TERMS AND CONDITIONS OF HIRE
1. Definitions
In these Terms:
Device(s) means the equipment described in the Hire Docket.
Owner means QTM Pty Ltd (ABN 27 631 848 578).
Hirer means the person, company, or organisation hiring the Device(s).
Hire Period means the period commencing on the start date and ending when the Device(s) are returned to, or collected by, the Owner.
2. Hire and Charges
2.1 The Hirer must pay all hire charges and any other amounts specified.
2.2 Hire charges accrue from the commencement of the Hire Period and continue until the Device(s) are returned to the Owner or collected by the Owner following notice from the Hirer that the Device(s) are ready for collection.
2.3 The Hirer is liable for all additional charges incurred during the Hire Period, including:
a) repair or replacement costs for loss or damage
b) cleaning costs
c) callout fees
d) transport or recovery costs
e) late return charges
2.4 Unless otherwise agreed in writing, all amounts are due and payable within seven (7) days of invoice.
2.5 The Owner may charge interest on overdue amounts at a rate of 2% per month, calculated daily.
2.6 The Hirer must pay all reasonable costs incurred by the Owner in recovering overdue amounts, including legal and debt recovery costs.
2.7 To the extent applicable, the Owner’s Terms and Conditions of Trading apply to the payment of amounts under this agreement, except where inconsistent with these Terms, in which case these Terms prevail.
3. Condition and Use of Device(s)
3.1 The Hirer acknowledges that the Device(s) are in good working order and condition at the commencement of the Hire Period, unless otherwise noted.
3.2 The Hirer must:
a) use the Device(s) only for their intended purpose
b) ensure safe and proper use at all times
c) comply with all applicable laws, Australian Standards, codes of practice, permits, and traffic management requirements
3.3 The Hirer must not:
a) re-hire, sub-let, or part with possession of the Device(s)
b) modify, interfere with, or tamper with the Device(s)
c) use the Device(s) unlawfully
d) remove the Device(s) from the approved location without prior written consent
4. Risk, Loss and Damage
4.1 The Device(s) are at the Hirer’s risk from the commencement of the Hire Period until returned to, or collected by, the Owner.
4.2 The Hirer is responsible for all loss or damage to the Device(s), however caused, except to the extent caused by the negligence or wilful misconduct of the Owner.
4.3 The Hirer must immediately notify the Owner of any loss, theft, or damage.
4.4 The Hirer must pay the reasonable costs of repair or replacement of the Device(s).
5. Access, Inspection and Recovery
5.1 The Owner may access the Device(s) at any reasonable time for inspection, maintenance, or recovery.
5.2 If the Hirer breaches this agreement or fails to return the Device(s), the Owner may enter any premises under the Hirer’s control, where reasonably necessary, to recover the Device(s).
5.3 The Hirer indemnifies the Owner against all costs reasonably incurred in recovering the Device(s).
6. Location and Use Restrictions
6.1 The Device(s) must not be taken outside the Perth metropolitan area without prior written approval.
6.2 The Owner may impose additional conditions for approved use outside this area.
7. Indemnity
7.1 The Hirer indemnifies the Owner against all claims, demands, damages, losses, liabilities, costs, and expenses (including legal costs on a full indemnity basis), to the extent arising out of or in connection with:
a) the use or operation of the Device(s)
b) any breach of this agreement
c) any act or omission of the Hirer or its personnel
7.2 This indemnity does not apply to the extent caused by the negligence or wilful misconduct of the Owner.
8. Limitation of Liability
8.1 To the extent permitted by law, the Owner excludes all liability for indirect or consequential loss, including loss of profit, revenue, or business.
8.2 Nothing in this agreement excludes, restricts, or modifies any rights under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.
8.3 Where liability cannot be excluded, the Owner’s liability is limited, at its option, to:
a) repair or replacement of the Device(s)
b) re-supply of any related services
c) the cost of doing so
9. Insurance
9.1 The Hirer must maintain:
a) public liability insurance with a minimum cover of $20,000,000
b) any other insurance required by law
9.2 The Hirer must provide evidence of such insurance upon request.
10. Third Party Equipment
10.1 Where Device(s) are supplied by a third party, the Hirer agrees to comply with any applicable third-party terms.
10.2 Those terms apply only to the relevant Device(s) to the extent of any inconsistency.
11. Ownership and PPSA
11.1 Title to the Device(s) remains with the Owner at all times.
11.2 The Hirer acknowledges that this agreement may constitute a security interest for the purposes of the Personal Property Securities Act 2009 (Cth).
12. Default and Termination
12.1 The Owner may terminate this agreement immediately if the Hirer:
a) fails to pay any amount when due
b) breaches this agreement
c) becomes insolvent or enters external administration
12.2 Upon termination:
a) all amounts become immediately due and payable
b) the Device(s) must be returned immediately or made available for collection
13. General
13.1 This agreement constitutes the entire agreement in relation to the hire of the Device(s).
13.2 Any variation must be in writing and signed by the Owner.
13.3 If any provision is invalid or unenforceable, it is to be read down or severed.
13.4 This agreement is governed by the laws of Western Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
VERSION DATE 13.02.26