Hire Terms & Conditions

The following terms and conditions are set out in our standard Hire Agreement and come into effect when any piece of equipment is hired.

“The Owner” refers to DO YOUR BLOCK (VIC) PTY. LTD. ABN 51630099437.

“The Hirer” refers to the person or entity specified in the Hire Agreement.

“The Agreement” or “The Hire Agreement” refers to the agreement made at the time of equipment hire between the Owner and the Hirer.

“Casualty Value” refers to market value of the Equipment at the date of the Hire Agreement or when in relation to a total loss the market value of the Equipment had at the date of the Agreement.

“Equipment” refers to the equipment specified in the Hire Agreement.

“Total Loss” refers to any loss or damage to the Equipment that is not repairable.

The Owner agrees to Hire the Equipment to the Hirer and the Hirer agrees to Hire the Equipment from the Owner in accordance with the terms set out in the Agreement.

The Agreement commences on the date and time specified in the Details Of Hire or until the Equipment is returned to the Owner.

The rental rate for the Equipment is exclusive of GST (to be added) and is to be paid on the first day prior to the Hirer taking possession of the Equipment.  A late fee will apply if the Equipment is not returned on the date and time specified in the Details Of Hire or discussed otherwise .  The late fee shall be calculated as the daily rental rate plus 10% for every day or part thereof that the Equipment is late.

The Hirer will, at the Hirers own expense and risk,  pick up and transport the Equipment from and return to,  the Owner at the address specified in the Hire Agreement.

The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturers requirements and recommendations respecting the Equipment and with any applicable law whether local state or federal respecting the use of the Equipment including but not limited to environmental law.   The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.  Unless the Hirer obtains  prior written consent from the Owner, the Hirer will not alter modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the Equipment in any way.

The Hirer will, at his own expense,  keep the Equipment in good repair appearance and condition as received.  Normal and reasonable wear and tear excepted.  If the Equipment is not in good repair, appearance and condition when it is returned to the Owner,  the Owner may make such repairs  as are necessary to put the Equipment in a state of good repair, appearance and condition. The Owner will give the Hirer written notice of any costs relating to the said repairs and provide an Invoice/s to the Hirer.   Upon receipt of such invoice/s the Hirer will immediately reimburse the Owner for the repairs.

The Equipment will be in good working order and good condition upon delivery.  The Equipment is of merchantable quality and is fit for the following purpose for which it is intended.

To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.   If the Equipment is lost or damaged the Hirer will continue paying rent. Provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.  In the event of total loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay the Owner all unpaid rent for the term plus the casualty value of the Equipment, at which point, the Ownership of the Equipment passes over to the Hirer.

At the end of the term or upon earlier termination of the Agreement,  the Hirer will return the Equipment at his own cost, expense and risk to the Owner by returning/delivering the Equipment to the Owner.  If the Hirer fails to return the Equipment to the Owner at the end of the term or any earlier termination of the Agreement, the Hirer will pay the Owner any unpaid rent for the term plus the casualty value of the Equipment plus 10% of the casualty value of the Equipment at which point the Ownership of the Equipment will pass to the Hirer.

No insurance coverage for the Equipment is provided by the Owner. All and any insurance requirements or obligations including, but not limited to public liability, shall be and always remain the responsibility of the Hirer.

The occurrence of any one or more of the following events will constitute an event of default under the Agreement:

• The Hirer fails to pay any amount provided for in the Agreement when such amount is due or otherwise breaches the Hirers obligations under the Agreement;
• The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of Australia;
• A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days

The occurrence of an event of default, the Owner will be entitled to pursue any one or more of the following remedies:

• Declare the entire amount of the rent for the term immediately due and payable without notice or demand to the Hirer;
• Apply the deposit paid (if any) toward any amount owing to the Owner;
• Commence legal proceedings to recover the rent and other obligations accrued before and after the event of default;
• Take possession of the Equipment,  without demand or notice, wherever same may be located, without any court order or other process of law,  The Hirer waives any and all damage occasioned by such taking of possession;
• Terminate the Agreement immediately upon written notice to the Hirer;
• Pursue any other remedy available in law or equity.

The Hirer will not assign the Agreement, the Hirers interest in the Agreement or the Hirers interest in the Equipment without prior written consent of the Owner.  If the Hirer assigns the Agreement, the Hirers interest in the Agreement or the Hirers interest in the Equipment without the written consent of the Owner,  the Owner will have recourse to the remedies and will be entitled to all damages caused by the assignment.

Service of all notices under the Agreement will be delivered personally or sent by registered mail or courier to the addresses specified.

The Agreement will be construed in accordance with and governed by the laws of Australia and the Parties submitted to the exclusive jurisdiction of the Australian courts.

The Agreement may be executed in counterparts.  Facsimile and electronic signatures are binding and considered to be original signatures.

The Agreement will extend to and be binding upon and inure to the benefit of the respective heirs,  executors,  administrators,  successors and assigns, as the case may be,  of each Party to the Agreement.

Neither party will be liable in damages or have the right to terminate the Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including,  but not limited to;  Acts of God,  Government restrictions,  Wars,  Insurrections,  Natural Disasters and/or any other cause beyond the reasonable control of the Party whose performance is affected.