Terms and Conditions

BNS Equipment Hire & Haulage agrees to hire the Equipment requested by the Hirer on the terms and conditions set out below. Words in ITALICS are defined at clause 24.1 below.

  1. Contract Formation
    1.1 The Hirer shall be deemed to have accepted these terms and conditions and
    any Quotation and entered into an agreement with BNS Equipment Hire &
    Haulage if the Hirer:
    (a) gives or continues to give instructions to BNS Equipment Hire & Haulage
    for the hire of the Equipment and or Labour Personnel, or
    (b) verbally accepts the Quotation.
    1.2 Notwithstanding Clause 1.1, BNS Equipment Hire & Haulage may insist on the
    Hirer accepting the Quotation and these terms and conditions in writing by
    signing the Quotation or another form of written acceptance.
  2. Hire of Equipment and Labour
    2.1 BNS Equipment Hire & Haulage agrees to hire the Equipment and the Labour
    Personnel to the Hirer for the Hire Period on the terms of this Agreement.
    2.2 BNS Equipment Hire & Haulage may in its sole discretion, decide whether to
    accept the return of the Equipment before the Hire End Date. Such an
    acceptance does not alter the Hire Fee. The Hirer will remain liable for the Hire
    Fee despite early return of the Equipment.
    2.3 The Hirer is further liable for the Hire Fee regardless of the Equipment and/or
    the Labour Personnel being cancelled or stood down due to inclement weather,
    operational constraints or an industrial dispute involving the Hirer or the Site or
    any other delay on the part of the Hirer.
    2.4 The Hirer warrants that it:
    (a) has not relied on any representation by BNS Equipment Hire & Haulage
    in relation to the suitability of the Equipment for any purpose,
    (b) has satisfied itself as to the suitability, condition and fitness of the
    Equipment,
    (c) will only use the Equipment in accordance with the recognised methods
    and use for equipment of the type, and
    (d) will keep the Equipment clean and in good working order and repair.
    2.5 The Hirer agrees to use, operate and possess the Equipment at the Hirer’s risk.
    2.6 Title to the Equipment shall at all times vest in BNS Equipment Hire & Haulage.
    2.7 BNS Equipment Hire & Haulage shall be entitled to inspect the Equipment at
    any time on reasonable notice.
    2.8 A minimum of one (1) calendar day hire for Equipment and a minimum of four
    (4) hours in a single day calendar for each Labour Personnel assigned to the
    Hirer will apply.
    2.9 BNS Equipment Hire & Haulage may replace a Labour Personnel at any time
    during the Hire Period with another equally qualified Labour Personnel at BNS
    Equipment Hire & Haulage’s sole discretion.
  3. Hire Fee & Other Charges
    3.1 The Hirer shall pay to BNS Equipment Hire & Haulage the Hire Fee and other
    money that becomes payable under the Agreement (without any set off) in the
    manner and at the times stated in the Agreement, including:
    (a) BNS Equipment Hire & Haulage’s costs of delivering and/or collecting the
    Equipment to or from the Site, or another location requested by the Hirer,
    (b) BNS Equipment Hire & Haulage’s costs of repairing any damage to the
    Equipment for which the Hirer is responsible,
    (c) Late Hire Fee, if applicable,
    (d) all charges incurred by BNS Equipment Hire & Haulage for any
    infringement or fines during the Hire Period, if the infringements or fines
    were caused or contributed to by the Hirer’s actions or omissions,
    (e) a $150 cleaning fee if the Equipment has not been thoroughly cleaned,
    with all rocks and dirt removed, by the Hirer at the end of the Hire Period,
    (f) $4.50 per litre if the Hirer has failed to refuel the Equipment at the end of
    the Hire Period,
    (g) the costs and expenses incurred by BNS Equipment Hire & Haulage in
    repossessing the Equipment, if the Hirer fails to return the Equipment in
    accordance with this Agreement, and
    (h) the full replacement cost of the Equipment where the Hirer fails or refuses
    to return the Equipment or make the Equipment available for collection.
    3.2 The Hirer acknowledges that the Hire Fee has been agreed on the basis of a
    daily rate of a 12 hour period in a calendar day for dry hire (hire of Equipment
    only), and an hourly rate for wet hire (hire of Equipment and Labour Personnel).
    Where the Equipment is:
    (a) returned to BNS Equipment Hire & Haulage after, or
    (b) not available for free and unimpeded access for collection by BNS
    Equipment Hire & Haulage on,
    the Hire End Date the Hirer will be liable for the Late Hire Fee until a Hire Return
    Docket is provided, unless otherwise agreed in writing by BNS Equipment Hire
    & Haulage.
    3.3 The Hirer agrees, accepts and authorises all costs and charges incurred in
    relation to this Agreement to be charged to the credit card, details of which has
    been supplied for this purpose (“Credit Card”).
