- 1. TRAVEL / TRANSPORT
a) Travel / float transport charges are to be paid by the Hirer.
- 2. LOADING & UNLOADING
a) The Hirer shall be responsible for unloading and reloading on site, and any Driver, Operator or other person supplied by Contractor shall be deemed to be under the Hirer’s control.
- 3. DRIVER, OPERATOR
a) Where the Contractor supplied a Driver or Operator they shall be a capable and experienced person and shall be duly licenced to operate the machine or vehicle in accordance with any statue or by-law.
- 4. HANDLING OF PLANT
a) When the Driver or Operator is supplied by the Contractor to work the plant, they shall be under the control of the Hirer. Such Drivers or Operators shall for all purposes in connection with their employment in working of the plant, be regards as the servants or agents of the Hirer who alone shall be responsible for all claims arising in connection with the operation of the plant by the Drivers or Operators. The Hirers shall not allow any other person to operate such plant without the Contractor’s consent. This needs to be confirmed in writing.
- 5. PERMITS AND LICENCE FEES
a) The Hirer shall be responsible for obtaining the necessary permits and/or plant and pay such fees as maybe required by the Public Authority for the location and marketing of all services and shall exposed all such services and shall conform with the requirements of all by-laws and regulations. The Hirer shall observe and comply with all statutory obligations and by-laws or regulations imposed by any Public Authority for the safety of persons and/or property and shall indemnify the Contractor for any liability caused by failure to so comply.
- 6. HIRER’S RESPONSIBILITY FOR LOSS, DAMAGE AND FIRE ANTS
a) The Hirer shall fully and completely indemnify the Contractor in respect of all claims by any person or party whatsoever for injury to any person or persons and/or property caused by or in connection with or arising out of the use of the plant and in respect of all costs and charges in connection therewith whether arising under statue or common law.
b) Replacement cost of Auger Teeth and Pilots will be the responsibility of the Hirer should the wear be excessive.
c) Service Locations are the responsibility of the hirer this includes but is not limited to clearly marking the exact location and identifying all services above and below the ground at the site such as electrical cables, drains, pipes, sewers, mains, telephone and data lines. These plans can be obtained from dial before you dig www.1100.com.au or phone 1100. Should the hirer fail to provide Aussie Enviro Excavations with the appropriate directions and or plans for the site specified, the hirer shall indemnify Aussie Excavators Pty Ltd from any costs, expenses or losses.
d) If the Contractor is working in a Fire Ant restricted area, the hirer is responsible for coordinating a Fire Ant Permit from the Department of Primary Industries prior to machine being dispatched. Soil disturbance of more than 1 cubic metre, regardless of whether soil is being taken off site or not, must be inspected and tested prior to Contractor conducting works. Details can be obtained from Department of Primary Industries www.dpi.qld.gov.au or calling 13 25 23.
- 7. DELIVERY IN GOOD ORDER AND MAINTENANCE (INSPECTION REPORTS)
(a) Where the plant is hired without the Contractor’s Driver or Operator any breakdown or the unsatisfactory working of any part of the plant must be notified immediately to the Contractor in writing. Any claim for breakdown time will only be considered from the time and date shown on such writing
(b) Full allowance will be made to the Hirer for any stoppage due to the breakdown of plant caused by the development of an inherent fault or for wear and tear and for all stoppages for normal running repairs in accordance with the terms of contract. The Hirer shall be responsible for all expense involved arising from any breakdown and or loss or damage included by the Contractor due to the Hirer’s negligence, misdirection or misuse of the plant, whether by the Hirer or his servants and for the payment of hire at the appropriate idle time rate during the period the plant is necessarily idle due so such breakdown. The Contractor will be responsible for the cost of repairs to the plant involved in the breakdowns from all other causes and will bear the costs of providing spare parts.
The Contractor accepts no liability nor responsibility for any consequential loss or damage due to or arising from the breakdown or stoppage of the plant through any cause whatsoever or through non-arrival arising from accident or breakdown circumstances beyond the control of the Contractor.
