Terms & Conditions of Hire

In these terms, the following words have the meanings set out below:

Headings are for convenience only. The singular includes the plural. A reference to a person includes a company. "Including" means including without limitation.

HV Tech Hire hires the Equipment to the Customer on a dry hire basis only. HV Tech Hire does not provide an operator, supervision, testing services or interpretation of results.

The Equipment remains the property of HV Tech Hire at all times. Nothing in this Agreement gives the Customer any ownership interest in it.

HV Tech Hire will arrange delivery and collection of the Equipment to and from the address in the Hire Schedule. Delivery times are estimates only.

All risk in the Equipment passes to the Customer at the Hire Commencement Time and remains with the Customer until the Hire Finish Time.

The Customer must inspect the Equipment on arrival and notify HV Tech Hire of any damage, fault or missing item within 24 hours. If the Customer does not notify HV Tech Hire, the Equipment is taken to have been received complete and in good working order.

At the end of the hire, the Customer must pack the Equipment in the cases supplied, clean and complete, and have it ready for collection at the agreed time and place.

HV Tech Hire will inspect and test the Equipment after return. Its inspection findings are evidence of the Equipment's condition on return unless the Customer shows otherwise.

The Hire Fee is charged for each 24-hour period, or part of a 24-hour period, in the Hire Period, at the rates in the Hire Schedule. The Hire Period includes weekends and public holidays.

The Customer must pay the Shipping Fees set out in the Hire Schedule, or as otherwise quoted.

Cash Customers. Before dispatch, a Cash Customer must:

HV Tech Hire will refund the Bond within 7 Business Days after the Hire Finish Time, less any amount the Customer owes under this Agreement. If the amount owed is more than the Bond, the Customer must pay the difference within 7 days of invoice.

Account Customers. An Account Customer must provide a valid purchase order before dispatch. No Bond is payable.

HV Tech Hire will invoice an Account Customer at the end of the Hire Period, or monthly in arrears where the Hire Period exceeds one month. Invoices are payable within 30 days of the invoice date.

If any amount is not paid when due, HV Tech Hire may charge interest at 10% per annum on the overdue amount, recover its reasonable collection and legal costs, and suspend the Customer's account or refuse further hire.

The Customer must:

The Customer must not, without HV Tech Hire's prior written consent:

For the whole Hire Period, the Customer must hold insurance covering the Equipment for its full replacement value against loss, theft and damage, and public liability insurance of at least $20 million. The Customer must provide certificates of currency on request.

The Customer is responsible for all loss of, theft of, and damage to the Equipment during the Hire Period, however caused, except fair wear and tear.

If Equipment is lost, stolen or damaged, HV Tech Hire may, at its option, arrange repair or replacement and invoice the Customer for the Repair or Replacement Costs.

The Hire Fee continues to accrue until the Equipment is repaired or replaced, or the Customer pays the Repair or Replacement Costs, up to a maximum of 30 days.

The Customer must report any theft to police and provide HV Tech Hire with the police report number within 24 hours of discovering it.

Equipment returned dirty or contaminated will be cleaned at the Customer's cost.

Where applicable, HV Tech Hire will supply the Equipment with a calibration certificate that is current at the Hire Commencement Time.

The Customer is solely responsible for selecting Equipment suitable for its purposes and for the test methods used.

HV Tech Hire is not responsible for the accuracy, interpretation or use of any test results, or for any decision made in reliance on them.

If calibration falls due during the Hire Period, the Customer must return the Equipment for recalibration on request. HV Tech Hire will supply substitute equipment where available.

Nothing in this Agreement excludes, restricts or modifies any right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded.

To the extent permitted by law, HV Tech Hire's liability for breach of a non-excludable guarantee is limited, at its option, to resupplying the Equipment or equivalent equipment, or refunding the Hire Fee.