    3.4 The Hirer authorises BNS Equipment Hire & Haulage to reserve credit or
    obtain authorisation on the Credit Card for the amount and the expected
    cost of the Hire Fee plus a security bond recorded on the Order Hire Form
    (“Security Bond”).
    3.5 The Hirer authorises BNS Equipment Hire & Haulage to charge the Credit
    Card to pay the Hire Fee and/or for the Security Bond, together with any
    amount that the Hirer owes BNS Equipment Hire & Haulage under this
    Agreement up to 60 days after the Equipment has been returned.
  4. Delivery of Equipment
    4.1 Delivery of the Equipment is taken to occur when:
    (a) BNS Equipment Hire & Haulage or BNS Equipment Hire & Haulage’s
    nominated carrier delivers the Equipment to the Site or address or third
    party nominated by the Hirer, even if the Hirer is not present at the
    address, or
    (b) if the Hirer has chosen to pick-up the Equipment from BNS Equipment Hire
    & Haulage, the time of pick-up.
    4.2 Unless otherwise specified in the Quotation, the cost of delivery is payable by
    the Hirer in addition to the Hire Fee.
    4.3 BNS Equipment Hire & Haulage shall make reasonable efforts to deliver the
    Equipment to the Hirer or its designated agent in accordance with any
    agreement between the parties, or in the absence of any specific agreement,
    within a reasonable time, but shall not be liable for:
    (a) any failure to deliver or delay in delivering the Equipment for any reason,
    or
    (b) any damage to property caused upon entering premises to deliver the
    Equipment, unless caused by BNS Equipment Hire & Haulage’s negligent
    act or omission.
    4.4 The Hirer shall accept delivery of the Equipment even if late. In the event that
    the Hirer fails to accept delivery of the Equipment at the time of delivery, the
    Hirer shall still be liable to pay the Hire Fee.
    4.5 The Hirer shall be responsible for receiving and unloading the Equipment upon
    delivery, unless otherwise agreed in writing by BNS Equipment Hire & Haulage.
  5. Return of Equipment
    5.1 Unless the Quotation specifies the Hirer is to return the Equipment to BNS
    Equipment Hire & Haulage:
    (a) the Hirer must provide BNS Equipment Hire & Haulage with at least 24
    hours’ notice in writing of the time on which the Hirer requires BNS
    Equipment Hire & Haulage to collect the Equipment,
    (b) upon collection of the Equipment, BNS Equipment Hire & Haulage will
    inspect the condition and quantity of the Equipment at the Site prior to its
    removal, and
    (c) issue the Hirer with a Hire Return Docket.
    5.2 Where the Quotation specifies that the Hirer is to return the Equipment to BNS
    Equipment Hire & Haulage:
    (a) the Hirer must provide BNS Equipment Hire & Haulage with at least 24
    hours’ notice in writing of the time on which the Hirer will be returning the
    Equipment,
    (b) upon delivery of the Equipment to the address nominated by BNS
    Equipment Hire & Haulage, BNS Equipment Hire & Haulage will inspect
    the Equipment, and
    (c) issue the Hirer with a Hire Return Docket.
    5.3 Unless the Hirer disputes any matter on the Return Docket within two (2)
    business days of receiving the Return Docket, the Return Docket shall be
    deemed to include an accurate description of the Equipment in the condition
    that it was returned or collected.
    5.4 The Hirer irrevocably authorises and licenses BNS Equipment Hire & Haulage
    and its servants and agents to enter any premises where BNS Equipment Hire
    & Haulage believes the Equipment may be stored and to take possession of
    the Equipment for the purposes of recovering possession of the Equipment.
    5.5 The Equipment must be collected or returned in the same condition and good
    working order it was in when the Hirer received it, ordinary fair wear and tear
    excluded.
