Reference to a party to this Agreement includes the party’s successors, permitted substitutes and permitted assigns.

‘Booking’ means a request by a Customer to hire the Equipment made either online through HireSum website, or otherwise which has been confirmed by HireSum orally, electronically or in writing;

‘Contamination’ means any contamination including, but not limited to, by transmission or spillage of bacteria, weeds, parasites, material that may be carried by or, in or on the Equipment, including oils and the like,

‘Credit Account’ means an agreement whereby the Customer has requested, and HireSum has agreed in its sole discretion to allow the Customer to hire the Equipment on deferred or other payment terms;

‘Customer’ means the person, firm, organisation or corporation hiring the Equipment from HireSum as set out in the Booking and/or Hire Agreement;

‘Equipment’ means all equipment including machinery, trailers, tools, accessories and parts hired by HireSum to the Customer from time to time pursuant to a Booking and this Hire agreement;

‘Hire Agreement’ means the Booking and this Agreement entered into with the Customer from time to time;

‘Hire Fees’ means all amounts payable by the Customer from time to time in respect of the Booking, the Hire Agreement and/or hire of the Equipment.;

‘Hire Period’ means the period commencing from the start date and ending on the end date specified in the Booking and/or Hire Agreement.

‘PPS Law’ means the Personal Property Securities Act 2009 (Cth) including any amended, replacement and successor provisions.

‘HireSum’ means HireSum Pty Ltd.

