Terms and Conditions of Rogers Little Loaders ABN Brisbane

Terms and Conditions of Rogers Little Loaders ABN 78 010 687 671

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These Terms and Conditions of Hire apply to the exclusion of any and all other conditions proposed by the Customer, unless otherwise agreed in writing between Rogers Little Loaders and the Customer. Rogers Little Loaders agrees to hire Equipment to the Customer on terms set out in this document. If the Customer wishes to hire Equipment, the Customer must complete and sign a Hire Agreement and any other documents Rogers Little Loaders may require. Rogers Little Loaders may in its absolute discretion decline to hire Equipment to the Customer at any time.

Interpretation of words in this contract

Customer means the person, persons, entity or entities hiring Equipment from Rogers Little Loaders as identified in the Hire Agreement

Commencement means the time and date the Customer takes possession of the Equipment.

Equipment means any kind of Equipment provided to the Customer by Rogers Little Loaders under the Hire Agreement including any and all machinery and trailer, accessories, tools, attachments, manuals, substitute and replacement Equipment.

Hire Agreement means the agreement entered into between Rogers Little Loaders and the Customer accompanying this document.

Hire Charge means the rates and charges payable by the Customer for the hire of Equipment.

Hire Period means from commencement until the end of the period shown on the Hire Agreement.

Rogers Little Loaders means Rogers Little Loaders ABN 78 010 687 671

Wet Hire means customer hires Rogers Little Loaders to complete work

2. Obligations of Rogers Little Loaders

2.1 Provide the Equipment to the Customer in good working order.

2.2 Subject to clause 3.3, allow the Customer to exclusively use the Equipment during the Hire Period.

3.4 Wet hire includes a Rogers Little Loaders employee acting as a machine operator under direction of the customer. The customer must obtain a site plan for the area they wish Rogers Little Loaders to operate. Rogers Little Loaders will only operate under direction from the customer therefore the customer remains liable for any damages incurred during the period of wet Hire.

3. Obligations of the Customer

3. 1 The Customer warrants that:

(a) This Hire Agreement is personal to the Customer and the Customer will not on-hire or allow or authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless agreed in writing prior by Rogers Little Loaders; and

(b) All information provided to Rogers Little Loaders is true and correct and that the signatory is duly authorised to sign the Hire Agreement on behalf of the Customer.

(C) By signing the Hire agreement warrants the customer has read, understood and will comply with all directions, terms and conditions and safety information sheet supplied on Rogers Little Loaders website, www.rogerslittleloaders.com

3.2 Any person signing any document forming part of the Hire Agreement on behalf of the Customer:

(a) ” ‘ Warrants that he or she has the Customer’s authority to contract with Rogers Little Loaders on behalf of the Customer; and

(b) Personally indemnifies, and forever keeps indemnified, Rogers Little Loaders against all losses, damages (including if covered by a damage waiver), costs and claims incurred by Rogers Little Loaders in relation to the hiring of the Equipment, if that person does not have such authority.

3.3 The Customer must allow Rogers Little Loaders, or any person or agent nominated by them, to enter the Customer’s premises or the premises where the Equipment is located during the Hire Period to inspect or maintain the Equipment. If Rogers Little Loaders cannot inspect or maintain the Equipment due to restriction of access then additional charges will apply.

3.4 The Customer must:

(a) Not alter, modify, tamper with, damage or repair the Equipment without written permission from Rogers Little Loaders;

(b) Safely secure all items loaded in or on the Equipment or in the Customer’s vehicle during transport;

(c) Not exceed the designed GTM (gross trailer mass) or ATM (aggregate trailer mass) of any trailer used to transport the Equipment; and

(d) Take full responsibility for the vehicle being used to tow any form of Equipment and make sure the vehicle meets the requirements made by the Department of Transport and Main Roads, or any legislation or regulation.

(e) Customer is responsible for ensuring there vehicle has a braked towing capacity of at least 2tonne or 2.2tonne if towing trencher on trailer.

