Common use of Payment for hire Clause in Contracts

Payment for hire. The hirer agrees to pay the owner the hire fee and the damage waiver fee specified in the Schedule for the use of the equipment for the hire period including any applicable GST, stamp duties, tolls, fines, penalties, levies or freight and other charges relevant to this agreement and the hire. The required fees must be paid to the owner prior to or on the commencement date of the hire period and when otherwise due and payable periodically under the Schedule or as agreed with the owner. Hirers who do not pay on any terms agreed will be in default. Equipment not returned on time and in accordance with this agreement will be subject to a continuance of the agreed hire fee and other charges until return or pick-up (if agreed) is complete, but this will not constitute an extension of the hire period. The owner may agree to make equipment delivery and collection arrangements to and from the hirer’s site and the hirer will pay to the owner any charges and expenses incurred in such delivery, installation and/or collection. The owner will use its best endeavours to deliver the equipment at the requested time but will not be liable to the hirer for a late delivery, non-delivery or any associated loss or damage due to a late or non-delivery. A reasonable cancellation fee may be charged by the owner where equipment has been reserved by booking and the hirer cancels the booking without reasonable notice or fails to take delivery of the equipment. The owner may charge the hirer a reasonable fee for accepting payment by credit card and this may be up to the applicable permissible charge under legislation. Unless otherwise stated, the hire charges payable by the hirer in relation to the equipment will be as stated in the applicable Schedule. The owner reserves the right at any time to revise the hire fees by providing the hirer with notice. However the hire fee cannot be increased during an agreed fixed term hire unless the hirer agrees to the increase. Where the increase in hire fees applies to equipment already on hire by the hirer, the hirer may terminate this agreement and return the equipment to the owner. Damage waiver fee Upon payment by the hirer up to date of the damage waiver fee, the owner waives any claim it may have against the hirer for the cost of repairs or replacement of the equipment due to damage occurring during its use under this agreement. The limitation is subject to payment of any excess payable by the hirer and the other terms of this document. This clause in no way entitles the hirer to, or implies the availability of, compensation from the owner for any liability incurred by the hirer to any third party in relation to the use of the hired equipment. This clause ceases to operate at the end of the hire period unless an extension by the owner is granted in writing and an additional agreed fee is paid. This clause will not apply to loss or damage which arises from: Breach of this agreement where the breach increases the risk of loss or damage; breach of any statute or other law or regulations in connection with the use of the equipment by the hirer; misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment including but not limited to; hoses, drills, bits, grease guns, electric leads, tyres and tubes; lack of lubrication or non-adherence to other normal maintenance requirements that are required by or could reasonably be expected of the hirer under this agreement; disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the manufacturer’s instructions if supplied with the equipment at the commencement of hire; unexplained disappearance of the equipment; theft of the equipment in circumstances where site security is available including, but not limited to, locked yards, buildings and sheds, where proper security is not used by the hirer to secure the equipment whilst it is left unattended; or loading or off-loading equipment from maritime vessels, transportation of equipment on maritime vessels or the use of equipment on any wharf or bridge or over any body of water. Use, operation and maintenance The hirer agrees that the use of the equipment carries with it inherent dangers and risks of injury and the hirer agrees to accept all those dangers and risks. The equipment must not be used by anyone other than the hirer without the express permission of the owner. The hirer will ensure that all persons operating or erecting the equipment are instructed in its safe and proper use and where required hold valid proof of training or are fully licenced to use it. The hirer agrees to operate, maintain, store and transport the equipment in a proper manner and where required strictly in accordance with any instruction provided by the owner and with due care and diligence. The hirer agrees that the equipment will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment in regard to its operation, maintenance and storage. The hirer agrees to comply with all occupational health and safety laws and regulations relating to the use of the equipment and associated operations. The hirer must ensure the equipment is returned to the owner clean of all foreign matter or agrees to a reasonable cleaning fee being charged by the owner. The reasonable costs of fuel or other consumables provided by the owner and used by the hirer are to be paid to the owner when required by the owner. Hirer’s obligations The hirer agrees that: the equipment will be used in accordance with the conditions outlined in the Schedule. the particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission. the hirer and/or all its relevant personnel hold a valid current driver’s licence, operating licence or permit valid for the type of equipment hired. the equipment will not be used for any illegal purpose. the hirer’s vehicle is suitable for towing the equipment if required. the hirer will not, without prior written consent of the owner, tamper with, repair or modify the equipment in any way, or permit another to do so. the hirer will not remove the equipment from the State or Territory in which it is hired without the prior approval of the owner.

