12.1. Hire charges shall commence from the time the Equipment has started to be used legally and shall continue until the return of the Equipment thereto, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
12.2. The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.
12.3. In the event of Equipment breakdown provided the Client notifies the Supplier immediately, hiring charges will not be payable during the time the Equipment are not working, unless the condition is due to negligence or misuse on the part of or attributable to the Client.
12.4. Stand down:
(a) will only be applicable where agreed to in writing between the parties prior to the commencement of the Hire Term. Otherwise, any request by the Client to the Supplier will be, in the first instance, orally and confirmed in writing for consideration by the Supplier. Adjustment to Hire Charges will be made on the merit of such request, and only in accordance with this clause;
(b) is usually charged to the Client at fifty percent (50%) of the daily Hire Charges, unless otherwise agreed in writing between the parties prior to the stand down.
12.5. The Client shall:
(a) maintain the Equipment as is required by the Supplier;
(b) notify the Supplier immediately by telephone of the full circumstances of any mechanical breakdown, accident or damage due by rain, wind cyclone etc and may at the Supplier’s discretion be subject to an inspection, an additional charge will apply. The Client is not absolved from the requirements to safeguard the Equipment by giving such notification;
(c) satisfy itself at commencement that the Equipment are suitable for its purposes;
(d) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by the Supplier or posted on the Equipment;
(e) ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to the Supplier upon request;
(f) comply with all occupational health and safety laws relating to the Equipment and their operation;
(g) not move the Equipment once placed in position by the Client, except with the express approval of the Supplier. Any relocation of the Equipment shall attract an additional charge, and all risk for the performance of such shall rest with the Client (as per clause 8);
(h) employ the Equipment solely in its own work and not permit the Equipment of any part thereof to be used by any other party for any other work;
(i) on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to the Supplier;
(j) keep the Equipment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Equipment;
(k) will not remove the Equipment from the state of New South Wales without the prior written approval of the Supplier;
(l) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;
(m) employ the Equipment solely in its own work and shall not permit the Equipment or any part thereof to be used by any other party for any other work;
(n) not exceed the recommended or legal load and capacity limits of the Equipment;
(o) not use or carry any illegal, prohibited or dangerous substance in, or on, the Equipment;
(p) not fix any of the Equipment in such a manner as to make them legally a fixture forming part of any freehold;
12.6. Immediately on request by the Supplier the Client will pay:
(a) the new list price of any Equipment that are for whatever reason destroyed, written off or not returned to the Supplier;
(b) all costs incurred in cleaning the Equipment;
(c) all costs of repairing any damage caused by the ordinary use of the Equipment up to an amount equal to ten percent (10%) of the new list price of the Equipment;
(d) the cost of repairing any damage to the Equipment caused by the negligence of the Client or the Client’s agent;
(e) the cost of repairing any damage to the Equipment caused by vandalism, or (in the Supplier’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client;
(f) any lost hire fees the Supplier would have otherwise been entitled to for the Equipment, under this, or any other hire contract.
12.7. The Supplier may terminate the hire contract, without being liable for damages for doing so, if:
(a) the Client default in the punctual payment of any monies due;
(b) the Client fails to observe or perform any condition in this, or any other uncompleted hire contract between the Supplier and the Client;
(c) the Client is declared bankrupt, or an official manager is appointed to any of the Client’s assets;
(d) the Client applies to take benefit of any law for the relief of bankrupt or insolvent debtors, compounds with their creditors, or makes an assignment of their remuneration for their benefit.
12.8. In the circumstances of clause 12.7 the Supplier shall be entitled to enter upon the Client’s Site and remove the Equipment from the Site, without prejudice to any arrears in hire charges or other sums due to the breach if the Client’s obligations or for damages that may arise from any event, and from then the Supplier shall be freed and discharged from all actions, suits, claims, demands by or obligations to the Client under or by virtue where this contract is for the purpose of hire.