3.5 The Customer must ensure that the Equipment is:

(a) Stored in a safe and secure environment at all times and where appropriate in a locked yard, shed or building;

(b) Operated safely by a suitably trained, licensed, experienced and (if necessary) certified operator in accordance with all laws and regulations, the operator’s manual and any instructions Rogers Little Loaders provides;

(c) Used only for its intended purpose, in suitable terrain and in a manner which has regard to the Equipment’s capabilities and limitations;

(d) Not used underground, in a mine or in an area where friable asbestos is present without prior written consent of Rogers Little Loaders;

(e) Not used excessively, including excessive use of the attachments;

(f) Not used in, on or over water;

(g) Not removed from the state of Queensland without prior written consent of Rogers Little Loaders; and

(h) Returned to Rogers Little Loaders in the same clean condition and good working order it was in when received, and with full tanks of fuel.

3.6 The Customer must ensure that all persons who operate the Equipment:

(a) Prior to any use are made aware of all safety information, operating instructions and notices supplied with, attached to or contained in the Equipment.

(b) Do not operate the Equipment while under the influence of any alcohol or drugs;

(d) Do not deface or remove any safety information from the Equipment;

(e) Wear suitable clothing and protective equipment as required or recommended by the safety and operating instructions, the law or any regulations;

(f) Not alter, deface, erase or remove any identifying mark, plate or number on or in the Equipment or otherwise interfere with the Equipment;

(g) Not use a hydraulic attachment that has not been supplied by Rogers Little Loaders without prior written agreement from Rogers Little Loaders; and

(h) dean, fuel, lubricate and maintain the Equipment in good condition and in accordance with all instructions and the operator’s manual.

3.7 The Customer takes full responsibility for any traffic infringements incurred during the Hire Period and must not exceed the recommended or legal speed limits during transport of the Equipment.

3.8 The Customer must report all accidents and damage to Rogers Little Loaders immediately if an accident or damage occurs.

3.9 The Customer acknowledges, and Rogers Little Loaders advises, that the Customer must obtain a “Dial Before You Dig” site plan and council building site plan before any use of Equipment or wet hire. Information in regard to “Dial Before You Dig” can be found at www. 1100.com.au and through local councils.

3.10 During the period of wet hire the customer must give direction as to what earthworks they want completed. The customer accepts and takes full responsibility for any damages incurred by Roger Little Loaders during the wet hire period.

4. Ownership of the Equipment

4.1 Rogers Little Loaders owns the Equipment at all times and in all circumstances retains the title of the Equipment. The Customer is granted a temporary licence to use the Equipment for the duration of the Hire Period only. The Customer is not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge, or create any form of security interest over, or otherwise deal with the Equipment in any way.

4.2 The customer acknowledges and accepts that Rogers Little Loaders may hire or lease equipment from a third party (“Third Party Owner”) if they cannot provide Rogers Little Loaders Hire equipment to the Customer. In the event that this occurs, title and ownership in the equipment hired remains with the Third Party Owner.

5. Hire Charges

5.1 Initial Hire Charges are based on the Hire Period outlined in the Hire Agreement and website.

5.2 The customer acknowledges that one day hire is strictly limited to a 12 hour period or return by 630pm, whichever comes first.

5.3 The Customer acknowledges and accepts that if the Equipment is not returned to Rogers Little Loaders by the conclusion of the Hire Period, then additional charges will apply at a daily rate until the Equipment is returned.

5.4 The Customer accepts that all Equipment with an hour meter is to be used for no more than 8 hours in a continuous 24 hour period. If the Customer exceeds 8 hours in a 24 hour period, additional costs will apply at a daily rate.

6. Payment

6.1 The Customer must pay to Rogers Little Loaders:

(a) Full payment of the Hire Charge prior to Commencement;

(b) All costs incurred by Rogers Little Loaders to fix, repair or replace damage caused to the Equipment by the Customer or any person using the Equipment while it was hired to the Customer including insurance costs, (i.e. cost of excess on claim, and subject to any damage waiver) and costs of recovery of the Equipment. This includes repairs to all parts and attachments for the Equipment that are excessively worn or used;

(d) All costs incurred by Rogers Little Loaders to recover, clean, repair or refuel the Equipment;

(e) All tolls, fines, levies, penalties or charges payable in respect of this document or arising from the Customer’s use of the Equipment; and

(f) Any legal expenses or legal cost incurred by Rogers Little Loaders, on a solicitor and own client basis, for any actions taken whatsoever due to Customer’s default of these terms and conditions.