Payment for hire. The hirer agrees to pay the owner the hire fee and the damage waiver fee specified in the Schedule for the use of the equipment vehicle for the hire period including any applicable GST, stamp duties, tolls, fines, penalties, levies or freight and other charges relevant to this agreement and the hire. The required fees must be paid to the owner prior to or on the commencement date of the hire period and when otherwise due and payable periodically under the Schedule or as agreed with the owner. Hirers who do not pay on any terms agreed will be in default. Equipment Vehicles not returned on time and in accordance with this agreement will be subject to a continuance of the agreed hire fee and other charges until return or pick-up (if agreed) is complete, but this will not constitute an extension of the hire period. The owner may agree to make equipment vehicle delivery and collection arrangements to and from the hirer’s site and the hirer will pay to the owner any charges and expenses incurred in such delivery, installation delivery and/or collection. The owner will use its best endeavours to deliver the equipment vehicle at the requested time but will not be liable to the hirer for a late delivery, non-delivery or any associated loss or damage due to a late or non-delivery. A reasonable cancellation fee may be charged by the owner where equipment a vehicle has been reserved by booking and the hirer cancels the booking without reasonable notice or fails to take delivery of the equipmentvehicle. The owner may charge the hirer a reasonable fee for accepting payment by credit card and this may be up to the applicable permissible charge under legislation. Unless otherwise stated, the hire charges fees payable by the hirer in relation to the equipment vehicle will be as stated in the applicable Schedule. The owner reserves the right at any time to revise the hire fees by providing the hirer with notice. However the hire fee cannot be increased during an agreed fixed term hire unless the hirer agrees to the increase. Where the increase in hire fees applies to equipment vehicle already on hire by the hirer, the hirer may terminate this agreement the hire and return the equipment vehicle to the owner. Damage waiver fee Upon payment by the hirer up to date of the damage waiver fee, the owner waives any claim it may have against the hirer for the cost of repairs or replacement of the equipment due to damage occurring during its use under this agreement. The limitation is subject to payment of any excess payable by the hirer and the other terms of this document. This clause in no way entitles the hirer to, or implies the availability of, compensation from the owner for any liability incurred by the hirer to any third party in relation to the use of the hired equipment. This clause ceases to operate at the end of the hire period unless an extension by the owner is granted in writing and an additional agreed fee is paid. This clause will not apply to loss or damage which arises from: Breach of this agreement where the breach increases the risk of loss or damage; breach of any statute or other law or regulations in connection with the use of the equipment by the hirer; misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment including but not limited to; hoses, drills, bits, grease guns, electric leads, tyres and tubes; lack of lubrication or non-adherence to other normal maintenance requirements that are required by or could reasonably be expected of the hirer under this agreement; disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the manufacturer’s instructions if supplied with the equipment at the commencement of hire; unexplained disappearance of the equipment; theft of the equipment in circumstances where site security is available including, but not limited to, locked yards, buildings and sheds, where proper security is not used by the hirer to secure the equipment whilst it is left unattended; or loading or off-loading equipment from maritime vessels, transportation of equipment on maritime vessels or the use of equipment on any wharf or bridge or over any body of water. Use, operation and maintenance The hirer agrees that the use of the equipment carries with it inherent dangers and risks of injury and the hirer agrees to accept all those dangers and risks. The equipment must not be used by anyone other than the hirer without the express permission of the owner. The hirer will ensure that all persons operating is responsible for the payment of parking fines or erecting any other traffic violations, including penalties claimed from the equipment owner which are instructed in its safe and proper use and where required hold valid proof incurred during the agreed period of training or are fully licenced to use it. The hirer agrees to operate, maintain, store and transport the equipment in a proper manner and where required strictly in accordance with any instruction provided hire even if received by the owner and with due care and diligence. The hirer agrees that the equipment will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment in regard to its operation, maintenance and storage. The hirer agrees to comply with all occupational health and safety laws and regulations relating to the use after completion of the equipment and associated operations. The hirer must ensure the equipment is returned to the owner clean of all foreign matter or agrees to a reasonable cleaning fee being charged by the owner. The reasonable costs of fuel or other consumables provided by the owner and used by the hirer are to be paid to the owner when required by the owner. Hirer’s obligations The hirer agrees that: the equipment will be used in accordance with the conditions outlined in the Schedule. the particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission. the hirer and/or all its relevant personnel hold a valid current driver’s licence, operating licence or permit valid for the type of equipment hired. the equipment will not be used for any illegal purpose. the hirer’s vehicle is suitable for towing the equipment if required. the hirer will not, without prior written consent of the owner, tamper with, repair or modify the equipment in any way, or permit another to do so. the hirer will not remove the equipment from the State or Territory in which it is hired without the prior approval of the ownerhire period.

