Terms & Conditions of Hire

These Terms & Conditions govern the hire of equipment arranged by HireHub Rentals. Please read them carefully. By placing an order, making a payment, or electronically accepting these Terms, you agree to be bound by them. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded.

1. Definitions

1.1 "Company", "we", "us" or "HireHub" means Hire Network Pty Ltd (ABN 78 678 982 799) trading as HireHub Rentals.

1.2 "Customer", "you" means the person or entity hiring Equipment arranged by us, and includes that person's employees, agents and contractors.

1.3 "Equipment" means all machinery, tools, vehicles, accessories, attachments and parts arranged for hire to the Customer, as described in the Rental Schedule, quote or tax invoice.

1.4 "Supplier" means the third-party equipment owner from whom HireHub sources the Equipment.

1.5 "Rental Fee" means the charge payable for the hire of the Equipment, calculated on the agreed rates and duration, plus any additional charges under these Terms.

1.6 "Minimum Rental Period" means the agreed minimum hire duration, beginning when the Equipment is delivered or collected and ending on the agreed return date.

1.7 "PPSA" means the Personal Property Securities Act 2009 (Cth). "GST" has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

2. Our role as broker

2.1 HireHub operates as an equipment-hire broker. We arrange and coordinate the hire of Equipment owned by third-party Suppliers. Except where we expressly state otherwise in writing, HireHub does not own the Equipment.

2.2 The Customer must not sell, sub-let, lease, transfer, encumber or part with possession of the Equipment to any third party without our prior written consent.

3. Rental agreement & responsibilities

3.1 Rental period. The Customer agrees to hire the Equipment for at least the Minimum Rental Period and to pay the Rental Fee in accordance with these Terms.

3.2 Extensions. Any extension beyond the agreed period must be approved by HireHub in advance. Additional charges apply for the extended period.

3.3 Possession & condition. The Customer is responsible for the Equipment from delivery (or collection) until it is returned to, or collected by, HireHub or the Supplier. Equipment must be returned in the same condition as supplied, fair wear and tear excepted.

3.4 Use of Equipment. The Customer must:

• operate the Equipment safely and in accordance with all applicable Australian laws, manufacturer instructions and work health & safety standards;
• ensure only competent, appropriately licensed or qualified personnel operate the Equipment;
• not modify, repair, relocate interstate, or remove identifying marks from the Equipment without our prior written approval;
• take reasonable steps to secure the Equipment against theft, vandalism and damage; and
• report any accident, theft, loss, damage or malfunction to HireHub as soon as practicable, and in any event within 24 hours.

4. Payment terms & fees

4.1 GST. Unless stated otherwise, all fees are exclusive of GST. Where GST applies, the Customer must pay the GST amount in addition to the fee, against a valid tax invoice.

4.2 Invoices. Invoices are payable within 7 days of the invoice date, or on the payment terms stated in the Rental Schedule or on the invoice.

4.3 Overdue accounts. Where an amount is overdue, we may charge interest at 2% per month (calculated daily) on the outstanding amount, and a reasonable administration fee of up to $150 per month. These amounts represent a genuine pre-estimate of the cost to us of late payment. We may also recover reasonable debt-recovery, legal and enforcement costs.

4.4 Card on file. A valid payment card must be provided and kept on file as a condition of opening an account, including where the Customer elects to pay by EFT or cash. Card details are captured and stored securely by our third-party payment processor (Stripe); HireHub does not store full card numbers or security codes. The Customer authorises HireHub to charge the card: (a) for the Rental Fee on confirmation of an order, where the Customer pays by card; and (b) for any overdue amounts, additional charges or loss/damage costs payable under these Terms, after HireHub has given notice of the amount.

4.5 Additional charges. The Customer may be charged for: delivery and collection (mobilisation/demobilisation); call-out services arising from operator error ($150/hour, minimum 4 hours, plus $1.60/km travel); cleaning; refuelling; and the repair or replacement cost of lost or damaged Equipment.

5. Cancellation & refunds

5.1 By the Customer. Cancellations made within 24 hours of the scheduled delivery may attract a reasonable cancellation fee reflecting costs already incurred. Once the hire has commenced, Rental Fees for the period hired are not refundable, except to the extent required by the Australian Consumer Law.

5.2 By HireHub. If Equipment becomes unavailable due to circumstances outside our control, we will offer a suitable alternative or a refund of fees paid for the unavailable Equipment.

6. Delivery, risk & title

6.1 Risk in the Equipment passes to the Customer on delivery or collection and remains with the Customer until the Equipment is returned to, or recovered by, HireHub or the Supplier.

6.2 Title in the Equipment remains at all times with the Supplier (or HireHub, if applicable). The Customer obtains a right to possess and use the Equipment for the hire period only.

7. Insurance

7.1 The Customer must, at its own cost, insure the Equipment for its full replacement value against theft, loss and damage for the duration of the hire, and must hold public liability insurance adequate to cover risks arising from the use of the Equipment. Evidence of insurance must be provided on request.

