Terms and Conditions

These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless agreed by Vermont Hire and the Customer in writing. Vermont Hire agrees to hire Equipment to the Customer on the terms set out in this document. If the Customer wants to hire Equipment the Customer must complete and sign (or otherwise accept in the manner required by Vermont Hire) a Hire Schedule and such other documents as Vermont Hire may require. Each Hire Schedule is not a separate contract but forms a part of this hire agreement between Vermont Hire and the Customer, together with any credit application, guarantee and indemnity or other contractual documents. The Customer agrees to receive hire schedules and all associated documentation by electronic means. Vermont Hire may in its absolute discretion, decline to hire Equipment to the Customer at any time if it believes it has reasonable cause to do so.

These Hire Contract Conditions may be changed by Vermont Hire from time to time by Vermont Hire giving notice of the amendment to the Customer. Notice is deemed given when Vermont Hire does any of the following: (a) publishes the amended terms on its website www.vermonthire.com.au; or (b) displays the amended terms at the Vermont Hire premises. Changes to these hire Contract Conditions will only apply to Hire Schedules entered into after the change occurs.

  1. Interpretation of Words in this Contract;
    1. Commencement – The date when the Customer takes possession of the Equipment. 
    2. Equipment – Means any kind of equipment or tools including but not limited to the following kinds of goods or goods suitable for the following kinds of uses: access equipment; air compressors & tools; bricks, tiles & paving; car repair; compaction; concrete & masonry; earth moving; electric tools; entertaining; flooring & cleaning; generators; heating & cooling; high pressure cleaners; jackhammers & breakers; ladders, scaffold & trestles; landscaping & garden care; laser levels; lifting & shifting; nail & staple guns; painting & decorating; plastering; plumbing; pumps; safety; trailers; welding and any and all tools, parts and accessories for same.
    3. Hire Charge – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.
    4. 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 Vermont Hire agrees. Vermont Hire may issue and require the Customer to sign an amended Hire Schedule for any extension of the Hire Period.
    5. Hire Schedule – Means a document which Vermont Hire may require the Customer to sign (or accept in a way Vermont Hire requires) including particulars of the Equipment and the Hire Period and such other information as Vermont Hire may decide to require.
    6. Vermont Hire – The company listed on the Hire Schedule.
  2. Vermont Hire Obligations. Vermont Hire will:
    1. Allow the Customer to take and use the Equipment for the Hire Period;
    2. Provide the Equipment to the Customer clean and in good working order;
    3. Collect the Equipment within 5 days of being requested to do so by the Customer and issuing to the Customer a Called Off hire number. NOTE TO CUSTOMER: You must return the Equipment at your expense when due back unless you obtain a Called Off hire number from Vermont Hire.
  3. Obligations of the Customer. The Customer agrees that it will:
    1. Deliver the Equipment to Vermont Hire when it is due back;
    2. Return the Equipment to Vermont Hire clean and in good repair;
    3. Satisfy itself at Commencement that the Equipment is suitable for its purposes;
    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 Vermont Hire or posted on Vermont Hire's website;
    5. Indemnify Vermont Hire for all injury and/or damage to the extent caused or contributed to by the Customer 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;
    6. Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised;
    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;
    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;
    9. Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, and indemnify Vermont Hire 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;
    10. Operate the Equipment with an adequate motor vehicle and/or power source;
    11. Report and provide full details to Vermont Hire of any accident, theft or damage to the Equipment within 2 business days of the accident or damage occurring.
    12. Be responsible for loss or theft of the equipment unless another express provision of this contract applies

The Customer agrees that it will NOT;

