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Equipment Hire - Dry Hire
Attachments & Accessories
Project/Job Solutions (Wet Hire)
“Acceptance” and “Accepted” means acceptance of the Offer to Hire Form by the Hirer.
“Additional Equipment” means further goods or equipment required by the Hirer for delivery to the Site which will be separately invoiced to the Hirer and will be in addition to the Hire Fee.
“ACL” means Schedule 2 of Competition and Consumer Act 2010 (Cth) as applied under Subdivision A of Division 2 of Part XI of that Act.
“Cancellation” means the cancellation by the Hirer of this Contract, which Cancellation must be communicated to The Owner by email or facsimile and be to that effect.
“Cancellation Fee” means x percent (0%) of the Hire Fee of the Equipment not required where the Cancellation is received by the Owner more than three (3) working Days prior to the anticipated Delivery Date to the Site or x percent (15%) of the Hire Fee of the Equipment not required if within three (3) working Days of the anticipated Delivery Date of the Equipment to the Site. If cancellation is received on the date of delivery/pick-up the minimum hire fee (65% of hire fee) will be charged in full and the deposit will not be refunded.
“COD” means cash on delivery to site or pick-up from Southside Enterprises Pty Ltd Depot.
“Contract” means the Contract between the Owner and the Hirer for the hiring of the Equipment the Terms of which are fully set out in these Standard Terms and Conditions and in the Offer to Hire Form and any special conditions.
“Day” means a calendar day commencing immediately on midnight and finishing immediately before the next midnight.
“Day Rate” means equipment is charged based on operating a maximum of 10 hours per day, unless otherwise specified in Offer to Hire.
“Delivery Address” means, except where otherwise stated in the Special Conditions or in the Offer to Hire Form, the Site.
“Deposit” means the amount stated in the Offer to Hire Form as a deposit.
“Dry Hire” means the hiring of the Equipment to the Hirer without the provision of persons to operate the Equipment.
“Duty” means any duty payable under any State or Territory legislation in respect of the hiring of the Equipment to the Hirer under this Contract.
“Equipment” or “Plant” means collectively all the goods and equipment described in the Offer to Hire Form and separately each item of the goods and equipment designated in the Offer to Hire Form and includes all additional Equipment.
“Essential Term” means any term stated in writing to be an Essential Term and any term which, by its nature and importance, one or other of the parties would not enter into this Contract without that term being included.
“Facilities” means all electrical services, scaffolding, lighting, awnings and other requirements necessary in order to facilitate the proper and safe installation and use of the Equipment on the Site.
“GST” means Equipment and Services Tax as defined in A New Tax Act (Equipment and Services) 1999 (Cth).
Hirer “Effective Control” means actual physical control and use of the Equipment at relevant times. Where the Equipment is provided to the Hirer on a Dry Hire basis, it will be deemed to be under the Effective Control of the Hirer. Where the Equipment is provided to the Hirer on a Wet Hire basis, it will be deemed to be under the Effective Control of The Owner.
“Hire Fee” means the fee exclusive of GST which the Hirer has by this Contract agreed to pay to The Owner for the hire of the Equipment for the Period of Hire.
“Hirer” means the company or person described in the Offer to Hire Form as “the Hirer” and includes where applicable its lawful successors and assignees.
“Hire agreement” means the agreement between the owner and the hirer to hire the plant on the terms and condition set out in the hire agreement schedule and these terms and conditions.
“Hire charges” means the charges and rates as set out in the Offer to Hire in respect of the equipment.
“Manufacturer” means in respect of each item of Equipment the identified Manufacturer of that item of Equipment.
“Offer” means the offer to hire the Equipment to the Hirer.
“Owner” means Southside Enterprises Pty Ltd and any successors and assignees.
“Owner’s Premises” means the premises where the Owner stores the Equipment.
“Period/Term of Hire” means the period for which the Equipment is hired by the Hirer as specified in the Offer to Hire Form, being the period commencing on the delivery of the Equipment to the Site, being the Delivery Address as stated in the Offer to Hire Form and expiring on the Collection Date as stated in the Offer to Hire Form.
“Services” means the provision of labour by the Owner (its servants, agents or lawful contractors) including but not limited to labour for production planning, event management, Equipment delivery, set-up, operation, pack-down and collection.
“Site” means the designated place, venue, or location at which the Equipment is to be delivered to and at which place the Hirer is to take possession of the Equipment.
“Special Conditions” means the special conditions (if any as set out in the Offer to Hire Form).
“Terms” means these Standard Terms and Conditions which will always be sent with the Offer to Hire Form together with any Special Conditions set out and the Offer to Hire Form itself.
“Venue” means the place where the Equipment is to be used by the Hirer
In this hire agreement, unless the context otherwise requires:
PPSA means the Personal Property Securities Act 2009 (Cth) (as amended) and any other legislation and regulations in respect of it
“Weekly rate” means equipment is charged based on operating a minimum of 10hrs/day, 6 days per week, unless otherwise specified.
“Wet Hire” means the hiring of the Equipment and the provision of persons to operate the Equipment and provide the Services in respect thereto.
If a provision of the Contract is illegal or unenforceable:
The hirer must ensure that the equipment is only operated by a suitably experienced and qualified person who must operate the equipment in accordance with the manufacturers’ recommendations. Operator is to be tested by the hirer to be suitable to operate equipment in a safe and prudent manner having regard to prevailing operating conditions.
This Contract shall be deemed to have been made in Western Australia and is governed by the law of Western Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of Western Australia
For further information on all your project hire needs, please contact us.
Southside’s core business is to provide excavation equipment hire services in Western Australia. We are located south of the river in Kwinana.
We hire equipment wet (with an operator) on an hourly basis or dry (without an operator) on a daily, short term or long-term basis.
3 Morse Rd, Bibra Lake WA 6163
Terms and Conditions
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