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Hire Terms & Conditions

COLOREX TRADE & HIRE CONTRACT TERMS AND CONDITIONS
1. DEFINITIONS

  • “Equipment” is all chattels machinery and plant including all fittings, accessories, tools and parts supplied to the Hirer by Colorex Trade & Hire pursuant to the hire contract.”Hirer” is the party other than Colorex Trade & Hire entering into this contract and, where that party enters into this contract for or on behalf of another entity, includes such entity. This expression also extends to those claiming under or authorised by the hirer.
  • “Minimum Hiring Period” is a period of one day commencing at the tie the Equipment is collected or leaves Colorex Trade & Hire premises (except where otherwise agreed by Colorex Trade & Hire in writing).
  • “Trade customers” are only this Hirers who Colorex Trade & Hire has agreed and are currently entitled to trade credit terms.

2. HIRE PERIOD

  • Hiring charges shall commence from the time the Equipment is collected by the Hirer from Colorex Trade & Hire’s premises and continue until the return of the equipment to Colorex Trade & Hire’s premises, or until the expiry of the Minimum Hiring Period, whichever last occurs.
  • If Colorex Trade & Hire agrees with the Hirer to deliver and collect the Equipment, hire charges shall commence from the time the Equipment leaves Colorex Trade & Hire’s premises and continue until Colorex Trade & Hire is notified by the hirer that the Equipment is available for collection. Notification shall be given by the hirer in time for the Equipment to be picked up and returned to Colorex Trade & Hire’s premises by the required time on the fay the hire ceases. Notification is to be made by telephone when the Hirer has finished with the Equipment and not by prior arrangement. Required return times are no later than 5:00p.m. on weekdays or such earlier time as the hire period may terminate. If insufficient notification is given Colorex Trade & Hire shall be entitles to charge another full day’s hire at current rates. Delivery and collection shall be to and from front footpath.
  • No allowance whatever can be made for time during which the Equipment is not in use for any reason, unless prior special arrangements are confirmed in writing by Colorex Trade & Hire. In the event of Equipment breakdown provided the Hirer notifies Colorex Trade & Hire immediately, hiring charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part or attributable to the Hirer.

3. HIRER’S RESPONSIBILIES
The Hirer shall:

  • Determine the condition and suitability of the Equipment for the purpose required/ Subsequent exchange of Equipment shall entail additional charges. The Equipment does not purport to be new stock or equal to new but all Equipment is understood to be in good order for normal full load working at the stated capacity under ordinary conditions.
  • Notify Colorex Trade & Hire immediately by telephone of the full circumstance of any mechanical breakdown or accident. The Hirer is not absolved from the requirement to safeguard the Equipment by giving such notification.
  • Use the Equipment properly and in accordance with any instruction sheet supplied and for the purpose for which it was designed acknowledging Colorex Trade & Hire gives no warranty as to the Equipment’s capacity.
  • Pay to Colorex Trade & Hire all hire and related charges and other costs, including carriage to and from Colorex Trade & Hire’s premises.
  • Ensure only competent and qualified drivers and operators are given charge of the Equipment while in the Hirer’s possession and shall be responsible for all cleaning, lubrication and operating adjustments and for any damage occurring due to overloading mistakes or neglect in handling operation etc. during the hire period.
  • Pay to Colorex Trade & Hire the cost of reconditioning items blunted by use or otherwise rendered unfit for further service without repair, such as Concrete Breaker Steels, Chisels, Saw Blades and the like.
  • At its on expense clean and keep the Equipment in good condition and proper working order and pay all costs for replacements or repair required due to: fire, theft, accident, loss or otherwise during the hire period, provided the Hirer shall not undertake any repair or servicing and if any repair or servicing appears desirable shall notify Colorex Trade & Hire immediately. On termination of the hire, the Hirer shall deliver the Equipment complete with all parts and accessories clean and in good order as delivered, fair wear and tear expected, to Colorex Trade & Hire. The Hirer is not authorised to pledge Colorex Trade & Hire credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
  • Provide all petrol, fuel, oil, cleaning and other materials and labour required for the operation of the Equipment and only fuel and lubricating oils approved by Colorex Trade & Hire shall be used. The hirer shall check fuel and oil and other levels every day before starting up the Equipment.
  • Keep the Equipment in its own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Equipment and the Hirer accepts full responsibility for the safekeeping of the Equipment and indemnifies Colorex Trade & Hire for all loss, theft or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft or damage is attributable to and negligence, failure or commission of the Hirer.
  • Accept full responsibility for and indemnify Colorex Trade & Hire against all claims in respect of any injury to persons or damage to property arising out of the use of the Equipment during the hire period however arising, whether from the negligence of the Hirer or any other persons including but without limitation where the Equipment is being operated by Colorex Trade & Hire or its servants or agents.
  • Keep the Equipment free from legal processes and shall ensure that no mortgage, deed bill or sale, or any other legal instrument or private arrangement whatever shall be executed whereby any other person or firm than Colorex Trade & Hire shall acquire any lien or rights whatsoever in connection with the Equipment.
  • Not alter or make any additions to the Equipment including but without limitation altering, make any additions, defacing or erasing any identifying mark, place or number on or in the Equipment or in any manner interfere with the Equipment.
  • Forthwith upon request by Colorex Trade & Hire advise Colorex Trade & Hire of the whereabouts of the Equipment and allow Colorex Trade & Hire, its agents or servants reasonable time to inspect and test the Equipment and for such purposes the Hirer hereby gives irrevocable leave and license to Colorex Trade & Hire, its agents and servants to take possession and remove the same and to enter upon any premises of the Hirer and as the agent of the hirer enter upon any premises where the Equipment or any of the same or any part thereof may be.
  • Employ the Equipment solely in its own work and shall not permit the Equipment or any part thereof to be used by any party for any other work.
  • Accept full responsibility for all flat and/or damaged tyres.