  1. Tamper with, damage or repair the Equipment;
  2. Lose or part with possession of the Equipment;
  3. Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract or other documentation provided by Vermont Hire;
  4. Exceed the recommended or legal load and capacity limits of the Equipment;
  5. Use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
  6. Exceed the recommended or legal speed limit for the Equipment;
  7. Transport or use the Equipment interstate.
  1. Payments by the Customer to Vermont Hire
    1. On or before Commencement (or as otherwise specifically agreed with Vermont Hire), the Customer will pay the Hire Charge.
    2. Immediately on request by Vermont Hire, the Customer will pay:
      1. the new list price of any Equipment which is for whatever reason not returned to Vermont Hire.
      2. all costs incurred in cleaning the Equipment if not returned in clean condition;
      3. the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;
      4. 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 the Customer’s use of the Equipment;
      5. all costs incurred by Vermont Hire in delivering and recovering possession of the Equipment, including any caused by delays from the Customer;
      6. The cost of fuel and consumables supplied by Vermont Hire and not returned by the Customer;
      7. Interest for late payment of amounts owing by the customer, at the pre-judgement interest rate set by the Magistrates Court of Victoria from time to time;
      8. other charges including but not limited to:
        1. Excess usage charges
          1. where the customer has exceeded the maximum daily clock limit;
          2. where diamond wear has exceeded the maximum daily limit.
        2. Administration charges
          1. Where Vermont Hire waives its right to apply the minimum hire charge and instead charges an administration charge.
        3. any expenses and legal costs (including commission payable to a commercial agent) incurred by Vermont Hire in enforcing this Contract due to the Customers default;
        4. all costs of repairing or replacing tyres, including road service; and
        5. if any damage waiver applies, the damage waiver excess amount for which the Customer is liable as set out in this Contract.
      9. Without limiting the ability of Vermont Hire to recover all amounts owing to it, the Customer authorises Vermont Hire to deduct any amounts owing from any deposit held; or to charge any amounts owing by the Customer to any credit card or account details of which are provided to Vermont Hire.
      10. Vermont Hire may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.
  1. Security Deposit
    1. Vermont Hire may require a Security Deposit from the Customer prior to and as a condition of the commencement of the Hire Period and Vermont Hire shall be permitted to deduct from the Security Deposit any Additional Charges or other moneys due but unpaid in respect of use and hire of the Equipment.

 

  1. PPS Law
    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.
    2. If Vermont Hire 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:
      1. 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or
      2. a year in any other case.
    3. Vermont Hire may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which Vermont Hire requires for the purposes of:
      1. ensuring that Vermont Hire’ security interest is enforceable, perfected and otherwise effective under the PPS Law;
      2. enabling Vermont Hire to gain first priority (or any other priority agreed to by Vermont Hire in writing) for its security interest; and
      3. enabling Vermont Hire to exercise rights in connection with the security interest.
    4. The rights of Vermont Hire under this document are in addition to and not in substitution for Vermont Hire’ rights under other law (including the PPS Law) and Vermont Hire 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 Vermont Hire security interest will attach to proceeds.
    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 Vermont Hire 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 Vermont Hire 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).
    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 Vermont Hire. Customer agrees that in addition to those rights, Vermont Hire 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 Vermont Hire may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or license.
      1. 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.
      2. Vermont Hire 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 Vermont Hire the benefit of section 275 (6)(a) and Vermont Hire 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.
      3. The 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 Vermont Hire.
      4. The Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless Vermont Hire (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Vermont Hire and must be expressed to be subject to the rights of Vermont Hire under this agreement. Customer may not vary a sub-hire without the prior written consent of Vermont Hire (which may be withheld in its absolute discretion).
      5. The Customer must ensure that Vermont Hire 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.
      6. The Customer must take all steps including registration under PPS Law as may be required to:
        1. ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law;
        2. enable the Customer to gain (subject always to the rights of Vermont Hire) first priority (or any other priority agreed to by Vermont Hire in writing) for the security interest; and
        3. enable Vermont Hire and the Customer to exercise their respective rights in connection with the security interest.
      7. To assure performance of its obligations under this agreement, the Customer hereby gives Vermont Hire an irrevocable power of attorney to do anything Vermont Hire considers the Customer should do under this agreement. Vermont Hire may recover from Customer the cost of doing anything under this clause 5, including registration fees.
  1. Damage Waiver
    1. Damage waiver is not an insurance but an agreement that the Customer’s liability for damage to the Equipment can be limited in some circumstances only.
    2. Damage Waiver applies to all hires, subject to the conditions below, for no additional fee.
    3. The Damage Waiver Excess is the actual recovery and repair cost of the Equipment, or 20% of the current replacement cost of the Equipment as reasonably determined by Vermont Hire using suppliers’ list prices, whichever is the lesser amount.
    4. Where the customer has paid the Damage Waiver within the Hire Charge, Vermont Hire will waive its right to claim against the customer for loss, theft or damage to the Equipment if:
      1. for theft, the customer has promptly reported the incident to the police and provided Vermont Hire with a written police report within 7 days;
      2. The customer has co-operated with Vermont Hire and provided Vermont Hire with the details of the incident, including any written or photographic evidence Vermont Hire requires;
      3. the loss, theft or damage does not fall into one or more of the circumstances set out in sub-clauses 7.3.5-7.3.23; and;
      4. the Customer pays the Damage Waiver Excess.

