Terms & Conditions

2.1 The Hirer seeks to hire from Scenic All Hire the Plant and Equipment in accordance with the Schedule and Scenic All Hire accepts such engagement and agrees to hire the Plant and Equipment to the Hirer subject to these Terms read together with the Schedule.

2.2 The Hirer warrants that the information provided in the Schedule is accurate, correct and complete and is supplied for the purposes of Scenic All Hire hiring the Plant and Equipment to the Hirer.

2.3 These Terms shall be deemed to have commenced on the Commencement Date and shall continue in effect until the earlier of: (a) the Completion Date; or (b) these Terms are terminated in accordance with clause 11.

2.4 By entering into a Schedule, the Hirer also agrees to be bound by: (a) these Terms; (b) the Rates Schedule; and (c) any privacy policy of Scenic All Hire, available on the website operated by Scenic All Hire.

2.5 Where more than one Hirer has entered into this agreement, the Hirers shall be jointly and severally liable for all obligations and fees payable in accordance with these Terms and the Schedule.

2.6 These terms and conditions may only be amended with Scenic All Hire's consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Hirer and Scenic All Hire.

2.7 The Hirer shall give Scenic All Hire not less than fourteen (14) days prior written notice of any proposed change of ownership of the Hirer or any change in the Hirer's name and/or any other change in the Hirer's details. The Hirer shall be liable for any loss incurred by Scenic All Hire as a result of the Hirer's failure to comply with this clause.

2.8 Any Quote given by Scenic All Hire to the Hirer, prior to the provision of a Schedule: (a) is only valid for 14 days; and (b) is at all times subject to a Schedule and these Terms being entered into.

3.1 The hire of the Plant and Equipment will commence from the Commencement Date and continue for the Hire Period.

3.2 The Hirer is entitled to use the Plant and Equipment for the Hire Period subject to these Terms. Any extension of the Hire Period must be expressly agreed to by Scenic All Hire before the expiration of the Hire Period.

3.3 The Hirer agrees to return the Plant and Equipment: (a) to the address identified by Scenic All Hire on or before the end of the Hire Period as outlined in the Schedule; or (b) where noted in the Schedule that Delivery is Required, Scenic All Hire will arrange to pick-up the Plant and Equipment from the Job Site at the noted time in the Schedule.

3.4 The Hirer acknowledges that failure to return the Plant and Equipment by the Completion Date may be considered as stolen and can be criminal theft and may be immediately reported to the police.

3.5 The Plant and Equipment must be returned to Scenic All Hire in the same condition as when it was hired, except for fair wear and tear.

5.1 The Hirer agrees to pay the Hire Fee and the Damage Waiver Fee (if taken) specified in the Schedule for the use of the Plant and Equipment for the Hire Period including any applicable GST, stamp duties, fuel, tolls, fines, penalties, levies or freight and other charges relevant to this agreement and the hire ("Total Fees").

5.2 The Total Fees must be paid to Scenic All Hire: (a) prior to or on the Commencement Date; (b) when otherwise due and payable periodically under the Schedule; (c) as agreed with Scenic All Hire; or (d) within a reasonable time after the Hire Period when such fees and charges are known by Scenic All Hire.

5.3 The Hirer will be in default where the Hirer does not pay on any terms agreed with the Hirer and recorded in writing. Plant and Equipment not returned on time will be subject to a continuance of the agreed Hire Fee in accordance with the Rates Schedule until returned or picked-up.

5.4 Where noted in the Schedule, Scenic All Hire may agree to deliver the Plant and Equipment to the Job Site for the fee noted in the Schedule. Scenic All Hire will use its best endeavours to deliver at the requested time but will not be liable to the Hirer for a late delivery, non-delivery or any associated loss or damage.

5.5 The cancellation fee noted in the Rates Schedule may be charged by Scenic All Hire where the Plant and Equipment has been reserved by booking and the Hirer cancels without reasonable notice or fails to take delivery on the Commencement Date.

5.6 Scenic All Hire may charge the Hirer a reasonable fee for accepting payment by credit card up to the applicable permissible charge under Legislation.

5.7 Unless otherwise stated, hire charges payable by the Hirer will be as stated in the Rates Schedule. Scenic All Hire reserves the right to revise the Rates Schedule by providing the Hirer with notice. However, the Hire Fee cannot be increased during an agreed Hire Period unless the Hirer agrees to the increase.

7.1 The Hirer agrees that the use of the Plant and Equipment carries with it inherent dangers and risks of injury and the Hirer agrees to accept all those dangers and risks.

7.2 The Plant and Equipment must not be used by anyone other than the Hirer without the express permission of Scenic All Hire.