4. HIRE RATES AND PAYMENTS

  • The Equipment is hired at the rates shown on Colorex Trade & Hire’s current rate schedule unless agreed to the contrary between Colorex Trade & Hire and the Hirer. Cartage, fuel, stone wear, blade wear, resharpening charges and all saleable and consumable items are extra and not included in the hire rate.
  • The Hirer acknowledges that the rate schedule is available at Colorex Trade & Hire’s premises where the hiring took place and that the Hirer has had every opportunity the Hirer wishes to check the rates applicable and whether or not the Hirer has done so is at the Hirer’s discretion.
  • Payment of hire and other charges by Trade Customers shall be made calendar monthly by the 20th day of each month in respect of hire ot other charges during the preceding month.
  • All other hirings shall be strictly net cash, unless otherwise previously arranged with and confirmed in writing by Colorex Trade & Hire. Payment shall be made on the date when the Equipment is returned or within seven (7) days of the commencement of the hire period, whichever is the earlier. Where the hire period is or is extended to more than 7 days then the hire charge shall be payable at the end o each 7 day period not previously paid for.
  • Unless otherwise provided all hire rates shall be GST exclusive, such GST to be paid by the Hirer in addition to hire or other charges and at the time for payment of the hire or other charges.
  • Colorex Trade & Hire reserves the right to revise its rates of hire and related charges without notice.
  • Except where Colorex Trade & Hire dispenses with this requirement, a deposit and/or bond shall be paid or given at commencement of the hire period. Such a deposit or bond will be specified in the contract by Colorex Trade & Hire.
  • In the event of default by the Hirer in the payment of any amount due, the Hirer shall be liable for interest on the gross amount at the rate stated herein from the date on which payment is due until the date on which payment in full is received. The Hirer shall be liable for any costs incurred in recovering any outstanding debt from the Hirer or in the recovery of the Equipment.
  • No claims for credits will be recognised after 7 days from the date of the invoice.

5. COLOREX TRADE & HIRE’S RIGHT TO TERMINATE

  • Without prejudice to any other remedies available to Colorex Trade & Hire and notwithstanding any period of hire specified, Colorex Trade & Hire may terminate the hire contract without payment or compensation:
    • At any time by giving the Hirer two (2) hours (or if Colorex Trade & Hire deems it appropriate such lesser period) notice of its intention to terminate. Such notice need not be in wiring and shall be deemed sufficiently given if made to:
      • the Hirer; or
      • the operator for the time being of the Equipment; or
      • the occupier for the time being of the premises at which the Equipment is located provided that notice is deemed to be given if the Equipment is removed with no person in attendance
    • Without notice if the Hirer shall commit any breach of these hire contract terms and conditions or the Hirer commits any act of bankruptcy or being a company an application is made or a resolution is passed for its winding up or being a company a receiver of its assets or any of them is appointed or if any execution or distress shall be levied upon the Equipment or if any judgement against the Hirer shall remain unsatisfied for seven (7) days or more if the Hirer makes and assignment or compromise for the benefit of its creditors or being a company is placed under statutory management or if it ceases to carry on business.
  • Upon termination of this contract as aforesaid Colorex Trade & Hire shall be entitled to take possession of the Equipment and for this purpose the Hirer irrevocably appoints Colorex Trade & Hire its agent and authorises Colorex Trade & Hire to enter on any land or premises owned by or under the control of the Hirer upon which the Equipment is then situated and agrees to indemnify Colorex Trade & Hire in respect of any claims, damages or expenses arising out of any action taken under this condition.

6. LIABILITY OF COLOREX TRADE & HIRE
Colorex Trade & Hire shall not be liable:

  • For any loss or damage or claim whatsoever arising as a result of hiring the Equipment.
  • For any delay accident or loss suffered by the Hirer or liability incurred by the Hirer direct or indirect as a result of defect or breakdowns of the Equipment.
  • To the Hirer or any third party for any damage that me be done by Colorex Trade & Hire’s delivery or collection or for damage in transit.

7. DELEGATION OF AUTHORITY BY HIRER
Where the person signing the hire contract signs for or on behalf of another person or entity as Hirer, the person signing covenants with Colorex Trade & Hire that he or she has the authority of the Hirer to make this contract on the Hirer’s behalf and is empowered to the Hirer to bind the Hirer to this contract and is not released from the obligations hereof by signing on behalf of or in the name of another person on entity as the Hirer and without limiting the foregoing hereby indemnifies Colorex Trade & Hire against all losses and costs incurred by Colorex Trade & Hire arising out of the person so signing this contract failing to have such power and/or authority.

8. GENERAL

  • Unless agreed in writing to the contrary the acceptance by the Hirer of any Equipment on hire from Colorex Trade & Hire shall in itself constitute and acceptance of the foregoing terms and conditions and of the charges stated on the accompanying Hire Agreement Form/Acknowledgement of Order/Tax invoice.
  • Anytime or other indulgence granted by Colorex Trade & Hire shall not prejudice the strict rights of Colorex Trade & Hire under the contract of hire.
  • Where the hirer hires the said Equipment for the purpose of its business the hirer acknowledges that the consumer guarantees act 1993 shall not apply. For avoidance of double the agreement is of the kind referred to in S 43 (2) of the Consumer Guarantees Act 1993.