Hire Terms & Conditions
To keep everything running smoothly and to ensure the future happiness of all our customers, we need to make sure everything is always in order. We value the respect and honesty fostered between us and our customers and want to do the right thing by you, always.
These Hire Contract Conditions may be changed by Align Hire from time to time by Align Hire giving notice of the amendment to the Customer. Notice is deemed given when Align Hire does any of the following: (a) sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer; (b) publishes the amended terms on its or (c) displays the amended terms at premises from which Align Hire conducts hire operations.
Changes to these Hire Contract Conditions will only apply to Hire Schedules entered into after the change has been notified to the Customer by one of the methods mentioned above.
Interpretation of Words in this Contract
Commencement – The date when the Customer takes possession of the Equipment. Equipment – Means any kind of equipment, vehicles or tools.
Customer – refers to the person, firm, organisation, partnership, corporation or other entity (including trust) hiring the Equipment from Align Hire as identified in the Credit Application or Hire Schedule
Hire Charge – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.
Hire Period – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case, this can only be done if the Customer requests it and if Align Hire agrees. Align Hire may issue and require the Customer to sign an amended Hire Schedule for any extension of the Hire Period.
Hire Schedule – Means a document which Align Hire may require the Customer to sign (or accept in a way Align Hire requires) including particulars of the Equipment and the Hire Period and such other information as Align Hire may decide to require.
Align Hire – The company or companies listed on the Hire Schedule.
Kilometre Charge – The amount payable for the kilometres that a Motor Vehicle has, in the reasonable opinion of Align Hire, travelled during the Hire Period.
Motor Vehicle – A truck or utility but not any other equipment such as a scissor lift, trailer or bobcat.
Remote Area – Any location which is more the 50 kilometres from the Align Hire branch from where the Equipment is hired.
2. Align Hire Obligations. Align Hire will:
2.1 Allow the Customer to take and use the Equipment for the Hire Period;
2.2 Provide the Equipment to the Customer clean and in good working order;
2.3 Collect the Equipment within 5 days of being requested to do so by the Customer
3. Obligations of the Customer. The Customer must:
3.1 Deliver the Equipment to Align Hire when it is due back;
3.2 Return the Equipment to Align Hire clean and in good repair;
3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes;
3.4 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Align Hire or posted on the Equipment;
3.5 Indemnify Align Hire for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;
3.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised;
3.7 Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed;
3.8 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;
3.9 Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, and indemnify Align Hire in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer;
3.10 Operate the Equipment with an adequate motor vehicle and/or power source;
3.11 Report and provide full details to Align Hire of any accident or damage to the Equipment within 2 business days of the accident or damage occurring.
The Customer must NOT;
3.12 Tamper with, damage or repair the Equipment;
3.13 Lose or part with possession of the Equipment;
3.14 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;
3.15 Allow any person to drive a Motor Vehicle if the person:
(a) does not hold a suitable licence to drive that class of Motor Vehicle; or
(b) is affected by drugs and/or alcohol.
3.16 Exceed the recommended or legal load and capacity limits of the Equipment;
3.17 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment.
3.18 Exceed the recommended or legal speed limit for the Equipment.
4. Payments by the Customer to Align Hire
4.1 On or before Commencement (or as otherwise specifically agreed with Align Hire), the Customer will pay the Hire Charge.
4.2 Immediately on request by Align Hire, the Customer will pay:
(a) the new list price of any Equipment which is for whatever reason not returned to Align Hire.
(NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment)
(b) all costs incurred in cleaning the Equipment;
(c) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;
(d) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer’s use of the Equipment;
(e) all costs incurred by Align Hire in delivering and recovering possession of the Equipment;
(f) Interest for late payment of amounts owing by the customer, at the pre-judgement interest rate set by the Local Court of NT from time to time;
(g) the Kilometre Charge in excess of 100km per day and any additional Hire Charges;
(h) the cost of fuels and consumables provided by Align Hire and not returned by the Customer;
(i) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by Align Hire in enforcing this Contract due to the Customers default.;
(j) all costs of repairing or replacing tyres, including road service; and
(k) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract.