8. Personal Property Securities Act (PPSA)

8.1 The Customer acknowledges that these Terms may give rise to a "security interest" and/or a "PPS lease" under the PPSA, and that HireHub (or the Supplier) may register that interest on the Personal Property Securities Register.

8.2 The Customer must do anything reasonably required by us to ensure our security interest is enforceable, perfected and has priority. To the extent permitted by law, the Customer waives its right to receive any notice or verification statement under the PPSA (including under sections 95, 118, 121, 130, 132, 135 and 157), and contracts out of those provisions that may be excluded.

9. Liability, Australian Consumer Law & indemnity

9.1 Consumer guarantees. Certain consumer guarantees under the Australian Consumer Law cannot be excluded. Nothing in these Terms operates to exclude, restrict or modify those guarantees.

9.2 Limitation. To the maximum extent permitted by law, and where the Equipment or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of a non-excludable guarantee is limited, at our option, to: (a) the resupply of the services, or the supply of equivalent equipment; or (b) payment of the cost of doing so.

9.3 Exclusion. Subject to clause 9.1, and to the extent permitted by law, HireHub is not liable for any indirect, consequential or economic loss (including loss of profits, revenue, production, business interruption or downtime) arising from: improper use of the Equipment; accidents or operator error; or delays, faults, malfunctions or breakdowns beyond our reasonable control.

9.4 Service delays & faults. HireHub and its Suppliers will use reasonable efforts to supply Equipment in working order and on time. If an issue arises, we will work with the Customer in good faith toward a reasonable solution, which may include repair, replacement or an alternative arrangement. We do not guarantee uninterrupted operation or immediate replacement in all cases.

9.5 Indemnity. To the extent permitted by law, the Customer indemnifies HireHub and its Suppliers against all claims, losses, damage, liabilities, costs and expenses arising from the Customer's use, possession or storage of the Equipment, or the Customer's breach of these Terms — except to the extent caused by HireHub's own negligence or wilful misconduct.

10. Fines & infringements

10.1 The Customer is responsible for all fines, penalties, tolls and infringements incurred while the Equipment is in its possession or use, including those arising from improper placement, non-compliance with road or traffic rules, or breach of local council requirements. Where HireHub or a Supplier receives such a fine, the Customer must reimburse the full amount plus a reasonable administrative fee on demand.

11. Personal guarantee (business customers)

11.1 If the Customer is a company, trust or other entity, the individual who signs or accepts these Terms on the Customer's behalf personally guarantees the due and punctual performance of all the Customer's obligations, including payment of all amounts owing. This guarantee is a continuing guarantee and indemnity and remains binding despite any change in the Customer's directorship, ownership or structure.

12. Default, suspension & termination

12.1 We may suspend or terminate the hire immediately if the Customer breaches these Terms, uses the Equipment unlawfully or unsafely, fails to pay any amount when due, or becomes insolvent.

12.2 On termination, the Customer must immediately return the Equipment or allow HireHub or the Supplier to recover it. The Customer authorises us and our agents to enter any premises where the Equipment is reasonably believed to be located to recover it, and to recover the reasonable costs of doing so. The Customer remains liable for unpaid Rental Fees, damage and recovery costs.

12.3 Suspension of future hires. We may suspend or decline future hire to any Customer (and its related entities or personnel) with outstanding or overdue amounts.

13. Privacy & credit reporting

13.1 HireHub collects, holds, uses and discloses personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy.

13.2 The Customer consents to HireHub collecting and disclosing credit and personal information to and from credit-reporting bodies, credit providers, hire-industry networks and debt-recovery agents for the purposes of assessing the application, managing the account, and recovering overdue amounts, in accordance with Part IIIA of the Privacy Act and the Privacy (Credit Reporting) Code. Information will not be shared for unrelated marketing purposes without consent.

14. Dispute resolution

14.1 If a dispute arises, the parties agree to attempt to resolve it in good faith, including through mediation, before commencing legal proceedings (except where urgent injunctive relief is required, or to recover an undisputed debt). The costs of any mediation will be shared equally.

15. General

15.1 Governing law. These Terms are governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of its courts.

15.2 Variation. We may update these Terms from time to time; the version in force when an order is placed applies to that hire.

15.3 Severability. If any provision is found to be unenforceable, it is severed to the extent necessary and the remaining provisions continue in force.

15.4 Waiver. A failure or delay in exercising a right is not a waiver of that right.

15.5 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.

15.6 Assignment. The Customer may not assign its rights under these Terms without our consent.

15.7 Unfair contract terms. If the contract is a standard-form small business or consumer contract, any term found to be "unfair" under the Australian Consumer Law is void and does not apply.

15.8 Entire agreement. These Terms, together with the Rental Schedule, quote and tax invoice, form the entire agreement between the parties for the hire.