Hire Contract Conditions

COMMENCEMENT – The date and time when the Customer takes possession of the Equipment.

EQUIPMENT – Means any kind of Equipment, vehicles, or tools including but not limited to goods suitable for the following uses: cleaning; cooling and/or heating; entertainment; waste management; landscaping and gardening; plumbing; fencing and covering; lifting; access; air and air compression; pumping and fluid management; welding; compaction; concrete and masonry; flooring; earthmoving; floor care and cleaning; generation and power distribution; ground equipment and shoring; ladders and scaffolding; propping; lighting; materials handling; offshore pumps; safety equipment; storage; site accommodation including portable buildings and portable toilets; traffic management including road barriers; signage; vehicles including trucks, vans, and trailers, and includes tools, parts, and accessories for any of the foregoing.

CUSTOMER – Refers to the person, firm, organization, partnership, corporation, or other entity (including a trust) hiring the Equipment from Maximus 4x4 as identified in the Credit Application or Hire Schedule.

HIRE CHARGE – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.

HIRE PERIOD – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods, and in each case, this can only be done if the Customer requests it and if Maximus 4x4 agrees. Maximus 4x4 may issue an amended Hire Schedule for any extension of the Hire Period.

HIRE SCHEDULE – Means a document in such form as Maximus 4x4 shall require, setting out the terms of the hire of Equipment, including the particulars of the Equipment and the Hire Period and such other information as Maximus 4x4 may decide to include.

MAXIMUS 4x4 – The company or companies listed on the Hire Schedule.

KILOMETRE CHARGE – The amount shown in the Hire Schedule payable for the kilometers that a Motor Vehicle has, in the reasonable opinion of Maximus 4x4, traveled during the Hire Period.

MOTOR VEHICLE – A truck or utility but not any other equipment such as a scissor lift, trailer, or skid steer loader.

REMOTE AREA – Any location which is more than 50 kilometers from the Maximus 4x4 Workshop from where the Equipment is hired.

Maximus 4x4 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 and issuing to the Customer a customer pick up number.

NOTE TO CUSTOMER: You must return the Equipment at your expense when due back unless you obtain a customer pick up number from Maximus 4x4.

The Customer must:

3.1 Deliver the Equipment to Maximus 4x4 when it is due back;

3.2 Return the Equipment to Maximus 4x4 clean and in good repair;

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

3.4 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 Maximus 4x4 or posted on the Equipment;

NOTE TO CUSTOMER: You MUST advise Maximus 4x4 if you require any further instruction on the operation and safe use of the Equipment.

3.5 Indemnify Maximus 4x4 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;

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

3.7 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 and/or are fully licensed;

3.8 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;

3.9 Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, and indemnify Maximus 4x4 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;

3.10 Operate the Equipment with an adequate motor vehicle and/or power source;

3.11 Report and provide full details to Maximus 4x4 of any accident or damage to the Equipment within two business days of the accident or damage occurring;

3.12 Sign any documentation requested by Maximus 4x4 at such intervals as reasonably stipulated by Maximus 4x4, to confirm the Customer’s acceptance of these Hire Contract Conditions;

3.13 Assist and cooperate fully and promptly with Maximus 4x4 and/or its insurer in the investigation, settlement, or defense of any claim or matter relating to a Hire Schedule on which the Customer is named;

3.14 Remain responsible for the care and safekeeping of the Equipment until collected by or delivered back to Maximus 4x4.

The Customer must NOT:

3.15 Tamper with, damage, or repair the Equipment;

3.16 Lose or part with possession of the Equipment;

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

3.18 Allow any person to drive a Motor Vehicle if the person:
(a) does not hold a suitable license to drive that class of Motor Vehicle; or
(b) is affected by drugs and/or alcohol.

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

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

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

4.1 On or before Commencement (or as otherwise specifically agreed with Maximus 4x4), the Customer will pay the Hire Charge.