Payment for hire. The hirer agrees to pay the owner the hire fee and the damage waiver fee specified in the Schedule for the use of the equipment for the hire period including any applicable GST, stamp duties, tolls, fines, penalties, levies or freight and other charges relevant to this agreement and the hire. The required fees must be paid to the owner prior to or on the commencement date of the hire period and when otherwise due and payable periodically under the Schedule or as agreed with the owner. Hirers who do not pay on any terms agreed will be in default. Equipment not returned on time and in accordance with this agreement will be subject to a continuance of the agreed hire fee and other charges until return or pick-up (if agreed) is complete, but this will not constitute an extension of the hire period. The owner may agree to make equipment delivery and collection arrangements to and from the hirer’s site and the hirer will pay to the owner any charges and expenses incurred in such delivery, installation and/or collection. The owner will use its best endeavours to deliver the equipment at the requested time but will not be liable to the hirer for a late delivery, non-delivery or any associated loss or damage due to a late or non-delivery. A reasonable cancellation fee may be charged by the owner where equipment has been reserved by booking and the hirer cancels the booking without reasonable notice or fails to take delivery of the equipment. The owner may charge the hirer a reasonable fee for accepting payment by credit card and this may be up to the applicable permissible charge under legislation. Unless otherwise stated, the hire charges payable by the hirer in relation to the equipment will be as stated in the applicable Schedule. The owner reserves the right at any time to revise the hire fees by providing the hirer with notice. However the hire fee cannot be increased during an agreed fixed term hire unless the hirer agrees to the increase. Where the increase in hire fees applies to equipment already on hire by the hirer, the hirer may terminate this agreement and return the equipment to the owner. Damage waiver fee Upon payment by the hirer up to date of the damage waiver fee, the owner waives any claim it may have against the hirer for the cost of repairs or replacement of the equipment due to damage occurring during its use under this agreement. The limitation is subject to payment of any excess payable by the hirer and the other terms of this document. This clause in no way entitles the hirer to, or implies the availability of, compensation from the owner for any liability incurred by the hirer to any third party in relation to the use of the hired equipment. This clause ceases to operate at the end of the hire period unless an extension by the owner is granted in writing and an additional agreed fee is paid. This clause will not apply to loss or damage which arises from: Breach breach of this agreement where the breach increases the risk of loss or damage; breach of any statute or other law or regulations in connection with the use of the equipment by the hirer; misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment including but not limited to; hoses, drills, bits, grease guns, electric leads, tyres and tubes; lack of lubrication or non-adherence to other normal maintenance requirements that are required by or could reasonably be expected of the hirer under this agreement; disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the manufacturer’s instructions if supplied with the equipment at the commencement of hire; unexplained disappearance of the equipment; theft of the equipment in circumstances where site security is available including, but not limited to, locked yards, buildings and sheds, where proper security is not used by the hirer to secure the equipment whilst it is left unattended; or loading or off-off loading equipment from maritime vessels, transportation of equipment on maritime vessels or the use of equipment on any wharf or bridge or over any body of water. Use, operation and maintenance The hirer agrees that the use of the equipment carries with it inherent dangers and risks of injury and the hirer agrees to accept all those dangers and risks. The equipment must not be used by anyone other than the hirer without the express permission of the owner. The hirer will ensure that all persons operating or erecting the equipment are instructed in its safe and proper use and where required hold valid proof of training or are fully licenced to use it. The hirer agrees to operate, maintain, store and transport the equipment in a proper manner and where required strictly in accordance with any instruction provided by the owner and with due care and diligence. The hirer agrees that the equipment will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment in regard to its operation, maintenance and storage. The hirer agrees to comply with all occupational health and safety laws and regulations relating to the use of the equipment and associated operations. The hirer must ensure the equipment is returned to the owner clean of all foreign matter or agrees to a reasonable cleaning fee being charged by the owner. The reasonable costs of fuel or other consumables provided by the owner and used by the hirer are to be paid to the owner when required by the owner. Hirer’s obligations The hirer agrees that: the equipment will be used in accordance with the conditions outlined in the Schedule. the particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission. the hirer and/or all its relevant personnel hold a valid current driver’s licence, operating licence or permit valid for the type of equipment hired. the equipment will not be used for any illegal purpose. the hirer’s vehicle is suitable for towing the equipment if required. the hirer will not, without prior written consent of the owner, tamper with, repair or modify the equipment in any way, or permit another to do so. the hirer will not remove the equipment from the State or Territory in which it is hired without the prior approval of the owner.

