Scouts Victoria Q Store will:

2.1 Allow the Customer to take and use the Equipment for the Hire Period;
2.2 Provide the Equipment to the Customer clean and in good working order;
2.3 Collect the Equipment within five days of being requested to do so by the Customer if previously agreed and documented in the Hire Schedule

Note to customer: You must return the Equipment at your expense when due back unless previously agreed

The Customer must

3.1 Deliver the Equipment to Scouts Victoria Q Store when it is due back

3.2 Return the Equipment to Scouts Victoria Q Store  in good repair

3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes

3.4 Notify Scouts Victoria Q Store when the Equipment is available for collection

3.5 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 Scouts Victoria Q Store or posted on the Equipment;

Note to customer: You MUST advise Scouts Victoria Q Store if you require any further instruction on the operation and safe use of the Equipment.

3.6 Indemnify Scouts Victoria Q Store 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

3.7 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised;

3.8 Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency

3.9 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

3.10 Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, or accept responsibility for items loaded and/or secured by Scouts Victoria Q Store and indemnify Scouts Victoria Q Store 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

3.11 Operate the Equipment with an adequate motor vehicle and/or power source safely in accordance with the manufacturers operating instructions and applicable law

3.12 Report and provide full details to Scouts Victoria Q Store of any accident or damage to the Equipment as soon as practicably possible and not more than two business days of the accident or damage occurring

3.13 Sign any documentation requested by Scouts Victoria Q Store at such intervals as reasonably stipulated by Scouts Victoria Q Store, to confirm the Customer’s acceptance of these Hire Contract Conditions

3.14 Assist and co-operate fully and promptly with Scouts Victoria Q Store 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

3.15 Remain responsible for the care and safekeeping of the Equipment until collected by or delivered back to Scouts Victoria Q Store .

The Customer must NOT:
3.16 Tamper with, damage or repair the Equipment;

3.17 Lose or part with possession of the Equipment;

3.18 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;

3.19 Allow any person to drive a Motor Vehicle if the person:

(a) does not hold a suitable licence to drive that class of Motor Vehicle; or

(b) is affected by drugs and/or alcohol.

3.20 Exceed the recommended or legal load and capacity limits of the Equipment;

3.21 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment

3.22 Exceed the recommended or legal speed limit for the Equipment.

4.1 On or before Commencement (or as otherwise specifically agreed with Scouts Victoria Q Store), the Customer will pay the Hire Charge

4.2 Immediately on request by Scouts Victoria Q Store , the Customer will pay:

(a) the new list price of any Equipment which is for whatever reason not returned to Scouts Victoria Q Store

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 Excessive Cleaning of the Equipment or the cleaning fee as stipulated on the Hire Schedule;

(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) 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 Scouts Victoria Q Store in recovering possession of the Equipment;

(f) Interest for late payment of amounts owing by the customer

(g) the Kilometre Charge

(h) the cost of fuels and consumables provided by Scouts Victoria Q Store and not returned by the Customer;

(i) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by Scouts Victoria Q Store 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;

(l) Loading costs when equipment hired with an hour meter is used in excess of 8 hours per day;

(m) Hire fees for the period from the commencement of the hire until the Equipment is returned and

(n) All non-recoverable costs incurred by Scouts Victoria Q Store in the provision of Equipment and/or services due to cancellation or postponement by the Customer.

4.3 Without limiting the ability of Scouts Victoria Q Store to recover all amounts owing to it, the Customer authorises Scouts Victoria Q Store to charge any amounts owing by the Customer to any credit card or bank account details of which are provided to Scouts Victoria Q Store .

4.4 Scouts Victoria Q Store  may tokenise the Customer’s credit card or bank account details to facilitate credit card or online payments.

5.1 Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.

5.2 Where the Australian Consumer Law applies and the Equipment is not of a kind ordinarily acquired for personal domestic or household use or consumption, Scouts Victoria Q Store liability in respect of any guarantee is limited to the replacement or re- pair of the Equipment, or the cost of having the Equipment repaired or replaced.

5.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. Scouts Victoria Q Store makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.

Where the Equipment is at any time hired by the Customer to be located in a Remote Area, the following clauses will also apply, in addition to the obligation of the Customer under Clause 3 and elsewhere in these Hire Contract Conditions;
(a) The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by Scouts Victoria Q Store (‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometre rate travelled by Scouts Victoria Q Store team to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by Scouts Victoria Q Store and its staff in connection with travel to and from the Remote Area

(b) Multiple items of Equipment on hire by a Customer on the one site will only be charged for one call out fee;

1. c) The Customer is responsible at its cost for daily maintenance and care of all items of Equipment on hire by a Customer, and including lubrication of all grease points.

(d) The customer can only service and repair Equipment with the express permission of Scouts Victoria Q Store and records of all maintenance activities performed by the Customer must be provided to Scouts Victoria Q Store.

If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:

7.1 Scouts Victoria Q Store shall be entitled to:

(a) terminate this Contract; and/or

(b) sue for recovery of all monies owing by the Customer; and/o

1. c) repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.

7.2 The Customer indemnifies Scouts Victoria Q Store in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.

8.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Scouts Victoria Q Store in writing within 30 days of the hire contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.

8.2 If a dispute arises relating to this contract, the hiring or the use of the Equipment (except in regard to payments due to Scouts Victoria Q Store), the parties agree to negotiate to settle the dispute before litigation.

Scouts Victoria Q Store Equipment may contain on-board devices (each a GPS Device) which enable the Equipment to be connected to the internet and to send commands to and receive certain information from the Equipment, including geolocation data from a global positioning system and other data including but not limited to speed, battery voltage and ignition status of such Equipment. By hiring any Equipment from Scouts Victoria Q Store, the Customer expressly consents to Scouts Victoria Q Store use of the GPS Device on such Equipment during the Hire Period and to Scouts Victoria Q Store collecting, using and retaining information from the GPS Device, and that Scouts Victoria Q Store is the owner of that data.

Scouts Victoria Q Store may in its discretion, and subject to satisfactory identification of the Customer and its authorised representatives, allow self-collection and self-return of the Equipment by the Customer from and to the Scouts Victoria Q Store. The Customer must comply with all requirements stipulated from time to time by Scouts Victoria Q Store  for entry to the Scouts Victoria Q Store

(a) follow all directions given by Scouts Victoria Q Store as to the procedure for obtaining access

(b) Enter the Branch at its own risk, and any injuries or death or damage to equipment or property that may occur while loading or unloading Equipment or in any other circumstances while the Customer is accessing the branch are the responsibility of the Customer;

(c) ensure that the main doors and gate of Scouts Victoria Q Store are closed and locked when leaving , failing which the Customer will be liable for any theft or attempted theft of Equipment, or for any damage to Equipment at the Scouts Victoria Q Store, or damage to the Q Store itself;

(d) consent to being filmed or photographed by CCTV while at and entering and leaving the Scouts Victoria Q Store;

(e) Before it enters the Scouts Victoria Q Store, ensure that it has requested and obtained from Scouts Victoria Q Store  any assistance it may require as to the operation and safe use of the Equipment;

(f only take into their possession, Equipment detailed on an active Hire Schedule provided to the Customer by Scouts Victoria Q Store .