Terms & Conditions-Rentals

BACKGROUND

1. These Terms and Conditions (‘Terms’) govern our Equipment Hire Agreement (‘Agreement’).
2. Except where context requires otherwise, the words ‘Terms’ and ‘Agreement’ shall refer collectively to both the Terms and the Agreement.
3. The Owner is Pipli Truck Rentals Pty Ltd of 13-15 Clyde Street, WINGFIELD, SA, 5013 (‘Owner’).
4. The Hirer is the person identifiedon the Agreement (‘Hirer’).
5. The Owner is the proprietor of the equipment listed in the Schedule to the Agreement (‘Equipment’).
6. The Hirer will hire the Equipment specified in the Schedule from the Owner upon the terms and conditions in the Agreement and Terms of Service.

OPERATIVE PROVISIONS

1. 1. Identity and authority

   1. 1.1 The Hirer’s identifying information includes the Hirer’s name, ABN, ACN, address, telephone numbers, email address, other contact details, and other identifying information provided to the Owner from time to time (‘Identifying Information’).
   2. 1.2The Hirer agrees to notify the Owner in writing if the Hirer’s Identifying Information changes.
   3. 1.3 The Hirer warrants that the person signing the Agreement has authority to do so.
   4. 1.4 The Hirer warrants that any Agreement signed by an employee or agent of the Hirer will bind the Hirer and constitute the Hirer’s hire of the Equipment referred to in the Schedule.
   5. 1.5 The Hirer agrees that the Hirer and each person who has signed the Agreement are jointly and severally liable for all amounts and obligations under the Agreement.

2. 2. Hire of Equipment

   1. 2.1 The hiring of the Equipment will commence from the commencement date specified in the Schedule and continue for the term specified in the Schedule.
   2. 2.2 The Hirer is entitled to use the Equipment for the hire period as outlined in the Schedule (‘Hire Period’) and for any agreed extension of the period.
   3. 2.3 The Hirer agrees to return the Equipment to the address of the Owner on or before the end of the Hire Period and at or before the Return Time as outlined in the Schedule.
   4. 2.4 The Owner will not refund any hire fee monies if the Hirer elects to return the Equipment prior to the end of the Hire Period, regardless of reason.

3. 3. Payment for rental

   1. 3.1The Hirer agrees to pay the Owner the daily hire fee specified in the Schedule (‘HireFee’) for the Equipment for the Hire Period, which includes any applicable GST.
   2. 3.2 Unless the Owner agrees otherwise in writing or the Hirer has a credit account with the Owner, the Hire Fee must be paid to the Owner prior to or on the commencement date of the Hire Period.
   3. 3.3If the Owner agrees to provide a credit account to the Hirer, then the Hire Fee must be paid within the number of days specified in the Schedule (‘Credit Term’) from the date of the Agreement.
   4. 3.4 Payments must be made in any manner reasonably required by the Owner.
   5. 3.5 Rental payments must be made even if there is a seizure or defect in or breakdown of the Equipment. If the Hirer proves to the Owner that the fault was not related to the Hirer’s use of the Equipment, then the Owner may refund the Hirer a portion of the Hire Fee corresponding to the period in which the Equipment was unusable.
   6. 3.6Equipment must be returned to the depot of origin unless the Owner agrees otherwise in writing. If the Hirer fails to return the Equipment to the Ownerat or before the Return Time on or before the end date of the Hire Period then, despite the Hire Period ending, the Hirer must continue to pay the Hire Fee until:
   1. the Owner is able to reinstate the Equipment to a satisfactory condition; or
   2. the Hirer pays the Owner the cost of reinstating the Equipment to a satisfactory condition
   7. 3.7 Clauses 3.4 and 3.5 extend the Hirer’s payment obligations. They do not mean that the Owner has agreed to vary the Hire Period or that the Hirer may unilaterally extend the Hire Period beyond the end date of the Hire Period.
   8. 3.8If the Equipment is driven further than the Included Distance as outlined in the Schedule, then the Hirer agrees to pay such Additional Distance charges as are outlined in the Schedule.

4. 4. Late payments and interest

   1. 4.1 The Owner may require payment of the interest rate the Owner’s bank charges for overdrafts of up to $100,000.00 at the time a payment falls due (‘Rate’)..
   2. 4.2 If any payment the Hirer must make is overdue, the Hirer agrees to pay interest at the Rate calculated daily from the date the payment was due until the payment is received in full bythe Owner.