To the extent permitted by law, HV Tech Hire is not liable for any indirect or consequential loss, including loss of profit, revenue, production, contract or opportunity, downtime, delay, liquidated damages payable by the Customer to third parties, or loss arising from test results.

To the extent permitted by law, HV Tech Hire's total aggregate liability arising out of or in connection with this Agreement is limited to the Hire Fee actually paid by the Customer for the relevant hire.

If the Equipment fails through no fault of the Customer, HV Tech Hire will repair or replace it as soon as reasonably practicable and the Hire Fee will not accrue from notification until the Equipment is repaired or replaced. This is HV Tech Hire's only liability for the failure.

The Customer indemnifies HV Tech Hire against all claims, losses, costs and liabilities, including for death, personal injury and property damage, arising from the Customer's possession, use or transport of the Equipment during the Hire Period or from any breach of this Agreement by the Customer, except to the extent caused by HV Tech Hire's negligence.

The Customer may cancel an order by written notice to HV Tech Hire. The following cancellation fees apply:

If the Customer asks to delay the Hire Commencement Time by more than 1 Business Day after the Equipment has been reserved, HV Tech Hire may charge one day's Hire Fee for each additional Business Day the Equipment is held, or treat the order as cancelled under clause 8.1.

HV Tech Hire may terminate the hire immediately by notice and recover the Equipment if the Customer:

The Customer irrevocably authorises HV Tech Hire and its agents to enter any premises where the Equipment is located at reasonable times to recover it. The Customer must pay HV Tech Hire's reasonable costs of recovery.

If the Equipment is not ready for collection by the expected return date, and HV Tech Hire has not approved an extension in writing, the Customer must pay the Hire Fee for the extra time plus the late return rate in the Hire Schedule for each day of delay.

The parties agree the late return rate is a genuine pre-estimate of HV Tech Hire's loss from being unable to hire the Equipment to others.

If the Equipment is not returned within 14 days after the expected return date, HV Tech Hire may treat it as lost and invoice the Repair or Replacement Costs, in addition to the amounts under clause 9.1.

The Customer acknowledges that this Agreement may create a security interest in the Equipment, including a PPS lease, for the purposes of the PPSA, and consents to HV Tech Hire registering that interest on the Personal Property Securities Register.

The Customer must promptly do anything HV Tech Hire reasonably requires to perfect, register or protect its security interest, and must not register or allow any other person to register an interest in the Equipment.

To the extent the law permits, the Customer waives its right to receive a verification statement, and the parties agree that sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA do not apply.

The Customer must give HV Tech Hire at least 14 days' notice of any change to its name, ABN or address.

All amounts are in Australian dollars and exclusive of GST unless stated otherwise. Where GST applies to any supply under this Agreement, the Customer must pay the GST amount in addition to the price, on receipt of a valid tax invoice.

A party with a dispute must give the other party written notice setting out the details. The parties must meet within 10 Business Days to try to resolve it in good faith.

If the dispute is not resolved within 20 Business Days of notice, either party may refer it to mediation by a mediator agreed between them or, failing agreement, nominated by the Resolution Institute.

This clause does not prevent a party seeking urgent court relief, or HV Tech Hire recovering the Equipment or unpaid amounts.

Notices. Notices may be given by email to the address in the Hire Schedule.

Assignment. The Customer may not assign its rights under this Agreement without HV Tech Hire's written consent.

Variation. HV Tech Hire may update these terms from time to time. The version current at the Hire Commencement Time applies to that hire.

Severance and waiver. An invalid clause is severed without affecting the rest of the Agreement. A delay in exercising a right is not a waiver of it.

Force Majeure. Neither party is liable for any failure or delay in performing its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, floods, fire, pandemic, government restrictions, strikes, or failure of third-party carriers. The affected party must notify the other as soon as practicable. If the event continues for more than 14 days, either party may terminate the Hire by written notice without further liability (other than for amounts already due).

Governing law. This Agreement is governed by the laws of Queensland, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.