6.2 Prior to Commencement, the Customer must (unless agreed in writing prior with Rogers Little Loaders:

(a) Pay a cash deposit of $500;or

(b) Provide a valid credit card to Rogers Little Loaders to be used for all payments pursuant to these terms and conditions.

6.3 The Customer must pay for the new listed price of any Equipment which is damaged or not returned to Rogers Little Loaders.

6.4 The Customer authorises Rogers Little Loaders to charge the nominated credit card of the Customer for any additional costs on top of the initial Hire Charge created pursuant to any clause of these terms and conditions.

7. Responsibility for the Equipment

7.1 The ‘Customer’ acknowledges and accepts it is solely responsible for any loss, theft or damage of or to the Equipment (including if a damage waiver has been provided) from any and every event whatsoever and howsoever and by whosoever caused while the Equipment is being hired to the Customer.

8. Damage Waiver

8.1 A damage waiver shall be provided at no extra fee by Rogers Little Loaders as part of the Hire Agreement unless specifically stated otherwise by Rogers Little Loaders.

8.2 A damage waiver is not a form of insurance, but rather is a limitation on the cost that the Customer may be liable to for damage caused to the Equipment during the Hire Period.

8.3 The Customer’s costs for damages to the Equipment under the damage waiver are limited to:

(a) Any excess incurred by Rogers Little Loaders to their insurer (Rogers Little Loaders shall select and maintain an insurance policy in their sole discretion); and

(b) The shortfall of any insurance payout to Rogers Little Loaders and the actual cost of repair or replacement of the damaged Equipment.

8.4 Any damage waiver provided does not extend to the accessories supplied with the Equipment, including but not limited to any hoses, wheel checks, straps, grease guns, tyres and tubes.

8.5 Where any such cost outlined in this clause is incurred by Rogers Little Loaders, Rogers Little Loaders will deliver an invoice to the Customer for those costs and the Customer must make payment of that account in full within 7 days.

8.6 Provision of a damage waiver in no way entitles the Customer to, or implies the availability of, compensation from Rogers Little Loaders for any liability incurred by the Customer in relation to the use of the Equipment.

8.7 Any damage waiver provided will be voided (and the customer not protected by it, and therefore liable to the full cost of repair or replacement) if the loss or damage has been incurred by:

(a) The Customer’s breach of the Hire Agreement or the terms herein;

(b) The Customer’s negligence;

(c) Any misuse, abuse, wilful or malicious acts or omissions, or reckless use (including overloading of the Equipment or components thereof) of the Equipment by the Customer;

(d) Lack of lubrication or non-adherence to other normal maintenance requirements that could reasonably be expected of the Customer under the Hire Agreement;

(e) The Customer’s disregard for instructions given by Rogers Little Loaders with regard to the proper use of Equipment or in contradiction of the manufacturer’s instructions (including intended purpose of use) if supplied with the Equipment at the start of the Hire Period;

(f) Any unexplained or inexplicable disappearances of the Equipment;

(g) Theft of the Equipment;

(h) If the equipment is or includes a vehicle (including a trailer):

(i) Driving the vehicle under or into an object lower than the height of the vehicle;

(i’i) Damaging the tyres (including, punctures, cuts and abrasions) and/or the underbelly of the vehicle including when no other vehicle is involved;

(iii) The vehicle being driven or towed on a road that is unsealed or not a public road;

(iv) Total or partial immersion in water, regardless of the cause.

8.8 Any damage waiver provided by Rogers Little Loaders does not extend to an on-hire agreement being entered into between the Customer and a third party without the express written permission by Rogers Little Loaders.

9. Privacy

9.1 Rogers Little Loaders will comply with the Australian Privacy Principles (as amended or replaced) in all dealings with the Customer.

9.2 The Customer agrees and acknowledges that Rogers Little Loaders will collect personal information about the Customer and may use and/or disclose that information to:

(a) Provide and market goods and services to the Customer;

(b) Assess the Customer’s credit worthiness; and

9.3 If the Customer does not provide the personal information requested by Rogers Little Loaders, then Rogers Little Loaders may refuse to hire Equipment to the Customer.

10. Breach of Hire Agreement by the Customer

10.1 If the Customer breaches any clause whatsoever of this document, or becomes insolvent, bankrupt or ceases business then Rogers Little Loaders shall be entitled to immediately terminate the Hire Agreement, repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so) and institute proceedings against the Customer for recovery of all monies owing by the Customer.