(l) Loading costs when equipment hired with an hour meter is used in excess of 8 hours per day
4.3 Without limiting the ability of Align Hire to recover all amounts owing to it, the Customer authorises Align Hire to charge any amounts owing by the Customer to any credit card or account details of which are provided to Align Hire.
4.4 Align Hire may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.
5. PPS Law
5.1 This clause applies to the extent that this Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation.
5.2 Align Hire may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which Align Hire requires for the purposes of:
(a) ensuring that Align Hire’ security interest is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling Align Hire to gain first priority (or any other priority agreed to by Align Hire in writing) for its security interest; and
(c) enabling Align Hire to exercise rights in connection with the security interest.
5.3 The rights of Align Hire under this document are in addition to and not in substitution for Align Hire’ rights under other law (including the PPS Law) and Align Hire may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it Align Hire security interest will attach to proceeds.
5.4 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires Align Hire to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires Align Hire to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).
5.5 The following provisions of the PPS Law: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on Align Hire. Customer agrees that in addition to those rights, Align Hire shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Customer agrees that Align Hire may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.
5.6 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.
5.7 Align Hire and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to Align Hire the benefit of section 275 (6)(a) and Align Hire shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.
5.8 Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of Align Hire.
5.9 Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless Align Hire (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Align Hire and must be expressed to be subject to the rights of Align Hire under this agreement. Customer may not vary a sub-hire without the prior written consent of Align Hire (which may be withheld in its absolute discretion).
5.10 Customer must ensure that Align Hire is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.
5.11 Customer must take all steps including registration under PPS Law as may be required to:
(a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling the Customer to gain (subject always to the rights of Align Hire) first priority (or any other priority agreed to by Align Hire in writing) for the security interest; and
(c) enabling Align Hire and the Customer to exercise their respective rights in connection with the security interest.
6. Exclusion of Warranties and Liabilities
6.1 Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.
6.2 Where the Australian Consumer Law applies and the goods are not of a kind ordinarily acquired for personal domestic or household use or consumption, Align Hire liability in respect of any guarantee is limited to the replacement or repair of the goods, or the cost of having the goods repaired or replaced.
6.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. Align Hire makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.
7. Remote Hire
Where the Equipment is at any time hired by the Customer to be located in the Remote Area, the following clauses will also apply, in addition to the obligations of the Customer under Clause 3 and elsewhere in these Hire Contract Conditions;
(a) The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by Align Hire (‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometer rate travelled by Align Hire staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by Align Hire and its staff in connection with travel to and from the Remote Area;
(b) Mulitple items of Equipment hire by a Customer on the one site will only be charged for one call out fee;
(c) The Customer is responsible at its cost for daily maintenance and care of all Multiple items of Equipment hire by a Customer on the one site will only be fittings and lubrication of all grease points.
8. Breach of Hire Contract by Customer
If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:
8.1 Align Hire shall be entitled to:
(a) terminate this Contract; and/or
(b) sue for recovery of all monies owing by the Customer; and/or
(c) repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.
8.2 The Customer indemnifies Align Hire in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.
9.The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Align Hire in writing within 30 days of the Hire Contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.
9.1 If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due to Align Hire), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
10. EQUIPMENT DATA
Align Hire will comply with the Australian Privacy Principles in all dealings with Customers.
12. Governing Law
13.1 This Hire Contract is a payment claim under the Construction Contracts (Security of Payments) Act 2009 NT.
13.2 Except where Align Hire in its discretion takes action against the Customer under any of the Building and Construction Industry legislation referred to in this clause, Align Hire and the Customer agree that this Contract is governed by the law of the state of the Northern Territory, and the parties submit to the jurisdiction of the courts of that State.