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Holden Heavy Hire – Terms and Conditions

1. Definitions

  • "Owner" refers to the company providing the equipment for hire.
  • "Hirer" refers to the individual or company renting the equipment.
  • "Equipment" refers to the machinery or tools being hired as described in the hire agreement.
  • "Hire Period" refers to the period from delivery to return as agreed.

2. Hire Period and Charges

  • Hire charges commence from the time the Equipment leaves the Owner's premises and continue until it is returned or collected.
  • Minimum hire periods may apply.
  • Hire rates are exclusive of fuel, delivery, and any additional fees unless stated otherwise.
  • Additional charges apply for late return, loss, or damage.

3. Payment Terms

  • Invoices are payable by the 20th of the month following invoice issue date, unless otherwise agreed in writing.
  • A security deposit may be required before delivery.
  • Late payments may incur interest at ___% per month.
  • The Owner reserves the right to withhold services or recover Equipment for non-payment.

4. Delivery and Collection

  • Delivery and collection are available and will be charged separately.
  • The Hirer must ensure safe and accessible delivery and pickup locations.
  • The Owner is not liable for delays due to factors beyond its control (weather, site access, etc.).

5. Use and Operation

  • Equipment must only be used for its intended purpose and operated by trained, competent personnel.
  • Hirer must not move the Equipment to another site without prior written approval.
  • The Hirer is responsible for day-to-day maintenance (e.g. refueling, basic cleaning).

6. Breakdowns and Repairs

  • The Hirer must notify the Owner immediately of any faults or breakdowns.
  • The Owner will repair or replace faulty Equipment as soon as practicable.
  • The Owner is not liable for downtime or any consequential loss due to breakdowns.

7. Damage, Loss & Insurance

  • The Hirer is liable for any loss, theft, or damage (excluding fair wear and tear).
  • Equipment must be returned in clean and working condition.
  • The Hirer must insure the Equipment during the Hire Period or accept full financial responsibility.
  • The Owner may deduct repair or replacement costs from the security deposit or invoice the Hirer directly.

8. Ownership and Title

  • Title and ownership of the Equipment always remain with the Owner.
  • The Hirer has no right to sell, pledge, or otherwise encumber the Equipment.

9. Termination

  • The Owner may terminate the hire immediately if:
    • The Hirer breaches these terms,
    • Payment is overdue,
    • The Equipment is misused or at risk.
  • Upon termination, Equipment must be returned immediately at the Hirer’s expense.

10. Liability and Indemnity

  • The Owner is not liable for personal injury, property damage, or any indirect losses caused by the Hirer's use of the Equipment.
  • The Hirer indemnifies the Owner against any claims, damages, or losses arising from the use or misuse of the Equipment.

11. Force Majeure

  • The Owner is not liable for any failure or delay caused by events beyond its reasonable control (e.g. natural disasters, strikes, war, or government action).

12. Entire Agreement

  • These Terms, along with the signed Hire Agreement, represent the entire agreement between the parties. No verbal agreements are binding unless confirmed in writing.