The Hire Agreement is the legal agreement between you and Conducive Technologies Pty Ltd (ACN 639 599 803) (Conducive Technologies or We or Us) and applies to all Hardware hired by the hirer (Hirer or You) from Conducive Technologies for the Term.
The Hire Agreement consists of
      (i) these Hardware Hire Terms and Conditions,
      (ii) the Proposal, and
      (iii) any Special Conditions specific to the type of Hardware you have hired.

(a) to hire the Hardware to the Hirer for the Hire Period specified in the Proposal, for the Hirer’s exclusive use of the Hardware during the Hire Period and any agreed extension of the Hire Period;

(b) to provide the Hardware to the Hirer in clean and good working condition; and

(c) to deliver, deploy, manage and/or collect the Hardware if agreed by Us in the Proposal.

(a) The Hire Period commences on the earlier of when (i) the Hirer takes possession of the Hardware, or (ii) if the Hirer requests delivery of the Hardware, the time We deliver the Hardware to the addressor Locations in the Proposal. The Hire Period includes weekends and public holidays.

(b) The Hire Period is completed when the Hardware has been returned to Us, or picked up, or otherwise in Our control or possession, in in the same condition as when it was hired, and on or by the date and time outlined in the Proposal.

(a) The Hirer agrees to pay us the Hire Charge for the Hardware for the Hire Period, including any applicable GST, and including per any rate which applies and the method of calculation. The Hire Charge must be paid prior to or on the commencement date of the Hire Period.

(b) The Hirer will be charged for the hire of Hardware for the full Hire Period. If the Hirer returns the Hardware to Us before the end of the Hire Period, the Hirer is still required to pay all Hire Charge in respect of any minimum hire period.

(c) We may increase the Hire Charge as set out in the Proposal, and as agreed for any further Hardware or subsequent renewals. If the Hirer does not accept the increase in Hire Charge, the Hirer must return the Hardware to Us before the specified date.

(d) In addition to the Hire Charge in the Proposal, the Hirer agrees to pay the following as required:
         (i) for consumables, fuel or trade materials We supply to the Hirer, and refueling costs where the Hirer returns Hardware that requires refueling;
         (ii) for additional charges if the Hirer requires Us to deliver, deploy, manage and/or collect the Hardware, other than as agreed in the Proposal. Additional Hire Charges may apply if the nominated time for delivery or collection of the Hardware is delayed by the Hirer, or is outside of normal business hours, or the Location is outside of the metro area of Our location, or if you cancel within 24 hours of the agreed time.
        (iii) cleaning and repair charges if the Hirer does not return the Hardware in clean and good working condition;
        (iv) any stamp duty or GST arising from this Hire Agreement and any other applicable levies, fines, penalties and any other government charges arising out of the Hirer’s use of the Hardware;
        (v) training costs as agreed with Us, if the Hirer requests operational guidance or training on the use of the Hardware and Our staff provide this, the cost for the provision of these services at rates agreed with Us; and
       (vi) any reasonable charges incurred by Us if we are unable to inspect or carry out maintenance on the Hardware during normal working hours.

(a) The Hirer must pay all Hire Charges and other fees, charges and costs that become due and payable under this Hire Agreement as set out in the invoice.

(b) The Hire Charges are exclusive of GST. If GST is payable on a supply made under or in connection with this Hire Agreement, the party providing the consideration for that supply must also pay, upon the receipt of a valid tax invoice, the GST amount at the prevailing rate as additional consideration.

(c) If the Hirer does not pay an invoice in full by the payment due date, We may charge interest, calculated monthly, on the total outstanding balance, at 2% per month, and We may charge any costs and expenses including payable to agents and legal costs incurred by Us in recovering any unpaid amounts under this Hire Agreement.

(d) If We are required by law to make a deduction or withholding from an amount payable to the Hirer under this Hire Agreement, whether in respect of tax or otherwise, We are entitled to make the deduction or withholding and pay that amount in the manner required to the relevant authority entitled to receive it. The Hirer agrees that it has no Claim against Us for any amounts withheld and paid in accordance with law under this clause. We are entitled to set off against any amount We owe the Hirer, any amount owed to Us by the Hirer or any amount owed to Us by any of the Hirer’s Related Bodies Corporate.

(e) The Hirer is not entitled to set-off or withhold payment to Us. the Hirer must raise any dispute on Our invoices within 14 days of the date of the invoice.