  6. Hirer Responsibilities
    6.1 The Hirer must:
    (a) if they choose to pick up and drop off the Equipment from BNS Equipment
    Hire & Haulage, ensure their vehicle and/or trailer has the legal capacity
    and capability to stow and/or tow the Equipment,
    (b) ensure persons operating the Equipment:
    (i) are suitably trained on its safe and proper use, qualified to use the
    Equipment and where necessary, hold a current license to perform
    high risk work, and
    (ii) wear suitable clothing and protective equipment when operating the
    Equipment as required or recommended by BNS Equipment Hire &
    Haulage or the manufacturer,
    (c) ensure that no persons operating the Equipment are under the influence
    of drugs or alcohol,
    (d) conduct a job safety analysis prior to using the Equipment,
    (e) ensure that no persons carry illegal, prohibited or dangerous substances
    in or on the Equipment,
    (f) display all safety signs and instructions (as required by law) and ensure
    that all instructions and signs are observed by operators of the Equipment,
    (g) clean, fuel and lubricate and keep the Equipment in good condition and in
    accordance with the instructions of BNS Equipment Hire & Haulage and/or
    the manufacturer at the Hirer’s cost,
    (h) return the Equipment to BNS Equipment Hire & Haulage cleaned, fueled
    and lubricated,
    (i) not in any way alter, modify, tamper with, damage or repair the Equipment
    without first obtaining the prior written consent of BNS Equipment Hire &
    Haulage,
    (j) not deface, remove, vary or erase any identifying marks, plate number,
    notices or safety information, on the Equipment,
    (k) not allow or authorise any other person or entity to use, re-hire or have
    possession of the Equipment at any time, unless expressly agreed by BNS
    Equipment Hire & Haulage in writing,
    (l) whenever moving the Equipment, ensure the safe loading, securing and
    transporting of the Equipment in accordance with the laws and
    manufacturers guidelines,
    (m) observe any safety directions advised by BNS Equipment Hire & Haulage
    and/or the manufacturer of the Equipment to ensure a safe loading and
    handling,
    (n) at all times during the Hire Period, store the Equipment safely and securely
    and protected from theft, seizure, loss or damage,
    (o) not remove the Equipment from the state or territory in which the Hirer
    hired it,
    (p) not use the Equipment over water, in an underground mine or
    underground application or for works on overhead structures, without BNS
    Equipment Hire & Haulage prior written consent,
    (q) comply with all laws from time to time and immediately rectify any breach
    of any law caused by the use of the Equipment,
    (r) use best endeavours to ensure that the Equipment is not contaminated
    with hazardous substances, and if the Equipment may have been subject
    to contamination, effectively decontaminate the Equipment as well as
    provide to BNS Equipment Hire & Haulage written details of the
    decontamination process applied,
    (s) keep Equipment at the location at which it was delivered or at which its
    intended use was disclosed to BNS Equipment Hire & Haulage prior to
    collection and not remove the Equipment from that location, and
    (t) keep the Equipment in the Hirer’s sole possession and control.
    6.2 Where the hire under this Agreement includes the hire of Labour Personnel,
    the Hirer must:
    (a) provide a structured site and job safety induction for the Labour Personnel,
    (b) treat all Labour Personnel fairly,
    (c) not do anything that would cause BNS Equipment Hire & Haulage to be in
    breach of work health and safety or employment laws,
    (d) comply with all workplace health and safety laws and all other legal
    requirements relating to the work environment,
    (e) have adequate insurance to cover death or personal injury caused or
    contributed by any Labour Personnel of not less than $20 million,
    (f) provide a safe and healthy workplace and safe system of work for all
    Labour Personnel,
    (g) assist resolve any industrial dispute involving any Labour Personnel, and
    (h) adequately supervise all Labour Personnel at all reasonable times.
    6.3 If any issue arises concerning the performance of any Labour Personnel or any
    potential or alleged misconduct of any Labour Personnel, the Hirer must:
    (a) immediately advise BNS Equipment Hire & Haulage,
    (b) co-operate with BNS Equipment Hire & Haulage to deal with the matter as
    considers appropriate, and
    (c) provide BNS Equipment Hire & Haulage with reasonable access to the
    Labour Personnel in question.
    6.4 BNS Equipment Hire & Haulage may from time to time attend the Hirer’s work
    site for the purpose of carrying out occupational health and safety inspections
    with its Labour Personnel on site and the investigation of incidents and injuries.
  7. Progress Claims
    7.1 BNS Equipment Hire & Haulage may issue a Progress Claim under this
    Agreement on or after:
    (a) the acceptance of the Quotation,
    (b) every seven (7) days,
    (c) on the Hire Start Date, and
    (d) at the end of the Hire Period.
    7.2 BNS Equipment Hire & Haulage may serve a Progress Claim on the Hirer by
    any method that it is entitled to give notice under the Agreement.
    7.3 The Hirer shall pay all fees and charges payable under this Agreement within
    28 days of receiving a Progress Claim from BNS Equipment Hire & Haulage.
  8. Variations
    8.1 A Variation occurs if the Hirer and BNS Equipment Hire & Haulage agree in
    writing to a Variation.
    8.2 The price of a Variation is payable progressively.
    8.3 If the price of a Variation is not particularised to the Hirer at the time of the
    agreement, the price of the Variation will be the daily rate, or hourly rate, as
    applicable to the Equipment as particularised in the Quotation, or if no amount
    is specified, as advertised on BNS Equipment Hire & Haulage’s website at the
    relevant time.
    8.4 Notwithstanding any other clause herein, BNS Equipment Hire & Haulage is
    under no obligation to accept a Variation requested by the Hirer, including a
    request to return the Equipment early, or reduce the hours of the Labour
    Personnel.
  9. Equipment Break Down
    9.1 In the event the Equipment breaks down or becomes unsafe to use during the
    Hire Period, the Hirer must:
    (a) immediately stop using the Equipment and notify BNS Equipment Hire &
    Haulage,
    (b) take all steps necessary to prevent injury occurring to persons or property
    as a result of the condition of the Equipment,
    (c) take all steps necessary to prevent any further damage to the Equipment
    itself, and
    (d) not repair or attempt to repair the Equipment without BNS Equipment Hire
    & Haulage’s written consent.
