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TERMS OF HIRE
 
These Terms of Hire apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by Link Hire and the Customer in writing. 
Link Hire agrees to hire Equipment to the Customer on terms set out in this document.
1.    DEFINITIONS
“ACL” means Australian Consumer Law.
“Agreement” means this Agreement any Guarantee, and any variations and alterations made in accordance with this Agreement.
‘Bins” means the skip bins, caged bins or related products hired to the Customer pursuant to the Hire Agreement
“Buildings” means demountable buildings, site sheds and other related products hired to the Customer pursuant to this Agreement.
“Commencement” means the date when the Customer takes possession of the Equipment.
“Consumer” has the meaning given to that term in ACL.
“Equipment” means (a) In relation to Equipment Hire, the equipment specified in Hire Documents including, but not limited to, Buildings, Fencing, Bins, panels, concrete bases/blocks and clamps, crowd control barriers, mesh, braces, ground bars, extensions, scrim, gate wheels, shade cloth/weed mats, barb wire, dog proofing, corflute, handrails, event flooring, gates, water barriers, portable toilets, site sheds, Supplier signage and other accessories; (b) In relation to Plant Hire, the plant, machinery or other equipment, not referred to in (a), specified in the Hire Documents; (c) In relation to Waste Disposal means commercial and/or trade waste management equipment installed by Link Hire on the Premises
“Event Customer” means a customer who requires Equipment, other than Plant for a fixed short-term period for a party, festival or similar event with a pre-determined dismantle and removal date.
“Fencing” means all fencing including mesh fencing, hoarding, pool fencing, prestige fencing and other fencing accessories.
“Hire Documents” means (a) any quotation, estimate or acknowledgement of order produced by Link Hire in response to any request, purchase order, invitation or other enquiry by the Customer; (b) any documents created for the purpose of evidencing the delivery, collection, removal, addition or alteration of the Equipment; and (c) any documents produced by Link Hire in relation to any transaction entered into by the parties pursuant to this Agreement.
“Hire Term” commences on the date of delivery and installation of the Equipment and ends on either the date the Equipment is collected by the Supplier, or such earlier Off Hire Date.
“Initial Hire Period” means the hire term specified in the Hire Documents.
“Insolvency Event” means any action is proposed, threatened or commenced that has the object of any compulsory or voluntary process pursuant to the Corporations Act 2001, the Bankruptcy Act 1966 or any common law power resulting in the appointment of a receiver or other external controller to the property of any entity or the control and management of any entity.
“Kilometre Charge” means the amount payable for the kilometres that a Motor Vehicle has, in the reasonable opinion of Link Hire, travelled during the Hire Period.
“Off Hire Code” means a unique identifier code provided to the Customer as evidence of the Off-Hire Date.
“Off Hire Date” is the date on which the Customer notifies Link Hire in writing that the Customer no longer requires the Equipment.
“Premises” means the Premises of Link Hire as specified in the Hire Documents
“Rates” means the fees and charges payable by the Customer for the use of the Equipment pursuant to this Agreement, whether as contained in the Hire Documents or otherwise notified by the Supplier.
“Rehire Period” means that part of the Hire Term that automatically commences upon the end of the Initial Hire Period, unless the Customer notifies Link Hire that it wishes to cease its hire of the Equipment at or before the end of the Initial Hire Period.
“Remote Area” means any location which is more the 50 kilometres from the Link Hire branch from where the Equipment is hired.
“Replacement Value” means the total cost to the Owner, including all delivery and statutory charges of purchasing the relevant Equipment of an equivalent age and condition, excluding Equipment that is less than 12 months old which will be valued as new equipment
“Services” means the services specified in clause
“Site” means the site specified in the Hire Documents.
"Special Waste" refers to any waste that is radioactive, volatile, flammable, explosive, biomedical, toxic, hazardous, or otherwise classified by regulations as unsuitable for disposal at commercial trade waste facilities operated by the Supplier; or waste that Link Hire reasonably excludes. 
“Suppliers Website” means the universal resource locator (“URL”) www.tfh.com.au or any successor URL, including forwarded or sub-domains.
