Detailed Civil Pty Ltd ACN 162 068 288 – Wet Hire Agreement
Terms and Conditions
In these Terms and Conditions:
Additional Costs refers to costs incurred by Detailed Civil in the performance of the Work in addition to the agreed hours, e.g. Toll charges incurred is transporting the Equipment to or from Site, dump fees or the delivery of road base materials, any applicable levies, fines, penalties and other government charges arising out of the Customer’s use of the Equipment;
Attachments means each of the attachments to the Equipment supplied and hired by Detailed Civil to the Customer under this Wet Hire Agreement, the details of which attachments are intended to be listed in each Hire Docket;
Consequential Loss includes, without limitation, damage to any third party’s property, loss of profits; loss of revenue, lost production, loss of business, loss of the benefit of any contract or other agreement or arrangement, damage to reputation and legal costs;
Customer means the person or entity receiving the earthmoving and associated services and who engages Details Civil to undertake the Work, using the Equipment and/or Attachments under this Wet Hire Agreement;
Detailed Civil means Detailed Civil Pty Ltd ACN 162 068 288, which will undertake the Work;
Engagement refers to the Customer’s engagement of Detailed Civil for the performance of the Work on the Ter, and Detailed Civil accepts that engagement, each on the Terms set out in this website and on the back of the Hire Docket;
Equipment means each of piece of equipment, plant and/or machinery supplied and hired by Detailed Civil to the Customer under this Wet Hire Agreement to undertake the Work, the details of which equipment are intended to be listed in each Hire Docket;
Force Majeure Event is an event that is beyond the control of either party that prevents or hinders the performance of the contract;
Hire Docket means the hire docket issued by Detailed Civil with respect to the Work;
Hire Fees means the fees described in clause 4 of these General Terms and Conditions;
Liability means all liabilities (whether actual, contingent or prospective), loss, damages, costs and expenses of whatever description, and however and whenever arising;
Operator means any person who is an employee, agent or contractor of Detailed Civil and who operates the Equipment and undertakes the Work;
PPSA means the Personal Property Security Act 2009 (Cth) and all related regulations;
Site refers to the job address where the Work will be performed, which is specified in the Hire Docket;
Tort means a wrongful act or an infringement of a right (other than under contract) leading to legal liability;
Wet Hire Agreement means the Wet Hire Agreement between Detailed Civil and the Customer, which refers to and incorporates these Terms and Conditions and the provisions in each Hire Docket, in relation to the hire of Equipment and Attachments and an Operator;
Work means all earthmoving and associated services supplied by Detailed Civil to the Customer, via the Operator using the Equipment and Attachments; and
Work Period means the period agreed between Detailed Civil and Customer for the completion of the Work and which is specified in the Hire Docket;
2. HIRE OF EQUIPMENT AND OPERATOR
2.1 Detailed Civil will provide the Equipment, Attachments and Operator to the Customer for the Hire Period in exchange for payment of the Hire Fees.
2.2 All Equipment and their Attachments are wet hired (hired with an Operator) for minimum charges at their hourly rate.
2.3 Detailed Civil will ensure the Operator:
(a) holds the requisite qualifications, licenses, skills, training and experience required to operate the Equipment;
(b) complies with all reasonable and lawful directions of the Customer relating to the use of the Plant on the Customer’s Site;
(c) secures the Equipment at the end of the shift that the Services are performed; and
(d) maintains the confidentiality of any trade secrets, confidential information or commercially sensitive information about the Customer, obtained whilst providing the Services under this Agreement.
2.4 Both parties acknowledge and agree that the Operator is, and will at all times be, an employee or subcontractor of Detailed Civil and not the employee of the Customer.
3. HIRE PERIOD
3.1 The Hire Period commences when the Equipment and/or Operator leave the originating location with the Equipment and continues until the Equipment has been returned to Detail Civil, as documented on the Hire Docket signed by the Customer to confirm hours worked plus applicable travel and/or float charges.
3.2 The minimum Hire Period for the Equipment and Operator is one hour.
3.3 Hire of Equipment and Operator is billed in 15-minute increments.
4. HIRE FEES
4.1 The Customer must to pay Detailed Civil the hire charges, unless otherwise agreed in writing, at the rates specified in the applicable Hire Docket or if not specified there, as specified in the then current Schedule of Rates, but if not specified, then at the current price list as usually charged by Detailed Civil to other customers at the time charged for the relevant Equipment, Operator and/or Operator, plus any applicable GST, tolls, fines, penalties and other charges associated with the Equipment and Attachments hire.
4.2 All Hire Fees include the transportation of the Equipment and Attachments or loading/unloading of the Equipment and Attachments on Site.
4.3 The Customer shall pay Detailed Civil a surcharge for overtime costs where the hire period and/or work performed by Detailed Civil include night work after 6 pm, Sundays or public holidays.