7.3 The Hirer will ensure that all persons operating or erecting the Plant and Equipment are instructed in its safe and proper use and where required hold valid proof of training or are fully licensed to use it.

7.4 The Hirer agrees to operate, maintain, store and transport the Plant and Equipment in a proper manner and where required strictly in accordance with any instruction provided by Scenic All Hire and with due care and diligence.

7.5 The Hirer agrees that the Plant and Equipment will only be used for its intended purpose and in accordance with any manufacturer's instructions and recommendations.

7.6 The Hirer agrees to comply with all workplace health and safety laws and regulations relating to the use of the Plant and Equipment and associated operations.

7.7 The Hirer must ensure the Plant and Equipment is returned clean of all foreign matter or agrees to the cleaning fee in the Rates Schedule. If additional cleaning costs are incurred as a result of a breach of these Terms, such additional cost must be paid by the Hirer at the cost incurred by Scenic All Hire plus 10%.

7.8 The reasonable costs of fuel or other consumables provided by Scenic All Hire and used by the Hirer are to be paid to Scenic All Hire when required.

9.1 Subject to clause 10, the Hirer will be responsible for any loss or damage to the Plant and Equipment except for fair wear and tear, during the Hire Period. The Hirer is liable for the payment of the full replacement value of any Plant and Equipment not returned to Scenic All Hire.

9.2 If there is a breakdown or failure of the Plant and Equipment the Hirer shall notify Scenic All Hire immediately for the appropriate action to be taken.

9.3 If the Hirer is required to pay an Excess Amount in accordance with these Terms, the Hirer authorises Scenic All Hire to debit the payment method of the Hirer with the Excess Amount at the time of loss of, or damage to, the Plant and Equipment.

10.1 To the full extent permitted by law the Hirer releases, discharges and indemnifies Scenic All Hire from all claims and demands arising out of the use or misuse of the Plant and Equipment under hire except to the extent arising from the negligence or wilful default of Scenic All Hire.

10.2 In respect of the hire of Plant and Equipment: (a) the Hirer will assume to the exclusion of Scenic All Hire all risks and liabilities for, and in respect of, the Plant and Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer's possession, use, maintenance, repair, storage or transportation of the Plant and Equipment; and (b) the Hirer is liable for damage to third party property which is caused or contributed to by the Hirer in the operation of the Plant and Equipment.

11.1 Without prejudice to any other remedies Scenic All Hire may have, this agreement and any hire may be terminated by Scenic All Hire: (a) upon giving the Hirer two days written notice of termination at any time during the Hire Period, for convenience and without reasons; or (b) without prior notice if the Hirer suffers an Insolvency Event or otherwise ceases to carry on business.

11.2 Scenic All Hire may terminate this agreement at any time if the Hirer breaches the agreement and the breach cannot be, or is not, rectified within 7 days after Scenic All Hire sends written notice specifying the breach and requesting rectification. Scenic All Hire may also terminate if the Hirer commits a material breach.

11.3 Scenic All Hire may seek compensation from the Hirer for a breach of this agreement including for loss of revenue whilst the Plant and Equipment is not able to be hired to others and/or loss of rental that would have been earned had the damage and/or termination not occurred.

11.4 If these Terms are terminated under this clause 11, the Hirer must immediately pay all outstanding Hire Fees to Scenic All Hire and must return the Plant and Equipment to Scenic All Hire.

12.1 Scenic All Hire may retake possession of the Plant and Equipment if: (a) the hire is terminated or becomes liable to be terminated by Scenic All Hire; or (b) the Hirer does not pay amounts owing to Scenic All Hire as when due.

12.2 In the case of repossession, the Hirer grants Scenic All Hire permission to enter any premises where the Plant and Equipment is situated, including the Job Site, and to disconnect, decommission and/or remove the Plant and Equipment.

12.3 In addition to Scenic All Hire's right to retake possession, Scenic All Hire is entitled, following any breach, to terminate this agreement and/or sue for recovery of any damages or charges or loss suffered, and/or to cancel any insurances effective in respect of the Plant and Equipment hired.

13.1 The Hirer acknowledges that Scenic All Hire retains title to the Plant and Equipment at all times and that the Hirer has rights to use the Plant and Equipment as a mere bailee only. The Hirer agrees that the Hirer has no rights to pledge Scenic All Hire's credit in connection with the Plant and Equipment.

13.2 The Hirer agrees not to sell, assign, sub-let, lend, pledge, mortgage, let or hire or otherwise part with personal possession of the Plant and Equipment and not to conceal or alter the Plant and Equipment or make any addition or alteration to it.

13.3 Risk in the Plant and Equipment hired by the Hirer passes to the Hirer on the Commencement Date and ceases on the Completion Date.