Damage waiver does not apply and will not limit the customer’s liability in the following circumstances:

  1. where the operator is not suitably licensed;
  2. where the operator is affected by drugs and/or alcohol;
  3. where the equipment has been willfully damaged by the Customer or its employees or agents;
  4. 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;
  5. 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; or
  6. where the damage is caused in any way by overloading.
  7. has arisen as a result of the customer’s breach of a clause of this Hire Agreement;
  8. has been caused by the customer’s negligent act or omission;
  9. has arisen as a result of the customer’s use of the Equipment in violation of any laws;
  10. has been caused by the customer’s failure to use the Equipment for its intended purpose or in accordance with Vermont Hire’s instructions or the manufacturer’s instructions;
  11. for theft, where the customer has failed to keep the Equipment in a securely locked Compound
  12. for theft, where the customer has failed to submit to Vermont Hire a Police Report on the theft within 7 days of the theft allegedly occurring.
  13. occurs to the Equipment whilst it is located, used, loaded, unloaded, transported on or over water, wharves, bridges or vessels of any kind;
  14. has been caused by the overloading of the Equipment or any components thereof;
  15. is to motors or other electrical Equipment or components within the Equipment caused by electrical overload, a surge in electrical current or the use of under-rated or excessive lengths of extension leads with the electrical Equipment;
  16. is caused by exposure to any corrosive or caustic substance, such as cyanide, salt water, acid, etc;
  17. is caused by vandalism;
  18. is to tyres or tubes; OR
  19. is to windscreens, mirrors, glass, or perspex.
  1. In the event of theft, hire fees will be charged to the Customer until the Police Report is provided to Vermont Hire.
  2. Damage Waiver will NOT apply where Vermont Hire determines that any of the applicable circumstances in sub-clauses 7.3.5-7.3.23 have occurred, unless the Customer is able to establish otherwise to the reasonable satisfaction of Vermont Hire.
  3. Exclusion of Warranties and Liabilities.
    1. Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.
    2. Where the Australian Consumer Law applies and the goods are not of a kind ordinarily acquired for personal domestic or household use or consumption, Vermont Hire liability in respect of any guarantee is limited to the replacement or repair of the goods, or the cost of having the goods repaired or replaced.
    3. To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. Vermont Hire makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.
  1. Breach of Hire Contract by Customer
    1. If the Customer breaches any clause whatsoever of this Contract and does not remedy the breach within 7 days’ notice of the breach, or becomes bankrupt, insolvent or ceases business then;
      1. Vermont Hire shall be entitled to:
        1. terminate this Contract; and/or
        2. sue for recovery of all monies owing by the Customer; and/or
        3. repossess the Equipment (and is authorized to enter any premises where the Equipment is located to do so), and any Damage Waiver referred to in clause 6 is immediately invalidated.
      2. The Customer indemnifies Vermont Hire in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.
  1. Disputes
    1. The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Vermont Hire in writing within 30 days of the Hire Contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.
    2. If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due to Vermont Hire), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
  2. Liability clause

 Vermont Hire shall not be liable in respect of:

    1. Any expenditure, damages and/or loss due to break-down or failure of Equipment resulting from fair wear and tear, negligence or default of the part of Vermont Hire or any other reason whatsoever;
    2. Delay in delivery of the Equipment caused by or in any way incidental to any strike, lockout, trade dispute, fire, tempest, break-down, riot, theft, crime disturbances, war, force majeure, legislation, the inability of Vermont Hire to procure necessary parts or labour due to any of the foregoing causes, or any other occurrences preventing or retarding the performance of the hire of the Equipment and no responsibility or liability shall be attached to Vermont Hire for any delay, default, loss or damage due to any of the above causes or any other cause beyond the control of Vermont Hire;
    3. Any personal injury or property damage caused by ordinary wear and tear of the Equipment, unavoidable accident or improper or careless use of the Equipment;
    4. Any damage resulting from the hire and subsequent use of the Equipment that is not covered by Vermont Hire’s insurance policy.
  1. The Customer shall maintain liability, property and casualty insurance in amounts necessary to fully protect Vermont Hire and its Equipment against claims or damage of whatever nature or type.
  2. The Customer waives any and all claims against Vermont Hire for loss or damage to property transported in the Equipment or loss or damage to property on which Equipment is transported.
  3. The Customer accepts responsibility for the loading and unloading of goods, the Customer agrees to assume the risk of and indemnify Vermont Hire from any property damage or personal injury, including damage or injuries attributable to the negligence of Vermont Hire, including its employees.
  4. The Customer accepts responsibility for any damage to property or persons caused by delivery or pick-up of Equipment.
  1. Privacy
    1. Vermont Hire will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the Vermont Hire Privacy Statement is available upon request or by visiting vermonthire.com.au.  
  2. Governing Law
    1. This Hire Contract is a payment claim under the Building and Construction Industry Security of Payment Act 2002 VIC.
    2. Except where Vermont Hire in its discretion takes action against the Customer under any of the Building and Construction Industry legislation referred to in this clause, Vermont Hire and the Customer agree that this Contract is governed by the law of the state of Victoria, and the parties submit to the jurisdiction of the courts of that State.

 

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