    9.2 Except if clause 10.1 applies, upon receiving notice from the Hirer under clause
    9.1(a), BNS Equipment Hire & Haulage will:
    (a) take all reasonable steps to repair the Equipment or provide suitable
    substitute Equipment as soon as reasonably possible after being notified
    by the Hirer, and
    (b) not impose a Hire Fee for that portion of the Hire Period for which the
    Equipment was broken down or unsafe, nor the costs associated with any
    repair or replacement of the Equipment.
  10. Lost, Stolen or Damaged Equipment
    10.1 If the Equipment has broken down or becomes unsafe to use as a result of the
    Hirer’s actions or omissions (or the acts or omissions of the Hirer’s employees
    or contractors) or if the Equipment is lost, stolen or damaged beyond fair wear
    and tear during the Hire Period, the Hirer will be liable for:
    (a) any costs incurred by BNS Equipment Hire & Haulage to recover and
    repair or replace the Equipment, including any insurance excess, and
    (b) the Hire Fee for that portion of the Hire Period during which the Equipment
    is being recovered and repaired or replaced.
    10.2 Provided the Hirer pays the costs and charges described in clause 10.1, BNS
    Equipment Hire & Haulage will return or replace the Equipment, and the Hirer
    must continue to pay the Hire Fee for the remainder of the Hire Period.
    10.3 The Hirer shall notify BNS Equipment Hire & Haulage in writing as soon as
    practicable upon it becoming aware of any loss or damage to the Equipment in
    excess of fair wear and tear.
  11. Dispute Resolution
    11.1 If a dispute arises either party may give written notice of the dispute to the other
    party adequately identifying and providing details of the dispute and the
    matters, things or steps that the party considers are required to resolve the
    dispute (“the Dispute Notice”).
    11.2 The parties must meet at least once within five (5) Business Days of either
    party serving a Dispute Notice to attempt to resolve the dispute.
    11.3 At every meeting of the parties under this clause:
    (a) the parties must be represented by a person having authority to agree to
    a resolution, and
    (b) anything done or said shall be privileged and kept confidential.
    11.4 If the dispute is resolved the parties must write down the resolution and sign it.
    11.5 If the dispute is not resolved within 10 Business Days of the date on which a
    party gave the Dispute Notice, the parties must endeavour to resolve the
    dispute by mediation and the following clauses shall apply:
    (a) the mediation will be held within 25 Business Days of the date on which a
    party gave the Dispute Notice,
    (b) the mediator will be appointed jointly by the parties, or in the absence of
    such joint appointment, appointed by the President of the Law Society of
    the State or Territory which the Agreement is governed by at the request
    of either party,
    (c) the mediation shall be conducted in accordance with the procedures
    determined by the mediator, and
    (d) the parties shall share equally the costs of the mediation.
    11.6 The time periods stipulated in this clause shall apply unless a longer time is
    agreed between the parties in writing in relation to any such stipulation.
    11.7 Nothing in this clause affects the rights of the parties pursuant to the Security
    of Payment Law or prevents either party from commencing urgent injunctive or
    interlocutory proceedings in a competent Court.
    11.8 This clause shall survive the termination of this Agreement.
  12. Default & Termination of Contract
    12.1 Without limiting clause 12.2, BNS Equipment Hire & Haulage may terminate
    the Agreement if:
    (a) the Hirer is in default of the Agreement,
    (b) BNS Equipment Hire & Haulage has served notice in writing on the Hirer
    setting out details of the default and stating that BNS Equipment Hire &
    Haulage will be entitled to terminate the Agreement unless the default is
    remedied within a specified time of not less than two (2) days,
    (c) the Hirer fails to remedy the default within two (2) days of receiving a notice
    under clause 12.1(b), or such longer period as may be specified in the
    notice, and
    (d) the BNS Equipment Hire & Haulage serves written notice of termination
    whilst the default remains unsatisfied.
    12.2 If the Hirer fails to pay any money under the Agreement within seven (7) days
    of the due date for payment:
    (a) BNS Equipment Hire & Haulage may terminate the Agreement by notice
    in writing to the Hirer,
    (b) BNS Equipment Hire & Haulage shall be entitled to interest on the
    outstanding amount at the rate of 1.5% per calendar month calculated
    daily from the due date for payment and compounding monthly on the first
    day of each month until payment is received,
    (c) the Hirer shall indemnify BNS Equipment Hire & Haulage from and against
    all costs and disbursements incurred or payable by BNS Equipment Hire
    & Haulage in connection with the recovery of monies owing by the Hirer to
    BNS Equipment Hire & Haulage (including, without limitation, legal fees
    on an indemnity basis, collection agency costs and bank dishonour fees),
    and
    (d) BNS Equipment Hire & Haulage may cancel all other agreement for the
    hire of Equipment in connection with any other contract or contracts made
    with the Hirer to which these terms and conditions apply whereafter all
    amounts payable by the Hirer to BNS Equipment Hire & Haulage shall
    become payable immediately.
