Name of Applicant:
Trading Name:
Postal Address:
Street Address:
Telephone Numbers:
(0 )
(0 )
(0 )
(0 )
Nature of Business:
How long in business?
Person to contact for account
Phone no.:
Please tick appropriate box:
(If in Limited, Partnership, or Trust, please give full names and addresses of all directors/partners & trustees)
TRADE REFERENCES (Nominate only businesses you have traded with for at least 6 months – exclude service accounts (eg. Petrol, Telephone, Power
Do you require (Insurance) Waiver? (Refer
Clause 10)
** If NO, a letter is required from your insurer stating that hire equipment is covered by your policy. If neither Yes or No is indicated then
(INSURANCE) WAIVER will apply.
Credit limit applied for:
Do you require order numbers?
Written purchase order required?
*** You will supply a written purchase order number at all times.
(Please tick appropriate box)
I/we certify that I/we are authorised by the applicant to make this application and that I/we are empowered to bind the applicant to the terms and conditions of trading with
HIREPOOL LIMITED a current copy of which is printed overleaf. I/We also permit HIREPOOL LIMITED to obtain credit information, as it feels necessary in relation to this
“I/we further authorise you to furnish to any third party details of this application and any subsequent dealings that I/We may have with you as result of this application being
actioned by you”
Printed Name(s):
Position Held:
*If Partnership – all partners must sign. If Company, all directors must sign. If Trust, all Trustees must sign.
Delivery and removal of equipment
The Hirer authorises the Owner to bring its vehicle onto his property to deliver and to recover the equipment at the end of hire. The Owner shall not be responsible to the Hirer nor
third parties for any damage that may be done to driveways or underground services by any reason of the weight of the vehicle. Requests for collection must be made by telephone
when the Hirer has finished with the equipment and not by prior arrangement. Always ask for a pick-up number. All cartage charges are to be paid by the Hirer. Equipment must be
packed up, ready for loading, and assistance rendered to the Owner’s driver if more than one person is required to load it. CLIENT MUST OBTAIN OFF-HIRE NUMBER WHEN
TERMINATING HIRE. Client is still responsible for equipment until picked up from site by Hirepool.
Hire Period
Hiring commences at the time shown on the face of this form which is the time the equipment leaves the Owner’s store. The hi ring shall terminate at the time stated by the Hirer on
the face of this form. By that time the equipment is to be delivered back into the Owner’s store either by the Hirer or following collection by the Owner’s vehicle at the Hirer’s request.
(a) Owners right to Hire
The Owner may terminate the hire at any time without reason by giving the Hirer 48 hours written notice. Such notice may be given either by personal delivery or by post to either the
job address or any other address of the Hirer specified on the face of this agreement. In the case of notices posted to the Hirer the period of notice shall commence to run from the
time at which the notice would have been delivered in the ordinary course of the post. The Owner shall not be responsible to the Hirer for any loss arising as a result of such
Not withstanding termination of the hiring the Hirer shall be obliged to pay the Owner a sum equivalent to hire fees at the rate specified herein in respect of any period from the date of
termination of the hiring until the equipment is actually returned to the Owner’s store.
Hiring Charges
In the absence of any special arrangements to the contrary equipment is hired on a daily rate, Saturday, Sunday and holidays included.
Minimum rates apply when (i) the term of the hire is not greater than 4 hours during our normal business hours or (ii) the term of the hire is overnight between the hours of 4pm to 8a m
Monday to Saturday – shift work excluded.
A day is 8 hours, a half-day is 4 hours (or overnight between 4pm and 8am) and one week is 7 days.
The hire period is based on the time the equipment is uplifted until the time the equipment is returned or advised for pickup, not the time for which the equipment is used.
Unless the Hirer operates a credit account with the Owner a bond is required before hiring commences which will exceed the estimated total charges and an
appropriate refund will be made to the Hirer on return of the equipment in good order and condition. Should total charges exceed the amount of the bond the
balance is payable by the Hirer promptly on return.
The Hirer by accepting the goods or services agrees to the terms and conditions as laid down by the Owner and agrees to pay any costs of collection and all legal
fees incurred by the Owner in the event of legal action becoming necessary.
Where the Hirer operates a credit account with the Owner payment is due on the twentieth day of the month after the date of invoice. Where payment is not made
by the due date, the Owner reserves the right to charge default interest at the rate of 2% above the Owner’s overdraft rate as it may apply.
If the Hirer does not require the Owner to waive the Hirer’s responsibility for loss or damage to equipment under Condition 10 then the Hirer must make alternative
arrangements in writing with the Owner through the Owner’s credit department.
No claim for credit will be recognised after one month of the date of invoice.
Care of Equipment and Breakdowns
In the event of the equipment being damaged, the Hirer shall pay to the Owner a sum equivalent to the cost of making good said damage. In the event of the
equipment being lost on hire to the Hirer then the Hirer shall pay to the Owner a sum equivalent to the cost of replacing the equipment as lost. This obligation
subject to Condition 10 as applicable.
The Hirer warrants that he is competent and qualified to use the equipment in the way or which it is designed.
Breakdown resulting from misuse shall not in any circumstances shorten the period of hire.
It is the Hirers responsibility to satisfy himself that the equipment is suitable for the work intended and that it is used in a way that complies with all statutory
The equipment does not purport to be new stock or equal to new, but when sent out all items are understood to be in good condition and fit for normal use.
The Owner is not liable for any loss suffered by the Hirer or liability incurred by the Hirer as a result of the breakdown of the equipment howsoever caused. Not
withstanding the foregoing any liability attaching to the Owner under this agreement shall be limited to the amount of hireage charges due under this agreement.
In the event of breakdown the Hirer must immediately notify the Owner by telephone.
