Terms & Conditions For Hire

GENERAL TERMS & CONDITIONS

  1. Rates are based on an eight hour working day and on a time out NOT time used basis.
  2. Hourly rates on longer term hire are a minimum of 25 hours charge per week.
  3. Excluding weekly hire, if your machine is not working due to bad weather, we must be given notification on the same day by phone, text or email otherwise daily hire will be charged.  NO  EXCEPTIONS!
  4. Disposables such as fuel, oil and lost keys are an extra charge.
  5. Any loss’s, damage or incidents must be reported immediately.
  6. Daily checks including maintaining fuel, oil and water levels, air cleaner, precleaner and greasing are the hirer’s responsibility. These are at the Hirer’s expense. 
  7. Deposits are required before all hires commence unless a charge account is arranged.  On some hire items a refundable bond may be required.
  8. Payment of accounts is due on or before the 20th of the month following the return on invoice.  Debt collection fees and interest will be added to overdue invoices and billed to the customer.  Any objections or queries related to invoice MUST be made within 7 working days of the invoice date.
  9. If hired equipment is intended to be used in a location or manner which is outside its usual or ordinary use, advise Hire Smart of the intended location and /or nature of use at the time of booking the equipment.
  10. Rates are subject to change without notice.
  11. Rates are excluding GST unless otherwise stated.
  12. A seatbelt must be worn at all times.
  13. No one under the age of 16 is allowed to operate the machinery.
  14. Machine/tracks must be cleaned before returning or cleaning charges will apply.
  15. The Hirer will ensure that all persons who use the equipment shall be COMPETENT in the use of the equipment, shall only use the equipment in the manner it was designed to be used and follow any directions given by Hire Smart, local authorities, safe operating practices (available from Hire Smart) and/or manufacturers, to the use and safety of the equipment, in relation to the use of the equipment and the persons using the equipment in accordance with the Health & Safety at Work Act 2015 and all other legislation and applicable regulations.
  16. If the Hirer is not an individual, the person who signs the Terms & Conditions of Hire is authorised by the Hirer/Company to sign on their behalf. The person signing hereby indemnifies Hire Smart against all losses and costs that may be incurred by Hire Smart arising out of the person signing failing to have such power or authority.
  17. Without limit, Hire Smart is not liable for any indirect or consequential loss or damage including any loss of profit or other loss suffered by the Hirer, or liability incurred by the Hirer, as a result of the breakdown of any equipment, however caused.

 

HIRE DAMAGE WAIVER

  1. The Hirer will pay the damage waiver unless written confirmation of suitable insurance cover is provided to Hire Smart before start of hire. Hire Smart has the right to decline this insurance cover should it not be suitable.
  2. The Hirer is not entering into a contract of insurance with Hire Smart by purchasing the damage waiver.
  3. If the Hirer has not purchased the damage waiver, the Hirer rents the equipment at the Hirer’s own risk and indemnifies the owner against any loss of or damage to the equipment and any consequential or indirect loss incurred by Hire Smart as the result of any loss or damage of the equipment.
  4. The damage waiver is charged at 10% of the total of the invoice value.
  5. If the Hirer has purchased the damage waiver, the Hirer shall not be liable to Hire Smart for any loss of or damage to the equipment during the term of the hire PROVIDED THAT the hirer;
  • has at all times acted reasonably and with reasonable care;
  • has delivered to Hire Smart (within 12 hours of the time when the Hirer first becomes aware of the loss of or damage to the equipment) a complete, correct, written report of the circumstances of such loss of or damage including a police complaint acknowledgment form for any loss appearing to result from any criminal act.
  • has complied with its obligations under these terms and conditions;
  • has rendered such assistance and done such other things as Hire Smart shall have reasonably required for the purposes of enabling Hire Smart to recover such loss or damage, including any third party.

 

  1. THIS DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMERS LIABLITY in the following circumstances. 
  1. Exclusions. The damage waiver does not cover the following;
  • theft of or criminal damage to equipment unless reasonably locked and secured.
  • damage or loss due to misuse, abuse or overloading the equipment or failure to take reasonable care of it (including overloading of any motors or other electrical appliances or devices).
  • damage caused to tyres and tubes by blowouts, bruises, cuts, kerbing or other causes arising from the use of the equipment.
  • loss or damage to the equipment resulting from lack of greasing or other normal servicing of the equipment.
  • loss or damage of tools, digger attachments, hoses, digger teeth and other similar accessories.
  • loss or damage to any equipment or items on which the damage waiver is not charged.
  • loss or damage of the equipment arising from a breach by the Hirer of the conditions of the Contract; or
  • loss or damage due to the Hirer’s breach of any special conditions or exclusions notified to the Hirer.
  • loss or damage from the use of the equipment in violation of any statute, regulation or by-law
  • any consequential loss or damage incurred by the owner and/or any third parties.

 

  1. Excess: The Hirer must pay an excess charge before the damage waiver covers the loss of or damage to any equipment.  The excess will be up to the first $2500 plus GST for any one item of equipment, unless otherwise specified.

 

ACKNOWLEDGMENT OF TERMS & CONDITIONS OF HIRE

  1. By clicking "I accept and have read the Hire Smart Ltd Terms and Conditions of Hire" before the hire commences, you will be deemed to have read and accepted these Hire Smart Terms & Conditions.
  2. If you do not accept these Hire Smart Ltd Terms and Conditions of Hire, you may be refused hire of a Hire Smart Ltd asset.