5. 5. Use and operation of Equipment

   1. 5.1 The Hirer agrees that the use of the Equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.
   2. 5.2 Unless the Hirer obtains the prior written consent of the Owner, the Equipment must not be used by anyone other than the Hirer.
   3. 5.3 The Hirer will comply will all relevant laws in using the Equipment including, without limitation, naming the Owner as owner of the Equipment in any permits obtained.
   4. 5.4 The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations, respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
   5. 5.5 The Hirer will comply will all relevant laws in using the Equipment including, without limitation, naming the Owner as owner of the Equipment in any permits obtained.
   6. 5.6 The Hirer agrees not to subject the Equipment to load weights above the manufacturer’s rated capacity or any use that causes tyre wear beyond what we consider reasonable for the Equipment.
   7. 5.7 The Hirer will keep the Equipment at the Hirer’s place of business. This clause shall apply notwithstanding that the Owner has permitted the use of the Equipment by persons other than the Hirer.
   8. 5.8The Hirer will use due care to prevent damage, loss, or destruction of the Equipment.
   9. 5.9The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose. This includes, but is not limited to, not conducting any work of any kind on or in relation to the Equipment which may void the manufacturer’s warranty of the Equipment.
   10. 5.10The Hirer agrees to comply with all work health and safety laws relating to the use of the Equipment and related operations.
   11. 5.11The Hirer will not interfere, or permit another person to interfere, with the odometer. The Hirer agrees that the odometer reading is conclusive evidence of the distance travelled by the Equipment. If the Owner has reasonable grounds for suspecting that it has been tampered with during the Hire Period, then the Hirer agrees to pay such additional amounts as the Owner may reasonably determine in respect of the distance travelled by the Equipment and any loss the Hirer may suffer.
   12. 5.12Unless the Hirer obtains the prior written consent of the Owner, the Hirer must not alter, modify, or attach anything to the Equipment unless the alteration, modification, or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.

6. 6. Maintenance of Equipment

   1. 6.1 The Owner is responsible for all scheduled maintenance of the Equipment. A portion of this cost shall be included in the Hire Fee.
   2. 6.2The Hirer must contact the Owner and return the Equipment to the Owner every 30,000 km or 3 months, whichever occurs first, for scheduled maintenance.
   3. 6.3 The Hirer agrees to keep the Equipment in good mechanical and general working order and condition.
   4. 6.4 The Hirer must ensure that all recommended oils and fluids are kept to their proper levels in the Equipment’s engine, gearbox, transfer case, front axel, rear axel, power steering, clutch system, and brake system..
   5. 6.5 The Hirer must ensure the radiator is kept clean and full of coolant.
   6. 6.6 The Hirer must fill the Equipment with only the fuel type specified by the manufacturer of the Equipment
   7. 6.7 The Hirer must keep the Equipment’s tyres inflated at the correct pressure. If any tyre is damaged, the Hirer will pay the Owner the replacement cost of the tyre or tube.
   8. 6.8 The Hirer must not smoke, or permit another person to smoke, whilst in the Equipment. In the event that there are signs of smoking in the Equipment, the Hirer will pay the Owner for any stain removal, deodorising, and repairs caused by smoking
   9. 6.9 The Hirer must notify the Owner of any fault developing in the Equipment and will not drive or operate the Equipment if it becomes unsafe or further damage is likely to occur to the Equipment.
   10. 6.10 The Hirer must ensure the Equipment is returned to the Owner with all tools, spares, and accessories in good condition and in place. In the event any tools, spares, or accessories are missing or damaged, the Hirer will pay the Owner the reasonable costs for their replacement or repair
   11. 6.11 The Hirer must return the Equipment to the Owner full of fuel. In the event the Equipment is not full of fuel when it is returned, the Owner will charge the Hirer for the cost of the missing portion of the fuel at the Price Per Litre as outlined in the Schedule.
   12. 6.12 The Hirer must ensure the Equipment is returned to the Owner thoroughly cleaned. In the event that the Equipment is not thoroughly clean when returned to the Owner, the Hirer will pay the Owner the reasonable costs for cleaning the Equipment.
   13. 6.13 The Hirer understands that it may take up to 48 hours for the Owner to clean the Equipment and conduct a thorough inspection on the condition of the panels, paint, mechanical, and undercarriage damage and missing tools, spares, and accessories.
   14. 6.14 The Hirer agrees that the Hirer will be liable for any repairs or assistance required to the Equipment if the Equipment is damaged or breaks down outside South Australia. For the avoidance of doubt, the Hirer agrees that the Owner is not liable to provide any roadside assistance or any other assistance to the Equipment or the driver or operator of the Equipment if the Equipment breaks down or requires repair outside of South Australia.

