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Term and Conditions

Construction HQ agrees to hire and the Hirer agrees to take on hire the Motorhome on the following terms and conditions. By taking possession of the Motorhome and signing this Hire Agreement, the Hirer acknowledges and confirms that the Hirer has read, understood and accepted these terms and conditions.


INTERPRETATION

In these terms and conditions:

  • Condition Report means the description of the condition of the Motorhome recorded in the Schedule at the start of the Hire Period;
  • Construction HQ means the registered proprietor and/or legal Construction HQ of the Motorhome, whose name and ABN appears at the top of the Schedule;
  • Guarantor means the person (or persons) who agrees to be liable for the debts of the Hirer on a principal debtor basis in accordance with clause 11.
  • Hire Fees means the daily, weekly or monthly amounts specified in the Schedule and payable by the Hirer to Construction HQ for the hire of the Motorhome and any other fee set out in the Schedule;
  • Hirer means the person named in the Schedule who takes the Motorhome on hire;
  • Hire Period means the period between the Delivery Time on the Delivery Date and the time that the Hirer returns the Motorhome to Construction HQ’s premises in the condition required by this Hire Agreement;
  • Hire Agreement means this entire document including the Schedule and these Terms and Conditions;
  • Insurance Cover means the policy or policies of insurance taken out and maintained by Construction HQ to cover damage to and/or loss of the Motorhome;
  • Motorhome means the motorhome described in the Schedule, including all existing and subsequently fitted parts and accessories, and any log or inspection books supplied with the Motorhome;
  • Return Time means 4pm on the Return Date; and
  • Schedule means the schedule to which these terms and conditions are annexed, which sets out the details of the hire.


CONDITION OF MOTORHOME


  • Immediately upon delivery, the Hirer must fully inspect the Motorhome to ensure that any damage is accurately noted and shown in the Condition Report. If there is any inconsistency, the Hirer must notify Construction HQ, and both parties must agree in writing to any changes to the Condition Report.
  • By taking delivery of the Motorhome, the Hirer confirms that the Hirer takes the Motorhome:
    - in the condition set out in the Condition Report; and
    - with the tools, tyres or tracks, accessories and equipment, keys, and any other items specified in the Schedule and/or Condition Report.


RETURN OF MOTORHOME


  • The Hirer agrees to return the Motorhome to Construction HQ:
    - in a clean and tidy condition;
    - in the same condition as set out in the Condition Report, other than fair wear and tear;
    - to Construction HQ’s premises (unless Construction HQ agrees in writing to the Hirer returning the Motorhome to a different location) by no later than the Return Time (unless Construction HQ agrees in writing to an extension of the Hire Period);
    - with all of the items set out in the Schedule and clause 2(b) in good condition; and
    - with a full tank of diesel.
  • If the Hirer fails to return the Motorhome:
    - in a clean and tidy condition, the Hirer must pay Construction HQ a $100.00 fee;
    - with a full tank of diesel, the Hirer must pay Construction HQ a $20.00 fee;
    - by the Return Time, the Hirer must pay Construction HQ a late return fee of $20.00 per hour; and
    - by 9pm on the Return Date, the Hirer must pay for an additional day of hire calculated by dividing the Hire Fee by the number of days in the Hire Period (Late Fee). The Hirer must pay the Late Fee for each day the Motorhome is not returned to Construction HQ with this amount becoming immediately due plus interest in accordance with 3.
  • If the Hirer loses the Motorhome keys the, the Hirer must pay Construction HQ a replacement fee of $800.00.
  • Construction HQ must be notified and agree in advance and in writing to any extension of the Hire Period. If the Hirer fails to return the Motorhome to Construction HQ by the Return Time, the Motorhome will be immediately reported to the Police as having been stolen.

Construction HQ may take possession of the Motorhome without prior demand if, in Construction HQ’s opinion:

  • it is being used, in contravention of any law or in breach of a material term of this Hire Agreement; or
  • it has apparently been abandoned.
  • The Hirer will be responsible for the Motorhome and the Hire Period will continue until Construction HQ makes a final inspection. Construction HQ will use its best endeavours to make the final inspection by no later than 4pm on the business day after the day on which the Motorhome is returned to Construction HQ’s premises.
  • Construction HQ will use reasonable endeavours to notify the Hirer as soon as possible if Construction HQ does not consider that the Motorhome has been returned in the same condition as set out in the Condition Report, other than fair wear and tear.
  • For the avoidance of doubt, the Hirer must reimburse Construction HQ for excessive wear or any other damage, including but not limited to damage caused by loading the Motorhome beyond the manufacturer’s rated capacity.

