Terms of Hire

Hire is charged for the time the Plant is out at the Hirer's request (inclusive of weekends and public holidays), not only the time the Plant is in use.

3.1 Hiring charges commence from the time the Plant is delivered by the Owner to the Hirer.

3.2 Hiring charges cease on the date the Hirer notifies the Owner that the Plant is to be off-hired (“off-hire date”), provided the notification is received during business hours. Notifications received outside business hours will be treated as received on the next business day.

3.3 The Hirer must notify the Owner in writing (including by email or phone) to request off-hire. Following an off-hire request, the Owner will collect the Plant within a reasonable timeframe. Collection may be subject to weather, workload, site access, and scheduling. The Hirer is not charged for the period between the off-hire date and the date the Owner collects the Plant, but the Hirer remains responsible for the safekeeping of the Plant until collection.

3.4 Each product has a minimum hire period as set out in Schedule D. The Hirer will be charged for the full minimum hire period regardless of when the Plant is off-hired.

3.5 Commencement of hire and connection delays. The Hirer acknowledges that where the Plant is a temporary power pole or other equipment requiring connection to the electricity network, connection, energisation, inspection, and approval are performed by Energex or other third parties and are outside the Owner's control. Hiring charges commence on delivery of the Plant in accordance with clause 3.1 regardless of whether the Plant has been connected to, or energised by, the electricity network.

3.6 No delay in connection, energisation, inspection, or approval (howsoever caused) by Energex or any third party entitles the Hirer to any reduction, suspension, refund, or credit of hire charges, delivery fees, or any other amount payable under this agreement. Hire charges continue to accrue in accordance with clause 3.1 until the Plant is off-hired under clause 3.2 and collected by the Owner.

4.1 Short-Term and Event Hires. All hire charges, delivery fees, and applicable servicing fees for Short-Term Hires and event hires are payable in full prior to delivery of the Plant.

4.2 Long-Term Hires. For Long-Term Hires, the initial hire period charges and delivery fees are payable in advance. Ongoing hire charges beyond the minimum hire period are invoiced monthly in arrears and are payable within 14 days of the invoice date.

4.3 The Hirer authorises the Owner to charge any credit card or payment method provided by the Hirer for hire charges, delivery fees, damage charges, and other amounts payable under this agreement.

4.4 If any payment is dishonoured or reversed, the Hirer must pay any bank fees or charges incurred by the Owner as a result.

4.5 Interest accrues on any overdue amounts at the rate of 15% per annum.

5.1 If the Hirer cancels the hire more than 48 hours before the scheduled delivery, no cancellation fee applies.

5.2 If the Hirer cancels the hire within 48 hours of the scheduled delivery, a cancellation fee equal to the delivery and installation charge for that hire applies. Any prepaid hire charges (excluding the cancellation fee) will be refunded.

5.3 The Hirer may terminate the hire at any time by providing an off-hire request in accordance with clause 3.3, subject to payment of all amounts owing including the minimum hire period charge.

6.1 The Hirer must ensure that the delivery and collection site is accessible by the Owner's vehicles and equipment at all scheduled times. Access must be clear, level, and free of obstructions.

6.2 Unless otherwise agreed, the Hirer is responsible for all site preparation required for the installation and use of the Plant, including but not limited to clearing vegetation, providing suitable ground conditions, and obtaining any necessary permits or approvals.

6.3 If the Owner's delivery is unsuccessful due to inadequate site access, incorrect site address, an incorrect product type selected for the site's power supply requirements (for example, an overhead power pole ordered for a site that requires an underground connection, or vice versa), or the absence of the Hirer or their representative at the agreed time, the Owner may charge a failed delivery fee. The Hirer remains liable for hire charges from the originally agreed delivery date.

6.4 The Owner will install or place the Plant at the location directed by the Hirer. The Hirer is responsible for ensuring that the nominated location is suitable and complies with any relevant regulations, including setback requirements and underground service clearances.