(a) If We have agreed to deliver the Hardware, we agree to deliver it to the Locations, and the Location(s) must be accessible at the start and end of the Hire Period.

(b) If We have agreed to deploy and manage the Hardware, we will do so per the Statement of Work, at the Locations, including to manage the placement, mast raising, movement, transport and the checks of the Hardware at the Locations.

(c) If the Hirer has agreed to deploy the Hardware, it must manage the placement, mast raising, movement, transport and the checks of the Hardware, and must follow any Special Conditions provided by Us including any Checklist. (d) If We have agreed to collect the Hardware, it must be available for collection at the Location(s), no later than the same time at which the hire commenced, e.g. 8am. If the Hardware is not ready for collection, We reserve the right to charge additional Hire Charges. The Hirer must ensure it is kept safe and secure until the time of collection.

(e) If the Hirer has agreed to return the Hardware, the Hirer agrees to return the Hardware to Our address on or before the end of the Hire Period as outlined in the Proposal, during ordinary business hours.

(a) The Hirer agrees that the use of the Hardware carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.

(b) The Hirer must satisfy itself as to the suitability and condition of the Hardware, that it complies with its description, is in merchantable condition and is fit for the Hirer’s purpose. We make no representations and give no guarantee or warranty that the Hardware is suitable for the Hirer’s intended purpose.

(c) The Hirer is responsible and liable for all information in the Statement of Work, for the suitability and safety of Locations, and for the Hardware in the Locations.

(d) The Hirer must:
(i) ensure any person collecting or taking delivery of the Hardware is authorised to do so;
(ii) conduct a site and job safety analysis prior to providing the Locations and deploying and using the Hardware;
(iii) use the Hardware in a good and careful manner and only for the purpose for which it was designed by the manufacturer and in accordance with the manufacturer’s instructions;
(iv) operate the Hardware safely and strictly in accordance with all applicable laws and ensure the Hardware is stored safely and securely at all times;
(v) display all safety signs and instructions as required by law and ensure that all instructions and signs are observed by operators of the Hardware;
(vi) ensure its personnel collecting, erecting, deploying, operating, managing and moving the Hardware:
(i) are suitably trained on its safe and proper use;
(ii) are appropriately qualified and where necessary, hold a current required licence to operate the Hardware;
(iii) wear suitable clothing and protective equipment when operating the Hardware as reasonably required or otherwise specifically recommended by Us or the manufacturer;
(iv) are not under the influence of drugs or alcohol or have illegal, prohibited or dangerous substances in, on or around the Hardware;
(vii) keep the Hardware in good condition and in accordance with the manufacturer’s and Our instructions, at the Hirer’s own cost, and comply with the manufacturer’s requirements and recommendations regarding the Hardware;
(viii) ensure the safe loading, securing, set-up and transporting of all Hardware in accordance with and the Hire Agreement and all laws and manufacturer’s guidelines;
(ix) ensure the Hardware is thoroughly cleaned when returned to Us or collected by Us (as agreed in the Proposal) or at the end of the Hire Period, and if not, the Hirer will pay Us the reasonable costs for cleaning the Hardware; and
(x) ensure the Hardware is in the same condition and good working order as when the Hirer received it, Fair Wear and Tear excepted, when returned to Us or collected by Us (as agreed in the Proposal) or when the Hire Period ceases.

(e) Unless the Hirer obtains Our prior written consent, the Hirer must not:
(i) alter, modify or attach anything to the Hardware unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Hardware;
(ii) deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Hardware; or
(iii) remove the Hardware from the State or Territory in which the Hirer hired it without Our prior written consent.

(f) This Hire Agreement is personal to the Hirer, and the Hirer must not allow or authorise any other person or entity to use, re-hire or have possession of the Hardware unless expressly agreed by Us in writing. The Hardware must not be used by anyone other than the Hirer.

(a) If the Hardware breaks down, becomes unsafe or is damaged as a result of Fair Wear and Tear or Our misconduct or negligence: then upon receiving notice from the Hirer, We will take all reasonable steps to repair the Hardware or provide a suitable replacement, at Our cost, as soon as reasonably possible and not impose a Hire Charge for that portion of the Hire Period during which the Hardware was broken down or unsafe.