4.4 Delivery fee of one hour applies to all Equipment (except when a float fee occurs). Carryover of Equipment to the next day incurs half of the first day travel charge.
4.5 Unless the Customer has a Credit Account, the Hire Fees and Additional Costs are due and payable as a liquidated debt to Detailed Civil immediately on the completion of the Hire Period, but in any case, on demand by Detailed Civil.
4.6 If the Customer has a Credit Account, the Customer must pay the Hire Fees within 30 days after the date of issue of the applicable Invoice issued by Detailed Civil to the Customer.
4.7 If payment is not made in accordance with these Terms and Conditions, interest will accrue daily on the total cost or any unpaid portion at the rate of 2.5% per month.
4.8 A 1.5% surcharge for any payments made by credit card applies
4.9 COD Customers must supply valid credit card details that can be used to take full payment at the end of each day.
4.10 Supply of sand, soil, gravel etc. will be subject to availability and will attract a surcharge.
4.11 Unless expressly stated to the contrary, all amounts specified in any Hire Docket or which are otherwise quoted or are applicable, are deemed to be GST exclusive, and the Customer must also pay to Detailed Civil, GST on the amount otherwise payable, at the same time as the payment for the supply.
5. CUSTOMER OBLIGATIONS
5.1 The Customer acknowledges that the Equipment shall only be operated by the Operator and must not allow or authorise any other person or entity to use or have possession of the Equipment at any time, unless expressly agreed in writing by Detailed Civil.
5.2 The Customer must:
(a) only provide lawful directions to the Operator;
(b) not allow any person other than the Operator supplied by Detailed Civil, to operate the Equipment and/or the Attachments.
(c) keep all persons away from the Equipment while it is stored and at a safe distance while in operation;
(d) ensure Detail Civil and its Operator are given adequate access to the Site, as is required for the safe operation of the Equipment;
(e) provide a suitable location for the Operator to store the Equipment safely and securely; and
(f) not move or relocate the Equipment from Site.
6. HEALTH AND SAFETY
6.1 Detail Civil shall be responsible for ensuring that the Customer and its employees, agents and subcontractors act in accordance with all Legislative Requirements including those in relation to workplace health and safety, advisory standards and codes of practice.
6.2 The Customer will comply with all Legislative Requirements, codes of practice and standards in relation to workplace health and safety at the Site.
6.3 Detail Civil and Operator must consult, cooperate and coordinate with the Customer and any other persons on Site that have a workplace health and safety duty. The Operator has the final decision in relation to operational issues of the Work, but where possible, the Operator will where reasonably safe, seek to comply with directions from the Customer
6.4 If in the opinion of the Operator, a task which the Customer has requested be undertaken, would be dangerous or detrimental to the Equipment, Attachments or Operator, then the Operator can refuse to undertake that task. If dispute arises, the Customer must report details of the dispute to Detailed Civil. The Operator has no authority to accept liability on behalf of Detailed Civil under any circumstances whatsoever.
7.1 The Customer acknowledges that Detailed Civil owns the hired Equipment and Attachments and, in all circumstances, Detailed Civil retains title to the Equipment and Attachments.
7.2 The Customer is not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over the Equipment or Attachments, or part with or attempt to part with personal possession of the Equipment and Attachments.
7.3 The Equipment and Attachments are deemed not to be a fixture in any circumstances.
8. WEAR AND TEAR, LOSS OR DAMAGE
8.1 Wear and tear of Auger/bucket teeth will attract a replacement charge if wear is excessive. Rock augurs incur an extra $15 per hour on top of the Post Hole Borer rate
8.2 Where the Customer or any persons under their control is responsible for the loss or damage to the Equipment, the whole or part of the cost of replacement or repair of the Equipment will be added to the invoice total.
9. CANCELLATION POLICY
9.1 The Customer’s may cancel the Hire of the Equipment by giving at least one hour’s notice before the commencement time. Detailed Civil will dispatch all Equipment and equipment unless prior contact has been made. It is solely the Customer’s responsibility to cancel due to wet weather―failure to do so will incur a minimum Hire Fee for Equipment / Attachments dispatched.
9.2 The Customer shall phone 0411 206 406 to advise of any cancellations to the booking after hours.
10. TERMS GOVERNING DETAILED CIVIL SUPPLY OF EQUIPMENT
The supply of Equipment is governed by the provisions contained in these Terms and Conditions, on Detailed Civil’s website and in the Hire Docket (including its overleaf) and any other written terms agreed with the Customer. A signed Hire Docket signifies the Customer’s confirmation that the Work to which the Hire Docket relates was completed satisfactorily. Any disagreements in relation to that Work must be raised by the Customer before the signing of the Hire Docket with all rights and claims arising from those issues forfeited by the Customer upon so signing that Hire Docket. If the Customer does not pay any amount due under this Agreement on time, Detailed Civil may withdraw all services until all unpaid amounts are paid.
