Terms of Hire

The customer must check the Terms of Hire before collection of the Equipment and unless the customer disagrees with anything in the Hire Terms, the terms of the Hire are deemed accepted by the Customer.

OBLIGATIONS OF THE CUSTOMER

Provide Bank card details at the start of the hire if requested by Rapid Hire
Return the Equipment to Rapid Hire clean, and on time
Advise Rapid Hire in advance for extensions of the period of hire. Extensions cannot be guaranteed.
Ensure to refuel the equipment with the CORRECT TYPE OF FUEL
Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Rapid Hire or posted on the Equipment.

NOTE TO CUSTOMER: You MUST advise Rapid Hire if you require any further instruction on the operation and safe use of the Equipment.

Take adequate and reasonable precautions to protect the equipment against theft or burglary and all other usual risks. As a minimum, the Client must keep the equipment in a safe secure locked private compound when not in use.
Be responsible for loss of or damage to the Equipment from the time of commencement of hire or delivery, whichever is earlier, until the equipment is returned to RAPID HIRE premises or collected by RAPID HIRE
Be responsible for any disappearance of the Equipment (without evidence or report to police of theft from site, yard etc.), loss or damage to the equipment and repair costs for additional damage and damage caused by accident, abuse.
Indemnify Rapid Hire for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment
Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;
Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, and indemnify Rapid Hire in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer;
Report and provide full details to Rapid Hire of any accident or damage to the Equipment within two business days of the accident or damage occurring;
Assist and co-operate fully and promptly with Rapid Hire and/or its insurer in the investigation, settlement or defence of any claim or matter relating to a Hire Schedule on which the Customer is named;
Remain responsible for the care and safekeeping of the Equipment until collected by or delivered back to Rapid Hire.

PAYMENTS BY THE CUSTOMER TO RAPID HIRE

On or before Commencement (or as otherwise specifically agreed with Rapid Hire), the Customer will pay the Hire Charge and provide a banking card details.
Immediately on request by Rapid Hire, the Customer will pay:
(a) the new list price of any Equipment which is for whatever reason not returned to Rapid Hire
NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment.
(b) all costs incurred in cleaning the Equipment;
(c) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;
(d) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer’s use of the Equipment;
(e) all costs incurred by Rapid Hire in delivering and recovering possession of the Equipment;
(f) Interest for late payment of amounts owing by the customer, at the pre-judgement interest rate set by the Local Court of WA from time to time;
(g) the Kilometre Charge in excess of 100km per day and any additional Hire Charges;
(h) the cost of fuels and consumables provided by Rapid Hire and not returned by the Customer;
(i) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by Rapid Hire in enforcing this Contract due to the Customers default;
(j) all costs of repairing or replacing tyres, including road service;
(k) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract; and
(m) Hire fees for the period from the commencement of the hire until the Equipment is returned
Without limiting the ability of Rapid Hire to recover all amounts owing to it, the Customer authorises Rapid Hire to charge any amounts owing by the Customer to any credit card or account details of which are provided to Rapid Hire.
Rapid Hire may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments
All equipment is provided with a full fuel tank at the time of delivery, any fuel required on return of equipment will be charged to the Client at cost of three dollars ($3.00) per litre + GST.
The Client acknowledges that they are liable for any loss or damage to the equipment including tyres from the time of delivery until it is returned to or picked up by RAPID HIRE. The Client shall immediately advise RAPID HIRE in writing of any such loss or damage

DAMAGE WAIVER

Subject to the provisions, Damage Waiver applies to each incident occurring in all hires, for no additional fee. The Damage Waiver Excess is the actual repair cost of the Equipment as reasonably determined by Rapid Hire using supplier’s list prices, or 20% of the current replacement cost of the equipment whichever is less .

DAMAGE WAIVER EXCLUSIONS

Damage waiver does not apply and will not limit the customer’s liability in the following circumstances;

(a) where the Equipment is lost or stolen;
(b) where the operator is not suitably licensed;
(c) where the operator is affected by drugs and/or alcohol;
(d) where the equipment has been willfully damaged at any time during the Hire Period;
(e) Where the damage is caused by rolling or detachment while the Equipment is being driven or towed;
(f) where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road;
(g) where the damage is caused in any way by overloading; (h) where the damage is caused by flash flooding or general water damage
(h) Theft by the hirer or failure of the hirer to return the Insured Property to Rapid Hire

Damage waiver does not apply and will not limit the customer’s liability for theft in the following circumstances;

(a) where the Customer has failed to keep the Equipment in a securely locked enclosed area, or in the case of a Motor Vehicle, has failed to properly secure or lock the Motor Vehicle; or
(b) where the Customer has failed to submit to Rapid hire a Police Report on the theft within seven days of the theft allegedly occurring. In the event of Theft applying, hire fees will be charged to the Customer until the Police Report is provided to Rapid Hire.

Damage Waiver will NOT apply where Rapid Hire determines that any applicable exclusion mentioned in this Section 4, unless the Customer is able to establish otherwise to the reasonable satisfaction of Rapid Hire.
Equipment Waiver Plus and Vehicle Waiver Plus, including Theft Waiver, will NOT apply where Rapid Hire determines that any applicable exclusion applies.
A Damage Waiver Excess must be paid by the Customer for each and every separate incident which may occur in any Hire Period, where any Damage Waiver is applicable under this section 4.
A Theft Waiver Excess must be paid by the Customer for each and every separate incident which may occur in any Hire Period, where any Theft Waiver is applicable under this section 4.
If any damage is caused by the Customer to any property or goods whatsoever owned by a third party as a result of or during the use of a Rapid Hire Equipment, the Customer will be liable for the full cost of that third party property damage to the extent caused by the Customer.

DAMAGES

The Client will accept all responsibility for all damage to property and injury caused during the period of hire to the Client, his employees or agents and shall indemnify and hold RAPID HIRE harmless in respect thereof.
The Client shall indemnify RAPID HIRE and its employees and agents from and against all claims which may be made against any of them for damages or otherwise, in respect of any loss, damage, death or injury caused by, or in the course of, or arising out of the use of the Equipment whilst the Equipment is on hire to, or in the custody of the Client, his agent, or employees, or any other person acting on behalf of the Client
The Client shall not be entitled to damages or compensation from RAPID HIRE for any loss suffered by reason of late delivery or breakdown of the Equipment or if RAPID HIRE should determine the cancel the hiring for any reason.
To the maximum extent permitted by legislation no warranty is provided by RAPID HIRE in respect of the condition of the Equipment or its fitness for any particular purpose. The Client shall indemnify and hold harmless RAPID HIRE in respect of all claims arising out of use of the Equipment.