Hydroflux Utilities – Terms and Conditions of Equipment Hire
Client means a person to whom a Quotation is made, any person offering to contract with Hydroflux and any person who purchases Goods and/or Services from Hydroflux.
Commencement means the date from which the Client took possession of the Equipment.
Completion means the date from which the Equipment is back in the possession of Hydroflux after termination of the Hire Agreement.
Equipment means any type of equipment including but not limited to treatment plant, pieces of machinery, separation devices, dewatering equipment, chemical make-up systems, chemical storage systems, pumps, pipework, scientific instruments, any other associated accessory made available by Hydroflux to the Client as part of the Hire Agreement.
Hire Agreement means the agreement between Hydroflux and its Client for the hire of Equipment. The Hire Agreement includes the Clients credit application to Hydroflux, Hydroflux Utilities Standard Terms and Conditions of Sale, and Hydroflux Utilities Terms and Conditions of Equipment Hire.
Hire Charges means the rates and costs payable by the Client for the hire of Equipment.
Hire Period means the period of time counted in days from Commencement to Completion.
Hydroflux means Hydroflux Utilities Pty Ltd (ABN 68 166 065 461) and includes all agents, servants, contractors and employees of Hydroflux.
2. Hire of Equipment
(a) Hydroflux agree to hire the Equipment to the Client for the Hire Period and the Client agrees to pay the hire deposit, the Hire Charges and other charges as applicable.
(b) Hydroflux agree to provide the Equipment in a clean condition, free from defects and in good working order.
(c) The Client agrees not to allow any other person, corporation or other legal entity to use, re-hire or take possession of the Equipment unless agreed in writing with Hydroflux.
3. Ownership of Equipment.
(a) Except as detailed in clause 3(b), the Client acknowledges that title and ownership of the Equipment remains with Hydroflux (even if the Client goes into liquidation or becomes bankrupt during the Hire Period) and in no circumstances will the Equipment be deemed to be a fixture. The Clients rights to use the Equipment are as a bailee only.
(b) If the Equipment has been leased or hired by Hydroflux from a third party then title to the Equipment remains with the third party owner.
4. Minimum Hire Period
Unless agreed in writing prior to Commencement, the minimum Hire Period for the Equipment is 90 days. When a Commencement date occurs, the Client will be liable to pay a minimum 90-day Hire Charge even if the Hire Agreement is terminated before 90 days has passed.
5. Hire deposit
(a) The Client must pay a hire deposit, due immediately and before Commencement, of a value as agreed in writing between the Client and Hydroflux. This deposit is refundable on Completion subject to claims under clause 5(b).
(b) The Client agrees that any deposit paid to Hydroflux for the hire of the Equipment can be used by Hydroflux for the following reasons:
(i) to cover the cost of any loss or damage to the equipment during the Hire Period;
(ii) to cover the cost of returning the Equipment back to its condition before its initial release to the Client;
(iii) to cover the cost of any cleaning or debris removal;
(iv) for payment of any outstanding Hire Charges.
(v) for any charges incurred as outlined in clause 8(a).
6. Hire Charges
(a) Hire Charges will be agreed in writing between the Client and Hydroflux before Commencement begins. The Hire Charge will be calculated as a daily hire rate.
(b) The Client will be invoiced on a monthly basis equal to the number of days of hire during that month multiplied by the calculated daily hire rate. Payment for that month’s hire will be due 14 days from invoice.
(c) Hydroflux will invoice the Client for each month’s hire charge during the last week of each hire month, unless clause 6(d) applies.
(d) If Completion of the Hire Agreement occurs prior to the last week of the month, then Hydroflux will invoice the Client on the date of Completion for the number of days of hire for that month.
7. Other charges
(a) The cost to deliver, install, commission, uninstall or collect the Equipment will be agreed in writing with Hydroflux before Commencement and these costs will be additional to the Hire Charge.
(b) The Client is responsible for the replacement and cost of any consumables including but not limited to pH probes, chemicals, lubrication oil.
(c) A cancellation fee may be charged by Hydroflux if the Equipment has been reserved by the Client and the Client cancels the booking before Commencement.
8. Delivery and collection of Equipment.
(a) When Hydroflux are responsible for the delivery or collection of the Equipment to or from the Client’s nominated site, access must be granted to enable timely delivery and collection. The Client will be responsible for any demurrage, delay or futile delivery or collection costs incurred.
(b) The Client must inspect all Equipment and notify Hydroflux within 24 hours of Commencement if the Equipment is damaged, broken or defective, else Hydroflux will assume that the Equipment was delivered in good working order.
9. Termination of Hire Agreement
(a) Either Hydroflux or the Client can terminate this Hire Agreement by giving 7 days written notice.
(b) If the agreement is terminated before the minimum Hire Period then the Client will be charged for the Minimum Hire Period.