(b) If the Hardware breaks down, becomes unsafe, is lost, stolen or damaged, other than as a result of Fair Wear and Tear or Our misconduct or negligence:
(i) the Hirer is responsible for all loss or damage to the Hardware and We will take all reasonable steps to recover, repair or replace the Hardware as soon as reasonably possible;
(ii) the Hirer is liable for the costs and expenses to recover, repair or replace the Hardware, and the Hire Charges for the portion of the Hire Period during which the Hardware was broken down, unsafe, damaged and/or being recovered, repaired or replaced, and
(iii) the Hirer must immediately on request pay Us the new list price of the Hardware that is destroyed, written off or not returned to us;

(c) If the Hardware breaks down, becomes unsafe, is lost, stolen or damaged for any
reason, the Hirer must:
(i) in the case of damage, unsafe use or breakdown, immediately stop using the Hardware;
(ii) immediately notify Us with full details of the incident;
(iii) take all steps necessary to prevent injury or damage to persons or property and to prevent further damage to the Hardware;
(iv) not repair or attempt to repair the Hardware without Our written consent;
(v) return the Hardware to Us at the Hirer’s expense, unless agreed by us; and
(vi) in the case of theft, promptly notify Us and report the incident to the police and provide Us with a police report.

The Hirer warrants that:

(a) the Hardware will be used in accordance with the conditions outlined in the Proposal and any Statement of Work;

(b) the particulars in the Proposal and any Statement of Work are correct in every respect and are not misleading in an way including, without limitation, by omission;

(c) the Hirer holds a valid licence or permit valid for the type of Hardware hired;

(d) the Hardware will not be used for any illegal purpose;

(e) the Hirer will not, without Our prior written consent, modify, or permit any modification of, the Hardware;

(f) the Hirer will not encumber the Hardware or allow the Hardware to be encumbered or pledge the Hardware as security in any manner; and

(g) the Hirer will comply with all applicable laws regarding the Hardware, operations and Locations, including but not limited to environmental, occupational health and safety laws.

(a) To the full extent permitted by law and whether arising in contract, tort (including negligence), equity, warranty, indemnity, statue or otherwise, notwithstanding any other clause of the Hire Agreement:
(i) Our only obligation resulting from any Claims or Liability arising out of or in connection with the Hire Agreement or the Hardware is the supplying of the Hardware again or the repair of the Hardware;
(ii) Our total aggregate Liability for any Claims or Liability arising out of or in connection with the Hire Agreement or the Hardware is limited to an amount equal to the Hire Charges paid by the Hirer under this Hire Agreement;
(iii) We are not liable for any Consequential Loss howsoever caused, or for any Claims or Liability suffered or incurred by third parties or caused by events outside of Our control; and
(iv) all guarantees, terms, conditions, warranties, undertakings or representations whether express or implied, statutory or otherwise, relating to this Hire Agreement are excluded.

(b) Where We are not able to exclude a guarantee, term, condition, warranty, undertaking or representation by law in relation to this Hire Agreement (a Non–Excludable Provision), then Our Liability for breach of a Non-Excludable Provision is limited to (at Our option) in the case of goods, the repair or replacement of the goods or the supply of substitute goods (or the cost of doing so), or in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

(c) Nothing in the Hire Agreement excludes any rights the Hirer may have under the Australian Consumer Law or other law if, and to the extent that, those rights may not be lawfully excluded or modified under the Hire Agreement.

(d) The Hirer assumes all risks and liabilities for any and all Claim or Liability, including all injury and/or damage caused to persons and property, suffered or incurred as a result of or in connection with the Hardware or this Hire Agreement, except to the extent that the Claim or Liability was caused by our gross negligence, fraud or willful misconduct.

The Hirer is liable for and irrevocably indemnifies and holds Us harmless against any and all Claim or Liability, including all injury and/or damage caused to persons and property, suffered or incurred as a result of or in connection with the Hardware or this Hire Agreement. Your indemnity is reduced if and to the extent that the Claim or Liability was caused by our gross negligence, fraud or willful misconduct.

(a) Either party may terminate this Hire Agreement and any Hire Period immediately by giving notice to the other party, if:
(i) the other party breaches any term of the Hire Agreement and fails to remedy the breach within 7 days of written notification of the breach; or
(ii) the other party becomes bankrupt or insolvent, executes a personal insolvency agreement, enters into liquidation, administration, receivership or ceases to carry on business, subject to any rights the Hirer may have under the Corporations Act 2001 (Cth).