The Hirer shall:

• Determine the condition and suitability of the Plant hired for the purpose required.
• Use the Plant in a skilful and proper manner and only for the purpose and within the capacity for which it was designed, acknowledging the Owner cannot warrant as to the said capacity.
• At their own expense, clean and maintain the Plant in good order and substantial repair and condition.
• Accept that temporary power poles are provided with a 6-month safety switch test sticker. After this period, further compliance testing is the Hirer's responsibility.
• Accept full responsibility for the safe keeping of the Plant, and indemnify the Owner for any loss, theft, or damage to the Plant however caused, whether or not due to negligence of the Hirer. Responsibility for security and protection of the Plant lies with the Hirer until collected by the Owner or the Owner's agent.
• Accept full responsibility for, and indemnify the Owner against, all claims in respect of injury to persons or damage to property arising out of the use of the Plant during the hire period, however arising, whether from negligence of the Hirer, the Owner, or others.
• Not place a lien over the Plant, nor without the Owner's prior written consent, part with possession of the Plant, assign the benefit of this agreement, or remove the Plant from the State of Queensland.
• Not alter, deface, or make additions to the Plant.
• Understand and accept that a Damage Cover charge is included in the hire rate (see Section 12).
• Not modify, bypass, or disable any safety device, electrical protection, or compliance component on the Plant.

8.1 The Hirer acknowledges that the Owner has a security interest in the Plant for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”) and that this agreement constitutes a security agreement.

8.2 The Hirer agrees that the Owner may register its security interest in the Plant on the Personal Property Securities Register (“PPS Register”) and the Hirer must do all things necessary to facilitate such registration, including providing any information the Owner may reasonably require.

8.3 To the extent permitted by law, the Hirer waives its right to receive notice of a verification statement in respect of any registration on the PPS Register.

8.4 The Hirer waives any rights it may have under sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142, and 143 of the PPSA.

8.5 The Hirer agrees not to do, or permit to be done, anything that may result in the Owner's security interest in the Plant ranking in priority behind any other security interest.

8.6 The Hirer must immediately notify the Owner if any person claims a security interest in the Plant.

Without prejudice to any other remedies available to the Owner, the Owner may terminate this hire agreement:

• At any time with 24 hours' written notice to the Hirer.
• Without notice if the Hirer commits any breach of this agreement, is wound up, goes into liquidation, commits an act of bankruptcy, or if a receiver or administrator is appointed over assets. Upon termination, the Owner may take possession of the Plant and enter premises if necessary, with the Hirer indemnifying the Owner for any claims, damages, or expenses arising from such action.

The Hirer is responsible for all theft, loss, and damage to the Plant and its accessories. The Owner has insurance to cover all Plant hired. To waive claims, the Hirer must provide a written police report, show adequate precautions were taken, and demonstrate that the loss or damage was not due to negligence.

11.1 The Hirer acknowledges its obligations under the Work Health and Safety Act 2011 (Qld) and agrees to comply with all applicable work health and safety legislation, codes of practice, and standards in connection with the use of the Plant.

11.2 The Hirer must ensure that all persons operating or working near the Plant are appropriately trained, qualified, and supervised.

11.3 The Hirer must immediately notify the Owner of any safety incident, near miss, or hazard involving the Plant.

12.1 A Damage Cover charge is included in the hire rate. Subject to the exclusions below, Damage Cover limits the Hirer's liability for accidental damage to the Plant to the excess amount specified at the time of hire (currently $500).

12.2 Damage Cover does not apply to:

• Loss, theft, or disappearance of the Plant
• Damage caused by misuse, abuse, overloading, or negligence
• Damage caused by use in breach of this agreement
• Damage to accessories
• Damage caused by electrical faults, inappropriate cables, or incorrect power supply
• Damage occurring during transport by anyone other than the Owner

12.3 Where Damage Cover does not apply, the Hirer is liable for the full cost of repair or replacement of the Plant.

The Owner's liability is limited to repair or replacement of the Plant. No compensation will be offered for economic or consequential loss. This clause is subject to Section 16 (Australian Consumer Law).

The Owner reserves the right to revise hire rates and related charges without notice.

The Hirer permits the Owner, with reasonable notice, to enter premises to recover the Plant. The Hirer agrees to indemnify the Owner for reasonable removal, enforcement, and legal costs.