“the Company” means Link Hire Pty Ltd ABN 76 620 830 266, and any other related body corporate or subsidiary of this company trading under various names (including their successors and permitted assigns)
“Toilet” means all portable toilets and related products hired to the Customer pursuant to the Hire Agreement.
"Waste" refers to effluent, portable toilet, and septic waste generated by or in the possession of the Customer, excluding Special Waste (unless Link Hire has explicitly agreed in writing to provide services for Special Waste).
2.    LINK HIRE OBLIGATIONS
2.1.    Link Hire will:
a)    Allow the Customer to take and use the Equipment for the Hire Period;
b)    Provide the Equipment to the Customer clean and in good working order;
c)    Collect the Equipment within 5 days of being requested to do so by the Customer and issuing to the Customer a Customer Pick Up Number.
2.2.    NOTE TO CUSTOMER: You must return the Equipment at your expense when due back unless you obtain a Customer Pick Up Number from Link Hire.
3.    OBLIGATIONS OF THE CUSTOMER
3.1.    The Customer must:
a)    Ensure the equipment stays in good working order and isn't damaged or deteriorating.
b)    Ensure that the equipment must be used safely, lawfully, and skilfully, meaning it should not be misused, and the customer must follow all the laws and regulations related to its use.
c)    not remove or relocate the Hire Goods from the Location, without the prior written consent of the Company;
d)    not Lose or part with possession of the Equipment;
e)    not in any way alter, modify, tamper, damage or repair the Hire Goods, without the prior written consent of the Company;
f)    ensure that the Company has sufficient access to the Location and the Hire Goods to enable it to perform any Services requested by the Customer; and
g)    ensure that on the Hire End Date, the Hire Goods are available for collection by the Company from the Location in the same good and clean condition in which they were when delivered to the Customer on the Hire Start Date, fair wear and tear excepted
h)    ensure that the Hire Goods are not used in connection with illegal, prohibited or dangerous activities;
i)    Satisfy itself at Commencement that the Equipment is suitable for its purposes;
j)    Indemnify Link 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 because of the use of the Equipment;
k)    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;
l)    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 licenced; and
m)    Report and provide full details to Link Hire of any accident or damage to the Equipment within 2 business days of the accident or damage occurring.
4.    PAYMENTS BY THE CUSTOMER TO LINK HIRE
4.1.    On or before Commencement (or as otherwise specifically agreed with Link Hire), the Customer will pay the Hire Charge.
4.2.    Immediately on request by Link Hire, the Customer will pay:
a)    the new list price of any Equipment which is for whatever reason not returned to Link Hire.
b)    (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)
c)    all costs incurred in cleaning the Equipment;
d)    The full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;
e)    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;
f)    all costs incurred by Link Hire in delivering and recovering possession of the Equipment;
g)    Interest for late payment of amounts owing by the customer, at the pre-judgement interest rate set by the Local Court of TAS from time to time;
h)    The Kilometre Charge and any additional Hire Charges;
i)    the cost of fuels and consumables provided by Link Hire and not returned by the Customer;
j)    any expenses and legal costs (including commission payable to a commercial agent) incurred by Link Hire in enforcing this Contract due to the Customers default.;
k)    all costs of repairing or replacing tyres, including road service; and
4.3.    if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract.
4.4.    Without limiting the ability of Link Hire to recover all amounts owing to it, the Customer authorises Link Hire to charge any amounts owing by the Customer to any credit card or account details of which are provided to Link Hire.
4.5.    Link Hire may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.
5.    TITLE AND OWNERSHIP
5.1.    Ownership in and title to the Equipment remains with Link Hire at all times and under all circumstances.
5.2.    The Equipment shall at all times, be taken to be personal property of Link hire and not fixtures, despite having been connected to an electricity point, gas supply outlet, plumbing connection or another appliance or otherwise affixed to land owned or occupied by the Customer or a third party.
5.3.    The Customers right to use the Equipment is as a bailee only.
5.4.    Customer must not offer, sell, assign, sub-let, charge, mortgage, pledge, dispose or purport to dispose of, or create any form of security interest (as defined in PPS Law) over the Equipment other than with the express written consent of Link Hire.
