Terms & Conditions

AFFORDABLE SOLUTIONS GROUP PTY LTD HIRE CONTRACT TERMS AND CONDITIONS

  1.    DEFINITIONS
    “Collection Time”     means the date and time that is mutually agreed between Us and You to collect the Equipment from the Premises.

    “Depot” means the premises We utilise to facilitate the storage of the Equipment.

    “Event of Default” means an event of default contemplated at Clause 7.

    “Equipment” means the plant and equipment supplied by Us and hired by You in accordance with this Hire Contract.

    “Hazardous Materials” means any asbestos, tyres, paints, oils, gas bottles or other hazardous materials described as such on Our website.

    “Hire Contract” means this (and any other) contract for the hire of Equipment to You.

    “Hire Term” means the period of time commencing from when You accept the Equipment from Us and concluding when the Equipment is returned to Our Depot.

    “Premises” means the premises We agree to deliver to and collect the Equipment from during the Hire Term.

    “Us”, “Our”, “We” means Affordable Solutions Group Pty Ltd as trustee for the Affordable Solutions Group Trust (ABN 40 528 718 843) including its employees, agents and contractors.

    “You”, “Your” means the person/s or entity, jointly and severally, hiring the Equipment from Us including any employees, agents and contractors.

  2. AGREEMENT TO HIRE
  1. (a)  We agree to provide and You agree to hire the Equipment

    for the agreed Hire Term.

  2. (b)  If You place an order for the hire of Equipment, a Hire

    Contract is only created when We:
    (i) accept the order; and/or
    (ii) deliver the Equipment to the Premises.

  3. (c)  The Hire Contract will detail the Collection Time. You must contact Us if You require a different Collection Time.
  4. (d)  You will ensure payment for any of our tax invoices issued to You are paid on the due date provided in the tax invoice.
  5. (e)  If We are unable to provide or continue to provide You with the Equipment, We may cancel the Hire Contract by notice in writing to You (even if the Hire Contract has

    commenced).

3. TITLE, RISK AND INSURANCE

  1. (a)  Title in and to the Equipment remains vested in Us at all

    times.

  2. (b)  You must not sell, lease, hire or otherwise deal with the

    Equipment except as We permit in writing to You.

  3. (c)  All and any risk in the Equipment passes to You for the Hire Term and remains until the conclusion of the Hire Term and You will insure the Equipment against theft, damage

    and replacement.

  4. (d)  You assume all risk and liability for loss, damage or injury

    to any persons or property belonging to You or any third party arising out of the use or possession of the Equipment to the extent permitted by Australian Consumer Law.

  5. 4. OUR OBLIGATIONS (a) We will:

    (i) allow You to use the Equipment for the Hire Term. (ii) provide You with the Equipment in a clean condition. (iii) deliver the Equipment to the Premises at the

    commencement of the Hire Term.
    (iv) collect the Equipment from You at the conclusion of

    the Hire Term.
    (b)We may, at Our sole discretion, repair or replace the

    Equipment if a defect in the Equipment occurs during the Hire Term as a result of:
    (i) fair wear and tear; or
    (ii) a defect in the Equipment becoming apparent to You.

    5. YOUR OBLIGATIONS
    (a)     Unless We otherwise agree in writing, You must:

    (i) notify us at the commencement of the Hire Contract if You intend to use the Equipment for the disposal of concrete or wet soil;

    (ii) only deposit and dispose into the Equipment materials You identify at the commencement of the Hire Contract;

    (iii) provide adequate and safe access to the Premises; (iv) be satisfied that the Equipment is suitable for Your

    purposes before the Hire Term;
    (v) use the Equipment safely and in accordance with:

    (A) instructions provided by Us at the commencement of the Hire Contract;

    1. (B)  the law; and
    2. (C)  its intended use;

    (vi) ensure any person using the Equipment is suitably

    instructed or qualified to use it;
    (vii) safely load items and materials into the Equipment in

    accordance with Our instructions or any laws;
    (viii) ensure any person ordering the Equipment from Us is authorised to do so and You will not allege a

    person is not authorised to do so;
    (ix) ensure any person using the Equipment conducts a

    hazard and risk assessment of the Equipment and the area around the Equipment prior to each and every use or operation it and will not use the Equipment if it or the surrounding area fails to pass such assessment;

    (x) report to Us any accident, damage or loss to the Equipment within one (1) business day of the accident, damage or loss occurring;

    (xi) allow Us access to the Equipment at any reasonable time for the purpose of inspecting, repairing, replacing or removing the Equipment;

    (xii) acknowledge time is of the essence in respect of Your obligations in this Hire Contract;

    (xiii) contact Us immediately if You have any concerns or issues with the Equipment during the Hire Term, before using the Equipment; and

    (xiv) notify Us immediately when You become aware of any damage or loss of the Equipment.