16.1 Nothing in this agreement excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), or any other applicable law, which cannot lawfully be excluded or modified.

16.2 If the Australian Consumer Law applies to a supply of Plant under this agreement, and the Owner is unable to exclude a guarantee, the Owner's liability for breach of that guarantee is limited to (at the Owner's option):

• In the case of goods — the replacement of the Plant, the supply of equivalent Plant, or payment of the cost of replacing the Plant or acquiring equivalent Plant; or
• In the case of services — the supply of the services again, or payment of the cost of having the services supplied again.

Neither party shall be liable for any failure or delay in performing its obligations under this agreement to the extent that the failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, flood, storm, fire, earthquake, pandemic, epidemic, government restrictions, war, civil unrest, industrial action, power failure, internet or telecommunications failure, or supplier failure.

If a force majeure event continues for more than 30 consecutive days, either party may terminate this agreement by giving 7 days' written notice to the other party, without liability for such termination.

The Hirer must provide documents or take steps necessary to uphold this agreement. The Hirer appoints the Owner as attorney to act on their behalf as required.

The Hirer warrants that:

• All information provided is true and accurate.
• Nothing relevant has been withheld.
• No legal proceedings or disputes exist or are threatened that may materially affect performance.
• The agreement is not based on any representation or warranty from the Owner.

If the Hirer is a corporation, trust, or partnership, all principals may be required to sign personal guarantees. Individuals may require spouses to sign. Failure to provide such guarantees may render the agreement void. All guarantors are jointly and severally liable.

The Hirer and Guarantors authorise credit checks and information exchange with credit agencies as permitted under the Privacy Act 1988 (Cth), including creditworthiness, history, and providers. Information will remain confidential.

22.1 If a dispute arises in connection with this agreement, a party must not commence any court proceedings (other than urgent interlocutory relief) unless it has first complied with this clause.

22.2 A party claiming a dispute has arisen must give written notice to the other party, specifying the nature of the dispute.

22.3 Within 14 days of receiving the dispute notice, a representative of each party with authority to settle the dispute must meet and attempt to resolve the dispute in good faith.

22.4 If the dispute is not resolved within 28 days of the dispute notice, either party may refer the dispute to mediation administered by the Queensland Law Society or another agreed mediator. The costs of mediation will be shared equally.

22.5 If the dispute is not resolved within 28 days of referral to mediation, either party may commence court proceedings.

Accounts unpaid beyond 30 days accrue interest at 15% per annum. Overdue accounts may result in:

• Suspension of hire services
• Removal of Plant
• Administrative charges
• Debt recovery costs, including up to 20% broker fees and court costs

24.1 Proceeding with a hire through Poles & Holes — whether by placing an order online, by phone, by email, or in person — constitutes acceptance of these Terms and Conditions. No physical signature is required.

24.2 Where this agreement is signed, it may be executed in multiple counterparts, each of which constitutes an original, and all of which together form one binding agreement.

This agreement is governed by and construed in accordance with the laws of the State of Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from those courts.

If any provision of this agreement is prohibited or unenforceable in any jurisdiction, the remaining provisions remain valid and enforceable. Any provision unenforceable under applicable law does not affect the remaining provisions.

The Hirer and any guarantors personally indemnify the Owner against any losses resulting from acts or omissions under this agreement.

Additional terms applying where the Plant includes portable toilets.

A.1 Servicing Schedule. The Owner will service portable toilets at intervals agreed at the time of hire (typically fortnightly). The servicing schedule may be adjusted by the Owner due to public holidays, weather events, or operational requirements, with reasonable notice where possible.

A.2 Access for Servicing. The Hirer must ensure the portable toilet is accessible to the Owner's service vehicle at all scheduled servicing times. If servicing cannot be completed due to access being blocked, the Hirer's actions, or the absence of the Hirer or their representative, the Owner is not liable for any resulting hygiene, health, or compliance issues, and an additional call-out fee may apply.

A.3 Placement Restrictions. The Hirer must not move the portable toilet from its delivered position without the Owner's prior consent. If the portable toilet is relocated by the Hirer and cannot be serviced as a result, clause A.2 applies.

