Service area

HILLS CRANE TRUCKS PTY. LTD.
CONDITIONS OF HIRE

1. In these conditions and in the Order and/or Quotation or other document in respect to this hire, "Owner" means Hills Crane Trucks Pty. Ltd.,  and its assigned successors and transferees and (where applicable) its contractors, servants and agents, and "Client" means and includes the person  requesting the services to be operated or performed by the Owner, and includes such persons, contractors, servants, agents and/or other persons claiming through, under or in trust for such person including his heirs, executors, administrators, assigned successors and transferees. The "goods" means all wares, merchandise, articles of every kind and description and includes packages, crates, cases and contents thereof, of whatsoever kind.  The "plant" means and includes all or any cranes, transport vehicles, or other units, machinery or equipment whatsoever kind or description, or any part thereof, the subject of this hire and includes the special equipment and lifting gear and other items mentioned in Condition 14 hereof or elsewhere in respect of which additional charges are applicable.  Words importing the masculine gender shall be deemed and taken to include the female and/or a corporation as the case may require, and the singular to include the plural, and the plural the singular, unless the contrary as to gender or number is expressly provided.  The expression "person" shall include a corporation unless there is something repugnant to or inconsistent with that interpretation.
2. The Owner is not a common carrier and does not accept the obligations or liability of common carriers.  The Owner may refuse the handling, lifting and/or carriage of goods for any person or any class of goods at its discretion and without being bound to give any reason for such refusal.
3. The Client shall declare the weight of the goods and the Owner shall and shall be entitled to reply on such declared weight when arranging for handling.  The Client agrees that he shall be responsible for all expenses, costs and risk incurred by the Owner and for any and all damage sustained by reliance on the declared weight.  The Client shall disclose to the Owner the nature of the goods to be handled, lifted and/or carried. 
4. All goods are handled, lifted and/or carried entirely at the risk of the Client.  The Owner shall not be liable for any loss or damage of whatsoever kind howsoever occasioned at any time and whether caused by any act, default or negligence of the Owner, or otherwise howsoever. 
5. Goods of a noxious inflammable hazardous dangerous or explosive nature shall not be tendered to the Owner without prior full disclosure of the nature of the goods and may be handled, lifted or carried only by special agreement.  If any such goods be tendered the client shall be liable for any loss or damage occasioned either directly or indirectly to the Owner.
6. PERMITS:  The cost of obtaining council and public utility permit(s) adhering to all rules, regulations and conditions set out in the said permit(s) will be charged to the Client's account.
7. JOB SAFETY ANALYSIS (JSA). The time taken to prepare and complete JSAs and adhere to the requirements of the JSA  will be charged, in full, for each item of plant and/or personnel affected.
8. 'NO GO ZONE' LAWS:  Adhering to the electricity 'No Go Zone' regulations will be charged to the Client's account as an extra cost if not allowed for in the original quote or estimate.  
9. The Client should arrange All Risk Insurance to meet his own specific requirements.  Insurance of goods will not be effected by the Owner for the benefit of the Client except on the express written instructions and then only at his expense and upon the Client giving to the Owner an accurate description and value of the goods and adequate time to carry out the instructions on each occasion.
10. Unless otherwise agreed in writing, the Client will pay the service charges at the rate referred to in the Owner's Rate List current at the time at which the service commences, calculated on the time from which the plant and/or personnel leaves Dandenong Depot until it returns to Dandenong Depot.  All hours are calculated to the next forward half hour.  Penalty rates apply for work or travel outside normal working hours (7.00 a.m. to 3.30 p.m. - Monday to Friday)
11. The Owner shall not be responsible for any delays, inconvenience or loss of any kind whatsoever incurred by the Client due to any accident, breakdown or defect in the plant or from any other cause over which the Owner has not complete control.
12. The Owner shall be entitled to charge service charges at the usual current rate for any time during which the plant and/or personnel is delayed, either in travelling to or from or at the site at which the Client desires the plant and/or personnel to operate so long as such delays result from any cause beyond the control of the Owner.
13. Where the plant and/or personnel is delayed by any cause beyond the control of the Owner, or where the delay is caused by the Owner, obeying instructions given by the Client,  his representative or statutory authority, the cost of such delay shall be to the Client's account.  Where the plant is bogged whilst obeying such instructions, the cost of recovering the plant from the bog shall also be to the Client's account.
14. Where the Owner is required to work in adverse ground conditions at the request of the Client, the Client is responsible for all extra charges in connection with the plant and/or personnel in the event of damage or delays.  Such extra charges include any towing or winching charges, either on-site or back to the Owner's depot, whether or not the Client has signed the operator's work ticket.
15. Higher hourly rates may be quoted for handling fragile goods and/or working in confined spaces or other conditions or for any other hazardous work involving the Owner  in more than average public risk.
16. The Owner shall have full liberty to arrange with any other person or company to undertake the Owner's obligations, under this hire, and such person or company and his or its contractors, servants and agents shall be entitled to the benefit of these Conditions to the same extent as the Owner. 
17. MISCELLANEOUS RATES.   Any special site, meal and/or living-away allowances as prescribed in any relevant Industrial Award will be charged to the Client's account.  All special equipment and lifting gear will be charged as an extra.  All Public Utility and Council charges will be to the Client's account. 
18. CANCELLATION FEES.  Where a client fails to give 24 hours notice of cancellation of a booking, a minimum charge will apply for unit booked and any personnel required at the applicable minimum start up charge as per current rate sheet.
19. TRADING TERMS.  Payment in full is required at completion of each invoiced job unless alternative arrangements have been made with the owner prior to commencement of the job.     All monthly credit accounts are payable within thirty (30) days from the end of the month of invoice.  The Owner reserves the right to refuse hire of plant and/or services to any client not keeping to the Owner's trading terms.  Any special rate or discount may be forfeited in the event of late payment.
20. The Owner's Conditions of Hire shall apply to each and every hiring of the Owner's Plant, whether or not a written quotation has been rendered to the Client, and the placing of either a written or verbal order by the Client for hire of Plant shall be taken as acceptance of the Owner's Conditions of Hire.  
21. Any costs involved in recovering of monies owed or any outstanding debts shall be to the cost of the Clients account. 
22. The hirer agrees that the owner shall not be liable for liquidated damages under any circumstances, and further that the hirer shall pay all monies without retention which shall be paid promptly upon demand.  The hirer also agrees that any monies outstanding shall attract an interest rate of 2% per month from the date of invoice until such amount is paid in full.