7. 7. Hirer’s warranties

   The Hirer warrants that:

   1. 7.1 The Equipment will be used in accordance with the conditions outlined in the Schedule;
   2. 7.2 The particulars in the Schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
   3. 7.3 The Hirer holds a valid current driver’s licence, operating licence, or permit valid for the type of Equipment hired;
   4. 7.4 The Equipment will not be used for any illegal purpose;:
   5. 7.5 The Equipment will not be used to carry more passengers than may be properly accommodated by the seat belt restraints provided in the Equipment;
   6. 7.6 The Equipment will not be used to make any unsafe or impractical water crossing;
   7. 7.7The Hirer’s vehicle is suitable for towing or transporting the Equipment;
   8. 7.8The Hirer will not, without prior written consent of the Owner, modify, or permit any modification of, the Equipment in any way;
   9. 7.9The Equipment complies with its description, is in merchantable condition, and is fit for the Hirer’s purpose
   10. 7.10The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner; and
   11. 7.11The Hirer will not alter, deface, or remove any identifying number, mark, or plate on the Equipment

   12. 8. Taxes

       1. 8.1 Vehicle registration of the Equipment (if relevant) shall be the responsibility of the Owner.
       2. 8.2 The Hirer will report and pay all taxes, fees, and charges associated with the Equipment, with the use of the Equipment, and with revenues and profits arising out of the use of the Equipment, including, but not limited to, sales taxes, property taxes, and licence fees.
       3. 8.3The Hirer will pay any and all penalties and interest for failure to pay any tax, fee or charge 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 Equipment. If the Hirer fails to perform the obligations in this clause, the Owner may, but is not obligated to, do so at the Hirer's expense.
       4. 8.4 Notwithstanding any other provision of the 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 the Owner for damages and expenses incurred by the Owner 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.
       5. 8.5 If the Hirer fails to pay any and all taxes, fees, and charges mentioned in the Agreement and the Owner, on behalf of the Hirer, pays the same, the Hirer will reimburse the Owner for the cost upon notification from the Owner of the amount.

   13. 9. Loss, damage, or breakdown of Equipment

       1. 9.1 The Hirer will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred (normal wear and tear excepted) during the Hire Period.This clause applies regardless of whether the Hirer or one of its contractors (or subcontractors) is in control or possession of the Equipment
       2. 9.2 Except to the extent of any negligence on the Owner’spart:
       1. The Hirer must return the Equipment to the Owner as soon as practicable;
       2. The Hireris responsible for any and all costs associated with the recovery of the Equipment, including any travel, storage, and other reasonably incurred charges associated with the Owner recovering possession of the Equipment unless otherwise agreed in writing by the Owner; and
       3. The Hirer must not attempt to repair the Equipment without the prior written agreement of the Owner
       3. 9.3 For the avoidance of doubt, the Hirer must continue to make payments of the Hire Fee until the Hirer’s obligations under this clause have been fully met under this clause.

   14. 10. Damage Waiver Fee

       1. 10.1 Damage Waiver
       1. The Owner’s ‘Damage Waiver’ is not insurance. It is an agreement by the Owner to limit the Hirer’s liability in certain circumstances.;
       2. The Hirer is not required to pay the Damage Waiver Fee if the Hirer obtains insurance and complies with clause 11. Otherwise, the Hirer must pay the Damage Waiver Fee specified in the Schedule in addition to and at the same time as the Hirer pays the Rental Fee.
       3. In return for payment of the Damage Waiver Fee, and subject always to the exclusions in clauses 10.2 and 10.3, the Hirer’s maximum liability to the Owner for each separate instance of damage to or loss of the Equipment, or for damage to third party property caused whilst using the Equipment, will be the Damage Waiver Excess specified in the Schedule.
       4. In some circumstances, the Damage Waiver Excess may be charged by the Owner more than once.This is because it applies in respect of each separate instance of damage to or loss of the Equipment or third party property
       5. The Damage Waiver does not cover damage that exceeds $1,000,000.00 per instance or event – see clause 10.3.13 below – and the Hirer will remain liable for any damage or loss exceeding that amount.
       6. The Damage Waiver does not cover loss of or damage to personal property or goods being carried.
       2. 10.2 Age / Experience Excess
       1. Where loss or damage occurs to the Equipment or third party property and the driver or operator of the Equipment at the time:
       1. is at least 21 years of age but under 25 years of age; or
       2. has less than 2 years relevant experience in the use of equipment similar to the Equipment,
       2. For the avoidance of doubt, the Hirer will be liable for all loss or damage where the driver or operator is under 21 years of age.
       3. 10.3 The Hirer Remains Fully Liable