- 1. CHARGES
a) Rates and conditions of hire of plant/machines are as advertised by the Contractor from time to time and are payable on completion of job or as negotiated.
I. MINIMUM HIRE; Applies to machinery and trucks including travel.
II. CANCELLATIONS – GENERAL; Cancellations must be made at least two hours in advance direct to the office by telephone. Faxed cancellations will not be accepted. A 2 hour hire charge will apply for machines despatched.
III. SUNDAYS/PUBLIC HOLIDAYS; A surcharge or 20% will apply on Sundays and Public Holidays.
IV. ROLLER HIRE; This machine is available for ‘Dry Hire’ only, the machine is not provided with an operator and therefore paperwork will not be submitted on site. Invoices will be issued including fuel, float, machine hire on a daily rate and damage waiver.
V. If I default in my payment obligations to you, information about that default may be given to Veda Advantage, and Veda Advantage may give information about my default to other Veda Advantage customers.
- 2. INSURANCE
a) The Hirer shall at all times exercise due care the plant and/or machinery is not being driver or operated by any person not duly authorised under all relevant laws, by-laws and regulations to be driving or operating such plant or machine for the purpose for which it is being used. The Hirer shall take all reasonable precautions to prevent bodily injury or damage to property and to comply with all statutory obligations and by-laws and regulations imposed by Public Authority for the safety of persons and property as though he were the Contractor. The Contractor reserves the right, that if in the opinion of the Operator it would be dangerous or detrimental to the plant the Operator can refuse to operate the plant under such conditions and shall, if dispute arises, report back to the Contractor for instructions. The Operator has no authority to accept liability on behalf of the Contractor under any circumstances whatsoever.
- 3. MINIMUM HIRE CHARGES
a) The following minimum hire applies to all plant and equipment provided by Aussie Enviro Excavations. All minimum hire include travel charges except where the capacity of the machine exceeds 13 Tonne. Float charges will apply:
I. Posi Track – 4hrs (3hrs + 1hr Travel)
II. Excavators and Combos 1.5T – 3T Capacity – 3hrs (2hrs + 1hr Travel)
III. Excavators and Combos 5T – 8T Capacity – 4hrs (3hrs + 1hr Travel)
IV. Excavators 13T – 35T Capacity – 1 Day plus Float Fee (each way)
V. Trucks (including Water Truck) – 4hrs (3hrs + 1hr travel)
b) Work performed on Saturdays will incur one (1) hour’s extra work onto the standard minimum hire terms.
- 4. PERSONAL PROPERTIES SECURITIES
a) The Hirer acknowledges that by entering into this contract, any machine and/or equipment that is defined as personal property pursuant to the Personal Properties Securities Act 2009 (cth), past or present that is hired to you, cannot be on-hired or provided to any other person without the prior written consent of the owner. The Owner has taken the steps to fully protect its interest pursuant to the Act, and has priority over any competing interests past, present or future.
- 5. DISPUTES
a) The Hirer shall, within seven (7) working days following completion of work, notify Aussie Enviro Excavations of any alleged disputes. If the Hirer fails to comply with this requirement, Aussie Enviro Excavations assume the work was performed satisfactorily and free from any disputes.
b) If the Hirer disputes an invoice, the Hirer shall pay all undisputed amounts by the due date until the dispute is resolved. If the Hire does not pay any amount due under this Agreement on time, we may, on seven (7) days notice, decrease or withdraw all services until all unpaid amounts are paid.
- 6. CANCELLATION POLICY
a) It is the Hirer’s responsibility to cancel all plant and equipment at least two (2) hours prior to commencement time. Aussie Enviro Excavations will dispatch all plant and equipment unless prior contact has been made direct to the office. A cancellation fee of two (2) hours will apply for plant / equipment dispatched.
b) The Hirer shall phone the office direct on 07 3893 0999 to advise of any cancellations to the booking after hours. Aussie Enviro Excavations provides a 24hr / 7days a week service to its Customers.