14.1 Any information provided by Scenic All Hire to the Hirer, including the Rates Schedule, does not constitute an offer to enter into a contract but constitutes an invitation to treat only, and is subject to: (a) the availability of the Plant and Equipment; and (b) payment of the Hire Fee and/or the Total Fees, which may change from time to time.

14.2 An offer made by the Hirer via a Schedule to hire the Plant and Equipment which is accepted by Scenic All Hire and the contract made by that acceptance are subject to these Terms.

14.3 An agreement made by the acceptance of a Schedule by Scenic All Hire is not subject to any terms and conditions put forward by the Hirer, including those on any purchase order.

14.4 The Hirer must pay all Taxes in relation to this agreement (other than Scenic All Hire's income tax).

14.5 Scenic All Hire reserves the right to change the Hire Fee in the event of a variation to any Schedule.

14.6 Time for payment of the Total Fees shall be of the essence.

14.7 A certificate signed by a Partner, Director, Secretary, Officer, Financial Controller or Credit Manager of Scenic All Hire or any person duly authorised by Scenic All Hire shall be conclusive evidence of the amount of indebtedness of the Hirer to Scenic All Hire.

15.1 This clause applies to the extent that this agreement provides for a 'security interest' for the purposes of the Personal Property Securities Act 2009 (Cth) ("PPS Law"). Scenic All Hire may register its security interest. The Hirer must do anything (such as obtaining consents and signing documents) which Scenic All Hire requires for the purposes of ensuring that Scenic All Hire's security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law.

15.2 Scenic All Hire may recover from the Hirer the cost of doing anything under this clause, including but not limited to registration fees.

15.3 The rights of Scenic All Hire under these Terms are in addition to and not in substitution for Scenic All Hire's rights under other law (including PPS Law) and Scenic All Hire may choose whether to exercise rights under these Terms, and/or under other law, as it sees fit.

15.4 To the extent that Chapter 4 of the PPS Law applies, and the PPS Law requires Scenic All Hire to give a notice or allow time or provide any account to the Hirer, the Hirer and Scenic All Hire agree that to the extent allowable under the PPS Law that requirement does not apply and is "contracted out" of this agreement.

15.5 The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. Scenic All Hire and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law.

16.1 The Hirer must not create, purport to create or permit to be created any 'security interest' (as defined in PPS Law) in the Plant and Equipment.

16.2 The Hirer must not lease, hire, bail or give possession ('sub-hire') of the Plant and Equipment to anyone else unless Scenic All Hire first consents in writing. Any such sub-hire must be in writing in a form acceptable to Scenic All Hire and must be expressed to be subject to the rights of Scenic All Hire under these Terms.

16.3 The Hirer must ensure that Scenic All Hire is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Plant and Equipment.

16.4 The Hirer must take all steps including registration under PPS Law as may be required to: (a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective; (b) enabling the Hirer to gain first priority for the security interest; and (c) enabling Scenic All Hire and the Hirer to exercise their respective rights in connection with the security interest.

16.5 Scenic All Hire may recover from the Hirer the cost of doing anything under this clause, including registration fees.

17.1 Under applicable State, Territory and Commonwealth Law (including, without limitation to the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions ("Non-Excluded Guarantees").

17.2 The Hirer acknowledges that nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.

17.3 Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, Scenic All Hire makes no warranties or other representations under these Terms including but not limited to the quality or suitability of the Plant and Equipment. Scenic All Hire's liability in respect of these warranties is limited to the fullest extent permitted by law.

17.4 If the Hirer is a consumer within the meaning of the CCA, Scenic All Hire's liability is limited to the extent permitted by section 64A of Schedule 2 CCA.

17.5 If Scenic All Hire is required to replace the Plant and Equipment under this clause or the CCA, but is unable to do so, Scenic All Hire may refund any money the Hirer has paid for the hire of the Plant and Equipment.

17.6 If the Hirer is not a consumer within the meaning of the CCA, Scenic All Hire's liability for any defect or damage in the Plant and Equipment is: (a) limited to the value of any express warranty or warranty card provided to the Hirer by Scenic All Hire at Scenic All Hire's sole discretion; (b) limited to any warranty to which Scenic All Hire is entitled, if Scenic All Hire did not manufacture the Plant and Equipment; (c) otherwise negated absolutely.

17.7 Notwithstanding this clause or clauses 9 and 10 but subject to the CCA, Scenic All Hire shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of the Hirer not complying with these Terms.

17.8 Notwithstanding anything contained in this clause, if Scenic All Hire is required by a law to accept return then Scenic All Hire will only accept return on the conditions imposed by that law.

17.9 Subject to Scenic All Hire's obligations under the Non-Excluded Guarantees, Scenic All Hire is not liable to the Hirer or any third party for any indirect loss or consequential loss arising in connection with these Terms, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, breach of warranty or guarantee or otherwise.