Injury or Damage to Hirer or Third persons or Property
The Hirer shall not have any claim against the Owner for loss or damage suffered by the Hirer as a result of the Hirer’s use of the equipment and further the Hirer will
indemnify the Owner against any claim by a third person in respect of any loss, injury or liability arising from this hiring or arising out of the use of the equipment hired
by the Hirer.
No assignment of hire agreement
This agreement is personal to the Hirer and is not capable of assignment by him, and the Hirer shall not sublet the equipment to any other person, but this shall not
prevent employees of the Hirer using the equipment by the Hirer.
No warranties by owner
The Owner makes no warranty or representations as to the state, quality or fitness of the equipment for any purpose and no such warranty shall be implied by the
description of the equipment on the face of this form. All implied warranties and conditions as to the state, quality or fitness of the equipment for any purpose are hereby
10.1 The Hirer hires the equipment at the Hirer’s own risk and indemnifies the Owner against any and all loss in respect of any loss of or damage to the equipment including any consequential loss unless the Hirer pays for the damage
waiver, subject to this clause 9.
10.2. The Hirer shall pay for the damage waiver unless written confirmation of suitable insurance cover that Is satisfactory in every respect to the Owner in its sole discretion is provided by the Hirer and approved in writing by the Owner
prior to the Hirer taking possession of the equipment. If the Owner is not satisfied with the Hirer’s compliance with this clause, the Owner may decline to hire the equipment. The Hirer is not entering into a contract of insurance with the
Owner by paying for the damage waiver.
10.3. Subject to payment by the Hirer of the excess (clause 9.7) and except for the exclusions set out in clauses 10.4 to 10.5 and subsections thereof, if the Hirer has paid for the damage waiver, the Hirer shall not be liable to the Owner for
any loss of or damage to the hired equipment or any consequential loss or damage incurred by the Owner and/or any third parties during the term of hire PROVIDED THAT the Hirer:
10.3.1. has at all times acted reasonably and with reasonable care;
10.3.2. has delivered to the Owner (within 24 hours of the time when the Hirer first becomes aware of the loss of or damage to the equipment) a complete correct written report of the circumstances of such loss of or damage to the
equipment, including, in the case of any loss appearing to result from any criminal act, an applicable police complaint acknowledgement form; and
10.3.3. Rendered such assistance and done such other things as the Owner shall have reasonably required for the purposes of enabling the Owner to recover such loss or damage, including from any potentially responsible third party.
10.4. The damage waiver does not cover:
10.4.1. Theft of or criminal damage to equipment unless reasonably locked and secured;
10.4.2. Damage or loss due to misuse, abuse or overloading of the equipment or failure to take reasonable care of it, including any overloading of any motors or other electrical appliances or devices;
10.4.3. Damage caused to tyres and tubes by blowout, bruises, cuts, kerbing or other caused arising from the use of the equipment;
10.4.4. Loss or damage resulting from lack of lubrication or other normal servicing of the equipment;
10.4.5. Loss or damage of tools, digger buckets, accessories, grease guns, hoses and similar, electrical cords, welding cable, oxygen and/or acetylene bottles, pneumatic tools, steels and other similar accessories;
10.4.6. Loss or damage to plant where such loss or damage is due to any incident or accident involving (in any way)water;
10.4.7. Loss or damage to any equipment or items on which the damage waiver is not charged;
10.4.8. Loss or damage of the equipment arising from a breach by the Hirer of the conditions of the Contract; or
10.4.9. Loss or damage from the use of the equipment in violation of any statute, regulation or by-law.
10.5. In addition to the above, special conditions or exclusions may apply depending on the nature or location of the Hirer’s use of the equipment and these will be notified to the Hirer prior to the equipment leaving the Owner’s premises.
Any breach of those special conditions will constitute a breach of the Contract.
10.6. The parties agree that section 11 of the Insurance Law Reform Act 1977 will apply with respect to the exclusions in clauses 10.4 to 10.5 as if this clause 10 constituted a contract of insurance (notwithstanding that this clause 10 is not
a contract of insurance).
10.7. Excess: Notwithstanding payment of the cost for the damage waiver, in the event of any loss, theft or damage to the equipment which is covered by the damage waiver, the Hirer must pay an excess charge. The excess will be an
amount equal to 50% of the full replacement cost for the equipment, subject to a maximum of $5,000 plus GST for any one item of equipment, or as otherwise detailed in the Contract
The person signing this document for and on behalf of the Hirer (if not personally the Hirer) warrants that he has the authority of the Hirer to make this contract on the
Hirer’s behalf and that he is empowered by the Hirer to bind the Hirer to this agreement. The person so signing hereby indemnifies the Owner against all losses and
costs that may be incurred by the Owner arising out of the person so signing the agreement failing to have such power of authority.
The Hirer shall forthwith on request by the Owner advise the Owner of the whereabouts of the equipment and allow the Owner or its agent or servants reasonable time to
inspect and test the equipment and for such purposes the Hirer hereby gives irrevocable leave and licence to the Owner its servants and agents to take possession of the
equipment remove the same and to enter upon any premises where the equipment or any of the same or any part thereof may be.
In the case of a person entering into this contract in a private capacity as Hirer, the Hirer by entering into this contract hereby authorises the disclosure of personal
information regarding this creditworthiness by any other party to the Owner and that this personal information may be used by the Owner to advise the Hirer of the
Owner’s other goods and services. The Hirer has rights of access to and correction of personal information contained in this contract subject to the provisions of the
Privacy Act 1993.
I/We have read, understood and agree to the above Terms and Conditions relating to
Hirepool Limited
I/We have read, understood and agree to the above Terms and Conditions relating to
Hirepool Vehicle Divisions