(b) We may terminate the Hire Agreement and any Hire Period for any reason on 24 hours’ written notice.

(c) We may terminate the Hire Agreement immediately if a matter set out in clause 12(a) occurs, the Hirer or any third party has made a false statement or breached any provision of the Hire Agreement, or The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement, or if a writ of attachment or execution is levied on the Hardware and is not released or satisfied within 10 days. These are each events of default (each an Event of Default).

(d) The rights of termination are in addition to any other rights either party has under the Hire Agreement and do not exclude any right or remedy available under law or equity.

(a) On the occurrence of an Event of Default, We are entitled to pursue any one or more of the following remedies (Remedies):
(i) declare the entire amount of the Hire Charge for the Term immediately due and payable without notice or demand to the Hirer;
(ii) take possession of the Hardware, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession;
(iii) commence legal proceedings to recover the Hire Charge and other obligations accrued before and after the Event of Default;
(iv) terminate this Agreement immediately upon written notice to the Hirer; or
(v) pursue any other remedy available in law or equity.

(a) Until the parties have complied with this clause, a party must not commence any action, bring any proceedings or seek any relief or remedy in a court, except to seek urgent injunctive or declaratory relief.

(b) Where any dispute arises under this Hire Agreement, a party may give notice to the other party setting out the material particulars of the dispute (the Dispute Notice).

(c) Within 10 Business Days of the Dispute Notice (or any other period agreed in writing between the parties), the parties (or their nominees) must meet to attempt to resolve the dispute.

(d) If the dispute is not resolved within 20 Business Days of the Dispute Notice, either party may commence legal proceedings.

(a) Subject to this clause, We own the Hardware and retain title to the Hardware at all times. The Hirer’s rights to use the Hardware are as a bailee only. We may hire or lease Hardware from a third party (Third Party Owner). Title in the Hardware owned by a Third Party Owner remains with the Third Party Owner at all times.

(b) The Hirer does not have any right to pledge Our credit in connection with the Hardware and agrees not to do so. The Hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the Hardware and not to conceal or alter the Hardware or make any addition or alteration to, or repair of, the Hardware. The Hardware is not and cannot be deemed to be a fixture.

(c) Where the Hirer owns the Hardware and has engaged Us to provide deployment and management services, clauses 15(a) and (b),16, 17 and 18 do not apply to the Hirer. The Hirer must maintain current insurance policies in respect of all equipment it engages Us to deploy and manage.

(a) The Hirer acknowledges and agrees this Hire Agreement constitutes a security agreement and a PMSI for the purposes of the PPSA and a security interest is taken in all Hardware previously supplied by Us (if any) and all Hardware that will be supplied in the future by Us during the parties’ relationship.

(b) The Hirer agrees to do anything (including obtaining consents, signing or producing any further documents, and/or providing any further information) which We ask and consider necessary for the purposes of ensuring that the security interest is enforceable, perfected and otherwise effective; and/or enabling Us to apply for any registration, complete any financing statement, financing change statement or give any notification, in connection with the security interest; and/or enabling Us to exercise rights in connection with the security interest.

(c) Our rights under these Terms are in addition to and not in substitution for Our rights under other law (including the PPSA) and We may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt, Our security interest will attach to proceeds.

(d) The Hirer waives any rights it may have to receive notices under sections 95, 118, 121(4), 130,132(3)(d), 132(4), 134(1) and 135 and 157 of the PPSA and under sections 142 and 143 of the PPSA. The parties agree that sections 96 and 117 of the PPSA do not apply to these terms and conditions.

(e) We and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPSA continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing Us the benefit of section 275 (6)(a) and We will not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.

(a) We will maintain current insurance policies in respect of the Hardware to its full insurable value.

(b) The Hirer must have insurance that covers loss, theft or damage to the Hardware for the full replacement value of the Hardware, and that covers any Claim or Liability including all injury and/or damage caused to persons and property suffered or incurred as a result of or in connection with the Hardware or the Hire Agreement, with a reputable insurer, maintained for the Term.

(c) On request, you must name Us as an interested party on the policy and provide Us with certificates of currency of your insurance prior to commencement of the Hire Period.