4.2 Immediately on request by Maximus 4x4, the Customer will pay:
(a) the new list price of any Equipment which is for whatever reason not returned to Maximus 4x4.

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 Maximus 4x4 in delivering and recovering possession of the Equipment;

(f) Interest for late payment of amounts owing by the customer, at the pre-judgment interest rate set by the Local Court of NSW 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 Maximus 4x4 and not returned by the Customer;

(i) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by Maximus 4x4 in enforcing this Contract due to the Customer's 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; and

(m) Hire fees for the period from the commencement of the hire until the Equipment is returned or a customer pick up number is obtained from Maximus 4x4.

4.3 Without limiting the ability of Maximus 4x4 to recover all amounts owing to it, the Customer authorizes Maximus 4x4 to charge any amounts owing by the Customer to any credit card or account details of which are provided to Maximus 4x4.

4.4 Maximus 4x4 may tokenize the Customer's Credit Card or Account details to facilitate credit card or online payments.

4.1 On or before Commencement (or as otherwise specifically agreed with Maximus 4x4), the Customer will pay the Hire Charge.

4.2 Immediately on request by Maximus 4x4, the Customer will pay:
(a) the new list price of any Equipment which is for whatever reason not returned to Maximus 4x4.

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 Maximus 4x4 in delivering and recovering possession of the Equipment;

(f) Interest for late payment of amounts owing by the customer, at the pre-judgment interest rate set by the Local Court of NSW 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 Maximus 4x4 and not returned by the Customer;

(i) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by Maximus 4x4 in enforcing this Contract due to the Customer's 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; and

(m) Hire fees for the period from the commencement of the hire until the Equipment is returned or a customer pick up number is obtained from Maximus 4x4.

4.3 Without limiting the ability of Maximus 4x4 to recover all amounts owing to it, the Customer authorizes Maximus 4x4 to charge any amounts owing by the Customer to any credit card or account details of which are provided to Maximus 4x4.

4.4 Maximus 4x4 may tokenize the Customer's Credit Card or Account details to facilitate credit card or online payments.

6.1 Damage Waiver is not insurance, but is an agreement by Maximus 4x4 that the Customer’s liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.

NOTE TO CUSTOMER: Damage Waiver does NOT cover the costs of recovery of the Equipment, which are always payable by the Customer.

6.2 Subject to the provisions of this Section 6, 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, or 20% of the current replacement cost of the Equipment as reasonably determined by Maximus 4x4 using supplier’s list prices, whichever is the lesser amount.

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;
(i) where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance; or
(j) where the damage is caused to a truck pantech or truck crane.

6.3 The Customer may pay an additional Vehicle Waiver Plus Fee (Excluding Customers driving with restricted licences) in relation to the hire of Motor Vehicles, which for each incident will:
(a) reduce the Damage Waiver Excess in relation to Motor Vehicles and third party damage to property or goods caused by the use of the Motor Vehicle by the Customer;
(b) cover damage to a pantech or van body above cab height; and
(c) add a Theft Waiver component for Motor Vehicles. Theft Waiver is not insurance, but is an agreement by Maximus 4x4 that the Customer’s liability for theft or loss of the Motor Vehicle can be limited in some circumstances only to an amount called the Theft Waiver Excess.

Maximus 4x4 may ask the Customer to pay the Vehicle Waiver Plus Fee on the hire of Motor Vehicles, but the Customer may decide to opt out of that payment. Credit account customers will have the Vehicle Waiver Plus applied to all relevant hires unless the Customer has declined the Waiver on their credit application or opted out by providing notice to Maximus 4x4 in writing. The reduced Damage Waiver Excess and the Theft Waiver Excess apply to Motor Vehicles when the Vehicle Waiver Plus Fee is paid; this will be shown on the Hire Schedule and will vary for different classes of vehicles.