    12.3 The Hirer agrees to pay to BNS Equipment Hire & Haulage, as genuine preestimate of BNS Equipment Hire & Haulage’s costs:
    (a) a processing and handling fee of $20.00 in respect of each payment made
    under the Agreement that is not in satisfaction, or in satisfaction of the
    balance, of a Progress Claim, and
    (b) a default fee of $50.00 in respect of any failure by the Hirer to pay a
    Progress Claim by the due date for payment or by the corresponding day
    of each subsequent calendar month until the Progress Claim is paid in full.
    12.4 In the event of any default or termination of the Agreement the Hirer shall return
    the Equipment to BNS Equipment Hire & Haulage on demand.
    12.5 The Hirer irrevocably appoints BNS Equipment Hire & Haulage as its agent
    and authorises and licenses BNS Equipment Hire & Haulage to enter the Site,
    or other property where the Equipment is located, and repossess the
    Equipment upon termination of this Agreement.
  13. Limitation & Exclusion of Liability
    13.1 Subject to clause 13.3, and except as expressly provided to the contrary in this
    Agreement, all guarantees, terms, conditions, warranties, undertakings,
    inducements or representations whether express or implied, statutory or
    otherwise, relating to terms or their subject matter are excluded to the
    maximum extent permitted by law.
    13.2 Nothing in this Agreement excludes, restricts or modifies any right or remedy,
    or any guarantee, term, condition, warranty, undertaking, inducement or
    representation, implied or imposed by any legislation which cannot lawfully be
    excluded or limited.
    13.3 Where any legislation implies or imposes a guarantee, term, condition,
    warranty, undertaking, inducement or representation in relation to this
    Agreement and BNS Equipment Hire & Haulage is not able to exclude that
    guarantee, term, condition, warranty, undertaking, inducement or
    representation BNS Equipment Hire & Haulage’s liability to the Hirer (and any
    party claiming through the Hirer against BNS Equipment Hire & Haulage) for
    any claim for loss or damage (including legal expenses), whether arising in
    contract, tort or otherwise, in connection with the Agreement shall be limited to
    the lesser of the costs of: (i) hiring the Equipment and the Labour Personnel (if
    applicable) again, or (ii) payment of the costs of having the Equipment and the
    Labour Personnel (if applicable) hired again.
    13.4 To the maximum extent permitted by law, BNS Equipment Hire & Haulage’s
    maximum aggregated liability for claims under or relating to this Agreement or
    its subject matter, whether in contract, tort, equity, under statute, under an
    indemnity, based on fundamental breach or breach of a fundamental term or
    any other basis, is limited to an amount equal to the Hire Fee paid by the Hirer
    under this Agreement.
    13.5 BNS Equipment Hire & Haulage will not be liable to the Hirer for any acts or
    omissions of any Labour Personnel supplied to the Hirer where that Labour
    Personnel is acting under the direction and control of the Hirer during the Hire
    Period.
    13.6 BNS Equipment Hire & Haulage shall not be liable for any indirect, special or
    consequential loss or damage of any nature whatsoever, including in
    connection with any negligent act or omission on the part of BNS Equipment
    Hire & Haulage or any employee or contractor engaged by BNS Equipment
    Hire & Haulage, or any errors, mistakes or inaccuracies in information for which
    BNS Equipment Hire & Haulage may be responsible.
    13.7 For the purposes of this clause, ‘consequential loss’ includes, but is not limited
    to:
    (a) loss or damage not arising naturally, or according to the usual course of
    things, from the relevant event giving rise to that loss or damage, whether
    or not that loss may reasonably have been or supposed to have been in
    the contemplation of the parties as at the date of this Agreement, as a
    probable result of the relevant event,
    (b) indirect, economic, special or consequential loss,
    (c) loss in the nature of loss of profits, revenue, staff, data, production,
    opportunity, use or damage to reputation even if the relevant loss may
    reasonably have been or was supposed to have been in the contemplation
    of the parties as at the date of the Agreement, as a probable result of the
    relevant event, and
    (d) personal injury or property damage.
  14. Indemnity
    14.1 The Hirer is liable for and agrees to indemnify BNS Equipment Hire & Haulage
    against all liability, claims, damage, loss, costs and expenses (including,
    without limitation, legal fees, costs and disbursements on a full indemnity basis,
    whether incurred or awarded against BNS Equipment Hire & Haulage and any
    environmental loss, cost, damage or expense) in respect of:
    (a) damage to property,
    (b) personal injury, or
    (c) a claim by a third party,
    in respect of the Hirer’s hire or use (or the Hirer’s employees or contractors
    use) of the Equipment or the Hirer’s breach of these terms and conditions.
