defects were through no fault of the Customer. No outside repairers may be used without the written permission from POWER MASTER GENERATORS. POWER MASTER GENERATORS may choose to replace equipment instead of repair equipment.
The Customer: (a) must take all due care of the Goods while the Goods are in the Customer’s possession or control; (b) must ensure the Goods are kept in a good and merchantable condition; (c) must conduct daily checks of batteries, oil and water levels, belts and tyre conditions in respect of all Goods, (d) must only use fuel, oils and lubricants approved by the Company in connection with the Goods:
(e) must comply with all requirements of the Company in relation to the storage, handling, maintenance and preservation of the Goods irrespective of the manner in which such requirements are communicated to the Customer; (f) must take all necessary steps to ensure that the Goods is not damaged or destroyed; and (g) must use the Goods only for the uses the manufacturer intended. 3.2 The Customer will be liable for and indemnifies the Company in respect of any damage caused to any Goods as a result of the continued use of Goods after a malfunction of defect becomes evident or would have become evident if the Customer has properly complied with its obligations under these Standard Terms. 3.3 The Customer must not move or relocate the Goods from the nominated job site to another location for any reason whatsoever unless it first obtains the written consent of the Company. If the Company’s service technician calls on the nominated job site and the Goods have been removed without the Company’s prior written consent, the Customer will be liable for the cost of the call in addition to the actual hire charges. 3.4 If: (a) all or part of the Goods break down during the hire period; (b) the Customer has not caused or contributed to the breakdown of the Goods; (c) the Customer has at all times complied with its obligations under these Standard Terms; and (d) the Customer is not liable under these Standard Terms for the cost of repair or replacement of the Goods, then, as soon as practicable after receiving written notice of the breakdown from the Customer, the Company will: (e) in the case of minor faults in the Goods, rectify those minor faults; and (f) in the case of a major breakdown, either repair or replace the Goods with similar Goods (at the Company’s option). 3.5 Upon completion of the hire, the Goods must be properly cleaned by the Customer to the reasonable satisfaction of the Company. 3.6 The Customer: (a) must return the Goods to the Company at the end of the agreed hire period in a good and merchantable condition; and (b) is liable for and indemnifies the Company in respect of any replacement of or repair to the Goods that is required as a result of any failure by the Customer to comply with its obligations under these Standard Terms.
(c) The Customer must not move or relocate the Goods from the nominated job site to another location for any reason whatsoever unless it first obtains the written consent of the Company. If the Company’s service technician calls on the nominated job site and the Goods have been removed without the Company’s prior written consent, the Customer will be liable for the cost of the call-in addition to the actual hire charges.
5. Cleaning, Maintenance and Service: The Customer must:
(a) clean, fuel, lubricate and maintain the Plant in good condition and in accordance with the manufacturers and the Owner’s instructions at the Customer’s cost; and
(b) not in any way alter, modify, tamper with, damage or repair the Plant without the Owner’s written consent.
(c) at its cost, service the Plant as required by the service schedule of the Plant and supply all coolants or lubricants for these services. Servicing will be required at 250hrs or 1000km if the plant is mobile and does not have an hour meter. The Owner will supply at no cost to the company enough filters and replacement parts required to affect these services.
5.1Pre-Start Checks: The customer will conduct weekly “pre-start” checks on all equipment covered under this hire agreement, enter the results of such tests on check sheet supplied by the Owner (or suitable alternative) and send these, immediately, to the Owner by text on number 0488378000 or email info@powermastergenerators.com.au.
5.2 Safekeeping: The Customer must ensure that during the hire period the Plant is stored safely and securely and is protected from theft, seizure or damage.
5.3 Notices, Information and Identifying Marks: The Customer must not alter, deface, remove or erase any notices, safety information, identifying mark, plate or number on the Plant.
5.4 Inspections: The Customer consents to the Owner inspecting the Plant from time to time during the hire period. In addition, the Customer may arrange a joint inspection with the Owner at the end of the hire period.
5.5 Safe Loading and Transport: The Customer will ensure the safe loading, securing and transporting of all Plant in accordance with all laws and manufacturers’ guidelines. The Customer and any transporting contractor shall observe any safety directions given by the Owner and/or manufacturer of the Plant for its loading and safe handling.