(d) The Hirer is solely responsible for any premiums, excess and any other costs associated with the Hirer’s insurance, and any shortfall to the extent any proceeds received under the Hirer’s insurance policies do not cover the Hirer’s total Liability arising under the Hire Agreement.

(a) The Hirer will report and pay all taxes, fees and charges associated with the Hardware, with the use of the Hardware, and with revenues and profits arising out of the use of the Hardware, including, but not limited to, sales taxes, property taxes, and licence and registration fees, on or before the date on which the payment is due. The Hirer will pay any and all penalties and interest for failure to report required information to any taxing authority with jurisdiction over the Hirer or the Hardware. If the Hirer fails to perform the obligations in this clause, We may, but are not obligated to, do so at the Hirer’s expense.

(b) Notwithstanding any other provision of this Agreement, the Hirer will not be required to pay any tax, fee or charge if the Hirer is contesting the validity of same in the manner prescribed by the legislation governing the imposition of same, or in the absence of a prescribed form, in a reasonable manner. However, the Hirer will indemnify and reimburse Us for damages and expenses incurred by Us arising from or related to the Hirer’s failure to pay any tax, fee or charge, regardless of whether the Hirer is contesting the validity of the same or not.

(c) If the Hirer fails to pay any and all taxes, fees, and charges mentioned in this Agreement and We, on behalf of the Hirer, pays the same, the Hirer will reimburse Us for the cost upon notification from Us of the amount.

(a) Each party will, and will ensure that its personnel will, keep any Confidential Information it receives under this Hire Agreement confidential and will not disclose such Confidential Information without the prior written consent of the other party.

(b) The obligations contained in this clause do not apply to disclosures to the extent that they are required by law (including disclosure to any stock exchange), or made to legal advisers, accountants or auditors, or required to enable the disclosing party to make or defend any Claim under this Hire Agreement.

(a) We will comply with the Australian Privacy Principles in all dealings with the Hirer.

(b) We may need to collect personal information about the Hirer, including the Hirer’s full name and address, drivers licence details, date of birth, and credit or business history. The Hirer consents to Us using the Hirer’s personal information in order to fulfill functions associated with the hire of Hardware to the Hirer, including assessing the Hirer’s credit worthiness, or exercising Our rights, provide services to the Hirer, prevent theft of Our Hardware, enter into contracts with the Hirer or third parties, and market to the Hirer and maintain a client relationship with the Hirer.

(c) The Hirer consent to Us disclosing the Hirer’s personal information: (i) to any credit provider or credit reporting agency for the purposes of obtaining information about the Hirer’s consumer or commercial credit or business history or the Hirer’s commercial activities or credit worthiness; and (ii) to Our service providers, contractors and affiliated companies from time to time to help improve and market Our services to the Hirer.

(d) The Hirer has the right to access the personal information We hold about the Hirer. Our privacy policy is available upon request or on our website.

(a) If a party (the Affected Party) is prevented, in whole or in part, from carrying out its obligations under this Hire Agreement (other than an obligation to pay Hire Charges) (the Affected Obligations) as a result of Force Majeure:
(i) the Affected Obligations are suspended;
(ii) the Affected Party must: (i) use reasonable endeavours to overcome the effects of the Force Majeure as soon as reasonably practicable; (ii) take all reasonable steps to mitigate the impact of the Force Majeure on the Affected Obligations; and
(iii) unless this Hire Agreement is terminated, the Affected Party must resume performance of the Affected Obligations as soon as possible after the Force Majeure ceases.

(b) If an event of Force Majeure continues for a continuous period of 90 days or more, then either party may terminate this Hire Agreement by written notice to the other.

(c) The Hirer remains liable to pay Hire Charges for the Hire Period whilst the Hardware is not in Our possession.

(a) This Hire Agreement constitutes the entire agreement between the parties and supersedes all previous communications or agreements, whether oral or written, relating to the subject matter of this Hire Agreement.

(b) Time is of the essence for all payments and all of the Hirer’s obligations under the Hire Agreement.

(c) The covenants, agreements and obligations contained in this Agreement will not merge or terminate upon the termination of this Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.

(d) Any waiver of rights will not be deemed a waiver unless it is in writing and signed by an authorised officer of the party waiving such rights and any such waiver will only operate to the extent so specified.

(e) If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

(f) We may assign this Hire Agreement to any third party without the Hirer’s consent (including a Related Body Corporate).