11. BEFORE WORK COMMENCES, PERMITS AND FIRE ANTS
11.1 Before the Work is started, it is strongly recommended that the Customer consult with Detailed Civil or the Operator to determine the suitability of the Equipment for the intended Work. Should this process not be followed, the Customer shall indemnify Detailed Civil from any additional cost, expenses or losses incurred.
11.2 The Customer must obtain all necessary permits and/or plans and pay any fees payable to any local or government authority in relation to the Work.
11.3 Before and whilst undertaking the Work, the Customer shall clearly mark the exact location and identify all services above and below ground at the Customers Site including, but not limited to, drains, pipes, sewers, mains, telephone and data cables, to enable Detailed Civil and/or the Operator to prevent damage to all such services. These plans can be requested from the Dial Before You Dig website www.dialbeforeyoudig.com.au or call 1100. Should the Customer fail to provide Detailed Civil with the appropriate plans for the Customers site as specified, the Customer shall indemnify Detailed Civil and Detailed Civil from any claim for costs, expenses or losses.
12. DUE CARE OF THE EQUIPMENT AND ITS RESPONSIBLE OPERATION
12.1 The Customer shall accept full responsibility for, and indemnify Detailed Civil against all claims in respect to any injury to persons, or loss or damage to property, arising out of the delivery, unloading and reloading on site, servicing, storage, possession or use of the Equipment by the Customer, or any person under their control during the period of hire.
12.2 The Customer shall not alter, make any additions to, deface or erase any identifying mark, plate or number on or in the Equipment or Attachments, or in any other way interfere with the Equipment or Attachments.
12.3 The Customer shall not repair or attempt to repair or cause any repair to be made to the Equipment without the prior consent of Detailed Civil.
13. CUSTOMERS RESPONSIBILITY FOR LOSS, DAMAGE AND SAFE WORK METHODS
13.1 The Customer shall keep all persons, including the Customer, its employees, agents and invitees, away from the Equipment while the Equipment is stored and at a safe distance from the Equipment while it is in operation.
13.2 The Customer shall at all times exercise due care while the Equipment and Attachments are stored on Customer’s Site. The Customer shall take all reasonable precautions to prevent bodily injury or damage to property and to comply with all statutory obligations and by-laws or regulations imposed by any Public Authority for the safety of persons and/or property in relation to the Work as though the Customer was Detailed Civil and shall indemnify Detailed Civil for any liability caused by failure to so comply
13.3 During the Hire Period, the Customer shall immediately notify the Operator and Detailed Civil should any competent authority require the suspension or cessation of the Work or if it becomes aware of any fact, matter or thing that might reasonably endanger the Operator or the Equipment and/or the Attachments in the performance of the Work.
13.4 The Customer is liable for, and shall fully and completely indemnify the Operator and Detailed Civil in relation to all claims by any person or party whatsoever for injury to any person or persons and/or loss or damage to property caused by or in connection with or arising out of the Customer’s failure to comply with these Terms and Conditions, whether arising under statue or common law. This indemnity does not apply to any liabilities of Detailed Civil that are not permitted to be excluded under Australian Consumer Law or common law.
13.5 The Customer shall be liable for any costs (including recovery costs) should the Equipment and/or the Attachments become bogged, as a result of an instruction from the Customer.
13.6 If the Equipment is lost, damaged or destroyed due to any fault of the Customer, its servants, agents, employees or invitees, including through failure to comply with these Term and Conditions, the Customer shall immediately make good that loss or damage at its expense.
14. DELIVERY IN GOOD ORDER, OPERATING COSTS AND MAINTENANCE
14.1 Detailed Civil shall deliver the Equipment and Attachments in good operating order and supply all consumables necessary for the operation of the Equipment and, subject to other provisions in these Terms and Conditions, is responsible for the repair and maintenance of the Equipment. If during the Hire Period the Equipment breaks down or displays unsatisfactory working of any part of the Equipment or the Attachments, Detailed Civil must be notified immediately. Any claim for breakdown time will only be considered from this time.
14.2 Full allowance will be made to the Customer for any stoppage due to the breakdown of Equipment caused by the development of an inherent fault or for wear and tear and for all stoppages for normal running repairs in accordance with the terms of contract. The Customer is responsible for all expense involved arising from any breakdown and or loss or damage included by Detailed Civil due to the Customer’s negligence, misdirection or misuse of the Equipment, whether by the Customer or its servants and for the payment of hire at the appropriate idle time rate during the period the Equipment is necessarily idle due to such breakdown. Detailed Civil will be responsible for the cost of repairs to the Equipment and/or Attachments involved in the breakdowns from all other causes and will bear the costs of providing spare parts.