       Even though the Hirer has paid the Owner a Damage Waiver Fee, the Hirer remains fully liable to the Owner and to third parties if the loss or damage to the Equipment or any third party property:

       1. arises from the Hirer’s breach of the Agreement;
       2. arises from the Hirer’s failure to take all reasonable precautions against that loss or damage;
       3. is due to the Hirer’s failure to:
       1. store the Equipment in a lockable yard or garage when not in use; or
       2. take all reasonable precautions to avoid the theft of the Equipment when in use;
       4. is due to improper use of the Equipment, including:
       1. Driving whilst exceeding relevant limits of design, weight, or dimension, including excess height; or
       2. Racing, pace-making, reliability trial, speed attempt, hill climbing and the like;
       5. is due to the Hirer’s negligence, recklessness, or failure to comply with all applicable laws, codes, and standards relating to use of the Equipment;
       6. is caused by unauthorised repairs or alterations to the Equipment;
       7. is due to the use of the Equipment by a person:
       1. who has a blood alcohol concentration exceeding the lawful percentage or is otherwise under the influence of alcohol;
       2. who returns a positive reading for or is under the influence of recreational drugs or other illicit substances;
       3. whose ability to safely operate the Equipment is or may be affected by prescription medications; or
       4. Who has refused to undertake a breath analysis test or blood alcohol or drug test from a police officer or other authorised officer;
       8. is due to the Equipment becoming unsafe or unroadworthy whilst under the control of the Hirer, where the hirer should reasonably have been aware of that fact;
       9. Occurs whilst the driver or operator of the Equipment:
       1. does not hold the applicable licence for the operation of the Equipment or any licence at all;
       2. has had his or her driver’s licence suspended or cancelled for any reason;
       3. is not otherwise authorised to operate the Equipment;
       4. has not held the appropriate class of driver’s licence for the Equipment for at least two (2) years;
       5. (in the case of articulated vehicles) is not experienced in the use of the Equipment and this fact has not been disclosed in writing to the Owner in advance; or
       6. is under 21 years of age;
       7. is due to fraud;
       8. is caused by or includes fines and any other penalties issued in respect of the Equipment or its use until the Hirer returns the Equipment to the Owner;
       9. results from radioactive, chemical, or biological contamination;
       10. exceeds $1,000,000.00 per instance or event, in which case the Hirer will be liable for all loss or damage exceeding that amount;
       11. is caused whilst the Equipment is underground, or from aviation, or airport, or airside activities;
       12. is caused by water;
       13. is caused to the undercarriage of the Equipment;
       14. is caused to the roof, either internal or external, of the Equipment; or
       15. results from the carrying of hazardous or dangerous goods.
       10. For the avoidance of doubt, where any exclusion in clause 10.3 is contrary to law, it will be severed and the clause read as if the exclusion did not appear in the Agreement.

   15. 11. Insurance

       1. 11.1The Owner will maintain current insurance policies in respect of the Equipment to its full insurable value
       2. 11.2 The Hirer must obtain comprehensive motor vehicle insurance for:
       1. the Equipment to its current market value; and
       2. damage to third party property (to an amount the Hirer decides being not less than $20,000,000.00 per instance or event);
          ‘Trailer in Control’ insurance is not sufficient; the Equipment must be comprehensively insured. The Hirer should check the insurance carefully; it may not include the cost of recovering the Equipment, its storage, and any other costs that the Hirer is liable to pay under clause 9 for Equipment that is lost, damaged, or broken down.
       3. 11.3 The Hirer must provide the Owner with a certificate of insurance naming the Owner as an interested party in the policy on request. Insurance must be arranged with an insurer reasonably acceptable to the Owner.
       4. 11.4 The Hirer irrevocably authorisesthe Owner to:
       1. receive all monies payable by an insurer in respect of loss of or damage to the Equipment and appoint the Owner as the Hirer’s agent to recover and compromise in the Owner’s and the Hirer’s mutual names any claim for loss or damage and give effectual releases and receipts; and
       2. appropriate any insurance or other monies received in respect of loss or damage to the Equipment and towards and present or future debt or liability the Hirer may have to the Owner and to appropriate any monies paid by the Hirer to any debt or liability arising from the Agreement.