Payment for hire. The hirer agrees to pay the owner the hire fee and the damage waiver fee specified in the Schedule for the use of the equipment for the hire period including any applicable GST, stamp duties, tolls, fines, penalties, levies or freight and other charges relevant to this agreement and the hire. The required fees must be paid to the owner prior to or on the commencement date of the hire period and when otherwise due and payable periodically under the Schedule or as agreed with the owner. Hirers who do not pay on any terms agreed will be in default. Equipment not returned on time and in accordance with this agreement will be subject to a continuance of the agreed hire fee and other charges until return or pick-up (if agreed) is complete, but this will not constitute an extension of the hire period. The owner may agree to make equipment delivery and collection arrangements to and from the hirer’s site and the hirer will pay to the owner any charges and expenses incurred in such delivery, installation and/or collection. The owner will use its best endeavours to deliver the equipment at the requested time but will not be liable to the hirer for a late delivery, non-delivery or any associated loss or damage due to a late or non-delivery. A reasonable cancellation fee may be charged by the owner where equipment has been reserved by booking and the hirer cancels the booking without reasonable notice or fails to take delivery of the equipment. The owner may charge the hirer a reasonable fee for accepting payment by credit card and this may be up to the applicable permissible charge under legislation. Unless otherwise stated, the hire charges payable by the hirer in relation to the equipment will be as stated in the applicable Schedule. The owner reserves the right at any time to revise the hire fees by providing the hirer with notice. However the hire fee cannot be increased during an agreed fixed term hire unless the hirer agrees to the increase. Where the increase in hire fees applies to equipment already on hire by the hirer, the hirer may terminate this agreement the hire and return the equipment to the owner. Damage waiver fee Upon payment by the hirer up to date of the damage waiver fee, the owner waives any claim it may have against the hirer for the cost of repairs or replacement of the equipment due to damage occurring during its use under this agreement. The limitation is subject to payment of any excess payable by the hirer and the other terms of this document. This clause in no way entitles the hirer to, or implies the availability of, compensation from the owner for any liability incurred by the hirer to any third party in relation to the use of the hired equipment. This clause ceases to operate at the end of the hire period unless an extension by the owner is granted in writing and an additional agreed fee is paid. This clause will not apply to loss or damage which arises from: Breach breach of this agreement where the breach increases increased the risk of or causes the loss or damage; breach of any statute or other law or regulations in connection with the use of the equipment by the hirerhirer where the breach increased the risk of or causes the loss or damage; misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment including but not limited to; hoses, drills, bits, grease guns, electric leads, tyres and tubes; lack of lubrication or non-adherence to other normal maintenance requirements that are required by or could reasonably be expected of the hirer under this agreement; disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the manufacturer’s instructions if supplied with the equipment at the commencement of hire; unexplained disappearance of the equipment; theft of the equipment in circumstances where site security is available including, but not limited to, locked yards, buildings and sheds, where proper that security is not properly used by the hirer to secure the equipment whilst it is left unattended; or loading or off-off loading equipment from maritime vessels, transportation of equipment on maritime vessels or the use of equipment on any wharf or bridge or over any body of water. Use, operation and maintenance The hirer agrees that the use of the equipment carries with it inherent dangers and risks of injury and the hirer agrees to accept all those dangers and risks. The equipment must not be used by anyone other than the hirer without the express permission of the owner. The hirer will ensure that all persons operating or erecting the equipment are instructed in its safe and proper use and where required hold valid proof of training or are fully licenced to use it. The hirer agrees to operate, maintain, store and transport the equipment in a proper manner and where required strictly in accordance with any instruction provided by the owner and with due care and diligence. The hirer agrees that the equipment will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment in regard to its operation, maintenance and storage. The hirer agrees to comply with all occupational health and safety laws and regulations relating to the use of the equipment and associated operations. The hirer must ensure the equipment is returned to the owner clean of all foreign matter or agrees to a reasonable cleaning fee being charged by the owner. The reasonable costs of fuel or other consumables provided by the owner and used by the hirer are to be paid to the owner when required by the owner. Hirer’s obligations The hirer agrees that: the equipment will be used in accordance with the any additional conditions outlined in the Schedule. the particulars in the Schedule provided by the hirer are correct in every respect and are not misleading in any way including, without limitation, by omission. the hirer and/or all its relevant personnel hold a valid current driver’s licence, operating licence or permit valid for the type of equipment hired. the equipment will not be used for any illegal purpose. the hirer’s vehicle is suitable for towing the equipment if required. the hirer will not, without prior written consent of the owner, tamper with, repair or modify the equipment in any way, or permit another to do so. the hirer will not remove the equipment from the State or Territory in which it is hired without the prior approval of the owner.