1. HIRE OF HireSum EQUIPMENT
   1. 1. The Customer is entitled to use the Equipment for the Hire Period.
      2. Any extension of the Hire Period must be agreed to by HireSum .
      3. The Customer must ensure the Equipment is returned to HireSum :
         1. in the same condition, having regard for reasonable wear and tear, as it was in at the commencement of the Hire Period; and 
         2. fully fuelled; and
         3. maintained, oiled and greased during the Hire Period in accordance with information provided by HireSum , written, verbal, or displayed on the Equipment; 
      4. If the Equipment is not returned at the conclusion of the Hire Period, the Hire Period shall extend and continue until the Equipment is returned to HireSum’s possession and control.
      5. If in the reasonable opinion of HireSum the Equipment is returned but is not fit for purpose of hire again the Hire Period shall extend until such time as the Equipment is made fit for purpose of hire.
      6. The Customer agrees to return the Equipment upon demand from HireSum and that the Booking and/or Hire Agreement may be terminated at any time by HireSum without giving any reason.
      7. The Customer acknowledges that HireSum has the right to inspect the Equipment at any time during the Hire Period and to allow this, the Customer gives HireSum the right to enter any property where the Equipment may be located.
      8. HireSum gives no guarantee as to the condition, safety or suitability of the Equipment. 
2. PAYMENT FOR HIRE
   1. 1. Unless the Customer has a Credit Account, or as otherwise agreed with HireSum , the Customer must pay a deposit of 20% of the Hire Fees applicable to Hire Period at the time of Booking.
      2. The Customer agrees to pay HireSum 
      3. the Hire Fees applicable for the Equipment for the Hire Period and any extension to the Hire Period pursuant to clause 2.2, 2.4 or 2.5 plus any applicable GST and other charges relevant to the Hire Agreement and the hire, including other charges set out in clause 4 below (collectively the Hire Fees ).
      4. Unless the Customer has a Credit Account the Hire Fees must be paid to HireSum at the start of the Hire Period.
         1. If the Customer has a Credit Account, the Customer will be invoiced for the hire of the Equipment on a 21 day cycle and must pay their account within 7 days from the date of invoice. 
         2. HireSum may rescind a Credit Account at any time and for any reason.
      5. The Customer agrees that any deposit paid by them for the hire of the Equipment can be used by HireSum in payment of the Hire Fee or other charges payable by the Customer under the Hire Agreement.
3. OTHER CHARGES
   1. 1. A cancellation fee of 20% of the Hire Fee may be charged by HireSum where the Equipment has been reserved by booking and the Customer cancels the booking within the 48 hours prior to the commencement of the Hire Period, or the full Hire Fee if the Customer fails to take delivery of the Equipment at the Commencement of the Hire Period without prior notice of cancellation.
      2. HireSum may charge the Customer a fee of up to 5%, at its discretion, for any payment made by credit card.
      3. The Customer is responsible for the payment of fines, penalties, parking fines or the like incurred during the Hire Period, and even if the fines or penalties are received after the Hire Period.
      4. In addition to the Hire Fees and charges, the Customer is responsible for the payment of all insurance excess fees that are to be paid due to loss of equipment or damage caused by the Equipment or to it, and reasonable fees associated with required cleaning on return of the Equipment if not adequately cleaned by the Hirer and consumables.
      5. If the Customer does not pay the Hire Fees in full by the due date, HireSum may:
         1. charge the Customer, in addition to any other costs recoverable under this agreement, interest of 2% compounding monthly on the total outstanding balance.
         2. charge the Customer 100% of all costs and expenses incurred by HireSum in recovering any unpaid amounts under the Hire Agreement, along with interest of 2% compounding monthly.
      6. If the Customer requires HireSum to deliver and/or collect the Equipment at the start and/or end of the Hire Period HireSum will charge the Customer an additional delivery/collection fee(s) as agreed.
      7. At the time of hire HireSum may apply a refundable fee of up to 2 days hire charges which it will hold and may retain to cover costs, Hire Fees and other charges or if the Equipment is not returned on time or is in any way damaged.
4. CUSTOMER RESPONSIBILITY
   1. 1. The Customer is responsible at its cost for daily maintenance and care of all Equipment in its possession, including daily checking of all fluids (fuel, oil, water, battery levels etc) and general tightening of any loose nuts, bolts, belts or fittings and lubrication of all grease points.
      2. The Customer is responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred.
      3. The Customer is liable for the payment of the new purchase price of any Equipment not returned to HireSum .
      4. The Customer agrees to fully reimburse HireSum in the event of damage or loss of the Equipment and if the Equipment is damaged the Customer must notify HireSum within 24 hours of becoming aware of the damage.
      5. The Customer accepts full responsibility for damage caused to any underground services when using the Equipment.
      6. If there is a breakdown or failure of the Equipment, the Customer must immediately stop using it and notify HireSum.
      7. The Customer must take all necessary steps to prevent injury occurring to persons or property.
      8. If the Customer uses the Equipment in a location which may be sensitive to Contamination, it is the Customer’s sole responsibility to use the Equipment in a way to ensure Contamination does not occur. 
      9. The Customer holds a valid current driver’s licence, operating licence or permit valid for the type of Equipment hired.
      10. The Customer will safely secure all items loaded in or on to the Equipment and/or in or on to the Customer’s vehicle when transporting the Equipment.
5. CUSTOMER WARRANTIES
   1. 1. The Customer warrants that:
         1. by taking possession of the Equipment the Customer warrants and agrees that the Customer has read, understood and accepts the terms of this Agreement (and any other terms of the Hire Agreement); 
         2. the Equipment will be used in accordance with the conditions of the Hire Agreement, for the purpose for which it was intended and only at the location specified by the Customer at the time of hire.
         3. the particulars in the Hire Agreement are correct in every respect and are not misleading in any way including, without limitation, by omission;
         4. it is the Customer’s responsibility to ensure that operators of the Equipment hold current licences and all necessary approvals to operate the Equipment. HireSum does not accept any responsibility or liability for operator licensing;
         5. the Customer has undertaken all necessary hazard and risk assessments before using the Equipment and will comply with all Occupational Health and Safety Laws relating to the Equipment, its use and its operation;
         6. the Equipment will not be used for any illegal purpose;
         7. the Customer vehicle is suitable for towing the Equipment if required;
         8. the Customer will not, without HireSum’s prior written permission, tamper with, repair or modify the Equipment in any way, or permit another to do so;