6. Equipment Breakdown
5. Early Termination of Agreement
(a) POWER MASTER GENERATORS expressly reserves to itself the right of early cessation, which may be exercised on demand and at the absolute discretion of POWER MASTER GENERATORS. In the event that POWER MASTER GENERATORS so demands the Customer shall forthwith return equipment to POWER MASTER GENERATORS. The applicable rental shall be adjusted and payable on a pro rata basis. For the purposes of pro rating, a week shall be seven days and a month shall be 30 days.
(b) In the event that the equipment does not function as warranted or in the event of any breach by POWER MASTER GENERATORS of the Agreement then to the extent permitted by law the liability of POWER MASTER GENERATORS (if any) for any loss, damage or injury whatsoever shall be restricted to the amount of the rental for the duration of the rental period in which the breach occurs and POWER MASTER GENERATORS shall not be liable for any item of so called consequential loss.
6. Risk of Equipment
The Customer is responsible for the safekeeping of rental equipment and must take adequate measures to guard against loss, theft, damage or destruction. For this purpose, insurance is to be at the expense of the Customer and provide us with a certificate of currency of insurance covering the Customer and Power Master Generators. Should any damage or loss occur the Customer shall be charged the amount that is determined by POWER MASTER GENERATORS to replace the equipment. Liability for rental payments will continue until such date that POWER MASTER GENERATORS received full recovery of cost.
7. DAMAGE WAIVER
(a) Unless the hirer directs in writing the hirer will be charged a waiver fee (which is not insurance) (calculated at 12.5% of the hirer rate) and on payment of the waiver fee the company agrees to waive it’s right to claim from the hirer for any loss or damage to the equipment in excess of the sum (“hirer liability”) equal to 10% of the list price of the equipment or $1,000.00 (whichever is greater)
(b). Upon payment by the hirer of the waiver fee and the hirer liability the company shall be responsible for the cost of repair or the replacement of the equipment subject to the exclusions set out in clause 16.5
(c) This clause in no way entitles the hirer to compensation or implies the availability of compensation from the company for any liability incurred by the hirer in relation to the use of the equipment.
(d) This damage waiver will not continue to operate after the expiration of the term of hire contract unless an extension by the company is granted in writing and an additional waiver fee is paid.
(e) This clause does not apply to loss or damage which relates in any way to or arises from:
f) The theft of the equipment:
g) The loss of the equipment:
h) The breach of any statutory laws or regulations in connection with the use of the equipment by the hirer:
i) The misuse, abuse willful or malicious acts negligence or direct misuse and or overloading of the equipment:
j) The theft or damage by whatever means of tools or accessories supplied with the equipment:
k) The lack of lubrication or non-adherence to other normal maintenance resume that could usually be expected of the hirer:
l) The disregard of instructions given to the hirer by the company in respect to the proper use of the equipment or conduct in contradiction of the manufacturer’s instructions if supplied with the equipment at the time of hiring:
m) The unexplained disappearance of the equipment:
n) Theft of the equipment in circumstances when onsite security is available including but not limited to lock yards, buildings and shed where security is not used by the hirer to secure the equipment while they are left unattended:
o) Loading or offloading of the equipment from maritime vessels transportation of equipment on maritime vessels or use of equipment on a lawful bridge or over a body of water:
p) Loading or offloading off hired goods using any lifting device causing the equipment to leave the earth’s surface for any reason:
q) The failure by the hirer to comply with any of these standard terms.
8. LIABILITY AND INDEMNITY. Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the equipment during the term of this Rental is the obligation of the Customer, and the Customer shall indemnify and hold the Company harmless from and against all such liability. Customer shall maintain liability insurance of at least $15,000,000.00 unless waived in writing by the Company.
9. Rental / Hire Payments
(a) All rental payments are due in advance of the rental and are to be paid on a daily/weekly/ monthly basis as billed. The initial rental payment is to be received prior to collection of the equipment.
(b) The Customer shall be responsible for reimbursement to POWER MASTER GENERATORS of all Stamp Duty, Goods and Services Tax or like duties or levies applicable by virtue of this transaction and shall reimburse POWER MASTER GENERATORS for any such duty/is payable by POWER MASTER GENERATORS in respect of the rental of the equipment.