A.4 Prohibited Items. The Hirer must ensure that no items other than human waste and toilet paper are deposited in the portable toilet. The Hirer is liable for any additional cleaning or repair costs resulting from misuse, including the disposal of rubbish, chemicals, construction materials, or other foreign objects.

Additional terms applying where the Plant includes security cameras, solar panels, 4G connectivity equipment, or related surveillance hardware.

B.1 Ownership of Footage. All footage and recordings captured by the security cameras during the hire period are the property of the Hirer. The Owner does not routinely access, store, or monitor footage unless expressly agreed in writing.

B.2 Privacy Compliance. The Hirer is solely responsible for ensuring that the use of security cameras complies with all applicable laws, including the Information Privacy Act 2009 (Qld), any relevant surveillance legislation, and any local council or body corporate requirements. The Hirer must ensure appropriate signage is displayed and that the cameras are not directed at areas where individuals have a reasonable expectation of privacy.

B.3 4G Connectivity. Where the security camera system relies on 4G or mobile data connectivity, the Owner does not guarantee continuous or uninterrupted service. Network availability, speed, and reliability are subject to the mobile carrier's coverage and network conditions. Outages or disruptions caused by the carrier, environmental factors, or site conditions are not the responsibility of the Owner.

B.4 Solar Power Limitations. Where the security camera system is solar-powered, the Hirer acknowledges that performance is dependent on adequate sunlight exposure. The Hirer must ensure the solar panel is positioned to receive sufficient sunlight and is not obstructed by structures, vegetation, or other objects. Reduced performance during extended periods of overcast weather or in shaded locations is not a defect.

B.5 Data and SIM Cards. Where the Owner supplies a SIM card or data plan as part of the hire, the data allowance and plan terms will be as specified at the time of hire. The Hirer must not remove, replace, or tamper with the SIM card. Excessive or abnormal data usage beyond the specified allowance may incur additional charges.

B.6 No Guarantee of Security. The security camera system is provided as a deterrent and monitoring tool only. The Owner does not guarantee the prevention of theft, vandalism, or other criminal activity, and accepts no liability for any loss, damage, or injury arising from a failure to prevent or detect such activity.

Additional terms applying where the Owner sells a permanent power pole or other equipment to the Hirer. These terms apply in addition to, or in substitution of, the hire terms to the extent of any inconsistency.

C.1 Title and Risk. Title in the goods passes to the Hirer upon full payment of the purchase price. Risk in the goods passes to the Hirer upon delivery.

C.2 Payment. The full purchase price is payable in advance of delivery unless otherwise agreed in writing.

C.3 Installation. Unless the Owner has expressly agreed to install the permanent pole, installation is the Hirer's responsibility. The Hirer must ensure installation complies with all relevant standards, regulations, and the requirements of the electricity distributor.

C.4 Warranty. The Owner warrants that permanent poles sold are free from defects in materials and workmanship at the time of delivery. This warranty does not cover damage caused by improper installation, misuse, or failure to maintain the product. Nothing in this clause limits or excludes any guarantees under the Australian Consumer Law.

C.5 Returns. Permanent poles are manufactured or sourced to order and are not returnable unless defective. Where a pole is found to be defective, the Owner will repair or replace it at its discretion.

D.1 The minimum hire period, hire rate, delivery fee, and any other applicable charges for each product are as specified on the Hirer's quote, hire agreement, or tax invoice issued by the Owner at the time of hire.

D.2 The Hirer will be charged for the full minimum hire period regardless of when the Plant is off-hired.

D.3 Short-Term and Event Hires. All hire charges, delivery fees, and applicable servicing fees for Short-Term Hires (including event, wedding, and festival hires) are payable in full prior to delivery of the Plant.

D.4 Long-Term Hires. For Long-Term Hires, the initial hire period charges and delivery fees are payable in advance. Ongoing hire charges beyond the minimum hire period are invoiced monthly in arrears and are payable within 14 days of the invoice date.

D.5 The Owner may revise hire rates, delivery fees, minimum hire periods, and related charges from time to time. The rates and terms in effect at the time of hire apply to that hire.