(b) You must not:

  1. (i)  fill items and materials into the Equipment:
    1. (A)  beyond its dimensions; and
    2. (B)  beyond any mark inside the Equipment as We

      direct to You; and

    if We determine at the Collection Time that the Equipment has not been filled in accordance with paragraphs (A) and (B) above, We reserve the right to request You remove any items that exceed such dimensions or marks or to charge You additional fees if We determined it is safe to collect the Equipment from the Premises.

  2. (ii)  move or relocate the Equipment throughout the Hire Term once it is positioned at the Premises by Us;
  3. (iii)  dispose of or deposit any Hazardous Materials into the Equipment throughout the Hire Term;
  4. (iv)  allow the contents of the Equipment exceed a weight of two (2) tonnes;
  5. (v)  modify, alter, tamper with, damage or repair the Equipment without our prior written consent;
  6. (vi)  remove, deface or erase any identifying marks, plate number, notices or safety information on the Equipment; and
  7. (vii)  lose or part with possession of the Equipment.

6. INDEMNITY

You indemnify Us:

  1. (a)  in respect of all or any injury or damage howsoever caused

    to You or any other third party from the Equipment, any items or materials inside or originating from the Equipment whilst being transported to or from Our Depot and in the course of delivery of the Equipment to the Premises;

  2. (b)  from all or any injury or damage to the extent caused directly or indirectly by the Equipment or any person using the Equipment and You must have appropriate insurance to cover all or any liabilities incurred as a result of the use of the Equipment;
  3. (c)  from all and any costs incurred (including the costs associated with the time incurred by Our employees, agents or contractors) in the safe removal and disposal of any Hazardous Materials identified as being disposed in the Equipment during the Hire Term;
  4. (d)  from all or any injury or damage to any person using the Equipment or to any other person whilst You possess the Equipment;
  5. (e)  from all or any loss or damage caused to any of Our vehicles should You advise or instruct Us to drive over unpaved ground or objects or near objects that may reasonably be considered to have contributed to such damage;
  6. (f)  from any loss to Your personal property in or on the Equipment once We collect it from the Premises; and
  7. (g)  from any liability to You or a third party in respect of any damage caused in recovering the Equipment from You in an Event of Default.

7. EVENTS & CONSEQUENCES OF DEFAULT
(a) We consider the following to be an Event of Default:

(i) You breach any part of this Hire Contract;
(ii) the Equipment is returned to Us damaged or You part with possession of the Equipment during the Hire

Term;
(iii) You default in payment of any amount due and

payable to Us;
(iv) You become bankrupt, insolvent, or an administrator

or liquidator is appointed in respect of Your assets; (b) If an Event of Default occurs, then, We may, without

prejudice to all Our other rights and entitlements:

  1. (i)  require immediate payment of all outstanding money and all money payable by You to Us at a later date on

    any other accounts;

  2. (ii)  determine that additional fees and charges are

    applicable in addition to those agreed at the

    commencement of the Hire Contract;

  3. (iii)  charge You interest on any sum outstanding at a rate

    equal to eight percent (8%) per annum from the due

    date until the due amount is paid by You in full;

  4. (iv)  charge You for the cost of repair or replacement of any Equipment lost, stolen, damaged or destroyed;

    and

  5. (v)  terminate any Hire Contract not completed, by

    written notice to You.

8. PPSA

  1. (a)  If this Hire Contract:
    1. (i)  contains a security interest for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”), We may register Our security interest and You must do all things reasonably required to ensure We maintain a perfected security interest in the Goods;
    2. (ii)  constitutes a PPS Lease (as defined in the PPSA), we are the secured party holder of a Purchase Money Security Interest (as defined in the PPSA) and You are the grantor.
  2. (b)  You must do anything We require to enable Us to gain first ranking priority (or any other priority we may determine in writing to You) for Our security interest.
  3. (c)  To the extent that Chapter 4 of the PPSA would otherwise apply to an enforcement by the Us of any security interest in the Goods, it is agreed that the following provisions of the PPSA do not apply:
    1. (i)  to the extent that section 115(1) of the PPSA allows them to be excluded: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 138B(4), 142 and 143; and
    2. (ii)  in addition, to the extent that section 115(7) of the PPSA allows them to be excluded: sections 127, 129(2) and (3), 132, 133(1)(b) (insofar as it relates to a security interest of Us), 134(2), 135, 136(3), 136(4), 136(5) and 137.
  4. (d)  Our rights under this Hire Contract are in addition to and not in substitution for Our rights under any other law and We may choose whether to exercise Our rights under this Hire Contract and/or under any other law we determine fit.