1. In these terms and conditions Express Hire means Express Hire Pty Ltd whose principal place of business is Unit 4/8 Moorlands rd Ingleburn NSW . The hirer shall mean any person, persons or body corporate entering into a rental agreement with Express Hire for the hire of goods and equipment. “Goods and equipment” referred to in “The terms and conditions” refer to those set out below and shall be the sole conditions of any contract with Express Hire subject to any addition or amendment which shall be in writing and ratified by a Director of Express Hire.

2. The Period of Hire: (a) The period of hire shall commence with the hirer taking possession of the equipment (whether or not such receipt shall have been from Express Hire) and shall terminate when equipment is off Hired Via Phone call with an off hire Number obtained, email or Text. It is the responsibility of the hirer to obtain such receipt for the return of equipment which will represent sole evidence of the return of equipment to Express Hire. (b) Where equipment is delivered or collected by hirer or hirer’s sub contractor such delivery or collection is at the hirer’s risk and expense and the hirer shall be liable for physical loss and damage and delay to the equipment from the time the equipment leaves Express Hire’s premises until it is returned to Express Hire’s premises whether or not the equipment is being delivered or collected by Express Hire or is in the possession of Express Hire , it’s directors or workers. (c) Minimum Hire periods will be stated in hirer’s pricing or quote.

3. Equipment: (a) The hirer will satisfy him or herself on taking possession of all equipment that it is in good working order and in undamaged condition. The hirer’s signature on the rental agreement will be taken as conclusive evidence that such agreement has been satisfied. Any matters relating to the sub standard condition or working of the equipment must be referred to Express Hire and (if the rental is to proceed) a note endorsed on the Rental Agreement to be countersigned by Express Hire. (b) All equipment on hire remains the absolute property of Express Hire. (c) The hirer shall have no authority to transfer or otherwise part with possession of the equipment during the period of hire unless the express written consent of Express Hire is first obtained. (d) In the event that the hirer intends to take equipment out of the main land of Australia or use the same for any abnormal or hazardous assignment then consent must first be obtained from Express Hire who may at their sole discretion vary the terms of the rental.

4. Accidental Damage Waiver Insurance : (a) Accidental Damage Waiver Insurance is charged on all equipment otherwise stated by Express Hire or hirer’s Insurances are reviewed by Express Hire (b) It shall be the absolute responsibility of the hirer to ensure the safe keeping of equipment and the hirer will indemnify Express Hire in respect of any damage howsoever caused whilst in the hirer’s possession. (c) All damage or will be notified to Express Hire immediately (or as soon as practicable) following which the goods must be returned to Express Hire for repair or replacement should repair be uneconomic. The hirer may carry out repairs to the damaged equipment with the consent of Express Hire and shall otherwise make no attempt to examine diagnose repair or remove the outer casing of the equipment hired. (d) if Accidental Damage Waiver Insurance is not taken or equipment does not have Accidental Damage Waiver Insurance as stated, the hirer shall be liable to pay the full cost of replacement of any equipment damaged beyond repair with reference to new equipment of the same or nearest available specification. (e) In the event of damage to equipment the period of hire will without further reference to the hirer extend until full reimbursement for the cost of replacement of damaged equipment has been made whether or not such period extends beyond that of the original rental agreement.

5. Liability: (a) Express Hire shall not be liable under any circumstances whatsoever for losses incurred by the hirer due to faulty or non functioning equipment during the period of hire. Express Hire will however take all steps to ensure that faulty equipment is replaced as soon as possible with either the same or similar equipment. (b) The hirer will indemnify Express Hire at all times fully against any liabilities, demands, actions, claims or proceedings arising from or in connection with the equipment hired. (c) In the event that the hirer shall create, use with or in conjunction to any equipment hired any unique or original material or matter Express Hire shall have no liability whatsoever in respect of the loss, damage or imperfection of any such material and the hirer will be fully indemnify Express Hire in respect of any such claims by a third party.

6. Rental Fees: (a) During the Rental agreement the hirer will pay the rental fee as specified in the Rental Agreement plus GST. In the event of the Rental Agreement specifying a daily rate then such rate will be charged to the end of the day on which the equipment is returned. (b) Express Hire reserve the right to charge a cancellation fee not exceeding the full rental charge under the Rental Agreement. (c) All fees under the Rental Agreement will be discharged at the time of the hirer Off Hiring or returning the equipment or up to thirty days after the date of any invoice subsequently issued. (d) Express Hire reserve the right to determine the contract and recover any equipment hired in the event of bankruptcy, insolvency or liquidation of the hirer. (e) Where the hirer is a body of corporate registered Australia, Express Hire may in their sole discretion require a surety to the Rental Agreement. The surety hereby agrees to indemnify Express Hire in respect of all sums due under the Contract of Hire in the event of partial or total default by the Hirer Company.

7. Payment: (a) Payment for hire goods ordered shall be made at the time of delivery unless the customer shall have been granted a credit account. Such facility shall have been agreed by Express Hire in writing and the existence of a credit account will be indicated on the hire invoice together with the specific credit period. In the absence of any specific credit period the invoice shall be construed to express a maximum period of thirty days. (b) Express Hire reserve the right to add to any overdue balance at the due date an additional sum calculated by reference to 1.5% per annum above clearing bank base rate for the time being on any outstanding balance accruing on a daily basis. (c) Where an order made by customers is accepted by Express Hire and a deposit is paid over by the customer and such sum is agreed between the parties, Express Hire reserve the right to retain the full amount of the deposit to set against any costs they incur in fulfilling the customer’s order.

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