   16. 12. Claims and proceedings

       Where the Hirer’s use of the Equipment results in an accident or claim, or where damage or loss is sustained to the Equipment, the Hirer must:

       1. 12.1obtain the names and addresses of other parties, their licence details, registration numbers, description of other vehicles and property involved, witnesses’ names and addresses, and insurance policy details;
       2. 12.2ensure that the incident is promptly reported to the police and to the Owner;
       3. 12.3 cooperate fully with the Owner and any insurer and supply all information as is reasonably requested;
       4. 12.4 comply with all investigations, reports, and completion of claims forms as reasonably requested by the Owner; and
       5. 12.5 not, without the prior written consent of the Owner, make or give any offer, promise of payment, waiver, release, settlement, indemnity, or admission of liability.

   17. 13. Fines

       1. 13.1The Hirer is liable for and must pay promptly any fines or penalties incurred as a result of the Hirer’s use of the Equipment, irrespective of whether they are issued during or after the Hire Period.
       2. 13.2If the Owner has paid a fine or penalty on the Hirer’s behalf, then the Hirer must pay repay the Owner the amount of the fine plus interest at the Rate calculated daily until repaid in full.

   18. 14. Liability

       The Hirer will assume all risks and liabilities for and in respect of the Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer’s possession, use, maintenance, repair or storage of the Equipment.

   19. 15. Disclaimer

       1. 15.1Except for any warranties that cannot be excluded under the Competition and Consumer Act 2010 (Cth), all warranties are negated and excluded.
       2. 15.2The Hirer agrees that to the extent permitted by law:
       1. the Owner disclaims all liability for and does not give any warranty as to the condition of the Equipment;
       2. the Owner’s liability for breach of any warranty implied by Law is limited to the replacement, repair, or re-supply of the Equipment;
       3. the Owner is not liable for any indirect or consequential loss or damage the Hirer or anyone else may suffer because of the Hirer’s use or inability to use the Equipment.

   20. 16. Indemnity

       1. 16.1 The Hirer will fully indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including legal fees and costs, arising out of or related to the Hirer's use of the Equipment.
       2. 16.2This indemnity is reduced to the extent the loss, damage, or expense is due to the Owner’s negligence(whether by act or omission).
       3. 16.3The Hirer’s liability to indemnify the Owner for damage to the Equipment or third party property (excluding personal property and carried goods) may be reduced by payment of a Damage Waiver Fee in accordance with clause 10.
       4. 16.4Even if the Hirer pays a Damage Waiver Fee, the Hirer may still be liable for costs associated with the personal injury or death of the Hirer or another person. Whilst the Owner ensure compulsory third party insurance is in place under schemes regulated by statute, this cover may or may not apply to injuries the Hirer suffers or causes in using the Equipment.

   21. 17. Title

       1. 17.1The Hirer acknowledges that the Owner retains title to the Equipment and that the Hirer has rights to use the Equipment as a mere bailee only. The Hirer does not have any right to pledge the Owner’s credit in connection with the Equipment and agrees not to do so.
       2. 17.2Except as set out in clause 20, the Hirer agrees not to agree, offer, or purport to sell, assign, sub-let, lend, pledge, mortgage let, or otherwise part with or attempt to part with personal possession or otherwise not to deal with the Equipment and not to conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.

   22. 18. Repossession

       1. 18.1The Owner may retake possession of the Equipment if the Hirer breaches any provision of the Agreement, notwithstanding anything else contained in the Agreement.
       2. 18.2If repossession occurs, the Owner will only charge the Hire Fee up to and including the time of repossession.

   23. 19. Inspection and collection

       1. 19.1The Hirer agrees that the Hirer has inspected the Equipment before taking delivery of the Equipment and is satisfied as to its condition.
       2. 19.2Unless stated in the Agreement, or the Hirer notifies the Owner in writing within 24 hours of signing the Agreement of any damage or defect in the Equipment, the Equipment will be deemed to have been hired in good condition and without damage or defect.
       3. 19.3It is a fundamental term of the Agreement that the Hirer must inspect and check all wheel nuts when the Hirer collects the Equipment and then daily until the Equipment is returned.
       4. 19.4Until the Equipment is returned to the Owner:
       1. the Hirer must produce the Equipment for inspection or testing when the Owner reasonably asks; and
       2. the Hirer must allow the Owner access to the Equipment for any purpose at any reasonable time.
       5. 19.5The Hirer irrevocably authorises the Owner to enter any premises where the Owner believes the Equipment may be located to inspect or test the Equipment or retake possession under the Agreement. The Hirer must indemnify the Owner against any claim arising from the Owner entering premises for these purposes.