5.5.    Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless Link Hire (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Link Hire and must be expressed to be subject to the rights of Link Hire under this agreement. Customer may not vary a sub-hire without the prior written consent of Link Hire (which may be withheld in its absolute discretion).
5.6.    Unless otherwise agreed by the Supplier, the Customer must identify and store the Equipment in a manner that clearly shows that it is the property of the Supplier.
6.    PPS ACT
6.1.    Unless a contrary intention appears, words or expressions in this PPS Act clause that are defined in the PPS Act have the same meaning as given to them in the PPS Act.
6.2.    If at any time Link Hire determines that this document (or any of the transactions contemplated by or under it) creates a security interest in its favour over any personal property, Link Hire may apply for any registration, or give any notification, in connection with that security interest and the Customer must promptly, upon the Company’s reasonable request, do any thing (including, without limitation, signing and producing documents, getting documents completed or signed, obtaining consents and supplying information) to:
a)    provide more effective security over the relevant personal property;
b)    ensure that any such security interest in favour of the Company:
i)    is at all times enforceable, perfected (including, where applicable, by control as well as by registration) and otherwise effective; and
ii)    ranks as a first priority security interest;
c)    enable the Company to prepare and register a financing statement or a financing  change statement or give any notification in connection with that security interest; and
d)    enable the Company to exercise any of its rights or perform any of its obligations in connection with any such security interest or under the PPS
6.3.    All costs and expenses arising as a result of actions taken by either party pursuant to this clause 6 will be for the account of the Within 10 days of a written request, the Customer must pay to the Company any costs or expenses incurred or to be incurred in connection with this clause 6.
6.4.    If for any reason clause 3(a) is determined by a court of competent jurisdiction to be void or otherwise unenforceable, the parties will each bear their own costs in connection with this clause 6.
6.5.    If Chapter 4 of the PPS Act would otherwise apply to the enforcement of the security interest created under this document, the Customer agrees that the following provisions of the PPS Act will not apply:
a)    section 95 (notice of removal of accession), to the extent that it requires the Company to give a notice to the Customer;
b)    section 121(4) (enforcement of security interests in liquid assets – notice to grantor);
c)    section 125 (obligation to dispose of or retain collateral);
d)    section 130 (notice of disposal), to the extent that it requires the Company to give a notice to the Customer;
e)    paragraph 132(3)(d) (contents of statement of account after disposal);
f)    subsection 132(4) (statement of account if no disposal);
g)    section 142 (redemption of collateral); and
h)    section 143 (reinstatement of security agreement).
6.6.    Neither Link Hire nor any receiver or receiver and manager appointed by  the Company  need give the Customer any notice required under the PPS Act (including, without limitation, a notice of a verification statement under section 157 of the PPS Act) unless the requirement for the notice cannot be excluded.
6.7.    Neither party will disclose to a person or entity that is not a party to this document information of the kind mentioned in section 275(1) of the PPS Act unless section 275(7) of the PPS Act applies or that information is publicly available.
7.    LOST, STOLEN OR DAMAGED HIRE GOODS
7.1.    The Customer further warrants to obtain all permits required to satisfy all legislation including but not limited to planning, environmental, health and safety laws.
7.2.    The Customer will be liable for any loss, damage, or theft of the Equipment for any reason, including the costs associated with repairing or replacing the Equipment, unless the damage is, in Link Hire’s sole discretion, deemed to be a result of normal wear and tear.
7.3.    Any Equipment that cannot be safely collected by Link Hire from the Site, or that is not returned by the Customer at the end of the Hire Term, will be considered missing and the Customer will be charged for it.
8.    DAMAGE WAIVER
8.1.    The Customer must either pay the Damage Waiver to the Company, at the same time as paying the Hire Charges
8.2.    Damage Waiver applies to all hires, subject to the conditions below, for no additional fee. The Damage Waiver Excess is the actual recovery and repair cost of the Equipment as reasonably determined by Link Hire.
8.3.    Damage Waiver is not insurance, but is an agreement by Link Hire that the Customer’s liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.