(g) This Agreement will be construed in accordance with and governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales there in connection with matters concerning this Agreement.

(a) In this Agreement, unless the context otherwise requires:
(i) A reference to the singular includes the plural and vice versa;
(ii) A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
(iii) A reference to an individual will include corporations and vice versa; (iv) If a word or expression is defined, its other grammatical forms have a corresponding meaning; and
(v) “including” and similar words do not imply any limitation.

(b) In this Agreement, the following definitions apply:
(i) Australian Consumer Law means the law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(ii) Australian Privacy Principles means the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).
(iii) Checklist means a checklist provided by Us for that Hardware.
(iv) Claim means any claim made whether in the form of an allegation, demand, suit, action or other proceeding, as a result of or in connection with the Hire Agreement or the Hardware, whether arising out of, caused or contributed to by breach of contract, in equity, statute, warranty, negligence or any other tort, strict liability or any other cause.
(v) Conducive Technologies/We/Us/Our means Conducive Technologies Pty Ltd (ACN 639 599 803) and any Related Body Corporate and their successors and assigns.
(vi) Confidential Information means each party’s information made available to the other at any time concerning the business, operations, finances, plans or contractors of the disclosing party, including customer lists and pricing information and including any information that is derived from such information, but does not include information which is or becomes public knowledge other than by a breach of this Hire Agreement, or is independently known to, or developed by, the receiving party as evidenced by the receiving party’s written records.
(vii) Consequential Loss means indirect or special or consequential loss or damage, loss of actual or anticipated profit, loss of use, loss arising from delay, loss of business, business interruption or shutdown, loss of overhead, loss of contract, loss of revenue, or loss of opportunity or wasted costs whether caused or contributed to by breach of contract, in equity, statute, warranty, negligence or any other tort, strict liability or any other cause.
(viii) Hardware means any equipment provided by Us to the Hirer under the Hire Agreement, including any associated or attached tools, accessories and parts available for hire.
(ix) Fair Wear and Tear means normal deterioration which could be reasonably expected over the Hire Period under normal operating conditions having regard to the condition, age, existing wear and other specific characteristics of the Hardware.
(x) Force Majeure means events that are beyond the reasonable control of a party and that cause or result in the default or delay in the performance by the Affected Party of any of its obligations under this Hire Agreement and that the Affected Party could not reasonably have been expected to have foreseen, prevented, avoided or overcome including acts of God, weather conditions or events, pandemics, war, terrorism, civil commotion, riots, embargoes, industrial disputes, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.
(xi) Hire Charge means the fees, rates and charges payable by the Hirer for the hire of the Hardware.
(xii) Hire Period means the longer of the period in the Proposal, or from collecting or taking delivery of the Hardware to the return of the Hardware to Us.
(xiii) Hirer/You/Your refers to the person, firm, organisation, partnership, corporation, trust or other entity hiring Hardware, as specified in the Proposal, from Us including any of your employees, agents and contractors.
(xiv) Liability includes all liability, claims, damage, loss, costs and expenses, actions, suits, (including legal fees, costs and disbursements on a full indemnity basis) and any environmental loss, cost, damage or expense, including but not limited to the cost of any recovery, repair or replacement of the Hardware or any Hire Charges during the period the Hardware is not available due to any loss, theft or damage.
(xv) Locations means the locations provided by you and agreed with us, including in the Proposal, Statement of Work or ancillary documents including maps.
(xvi) PMSI has the meaning given in the Personal Property Securities Act 2009 (Cth).
(xvii) PPSA means the Personal Property Securities Act 2009 (Cth) and any other legislation and regulations in respect of it, and the following words have the respective meanings given to them in the PPS Act: financing change statement, financing statement, purchase money security interest or PMSI, register, registration, security interest, security agreement.
(xviii) Proposal means Our hire proposal, scope of works or quotation and any agreed subsequent proposals, scope of works or quotations.
(xix) Related Body Corporate has the same meaning as in the Corporations Act 2001 (Cth).
(i) Special Conditions means any conditions provided by Us for that Hardware including a Checklist.
(ii) Statement of Work means any statement of work and ancillary documents including maps, provided by you and agreed with us.
(iii) Term means from the date of the Hire Agreement to the date the Hire Agreement is terminated in accordance with its terms.