18.1 The Hirer agrees for Scenic All Hire to obtain from or disclose to a credit reporting agency or third party a credit report containing personal information about the Hirer in relation to these Terms or a Schedule.

18.2 The Hirer agrees that Scenic All Hire may exchange information about the Hirer with those credit providers named in a consumer credit report issued by a credit reporting agency for the following purposes: to notify other credit providers of a default by the Hirer; and/or to exchange information with other credit providers as to the status of this credit account; and/or to assess the creditworthiness of the Hirer.

18.3 The Hirer consents to Scenic All Hire being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

18.4 The Hirer agrees that personal credit information provided may be used and retained by Scenic All Hire for the following purposes: the hire of the Plant and Equipment; and/or the marketing of the Plant and Equipment by Scenic All Hire, its agents or distributors; and/or analysing, verifying and/or checking the Hirer's credit, payment and/or status in relation to the provision of hiring the Plant and Equipment; and/or processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Hirer.

18.5 Scenic All Hire may give information about the Hirer to a credit reporting agency including: personal particulars; advice that Scenic All Hire is a current credit provider to the Hirer; advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days; information that the Hirer has committed a serious credit infringement; advice that cheques drawn by the Hirer for one hundred dollars ($100) or more have been dishonoured; and that credit provided to the Hirer has been paid or otherwise discharged.

19.1 Where the Hirer is the owner of land, realty or any other asset capable of being charged, the Hirer mortgages and/or charges all of their joint and/or several interest in the land, realty or any other asset to Scenic All Hire or Scenic All Hire's nominee to secure all amounts and other monetary obligations payable under these Terms. The Hirer acknowledges and agrees that Scenic All Hire shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations of the Hirer have been met.

19.2 Should Scenic All Hire elect to proceed in any manner in accordance with this clause, the Hirer shall indemnify Scenic All Hire from and against all Scenic All Hire's costs and disbursements including legal costs on a solicitor and own client basis.

19.3 The Hirer irrevocably nominates, constitutes and appoints Scenic All Hire, any one of its partners, directors, trustees, managers or other nominee as the Hirer's true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

19.4 The Hirer authorises Scenic All Hire to act on the power of attorney despite any actual implied or perceived conflict of interest.

20.1 Each party agrees that any confidential information disclosed to the other party will be kept confidential.

20.2 Scenic All Hire does not, and nothing in these Terms, grants or transfers any right, title or interest in any intellectual property of Scenic All Hire to the Hirer.

20.3 Scenic All Hire will comply with the applicable privacy legislation in all dealings with the Hirer.

22.1–22.3 GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Terms defined in the GST Law have the same meaning in clauses concerning GST.

22.4 Unless otherwise indicated, all amounts stated in this agreement are exclusive of GST.

22.5 If GST is payable on a taxable supply made by a party under this Agreement (the Supplier) to another party (the Recipient), the Supplier may recover from the Recipient the amount of that GST in addition to any consideration otherwise provided for.

22.6 The Recipient must make the payment of the GST amount at the same time and in the same manner as it provides the value for the relevant supply, subject to receiving a valid tax invoice before the due date for payment.

22.7 The Supplier must issue an adjustment note to the Recipient as soon as it becomes aware of an adjustment event relating to the supply and must refund any overpayment of GST.

23.1 If any provision of these Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

23.2 These Terms and any Schedule to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.

23.3 The Hirer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Hirer by Scenic All Hire.

23.4 Scenic All Hire may license or sub-contract all or any part of its rights and obligations without the Hirer's consent.

23.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

23.6 The failure by Scenic All Hire to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect Scenic All Hire's right to subsequently enforce that provision.

23.7 The Hirer warrants that it has the power to enter into the Schedule and these Terms and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that the Schedule and these Terms create binding and valid legal obligations on it.

23.8 The Hirer acknowledges and agrees in the event of the Hirer being a trust: (a) all assets of the trust and the trustee(s) shall be held personally liable for any sum due to Scenic All Hire; (b) the trustee(s) have a right to be fully indemnified for their obligations out of the trust property; (c) Scenic All Hire's rights have priority over the interest of the beneficiaries of the trust; and (d) the trustee(s) will exercise or hold for Scenic All Hire the trustee(s) right of indemnity from the trust fund when Scenic All Hire asks.

23.9 Scenic All Hire may at any time assign its rights under these Terms without the consent of the Hirer.

23.10 The Hirer must not assign its rights or obligations under these Terms without the prior written consent of Scenic All Hire, such consent may be approved or refused with or without reasons in the discretion of Scenic All Hire.

23.11 The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.