    14.2 The Hirer further indemnifies BNS Equipment Hire & Haulage against all
    liability, claims, damage, loss, costs and expenses (including, without
    limitation, legal fees, costs and disbursements on a full indemnity basis,
    whether incurred or awarded against BNS Equipment Hire & Haulage and any
    environmental loss, cost, damage or expense) arising from or incurred in
    connection with any acts or omissions of any Labour Personnel supplied to the
    Hirer where that Labour Personnel is acting under the direction and control of
    the Hirer during the Hire Period.
    14.3 The Hirer’s liability under these indemnities is diminished to the extent that BNS
    Equipment Hire & Haulage’s negligence caused the liability, claims, damage,
    loss, costs or expenses.
    14.4 Each indemnity in these terms and conditions is a continuing obligation,
    separate and independent from the other obligations of the parties and survives
    termination, completion and expiration of these terms and conditions. It is not
    necessary for a party to incur expense or make any payment before enforcing
    any right of indemnity granted by these terms and conditions.
  15. Restrictions on Contracting with Labour Personnel
    The Hirer agrees that it will not during the period of twelve (12) months after
    the expiration or earlier termination of this Agreement solicit, interfere with,
    engage, employ or endeavor to entice away from BNS Equipment Hire &
    Haulage any Labour Personnel.
  16. Force Majeure
    16.1 Neither party will be responsible for any delays in delivery or collection of
    Equipment where the cause was due to an act of God, war, terrorism, civil
    commotion, embargo, orders or regulations of governments of any relevant
    jurisdictions, fires, floods, strikes, lockouts or pandemics.
    16.2 Nothing in this clause will limit or exclude the Hirer’s responsibility and liability
    under this Agreement for Equipment that is lost, stolen or damaged beyond fair
    wear and tear during the Hire Period, or has broken down or become unsafe
    to use as a result of the Hirer’s conduct, omission or negligence.
  17. Personal Property Security
    17.1 In this clause ‘amendment demand’, ‘attaches’, ‘financing statement’, ‘financing
    change statement’, ‘purchase money security interest’, ‘security agreement’,
    ‘security interest’ and ‘verification statement’ have the meanings given to them
    by the PPSA.
    17.2 The Hirer hereby:
    (a) charges all of their respective personal property as security for the
    performance by the Hirer of the Hirer’s obligations under the Agreement,
    and
    (b) acknowledges and consents to BNS Equipment Hire & Haulage
    registering any actual or impending purchase money security interest
    under the PPSA in respect of all Equipment and will do all things
    reasonably necessary to assist BNS Equipment Hire & Haulage register
    said interest.
    17.3 The Hirer shall:
    (a) promptly sign all documents and provide any further information that BNS
    Equipment Hire & Haulage may reasonably require to register a financing
    statement or financing change statement in relation to a security interest
    granted to BNS Equipment Hire & Haulage under the Agreement or any
    other document required to be registered under the PPSA,
    (b) notify BNS Equipment Hire & Haulage in writing of any intention to change
    the Hirer’s business practices including the sale or leasing of goods of like
    kind to the Equipment (or any part thereof) in the ordinary course of the
    Hirer’s business, and
    (c) on demand reimburse BNS Equipment Hire & Haulage for all costs and
    expenses incurred in registering a financing statement or financing change
    statement.
    17.4 The Hirer must give BNS Equipment Hire & Haulage notice if another party with
    a security interest in the Equipment seizes or otherwise deals with the
    Equipment.
    17.5 If the Hirer grants any security interest in the Equipment to another party, that
    other party must acknowledge the priority of BNS Equipment Hire & Haulage’s
    purchase money security interest.
    17.6 Any requirement under the PPSA on the part of BNS Equipment Hire &
    Haulage to give a notice to the Hirer shall not, to the extent that the requirement
    may be contracted out of (including, without limitation, under Section 115(1) of
    the PPSA), apply to the Agreement. Further, to the extent that that the Hirer
    may waive the right to receive a notice under the PPSA (including, without
    limitation, notice in relation to a verification statement under Section 157(1) of
    the PPSA), the Hirer waives that right.
    17.7 The Hirer irrevocably authorises and licenses BNS Equipment Hire & Haulage
    to enter upon the Hirer’s property or premises, without notice, and without being
    in any way liable to the Hirer, if BNS Equipment Hire & Haulage has cause to
    exercise any of BNS Equipment Hire & Haulage’s rights under Section 123 of
    the PPSA, and the Hirer shall indemnify BNS Equipment Hire & Haulage from
    any claims made by any third party as a result of such exercise.
    17.8 BNS Equipment Hire & Haulage and the Hirer agree to treat information of the
    kind referred to in Section 275(1) of the PPSA as confidential. Neither BNS
    Equipment Hire & Haulage or the Hirer will disclose, send or make available
    any of the information referred to in Section 275(1) of the PPSA to any person
    except as required by law or the Agreement.
    17.9 BNS Equipment Hire & Haulage and the Hirer acknowledge and agree that clause 17.8 constitutes a confidentiality agreement pursuant to Section 275(6)
    of the PPSA.