14.3 Detailed Civil accepts no liability nor responsibility for any consequential loss or damage due to or arising from the breakdown or stoppage of the Equipment through any cause whatsoever or through non-arrival arising from accident or breakdown circumstances beyond the control of Detailed Civil.
15.1 Detailed Civil may register any actual or impending security interest in relation to any security interest contemplated or constituted by this Agreement in the Equipment and/or Attachments and the proceeds arising in respect of any dealing in the Equipment and/or Attachments. For purposes of this clause and the PPSA, the collateral is the Equipment and/or Attachments, and this Agreement is a security interest.
15.2 The Customer must not create or purport to create any security interest in the Equipment, or register, or permit to be registered, a financing statement or a financing charge statement in relation to the Equipment in favour of a third party without Detailed Civil’s written consent
16. CREDIT CHECKS
The Customer authorises Detailed Civil to make enquiries with respect to the Customer’s commercial and/or consumer credit worthiness; to exchange information with other credit providers in respect to previous commercial and/or consumer defaults of the Customer and to, when necessary, notify other credit providers of a commercial and/or consumer default by the Customer.
17. LEGAL LIABILITIES
17.1 Detailed Civil and the Customer acknowledge that under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Equipment or Services which cannot be excluded, restricted or modified by the Agreement. Conversely all conditions, warranties, rights and remedies are excluded other than any Non-Excludable Rights.
17.2 Notwithstanding any other provision of these Terms and Conditions, and subject to any liability under applicable State and Commonwealth law, neither Detailed Civil nor the Operator under any circumstances (whatever the cause) is liable in contract, tort, including without limitation, negligence or breach of statutory duty or otherwise, to compensate the Customer for any personal injury, death, increased costs or expenses; any loss of profit, revenue, business, contracts or anticipated savings; any loss of expense resulting from a claim by a third party; any special, indirect or Consequential Loss or damage of any nature whatever, however caused, which the Customer may directly or indirectly suffer in connection with the Work. This Term however may be limited (in the consideration and discretion of Detailed Civil) to either the provision of services again; or the payment of such services again
17.3 Detailed Civil will have no liability to the Customer in relationship to any loss, damage or expense caused by Detailed Civil’s failure to complete the Work as a result of the requirement of any governmental authority or any war, public disorder, civil commotion or disturbance, acts of enemies, strike, lockout, fire, act of terror, any act of nature, crime, breakdown, or the inability of Detailed Civil’s normal suppliers to provide necessary material or any other matter beyond Detailed Civil’s control (Force Majeure Event). Where Detailed Civil fails or is delayed in the performance of the Work by a Force Majeure Event, other than any cause of action that cannot be excluded under any liability to applicable State and Commonwealth law, the Customer shall have no cause of action against the Operator or Detailed Civil for a breach of any Term or otherwise. If Detailed Civil is unable to complete the Work as a consequence of a Force Majeure Event, either Operator or Detailed Civil may, subject to their obligations under applicable State and Commonwealth law, (if any), terminate the Engagement
18.1 Either party may terminate this Agreement and the Hire Period immediately by giving notice to the other party if the other party is in breach any term of this Agreement and fails to remedy the breach within 7 days of written notification of the breach.
18.2 Detailed Civil may terminate this Agreement and Hire Period without reason upon giving 24 hours’ notice to the Customer.
18.3 Detailed Civil may terminate the Engagement at any time with immediate effect if the performance or completion of the Work would breach any law, regulation or directive of any competent authority by which Detailed Civil or Detailed Civil is bound, or if the Customer: hinders or impedes Detailed Civil in the performance of the Work; fails to comply with an essential Term; becomes insolvent or bankrupt, has a receiver or receiver and manager appointed to its assets, enters into any scheme for the payment of its creditors, or execution or distress is levied upon its assets; is the subject of an order or resolution for its winding up or liquidation.
18.4 On termination of this Agreement, Detailed Civil is entitled to immediate possession of the Equipment and the Attachments and where such possession is not obtained, the Customer irrevocably appoints Detailed Civil as its agent and authorised attorney to enter upon any land or premises on behalf of the Customer to recover the Equipment and the Attachments and indemnifies Detailed Civil in respect of any claims, damages or expenses arising out of any action taken under this condition
18.5 These rights of termination are in addition to any other rights either party has under this Agreement and do not exclude any right or remedy at law, in equity or under statute.
18.6 If the Engagement is terminated for any reason: the Customer must pay any outstanding amount and for the value of the Work completed to the time of termination and any Additional Costs incurred
18.7 After a valid termination, neither the Customer nor Detailed Civil shall have any further obligation under these Terms and Conditions, but no right or Claim which arose before termination will be affected.
19. GOVERNING LAW
The Agreement is governed by the laws of Queensland and each party submits to the exclusive jurisdiction of the courts of Queensland.