USE OF MOTORHOME

  • The Hirer must at all times maintain the Motorhome in the same condition recorded in the Condition Report, other than fair wear and tear.
  • The Hirer must maintain tyre pressure, fluids and fuel at the proper operating levels and to immediately report any defect to Construction HQ.
  • The Hirer acknowledges that the Hirer is responsible for supplying, and agrees that the Motorhome must only be used or operated by the person/s named in the Schedule (Authorised Operator). Without limitation, the following persons must not drive or operate the Motorhome (unless authorised by us in writing):
    - a person who is not authorised by Construction HQ;
    - a person who does not have a valid full driver’s licence;
    - a person whose breath or blood alcohol concentration exceeds the maximum lawful concentration or who is intoxicated or who is under the influence of any drug, toxic, or illegal substance; or
    - a person who is under the age of (25) years.
  • The Hirer agrees that the Motorhome must not be used by the Hirer or by any Authorised Operator (unless authorised by Construction HQ in writing):
    - in any manner contrary to any operating or maintenance manual for the Motorhome;
    - to carry any greater load, number of persons or for use in a manner or for a purpose for which the Motorhome was not designed and constructed;
    - off-road, on rough roads, or on roads marked ‘4WD only’ (the Hirer must pay Construction HQ a fee of $200.00 for a breach of this sub-paragraph);
    - in contravention of any criminal legislation, any legislation involving a penalty, or for any illegal purpose whatsoever; or
    - if the Motorhome is damaged or unsafe.
  • The Hirer must keep the Motorhome locked and secure at all times whilst it is unattended.
  • The Hirer must produce the Motorhome for inspection and testing by Construction HQ upon reasonable notice.
  • The Hirer must not permit animals inside the Motorhome or smoking inside or near the Motorhome.
  • The Hirer is allowed to drive the Motorhome for a distance of up to 200 kilometres per day of hire. If the Motorhome is driven more than 200 kilometres per day then there will be an additional charge of $0.30 per kilometre travelled per day which exceeds 200 kilometres.

HIRE FEES

  • The Hirer agrees to pay on demand all of the following charges for the period up until return to or recovery by Construction HQ of the Motorhome in the condition required by these Terms (whether or not charges are detailed in the Schedule):
    the Security Deposit (if any) on or before the Delivery Date;
    - all other charges at the rates described under “Hire Fees” in the Schedule;
    - all costs associated with delivering the Motorhome to the Hirer and back to Construction HQ’s premises;
    - in respect of loss or damage sustained during the Hire Period:
    - the cost of repair or reinstatement of loss or damage where Construction HQ’s Insurance Cover does not apply;
    any excess or deductible payable where Construction HQ makes a claim under Construction HQ’s Insurance Cover;
    - where the Hirer breaches any of its other obligations under this Hire Agreement (without limiting any other right Construction HQ has), such sum as is necessary to compensate Construction HQ for loss or damage suffered because of the breach, as determined by Construction HQ;
    - all fines, penalties and other similar charges incurred by the Hirer or any other driver of the Motorhome, or any such charges logged against the Motorhome during the Hire Period;
    - all applicable goods and services tax (GST), and any other government taxes or duties that may apply, as set out in the Schedule;
  • the cost to Construction HQ recovering the Motorhome in the circumstances described in clause 5;
  • the replacement cost of any lost keys or other accessories; and
    where the Hirer fails to return any or all of the items set out in the Schedule and clause 2(b) in good condition, the cost to Construction HQ of replacing the same.
  • Final charges will be determined after a final inspection by Construction HQ’s representative which will be made as soon as practicable after return to, or recovery by Construction HQ of the Motorhome.


PAYMENT


  • Unless otherwise stated in the Schedule, all Hire Fees and other charges are payable in advance via Construction HQ’s website.
  • All payments must be made in full, without set-off or deduction, and to Construction HQ or as Construction HQ directs from time to time.
  • Construction HQ may levy and the Hirer must pay interest on all late payments at the rate of 12% per annum, calculated daily from the due date for payment until the entire amount overdue (plus all accrued interest) has been paid in full.


REFUND


  • If the Hirer cancels their Motorhome booking via the Construction HQ website:
    - more than 45 days before the Delivery Date then Construction HQ will refund 100% of the Hire Fees and 100% of the Security Deposit paid by the Hirer;
    - 20 to 35 days before the Delivery Date then Construction HQ will refund 90% of the Hire Fees and 100% of the Security Deposit paid by the Hirer; or
    less than 20 days before the Delivery Date then Construction HQ will not refund any of the Hire Fees but will refund 100% of the Security Deposit paid by the Hirer.
    - If the Motorhome breaks down and is incapable of being driven or used, the Hirer will be entitled to a refund on a pro rata basis calculated on the number of days left in the Hire Period (which is not to take into account the day in which the Motorhome breaks down). For example, if the Hire Period is seven (7) days and Motorhome breaks down on the fourth (4th) day, the Hirer will be entitled to a refund on a pro rata basis for the two (2) days remaining in the Hire Period.