  18. Real Property Security
    18.1 The Hirer hereby charges all their right, title and interest in any real property
    capable of being charged that they, own or hereafter own either solely or jointly,
    in favour of BNS Equipment Hire & Haulage as security for the performance of
    the Hirer’s obligations pursuant to the Agreement and authorises BNS
    Equipment Hire & Haulage to register a Caveat over the title of any such
    property in the event of a default by the Hirer under the Agreement.
    18.2 The Hirer shall indemnify BNS Equipment Hire & Haulage from and against all
    costs and disbursements incurred or payable by BNS Equipment Hire &
    Haulage in connection with exercise of BNS Equipment Hire & Haulage’s rights
    under clause 18.1 (including, without limitation, legal fees on a solicitor-client
    basis, stamp duty and registration fees).
  19. Cancellation
    19.1 Notwithstanding any other clause herein BNS Equipment Hire & Haulage may
    cancel any agreement to which these terms and conditions apply at any time
    before the Hire Start Date by giving written notice to the Hirer whereafter any
    amount paid by the Hirer under the Agreement shall become immediately
    repayable to the Hirer. BNS Equipment Hire & Haulage shall not be liable for
    any consequential loss or damage in relation to any such cancellation.
    19.2 If the Hirer purports to cancel the Agreement, without limiting any other right
    available to BNS Equipment Hire & Haulage, the Hirer shall be liable to BNS
    Equipment Hire & Haulage for any and all loss or damage suffered by BNS
    Equipment Hire & Haulage in connection with the cancellation including,
    without limitation, loss of profit in respect of the hire and/or loss of profits in
    respect of orders and opportunities foregone as a result of the scheduling of
    the hire of the Equipment.
  20. Privacy Act 1988 (Cth)
    20.1 The Hirer consents to BNS Equipment Hire & Haulage using any personal
    information collected by BNS Equipment Hire & Haulage for the following
    purposes or as required by law:
    (a) the performance of the Agreement,
    (b) the analysing, verifying and checking of the Hirer’s credit and/or payment
    status,
    (c) the processing of any payment instructions, direct debit facilities and/or
    credit facilities requested by the Hirer,
    (d) preventing theft of the Equipment,
    (e) to market to the Hirer and maintain a client relationship with the Hirer, and
    (f) enabling the daily operation of the Hirer’s account and/or the collection of
    amounts outstanding in the Hirer’s account.
    20.2 BNS Equipment Hire & Haulage may give information about the Hirer to a credit
    reporting agency for the following purposes:
    (a) to obtain a consumer credit report about the Hirer, or
    (b) allow the credit reporting agency to create or maintain a credit information
    file containing information about the Hirer.
  21. GST
    21.1 The Hire Fee and all other monies payable by the Hirer pursuant to the
    Agreement are exclusive of GST.
    21.2 If BNS Equipment Hire & Haulage incurs a liability to pay GST in connection
    with a supply to the Hirer pursuant to the Agreement, the consideration that the
    Hirer must pay to BNS Equipment Hire & Haulage for the supply is increased
    by an amount equal to the GST liability that BNS Equipment Hire & Haulage
    incurs in making the supply and the amount of the GST liability is payable at
    the same time and in the same manner as the consideration in respect of the
    supply is payable.
    21.3 BNS Equipment Hire & Haulage shall provide the Hirer with a tax invoice for
    any GST included in any payment made pursuant to the Agreement.
  22. Notices
    22.1 The parties agree that email shall be the primary method of contact and
    communication in relation to any matters arising under the Agreement.
    22.2 A notice is deemed to have been given or serviced if the notice is:
    (a) delivered by hand to the other party,
    (b) posted by ordinary prepaid mail to the other party’s address (including a
    Post Office Box) stated in the Quotation on the second Business Day
    following the date of posting, or
    (c) sent by email to the parties’ email address stated in the Quotation upon
    receiving confirmation of delivery of the email without error.
  23. General
    23.1 The Hirer may not; (a) set off against or deduct from any monies payable under
    the Agreement any sums owed or claimed to be owed by BNS Equipment Hire
    & Haulage to the Hirer, or (b) withhold payment of any Progress Claim because
    the Progress Claim or part of it is in dispute.
    23.2 The Agreement embodies the whole agreement between the parties relating to
    the subject matter of the Agreement and supersedes any and all oral and
    written negotiations and communications by or on behalf of any of the parties.
    23.3 Despite the Hirer at any time providing, referring to, submitting or otherwise
    using or purporting to use any standard form terms and conditions other than
    these terms and conditions, such terms and conditions will not form part of, or
    be incorporated into, the Agreement.
    23.4 The terms in the Agreement may not be varied, waived, discharged or
    released, except with the prior written consent of BNS Equipment Hire &
    Haulage.
    23.5 No right under the Agreement is waived or deemed to have been waived in
    relation to any particular instance unless in writing and signed by the party
    waiving the right. A party does not waive its right under the Agreement by
    granting an extension of time or any other forbearance to another party.