(c) Hydroflux can terminate the Hire Agreement and may retake possession of the Equipment at any time if the Client is in clear breach of any of the conditions within these Terms and Conditions of Equipment Hire.
The Client must:
(a) have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment,
(b) must have valid and current insurance policies that insure the Equipment for all loss and damage for its full replacement value, and the insurance must remain current for the duration of the Hire Period,
(c) indemnify Hydroflux for all and any injury and/or damage to persons and property by the Clients possession, use, maintenance, repair, storage, transport or operation of the Equipment.
11. Fit for purpose
(a) The Client agrees that it has satisfied itself that the Equipment hired is suitable in size and throughput and fit for purpose for the role for which it was hired.
(b) If Commencement occurs, the Client is responsible for paying Hire Charges even if the Equipment is not suitable in size or throughput or fit for purpose.
Hydroflux does not guarantee any performance limits unless such limits are expressly guaranteed by Hydroflux separately in writing and regardless any estimates of power, labour, maintenance, chemical usage, sludge quantities, water discharge quality, discharge costs and disposal costs are not guaranteed.
13. Use of Equipment
The Client must:
(a) agree that the use of the Equipment carries with it risks and dangers and the Client agrees to accept all risks and dangers,
(b) conduct a thorough hazard and risk assessment before using the Equipment,
(c) use the Equipment in a responsible and safe manner,
(d) ensure the Equipment is located in a suitable, secure and safe position and has been erected and positioned by suitably qualified persons, and that ongoing access is limited to properly trained and authorised personnel only,
(e) when applicable, ensure the Equipment is connected to services such as electricity and water by suitably qualified trades people,
(f) ensure all persons commissioning, operating or accessing the Equipment are suitably qualified and/or trained to do so,
(g) comply with all occupational health and safety laws applicable to the use and operation of the Equipment,
(h) use the Equipment only for the purpose for which it is intended, and for legal purposes only,
(i) operate, maintain and store the Equipment in accordance with any written specifications provided by Hydroflux,
(j) only use the Equipment in conjunction with the use of chemical supplied by Hydroflux. Unless agreed in writing by Hydroflux, use of any chemical supplied by others may be detrimental to the Equipment and will constitute a breach of this agreement,
(k) comply with all relevant legislation including Environmental Laws and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
14. Responsibility for the Equipment
(a) The Client is responsible for all liability arising out of the use, handling, storage or operation of the Equipment during the Hire Period. The Client indemnifies Hydroflux for any such liability unless due to negligence by Hydroflux. The indemnity in this clause survives termination of this agreement.
(b) During the Hire Period, the Client is responsible to undertake normal servicing of the Equipment in accordance with instructions provided by Hydroflux. The Client will be responsible for any loss or damage to the Equipment for failure to undertake normal servicing.
(c) The Client agrees that any loss, theft or damage will be immediately reported to Hydroflux.
(d) During the Hire Period the Client is responsible for any loss, theft or damage of the Equipment in all circumstances including but not limited to fire, storm, collision, or accident, unless the loss theft or damage is caused due to actions by Hydroflux.
(e) In the event of damage to the Equipment, the Client will not attempt to repair the Equipment unless expressly authorised to do so by Hydroflux.
(f) The Client will not tamper with the Equipment in any way unless expressly authorised by Hydroflux.
(g) The Client will not deface or destroy any part of the Equipment, including not resetting or erasing any electronically held data.
15. Equipment that is broken, damaged, lost, or stolen
If the Equipment has been broken, lost or stolen, or damaged beyond normal wear and tear during the Hire Period, the Client will be liable for:
(a) any costs incurred by Hydroflux to fix or repair or replace the Equipment,
(b) the Hire Charges during the Hire Period when the Equipment is being recovered, repaired or replaced.
16. Return of Equipment
(a) Except for normal wear and tear, the equipment must be returned to Hydroflux in the same condition as it was when the Equipment was first released to the Client. Any cost to return the Equipment to its condition before its initial release to the Client will be at the Clients expense. Any cost borne by Hydroflux to return the Equipment to its initial release condition will be charged to the Client and will be in addition to the Hire Charges.
(b) Where applicable, and before returning the Equipment to Hydroflux, the Equipment must be cleaned and free of any debris. Any cost to clean the Equipment will be at the Clients expense. Any cost borne by Hydroflux to clean the Equipment to its initial release condition will be charged to the Client and will be in addition to the Hire Charges.
17. Retake possession of Equipment
If the Client goes into liquidation or becomes bankrupt during the Hire Period, or Hydroflux terminates the Hire Agreement under clause 9(c), the Client grants Hydroflux the unrestricted right to enter the premises where the Equipment is located without liability for any resulting damage or trespass to retake possession of the Equipment.