HIRER’S ACKNOWLEDGEMENTS & OBLIGATIONS


  • The Hirer acknowledges that the Hirer will be liable for all loss and damage to the Motorhome, any property and any person which is caused by the Hirer’s operation of the Motorhome.
  • The Hirer must not, without the prior written consent of Construction HQ, make any substantial repairs, alterations, additions or replacements to the Motorhome.
  • The Hirer must:
    - comply with all relevant laws, regulations, rules and by-laws governing or relating to the use and operation of the Motorhome;
    - not do or cause or suffer to be done any act, matter or thing which is likely to endanger the safety or condition of the Motorhome;
    - pay to Construction HQ on demand all money which Construction HQ pays or is liable to pay to make good any failure by the Hirer to comply with any obligation under this Hire Agreement and all other costs and expenses, including legal costs and expenses that Construction HQ may incur in the enforcement or protection or attempted enforcement or protection of Construction HQ’s rights under this Hire Agreement or in the Motorhome, including money paid by Construction HQ in releasing any lien or other encumbrance claimed on the Motorhome and in dismantling and removing Motorhome from any premises;
    - notify Construction HQ of any accident resulting in injury to persons or damage to property (including damage to the Motorhome) involving the Motorhome within three (3) business days of the date of the accident; and
    - to secure the Motorhome when not in use and to ensure that all reasonable measures are taken to protect the Motorhome against acts of theft and vandalism.


SECURITY DEPOSIT


  • The Hirer must pay a security deposit to Construction HQ in the amount set out in the Schedule.
  • Construction HQ may use the security deposit to make good the cost of remedying any breach of this Hire Agreement by the Hirer (including for the fees set out in clauses 2 and 4.4(c), and the cost incurred by the Hirer to refill the Motorhome with diesel), and the Hirer must pay whatever amount is necessary to bring the security deposit back to the required level.
  • As soon as practicable after the Motorhome is returned to Construction HQ, Construction HQ must refund any unused part of the security deposit.


INSURANCE


  • The Hirer must pay to Construction HQ:
    - the amount of any loss or damage sustained to the Motorhome during the Hire Period which is not covered by Construction HQ’s insurance cover; and
    - any excess or deductible payable where Construction HQ makes a claim on its insurance cover for loss or damage sustained during the Hire Period,
    - and Construction HQ is authorised to debit such amounts from the credit card set out in the Schedule.
  • The Hirer acknowledges that Construction HQ’s insurance cover will not extend to, and Construction HQ accepts no liability in respect of loss or damage to, the Hirer’s personal belongings stored in or near the Motorhome.

GUARANTEES

  • Construction HQ may require one or more persons to provide a personal guarantee as security for obligations and payments due by the Hirer to Construction HQ under this Hire Agreement, as a condition of extending credit and/or hiring Motorhome and/or continuing to hire Motorhome to the Hirer.
  • If required, the Hirer must immediately procure and deliver this Hire Agreement signed by the Guarantor to Construction HQ.
  • The Guarantor unconditionally and irrevocably guarantees to Construction HQ, the due and punctual performance of the Hirer’s obligations under this Hire Agreement or any other liability of the Hirer to Construction HQ, and the Guarantor agrees:
    - that this guarantee is a continuing guarantee and remains in full force and effect until the Hirer’s obligations under this Hire Agreement are satisfied in full; and
    - to indemnify Construction HQ against any claim, action, loss, damage, liability, cost, expense, outgoing or payment suffered, paid or incurred by Construction HQ which the Hirer is responsible for under this Hire Agreement.


SECURITY INTEREST


  • In this clause 12, terms which are defined in the Personal Property Securities Act 2009 (Cth) (PPSA) have the meaning given to them in the PPSA.
  • The Hirer grants and Construction HQ may register a security interest over the Motorhome if the hire described in this Agreement is, or becomes, a PPS Lease.
  • The Hirer grants Construction HQ a separate security interest in all present and after-acquired property of the Hirer and their proceeds without exceptions to secure payment of all fees and charges payable under this Agreement.
  • At the request of Construction HQ, the Hirer agrees to promptly execute any documentation necessary, or to do anything else required by Construction HQ, to ensure that the security interest created under this Hire Agreement shall constitute a first ranking, perfected security interest over the Hirer’s property and proceeds. This includes providing any information necessary for Construction HQ to complete a financing statement or financing change statement.
  • The Hirer waives the Hirer’s right to receive a copy of a verification statement under the PPSA.
  • The Hirer agrees to reimburse Construction HQ for all costs and charges incurred, expended or payable by Construction HQ in relation to the filing of a financing statement or financing change statement in accordance with this Hire Agreement.


TERMINATION


  • Construction HQ may terminate the Hire Agreement at any time if the Hirer commits a material breach of the Hire Agreement.
  • If the Hire Agreement is terminated early for any reason, the Hirer agrees to pay Hire Fees through to the end of the intended Hire Period.


GENERAL


  • Disputes: If a dispute arises regarding any matter relating directly or indirectly to this Hire Agreement (other than a dispute arising from non-payment of an invoice) then prior to pursuing any other rights or proceedings in relation to the dispute, the parties must meet in good faith and use their best endeavours to resolve such dispute to their mutual satisfaction.

  • Governing Law: The laws of the State of Victoria apply to this Hire Agreement.

  • Signatory warranty: The person or persons who sign this Hire Agreement as or on behalf of the Hirer warrant that each of them is authorised to enter into this Hire Agreement on the Hirer’s behalf, and to bind the Hirer to this Hire Agreement (whether the Hirer trades on its own account or as trustee).

  • Severance: If any provision of this Hire Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Hire Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Hire Agreement.
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