    23.6 The Agreement shall be governed by and constructed pursuant to the laws of
    New South Wales. The parties irrevocably submit to the jurisdiction of the
    Courts of New South Wales in connection with any dispute relating to the
    Agreement. The parties further agree that the Court of competent jurisdiction
    located closest to BNS Equipment Hire & Haulage’s principal place of business
    shall be the appropriate Court for the hearing of any claims in connection with
    this Agreement.
    23.7 The parties agree that a construction of the Agreement that results in all
    provisions being enforceable is to be preferred to a construction that does not
    so result.
    23.8 If, despite the application of clause 23.7, a provision of the Agreement is illegal
    or unenforceable:
    (a) if the provision would not be illegal or unenforceable if a word or words
    were omitted, that word or those words are severed; and
    (b) in any other case, the whole provision is severed,
    and the remainder of the Agreement continues in force.
  24. Definitions & Interpretation
    24.1 In these terms and conditions:
    (a) “Agreement” means the agreement between the Hirer and BNS
    Equipment Hire & Haulage arising from the Hirers’ acceptance of the
    Quotation;
    (b) “BNS Equipment Hire & Haulage” means BNS Equipment Hire & Haulage
    Pty Limited ABN 83 625 103 479, it’s successors and assigns;
    (c) “Business Day” means any day other than Saturdays, Sundays or public
    holidays in New South Wales;
    (d) “Credit Card” has the meaning given to it in clause 3.3;
    (e) “Dispute Notice” has the meaning attributed to it in clause 11.1;
    (f) “Equipment” means the plant/equipment specified in the Quotation to be
    hired by the Hirer;
    (g) “GST” has the same meaning as given to it in the A New Tax System
    (Goods and Services Tax) Act 1999;
    (h) “Hirer” means the party named as the Hirer or customer in the Quotation;
    (i) “Hire Fee” means the fee specified in the Quotation for the hire of the
    Equipment and Labour Personnel, as varied in accordance with the terms
    of this Agreement;
    (j) “Hire Start Date” means the earlier of the date the Equipment is delivered
    in accordance with clause 4.1 and the date specified in the Quotation;
    (k) “Hire End Date” means the date specified in the Quotation, as varied in
    accordance with the terms of this Agreement;
    (l) “Hire Period” means the period commencing on the Hire Start Date and
    ending on the later of the Hire End Date and the date of the Hire Return
    Docket;
    (m) “Hire Return Docket” means a form approved from time to time by BNS
    Equipment Hire & Haulage which acknowledges the return of the
    Equipment to BNS Equipment Hire & Haulage;
    (n) “Labour Personnel” means any operator of the Equipment or other
    personnel supplied by BNS Equipment Hire & Haulage to the Hirer as
    particularised in the Quotation, or otherwise under this Agreement;
    (o) “Late Hire Fee” means the daily dry hire (hire of Equipment only) rate, or
    hourly wet hire (hire of Equipment and Labour Personnel) rate, as
    applicable, as particulaised in the Quotation, or if no amount specified, as
    advertised on BNS Equipment Hire & Haulage’s website at the relevant
    time;
    (p) “Quotation” means the Order Hire Form provided by BNS Equipment Hire
    & Haulage to the Hirer in respect of the hire of the Equipment and Labour
    Personnel, if any;
    (q) “PPSA” means the Personal Property Securities Act 2009 (Cth);
    (r) “Progress Claim” means both a tax invoice as defined in the A New Tax
    System (Goods and Services Tax) Act 1999 and a Payment Claim as
    defined by the relevant Security of Payment Law;
    (s) “Security Bond” has the meaning given to it in clause 3.4;
    (t) “Security of Payment Law” means the laws in the State or Territory
    applying to the Agreement governing the rights of parties in the building
    and construction industry to obtain security for payment and, in New South
    Wales being the Building and Construction Industry Security of Payment
    Act 1999;
    (u) “Site” means the address nominated by the Hirer in the Quotation as the
    location for the delivery and collection of the Equipment; and
    (v) “Variation” means to vary the hire arrangement by; hiring further
    Equipment, with or without Labour Personnel, or extending the Hire End
    Date.
    24.2 In the Agreement, unless otherwise indicated by the context:
    (a) the singular includes the plural and vice versa;
    (b) a reference to one gender includes a reference to all other genders;
    (c) headings to clauses are included for the sake of convenience only and will
    not affect the interpretation of the clauses to which they relate;
    (d) references to any statute or statutory provision include that statute or
    statutory provision as amended, extended, consolidated or replaced by
    subsequent legislation and any Orders, regulations, instruments or other
    subordinate legislation made under the relevant statute;
    (e) the word person means and includes a natural person, a company, a firm
    or any other legal entity whether acting as a trustee or not;
    (f) the Agreement will bind each party’s legal personal representatives,
    successors and assigns; and
    (g) where a party comprises two (2) or more persons the rights and obligations
    of such persons pursuant to the Agreement will ensue for the benefit of
    and bind each of them jointly and severally

Account details will be confirmed via email.