Poles & Holes – Hire Agreement Terms and Conditions

1. Definitions

(a) The ‘Owner’ is Outlook Investments Pty Ltd ABN 94 871 511 793 trading as ‘Poles & Holes’.

(b) The ‘Hirer’ refers to the person, firm, or company hiring Plant from the Owner.

2. Hire Charges

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

3. Hire Period

Hiring charges commence from the time the Plant is delivered by the Owner to the Hirer until the Plant has been requested to be picked up by the Hirer.

4. Responsibilities of the Hirer

Determine the condition and suitability of the Plant for the purpose required.
Use the Plant in a skilful and proper manner, only for the purpose and within the capacity for which it was designed, acknowledging the Owner cannot warrant its capacity.
At their own expense, clean and maintain the Plant in good order and repair.
Accept full responsibility for the safekeeping of the Plant and indemnify the Owner for any loss, theft, or damage however caused, whether or not due to negligence. Responsibility lies with the Hirer until collected by the Owner or its agent.
Accept full responsibility for, and indemnify the Owner against, all claims in respect of injury to persons or damage to property arising from the use of the Plant during hire, however arising.
Not place a lien over the Plant, nor part with possession or assign the benefit of the hire agreement without the Owner’s prior written consent, nor remove the Plant from the State.
Not alter, deface, or make additions to the Plant.
Understand and accept that an additional charge for Damage Cover is included in the hire rate.
Pay all hire and related charges, with interest on any overdue amounts at 15% per annum.
Ensure the portaloo is accessible and available for servicing at all scheduled intervals. If the portaloo is not accessible due to the Hirer’s actions or negligence, the Owner will not be held liable for any missed service, and additional fees may apply.

5. Termination by the Owner

At any time with 24 hours’ notice to the Hirer.
Without notice if the Hirer breaches this agreement, is wound up, goes into liquidation, commits an act of bankruptcy, or if a receiver is appointed. 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.

6. Theft, Loss & Damage

The Hirer is responsible for all theft, loss, and damage to the Plant and its accessories. Insurance cover is provided, but to waive claims, a police report must be provided, precautions demonstrated, and loss/damage not due to negligence. A $500 excess applies.

Insurance excludes loss or damage:

From misuse, abuse, or overloading.
Due to mysterious disappearance or wrongful conversion.
In contravention of hire agreement terms.
From illegal use or breach of law.
Of accessories.
Caused by inherent use of the Plant.
From overloading or improper electrical current, including under-rated or excessive extension leads.
From corrosive substances.
During transport except when transported by the Owner.
Due to negligence of the Hirer.

7. Limitation of Liability

The Owner’s liability is limited to repair or replacement of the Plant. No compensation will be offered for economic or consequential loss.

8. Rate Changes

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

9. Right of Entry

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.

10. Documentation and Authority

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.

11. Warranties by the Hirer

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.

12. Personal Guarantees

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 guarantees may render the agreement void. All guarantors are jointly and severally liable.

13. Credit Reporting Consent

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

14. Online Agreement

Proceeding with a hire through Poles & Holes constitutes acceptance of these Terms and Conditions. No physical signature is required.

15. Severability

If any provision is prohibited or unenforceable, remaining provisions remain valid and enforceable.

16. Non-Payment and Debt Recovery

Accounts unpaid beyond 30 days accrue interest at 15% per annum. Overdue accounts may result in suspension, removal of Plant, administrative charges, and debt recovery costs, including up to 20% broker fees and court costs.

17. Invalid Clauses

Any provision unenforceable under applicable law or jurisdiction does not affect the remaining provisions.

18. Personal Indemnity

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