10. Delivery
Delivery and Collection by courier to the Customer’s site is available and will be charged at POWER MASTER GENERATORS’s standard rates. Alternatively, the delivery and collection of rental equipment is the responsibility of the Customer. POWER MASTER GENERATORS can arrange for technical staff to do on site installation or collection. This service will be charged at standard hourly rates.
Except in the circumstance where Customer has made arrangements agreed by Owner, it is the Customer’s responsibility to return the Equipment to POWER MASTER GENERATORS branch hired from during normal business hours.
If Owner has agreed to collect the Equipment from the Customer, The Customer must ensure it is kept safe and secure until the time of collection.
11. FORCE MAJEURE
If the Company is prevented, hindered or delayed from performing its obligations under these Standard Terms by an event of force majeure (being the occurrence of an event or circumstances beyond the reasonable control of the Company), then as long as that situation continues, the Company shall be excused from performance of the obligation to the extent it is so prevented, hindered or delayed, and the time for performance of the obligation shall be extended accordingly.
12. Default by the Customer
Should the Customer fail to pay the rental payments and immediate action is not taken by the Customer to rectify this situation, the equipment will be removed by POWER MASTER GENERATORS and charges applied for rentals due plus recovery costs. Payment of these charges will be immediately due.
If a Default Event occurs, then, without in any way affecting the Company’s other rights, the Company may:
a) require immediate payment of all amounts outstanding (whether or not then due and payable) and sue for all unpaid amounts irrespective of the due date for payment of such amounts.
b) terminate the hire of any Goods.
c) retake possession of all Goods and Security Interest Products without prior notice to the Customer.
d) collect, realise and sell the Charged Property to satisfy the Customer’s indebtedness to the Company (or appoint a receiver, administrator or appropriate person to do so); and
e) recover from the Customer all Liabilities, costs and expenses (including legal costs on an indemnity basis) incurred or suffered by the Company as a result of the Default Event (including Liabilities, costs and expenses incurred in the recovery or attempted recovery of any overdue amounts or the exercise of the Company’s other rights);
f) exercise or enforce all or any of the Company’s rights, powers or remedies:
g) conferred by any Law.
h. under or arising in connection with the Standard Terms, the Charge or a Security Interest; or
i). arising in any other way whatsoever; or g) engage in any combination of the above.
The Customer grants to the Company and the Company’s Agents an irrevocable license to enter the Customer’s Premises at any time and without prior notice for the purposes of:
a) inspecting the Goods and Security Interest Products;
b) verifying compliance by the Customer with its obligations under these Standard Terms;
c) identifying, removing and taking possession of any Charged Property, Goods and Security Interest Products in the exercise of its rights under these
Standard Terms;
d) satisfying the Company’s obligations under these Standard Terms or at Law; and
e) exercising the Company’s other rights under these Standard Terms or at Law, and the Customer agrees to indemnify and keep indemnified the Company (and the Company’s Agents) against all Liability and Claims suffered or incurred by the Company (and the Company’s Agents) in connection with the entry by the Company (and the Company’s Agents) into or upon the Customer’s Premises.
13. ENVIRONMENT & SAFETY
The Customer warrants and undertakes to the Company that the Customer and the Customer’s Agents will:
a) use the Goods strictly in accordance with the requirements and recommendations of the manufacturer and the Company.
b) at all times fully comply with the Laws applicable in the State or Territory in which the Goods is being used, including but not limited to Laws relating to occupational health and safety, pollution and the environment; and
c) ensure that no person is exposed to risks to their health and safety or hazards arising from or in connection with the use of the Goods.
14. Documentation
All necessary documentation as provided by POWER MASTER GENERATORS must be completed and signed prior to delivery of rental equipment.
15. Sundry These terms and conditions constitute the entire Agreement between POWER MASTER GENERATORS and the Customer with respect to equipment and shall not be amended except in writing signed by both parties.
The Company’s right to require strict performance of these Standard Terms will not be affected by any indulgence, waiver of course of dealing, and any waiver will be deemed not to be a continuing waiver.
17.2. Any assignment of rights or obligations under these Standard Terms by the Customer will be void unless the written consent of the Company is first obtained. The Company may assign any of its rights, benefits or obligations under or connection with these Standard Terms without the Customer’s consent.
17.3. The laws of Queensland apply in respect of these Standard Terms and any supply made in accordance with the Standard Terms.
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