8.4.    Despite the payment of the Damage Waiver, the Customer agrees to indemnify and hold the Company harmless against all costs, expenses and losses incurred by the Company if:
8.5.    the Damage Waiver election was made, and fee paid, after the loss or damage to the Hire Goods at the Location had occurred;
8.6.    the Company considers, on reasonable grounds, that the Customer failed to take reasonable precautions to protect and secure the Hire Goods;
8.7.    the loss or damage is caused by vandalism by the Customer (including but not limited to graffiti), or vandalism by a third party that ought to have been reasonably foreseen by the Customer, and the Customer did not take such steps as were reasonable in the circumstances in an attempt to prevent such acts of vandalism occurring;
8.8.    the Equipment is lost or stolen
8.9.    the equipment has been wilfully and negligently damaged by the Customer or its employees or agents;
8.10.    the loss or damage was sustained, or substantially contributed to, by:
a)    a breach of this document by the Customer;
b)    an act or omission of the Customer; or
c)    use of the Hire Goods in contravention of applicable laws, rules and regulations (including but not limited to local government requirements), or contrary to the instructions supplied by the Company to the Customer;
9.    EXCLUSION OF WARRANTIES AND LIABILITIES
9.1.    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.
9.2.    Where the Australian Consumer Law applies and the goods are not of a kind ordinarily acquired for personal domestic or household use or consumption, Link 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.
9.3.    To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. Link 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.
10.    REMOTE HIRE
10.1.    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 Link Hire (‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometre rate travelled by Link Hire staff or contractors 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 Link Hire and its staff in connection with travel to and from the Remote Area;
b)    Multiple 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 Equipment in its possession, including daily checking of all fluids (fuel, oil, water, battery levels etc) and general tightening of any loose nuts, bolts, belts or fittings and lubrication of all grease points.
11.    BREACH OF HIRE CONTRACT BY CUSTOMER
11.1.    If the Customer breaches any clause whatsoever of this Contract and does not remedy the breach within 7 days’ notice of the breach, or becomes bankrupt, insolvent or ceases business then;
11.2.    Link 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 authorized 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.
11.3.    make the Hire Charges immediately due and payable; and/or
11.4.    without liability and without affecting or limiting any other rights or remedies available to the Company under this document or otherwise at law.
11.5.     9.2       The Customer indemnifies Link 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.
12.    DISPUTES
12.1.    The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Link 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.
12.2.     If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due to Link Hire), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
13.    LIMITATION OF LIABILITY
13.1.    To the maximum extent permitted by law, the Company’s liability to the Customer for a breach of any of the Non- Excludable Guarantees in respect of any Hire Goods or services provided to the Customer under this document (including but not limited to the Hire Goods and Services) is limited to any one of the following, at the option of the Company:
a)    in the case of goods, including any Hire Goods provided under any Contract – replacement of the Hire Goods or the supply of equivalent Hire Goods, repair of the Hire Goods, payment of the cost of replacing the Hire Goods or acquiring equivalent Hire Goods, or payment of the costs of having the Hire Goods repaired; and
b)    in the case of services, including any Services provided – the supply of the services again, or payment of the cost of having the services supplied again.
14.    INDEMNITY
14.1.    To the fullest extent permitted by law, the Customer will at all times indemnify and keep indemnified the Company and its representatives (those indemnified) against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against those indemnified) that those indemnified may sustain or incur as a result, whether directly or indirectly, of the occurrence of an Event of Default, or any personal or property damage occasioned to any person as a result of the Customer’s breach of this document.
15.    PRIVACY
15.1.    Link Hire will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the Link Hire Privacy Statement is available upon request or by visiting, www.linkhire.com.au.
16.    FORCE MAJEURE
16.1.    Notwithstanding anything else contained in this document, the Company will not be liable for any delay in or failure to comply with this document if such delay or failure is caused by a Force
17.    AMENDMENT
17.1.    These Terms of Hire may be changed by Link Hire from time to time by Link Hire giving notice of the amendment to the Customer. Notice is deemed given when Link 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 website www.Linkhire.com.au; or (c) displays the amended terms at premises from which Link Hire conducts hire operations.
18.    GOVERNING LAW
18.1.    This document is governed by the law in force in the state of Tasmania. The parties submit to the non-exclusive jurisdiction of the courts of that State and the Registry of the Federal Court of Australia in that State in respect of all proceedings arising in connection with this document.

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