         9. the Customer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Customer’s purpose; and
         10. the Customer agrees that the Equipment has been received in clean and good working order.
         11. the customer agrees not to use the Equipment in wet concrete or similar material.
6. CUSTOMER INDEMNITIES
   1. 1. The Customer will assume all risks and liabilities for, and indemnifies HireSum , its officers, directors and employees against liability howsoever arising in respect of, the Equipment, its use and for all injuries to, or deaths of persons and livestock and any damage to property or transmission of Contamination (including to the extent it may be transmitted by delivery of the Equipment) and howsoever arising from the Customer’s possession, use, maintenance, repair, storage or transport of the Equipment.
      2. To the full extent permitted by law, the Customer releases, discharges and indemnifies HireSum including its employees, directors and officers from all claims and demands by third parties upon HireSum arising out of or consequent on the use or misuse of the Equipment during the Hire Period including during transport and in respect of items falling from the Equipment or from any vehicle or trailer.
      3. The Customer undertakes to obtain adequate public liability insurance prior to the commencement of the Hire Period and to ensure such insurance policy provides adequate coverage to both the Customer and HireSum for the Customer’s intended use of the Equipment.  HireSum may request sight of evidence of insurance.
      4. Without limiting clause 7.1 and 7.2 of the Hire Agreement, the Customer agrees that to the full extent permitted by law, no warranties are given by HireSum in respect of the Equipment. Any liability of HireSum pursuant to any warranty which cannot be excluded by law will not exceed either the cost of repairing the Equipment or for the cost of resupplying the Equipment, at HireSum’s sole discretion.
7. PPS LAW
   1. 1. This clause applies to the extent that this Contract creates a ‘security interest’ for the purposes PPS Law. 
      2. HireSum may register its security interest as a PMSI.   The Customer must do anything (such as obtaining consents and signing documents) Which HireSum requires for the purposes of:
         1. Ensuring that HireSum’s security interest is enforceable, perfected and otherwise effective under the PPS Law; 
         2. Enabling HireSum to gain first priority (or any other priority agreed to by HireSum in writing) for its security interest; and 
         3. Enabling HireSum to exercise rights in connection with the security interest. 
      3. The Customer must pay costs of doing anything under this clause, including but not limited to registration fees. 
      4. The rights of HireSum under this Agreement are in addition to and not in substitution for HireSum’s rights under other law (including PPS Law) and, at its discretion may exercise rights under this Agreement, and/or under other law, as it sees fit. 
      5. To the extent that Chapter 4 of the PPS applies to the security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement in respect of all goods to which that section  can be applied: section 95 (notice of removal of accession to the extent it requires HireSum to give notice to the Customer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires HireSum to give notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement). 
      6. The following provisions of the PPS Law confer rights to HireSum: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral).    The Customer agrees that in addition to those rights, HireSum shall, if there is default by the Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this Agreement and the Customer agrees that HireSum may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 
      7. The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. 
      8. HireSum and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law.   The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply.   The Agreement in this sub-clause is made solely for the purposes of allowing HireSum the benefit of section 275(6)(a) and R shall not be liable to pay damages or any other compensation or be subject to injunction if HireSum breaches this sub-clause.
8. DISCLAIMER
   1. 1. To the extent permitted by law, HireSum disclaims all liability for and do not give any warranties to the Customer as to the condition of the Equipment.
9. HireSum OWN THE EQUIPMENT
   1. 1. The Customer acknowledges that HireSum retains title to the Equipment (which shall not be deemed to be a fixture), and that the Customer has rights to use the Equipment as a mere bailee only. The Customer agrees that the Customer has no rights to pledge HireSum credit in connection with the Equipment.
      2. The Customer agrees not to offer to sell, assign, sub-let, charge, lend, pledge, mortgage, let or hire or otherwise part with or attempt to part with personal possession of, or create any security interest over, the Equipment.
      3. The Customer agrees not to conceal, alter or make any addition to the Equipment.
10. TERMINATION OF AGREEMENT
    1. 1. HireSum may terminate this Agreement at any time and for any reason and may retake possession of the Equipment if it does so.
       2. All costs incurred by HireSum in repossessing the Equipment due to a breach of this Agreement by the Customer or as a result of the conduct of or delays due to the Customer are to be paid by the Customer.
       3. In the case of repossession due to a breach of the Hire Agreement the Customer agrees to grant HireSum permission to enter any premises where the Equipment listed in the Hire Agreement is situated to disconnect, decommission and/or remove that Equipment.
       4. In addition to HireSum’s right to retake possession HireSum are entitled (in HireSum’s sole discretion), following any breach of any provision of the Hire Agreement by the Customer, to terminate the Hire Agreement and/or sue for recovery of any damages or charges or loss suffered by HireSum , and/or to cancel any insurances effective in respect of the Equipment.
11. FORCE MAJEURE
    1. 1. Subject to clause 12.2, the Customer nor HireSum will be responsible for any delays in delivery, installation or collection of the Equipment due to causes beyond their control including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.
       2. Nothing in clause 12.1 will limit or exclude the Customer responsibilities and liabilities under the Hire Agreement for Equipment that is lost, stolen, or damaged during the Hire Period, or has broken down or become unsafe to use as a result of the Customer conduct or negligence or breach of the Hire Agreement.
12. VARIATION
    1. 1. Variations to the terms of the Hire Agreement may be made by HireSum by notice to the Customer at any point prior to the Hire Period.
13. NON-MERGER
    1. 1. The covenants, agreements and obligations contained in the Hire Agreement will not merge or terminate upon the termination of the Hire Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
14. SEVERANCE
    1. 1. If any provision of the Hire Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, the Hire Agreement must be construed as if that provision or part of a provision had been severed from this agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
15. GOVERNING LAW
    1. 1. The Hire Agreement is governed by the laws of the State of New South Wales and each party submits to the exclusive jurisdiction of the courts of that State.