1. The daily rate of hire stated hereon is based on the plane being used for a ten (10) hour day only.
  2. A weekly rate of hire stated hereon is based on the plant being used for only five (5) days of the week and on the basis of a ten (10) hour day.
  3. Plant shall not be used in excess of the periods allowed in Clauses 1 and 2 hereof without the express authority of Mitcon Hire in writing.
  4. Mitcon Hire will at the Hirer's request, arrange delivery and collection of the plant at the Hirer's cost.
  5. Hiring charges shall commence from the time the plant is collected by the Hirer from Mitcon Hire's premises until the Return Delivery Docket is signed on behalf of the Hirer. Should the item of plant be delivered to the Hirer by Mitcon Hire at the Hirer's request then hire charges shall commence from the time the plant leaves Mitcon Hire's premises.
  6. Notwithstanding Condition 5, in the event of any plant not being returned to Mitcon Hire by the Hirer before 9 am on the day following the expiration of the hire period then the Hirer shall be deemed to have re-hired the plant for a further period of one day.
  7. The Hirer shall notify Mitcon Hire of any breakdown to any plant within twenty-four hours of same having occurred and from such notification the period of hire shall cease unless the breakdown is a result of misuse or negligence on the part of the Hirer.
  8. MITCON HIRE shall:
    a. Make the plant available to the Hirer at Mitcon Hire's premises or if so requested deliver the plant to the site nominated by the Hirer.
    b. Be responsible for all repairs and replacements required to the plant and which arise from fair wear and tear, provided that these shall be at the expense of the Hirer if caused by negligence or misuse on the part of or attributable to the Hirer.
  9. THE HIRER shall:
    a. Maintain and use the plant in a skilful and workmanlike manner and at his own expense service, clean and generally maintain the plant so that it will remain in good repair and condition (fair wear and tear excepted) and supply all oils, grease and fuels necessary for operation.
    b. Return the plant in a clean condition at the expiration of the hire. Breach of this condition will make the Hirer liable to the relative cleaning charges.
    c. Be responsible for the safe keeping of the plant and tools or accessories supplied therewith and indemnify Mitcon Hire for any loss suffered in this regard through misuse, theft or otherwise.
    d. Pay the relative hire to Mitcon Hire at the rates prescibed hereon as and when requested by Mitcon Hire.
    e. Pay on request the relative delivery and collection charges and cleaning charges and sundry charges in accordance with the current Mitcon Hire rate schedule.
    f. Keep Mitcon Hire indemnified against any injury or loss suffered by any person operating the plant by reason of misuse or otherwise.
    g. Supply the operator and pay operator's wages.
    h. Subject to Condition 10 be responsible for and indemnify Mitcon Hire against all loss or damage to the plant during the hire howsoever caused (other than directly due to fair wear and tear).
    i. Prior to the use of the plant determine the condition and suitability of the plant hired for the purpose required.
    j. Ensure that all safety information supplied with the plant will be conveyed to any person using the plant.
    k. Attach to the plant and maintain any safety signs supplied with the plant and bring them to the attention of any person using the plant and ensure they are clearly legible by the operator of the plant.
    l. Ensure that all safety and operating instructions and notices are observed and not defaced or removed from the plant.
    m. Ensure that all operators of the plant wear suitable clothing and any protective equipment required or recommended by the manufacturers safety and operating instructions or as recommended by the Owner.
    n. Not perform work with the plant, nor cause, permit, allow, or employ any person to perform work with the plant, in an occupation prescribed under the Workplace Health and Safety Act, unless the Hirer or such person is the holder of a current certificate or compentency, permit, or authority to operate the plant issued for that occupation under such Act.
  10. The Hirer shall pay damage waiver to Mitcon Hire of an additional 8% of the total hire charges and in return therefore he shall be released from liability for damage to (as distinct from the loss of) the plant caused other than by wilful or grossly neglected acts or omissions of the Hirer but this waiver does not exclude liability in respect of:-
    a. Damage occurring whilst the plant is stolen or in the possession of any person unlawfully or in the course of being stolen or unlawfully taken or in the course of recovery from being stolen or unlawfully possessed.
    b. Damage occasioned directly or indirectly by breach of these conditions.
    c. Damage resulting from lack of lubrication or other normal maintenance for which the Hirer is liable hereunder.
    d. Damage to motor or electrical appliances or devices by overloading or artificial electric current.
    The hirer may decline damage waiver cover by signing the Hire Agreement accordingly.
  11. This Contract shall not be transferable to any person or party nor the plant removed from the State of Queensland.
  12. Mitcon Hire shall be permitted to affix any sign or advertising device or identification marks to the plant as it shall determine.
  13. Notwithstanding anything to the contrary herein contained Mitcon Hire may terminate the within Agreement by giving the Hirer one day verbal notice, such termination to be effective on the expiration of that notice.
  14. If the Hirer shall commit any act of bankruptcy or be made bankrupt or being a company have a winding up petition presented against it or be wound up or go into voluntary liquidation or commit any breach of this Agreement, Mitcon Hire shall thereupon be entitled to terminate the Agreement without notice and or to take possession of the plant or equipment hired for which purpose the Hirer hereby irrevocable authorizes Mitcon Hire and its agents to enter any land or premises of the Hirer or under his control. Upon termination as foresaid or upon Mitcon Hire taking possession of the plant or equipment this Agreement shall be at an end except the Hirer shall be liable for any prior breach thereof and shall indemnify Mitcon Hire in repect of any claims, damages and expenses arising out of any action taken under this condition.
  15. Any warranty, condition, description or representation whether expresss or implied as to the state, quality or fitness of the plant for the purpose for which the same is let on hire is excluded except fore any conditions or warranties which may be implied in this Agreement by the Trade Practices Act or other Legislation.
  16. Mitcon Hire shall not be responsible or liable to the Hirer whether on the ground of breach of contractual duty or on the ground of negligence for any loss or damage to property, person, business or otherwise directly or indirectly suffered or sustained by the Hirer and arising from defects in or malfunction, breakdown or failure of performance of the plant or otherwise and the Hirer exonerates and releases Mitcon Hire from all claims and demands in respect thereof.
  17. Unless otherwise agreed where the Hirer requests delivery by Mitcon Hire, Mitcon Hire undertakes to deliver plant only to the kerb alignment adjacent to the address specified by the Hirer. The delivery vehicle will only enter that address or job area or private property at the absolute discretion of the driver and at the Hirer's risk and responsibility without Mitcon Hire being liable in any way for any loss or damage caused as a result of such entry of such vehicle however caused whether by negligence or otherwise.
  18. Mitcon Hire reserves the right to revise schedule of hire rates and related charges following a minimum notice period of 30 days.
  19. Mitcon Hire shall be entitled to charge interest on all amounts not paid by the Hirer by the due date at the rate per annum equal to 1.0% higher than the ANZ Bank's commercial overdraft interest rate on accommodation in excess of $50,000.00.