11. Disputes

11.1 The Customer must check all Hire Charges prior to making any payment.

11.2 If there is a dispute in relation to any Hire Charges after payment, then it must be communicated to Rogers Little Loaders in writing within 7 days of Hire Agreement date.

11.3 In the event no communication is received from the Customer within the 7 day period, the Hire Charges are deemed to be accepted by the Customer.

11.4 If a dispute arises in relation to this document or the hiring or use of the Equipment, the Customer agrees to first approach Rogers Little Loaders in an attempt to negotiate and resolve the dispute prior to taking any steps in litigation.

12. Liability and Indemnity

12.1 The Customer acknowledges that use of the Equipment comes with dangers and risk of injury and the Customer accepts all dangers and risks associated with the use of the Equipment.

12.2 The Customer assumes all risks and liabilities for, and in respect of, the use of the Equipment including, but not limited to:

(a) Any injury or death of any persons;

(b) Any damage to property or claim by a third party howsoever arising from the possession use maintenance, repair or storage of’ the ‘Equipment-(including as a result of the Customer not using the Dial Before You Dig service); and

12.3 The Customer is liable to, and indemnifies and forever keeps indemnified Rogers Little Loaders against any and all damage, loss, claims, cost and expenses (including, without limitation, legal fees, cost and disbursements on a full indemnity basis, whether incurred or awarded against Rogers Little Loaders and any environmental loss, cost, damage or expense) resulting from the use of the Equipment by any person or a breach of any of these terms and conditions. Such liability may be limited by a damage waiver if one has been provided.

12.4 No delay or ‘omission’ by Rogers Little Loaders of its rights under the Hire Agreement or these terms and conditions will impair any such right, power or remedy, nor will it be construed to be a waiver of any rights to take action or make a claim in respect of a continuing breach or default.

13. Personal Property Securities Act 2009 (” PPSA”)

13.1 The Customer acknowledges and accepts that at all times while the Equipment is being hired to the Customer:

(a) Rogers Little Loaders holds a Security Interest (“Sl”) and/or a Purchase Money Security Interest (“PMSI”) in the Equipment; and

(b) The Equipment will not form part of the inventory of the Customer for the purposes of the PPSA.

13.2 If requested by Rogers Little Loaders, the Customer must promptly and without undue delay execute any documents and provide all information required in order to complete a Financing Statement (as defined in the PPSA) and comply with any other reasonable requests by Rogers Little Loaders to ensure that Rogers Little Loaders Sl and PMSI are perfected

13.3 The Customer must notify Rogers Little Loaders immediately in writing of any change in the Customer’s name and must also provide to Rogers Little Loaders all information required to complete a Financing Change Statement (as defined in the PPSA).

13.4 The Customer waives all rights to receive a copy of the verification statement confirming registration of a Financing Statement or a Financing Change Statement in relation to Rogers Little Loaders Sl and/or PMSI.

13.5 The Customer is responsible for all costs, expenses and other charges incurred, expended or payable by Rogers Little Loaders in relation to the registration of any and all Financing Statements or Financing Change Statements.

13.6 The Customer waives its rights under sections 95 (notice of removal of accession), 118 (enforcing security interests in accordance with land law decisions), 121(4) (enforcement of liquid assets), 125 (obligation to dispose of or retain collateral), 128 (secured party may dispose of collateral), 129 (disposal by purchase), 130 (notice of disposal), 132(3)(d) (contents of statement of account after disposal), 132(4) (statement of account if no disposal), 135 (notice of retention), 142 (redemption of collateral) and 143 (reinstatement of security interest) of the PPSA and the parties agree that those provisions do not apply to the Hire agreement or these terms and conditions.

14. Guarantor

14.1 The person signing the hire agreement agrees to:

(a) Personally guarantee all terms and conditions imposed on the Customer; and

(b) Indemnify and keep indemnified Rogers Little Loaders against any and all breaches by the Customer of these terms and conditions, or agreement created by it.

ABN 78010687671
Rogers Little Loaders
Call: 0468 477 937
https://www.rogerslittleloaders.com
Email:rogerslittleloaders@gmail.com
Location #1: 1A Church Street North, Redbank, QLD 4301, Australia
Location #2: 3 Mountridge St, Everton Park QLD 4053, Australia