6.4 The Customer may pay an additional Equipment Waiver Plus Fee in relation to the hire of medium and large Equipment (being such Equipment as determined by Maximus 4x4 at the time of hire), which for each incident will:
(a) reduce the Damage Waiver Excess in relation to Equipment and third party damage to property or goods caused by the use of the Equipment by the Customer; and
(b) add a Theft Waiver component for medium and large machinery. Theft Waiver is not insurance, but is an agreement by Maximus 4x4 that the Customer’s liability for theft or loss of the Equipment can be limited in some circumstances only to an amount called the Theft Waiver Excess.

Maximus 4x4 may ask the Customer to pay the Equipment Waiver Plus Fee on the hire of medium and large Equipment, but the Customer may decide to opt out of that payment. Credit account customers will have Equipment Waiver Plus applied to all relevant hires unless the Customer has declined the Waiver on their credit application or opted out by providing notice to Maximus 4x4 in writing. The reduced Damage Waiver Excess and the Theft Waiver Excess which apply to medium and large Equipment when the Equipment Waiver Plus Fee is paid will be shown on the Hire Schedule and will vary for different types of machinery.

6.5 THEFT 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 Maximus 4x4 a Police Report on the theft within seven days of the theft allegedly occurring.

In the event of Theft Waiver applying, hire fees will be charged to the Customer until the Police Report is provided to Maximus 4x4.

6.6 Damage Waiver will NOT apply where Maximus 4x4 determines that any applicable exclusion mentioned in this Section 6 applies, including the circumstances in clauses 6.2(a)-(j) or 6.5(a)-(b) respectively, unless the Customer is able to establish otherwise to the reasonable satisfaction of Maximus 4x4.

6.7 Equipment Waiver Plus and Vehicle Waiver Plus, including Theft Waiver, will NOT apply where Maximus 4x4 determines that any applicable exclusion in clauses 6.2(b)-(h) or 6.5(a)-(b) applies.

6.8 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 6.

6.9 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 6.

6.10 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 Maximus 4x4 Motor Vehicle or Equipment, and if the Customer has breached any provision of this Contract or if any of the circumstances described in clauses 6.2(a)-(j) have occurred, the Customer will be liable for the full cost of that third party property damage to the extent caused by the Customer. If the Customer has not breached this Contract and none of the circumstances described in clauses 6.2(a)-(j) have occurred, the Customer will be liable for the full cost of the third party property damage to the extent caused by the Customer, or $1,500, whichever is the lesser amount.

7.1 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.

7.2 Where the Australian Consumer Law applies and the Equipment is not of a kind ordinarily acquired for personal domestic or household use or consumption, Maximus 4x4's liability in respect of any guarantee is limited to the replacement or repair of the Equipment, or the cost of having the Equipment repaired or replaced.

7.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply, Maximus 4x4 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.

(a) The Customer will incur additional charges ("Remote Area Charges") for any delivery, servicing, and repair of the Equipment, as well as for any other attendance at the Remote Area by Maximus 4x4. Remote Area Charges will be calculated based on a per kilometer rate traveled by Maximus 4x4 staff to and from the Remote Area, plus labor costs per staff member per hour (including travel time) at scheduled rates, and direct travel costs including airfares and accommodation charges incurred by Maximus 4x4 and its staff in connection with travel to and from the Remote Area.

(b) When multiple items of Equipment are hired by a Customer on the same site, only one call-out fee will be charged.

(c) The Customer is responsible, at its own cost, for the daily maintenance and care of all fittings and lubrication of grease points for multiple items of Equipment hired by a Customer on the same site.

9. Termination and Remedies

9.1 If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (considering the nature of the breach), or becomes bankrupt, insolvent, or ceases business, then Maximus 4x4 shall have the right to:

(a) Terminate this Contract;

(b) Sue for recovery of all monies owing by the Customer;

(c) Repossess the Equipment (and is authorized 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.

9.2 The Customer indemnifies Maximus 4x4 against any damages, costs, or losses resulting from a breach by the Customer of any provision of this Contract.

10.1 Checking and Disputing Hire Charges

10.1 The Customer must promptly review all Hire Charges, and any disputes concerning these charges must be communicated to Maximus 4x4 in writing within 30 days of the hire contract date. If no communication is received from the Customer within this 30-day period, the Hire Charges are considered accepted by the Customer.

10.2 In the event of a dispute arising from this contract, the hire, or the use of the Equipment (excluding payments due to Maximus 4x4), the parties agree to attempt to resolve the dispute through negotiation with the assistance of the Hire and Rental Association of Australia before resorting to litigation.

Maximus 4x4's Equipment may be equipped with on-board devices (each a "GPS Device") that enable the Equipment to connect to the internet, send commands, and receive certain information, including geolocation data from a global positioning system, as well as other data such as speed, battery voltage, and ignition status.

By hiring any Equipment from Maximus 4x4, the Customer expressly consents to Maximus 4x4's use of the GPS Device on such Equipment during the Hire Period. The Customer also consents to Maximus 4x4 collecting, using, and retaining information from the GPS Device in accordance with Maximus 4x4's Privacy Policy. The Customer acknowledges that Maximus 4x4 is the owner of this data, subject to the Customer's rights as outlined in Maximus 4x4's Privacy Policy.

RedDirt will comply with the Australian Privacy Principles in all
dealings with Customers. A copy of the RedDirt Privacy Statement is available upon request or by visiting https://maximus4x4.com/policies/privacy-policy

13.1 Payment Claim under Building and Construction Industry Legislation

The hire contract containing these Hire Contract Conditions constitutes a payment claim under the Building and Construction Industry Security of Payment Act 1999 NSW, the Building and Construction Industry Security of Payment Act 2002 VIC, the Building and Construction Industry Payments Act 2004 QLD, the Building and Construction Industry Security of Payment Act 2009 SA, the Construction Contracts Act 2004 WA, the Building and Construction Industry (Security of Payment) Act 2009 ACT, the Building and Construction Industry Security of Payment Act 2009 TAS, and/or the Construction Contracts (Security of Payments) Act 2009 NT.

13.2 Governing Law and Jurisdiction

Unless Maximus 4x4 exercises its discretion to take action against the Customer under any of the Building and Construction Industry legislation referred to in this clause, Maximus 4x4 and the Customer agree that this Contract is governed by the law of the state of Western Australia. The parties hereby submit to the jurisdiction of the courts of that State.

14.1 Self-Collection and Self-Return of Equipment

Maximus 4x4 may, at its discretion and subject to satisfactory identification of the Customer and its authorised representatives, issue a Personal Identification Number (“PIN”) to an individual authorised representative of the Customer. This PIN allows for self-collection and self-return of the Equipment by the Customer from and to a Maximus 4x4 Workshop (“the Workshop”). Maximus 4x4 reserves the right to withdraw the PIN at any time. The Customer must adhere to all requirements specified by Maximus 4x4 for entry to the Workshop using the PIN, including:

(a) Following all directions provided by Maximus 4x4 regarding the procedure for accessing the Workshop;
(b) Acknowledging that entering the Workshop is at their own risk, and assuming responsibility for any injuries, death, damage to equipment or property that may occur during loading, unloading, or while accessing the Workshop;
(c) Ensuring the main gate of the Workshop is closed and locked upon departure. Failure to do so renders the Customer liable for any theft, attempted theft of Equipment from the Workshop, damage to Equipment, or damage to the Workshop itself;
(d) Consenting to being filmed or photographed by CCTV cameras while at, entering, or leaving the Workshop;
(e) Requesting and obtaining any necessary assistance from Maximus 4x4 regarding the operation and safe use of the Equipment before entering the Workshop;
(f) Maintaining the confidentiality of the PIN at all times, ensuring it is used solely by the authorised individual to whom it is issued, and preventing access to the Workshop by any unauthorized persons;
(g) Ensuring possession only of Equipment listed on an active Hire Schedule provided by Maximus 4x4.