   24. 20. Personal Property Securities Act 2009 (‘PPSA’)

       1. 20.1Title to the Equipment remains with the Owner at all times.
       2. 20.2The Hirer acknowledges that:
       1. the agreement creates or may create a security interest under the PPSA;
       2. the Hirer has received value from the Owner at the beginning of the Hire Period;
       3. The Hirer has not agreed to postpone the time for attachment of the security interest granted to the Owner under the Agreement.
       3. 20.3The Hirer must:
       1. sign further documents and provide further information which the Owner reasonably requires to enable registration of a financing statement or financing change statement on the Personal Property Securities Register (‘PPSR’);
       2. not register a financing change statement as defined in section 10 of the PPSA or make a demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the Equipment without the Owner’s prior written consent;
       3. give the Owner not less than 14 days prior notice of any proposed change in the Hirer’s Identifying Information;
       4. pay all costs (including legal costs on an indemnity basis, expenses, and disbursements) the Owner incurs in registration and maintenance of financing statements (including registration of financing change statements) and enforcing or attempting to enforce the security interest created by the Agreement, including subordination agreements;
       5. pay all costs the Owner incurs (including legal costs on an indemnity basis) in obtaining an order pursuant to section 182 of the PPSA;
       6. keep full and complete records of the Equipment;
       7. keep the Owner indemnified against relating to accessions to Equipment and the Owner’s removal or retention of those accessions (including legal costs on an indemnity basis); and
       8. immediately return the Equipment to the Owner if requested following non-payment of any amount the Hirer owes the Owner or breach of any other obligation, and the Equipment having been returned to or re-taken by the Owner, the Hirer agrees not to seek to reinstate the Agreement under section 143 of the PPSA.
       4. 20.4So far as is permitted by the PPSA, the Hirer waives all rights, and with the Owner’s agreement, contract out of the Hirer’s rights (to the extent that they are inconsistent with the terms of the Agreement), under sections 95, 121(4), 130(1)(a), 132(1), 132(3)(d), 132(4), 134(2)(a), and 135(1)(a) of the PPSA.
       5. 20.5For the purposes of section 125 of the PPSA the Hirer agrees that a ‘reasonable period’ means not less than 12 months regardless of the circumstances.
       6. 20.6The Hirer agrees that, from time to time as the Owner may request, the Hirer will immediately obtain from any persons the Owner reasonably considers relevant to the Owner’s security position such agreement and waivers as the Owner requires.
       7. 20.7All terms used in this clause, unless otherwise provided, have the same meaning as given to those terms in the PPSA.

   25. 21. Authorisation and Privacy Act

       1. 21.1The Hirer irrevocably authorises the Owner (without obligation) to act on the Hirer’s behalf in exercising any rights or issuing or carrying on or enforcing any legal proceedings which the Owner thinks desirable to protect the Owner’s rights in relation to the Equipment.
       2. 21.2The Hirer acknowledges and agrees that the provisions of the Privacy Act 1988 (Cth) are waived in their entirety in the Owner’s favour and agree that the Owner may make all and any enquiries required to allow the Owner to fully recover any money due under the Agreement.

   26. 22. Extension of term

       The Hirer may ask the Owner to extend the Hire Period for Equipment the Hirer has hired. If the Owner agrees, another Agreement with a new start date and a new end date must be executed by both the Owner and the Hirer. If the Owner does not agree, then the Equipment must be returned to the Owner on the original end date.

   27. 23. Completion of the Hire Period

       The Hire Period is completed when the Equipment has been returned to the Owner:

       1. 23.1 in the same condition as when it was hired; and
       2. 23.2on or by the date and time outlined in the Schedule.

   28. 24. Default

       1. 24.1 The occurrence of any one or more of the following events will constitute an event of default (‘Event of Default’) under the Agreement:
       1. The Hirer fails to pay any amount provided for in the Agreement when such amount is due or otherwise breaches the Hirer's obligations under the Agreement.
       2. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of Australia or another competent jurisdiction.
       3. The Owner has reason to believe that the equipment is being used in an unauthorised or illegal manner.
       4. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.

   29. 25. Remedies

       1. 25.1 On the occurrence of an Event of Default, the Owner will be entitled to without notice terminate the Agreement and pursue any one or more of the following remedies (‘Remedies’):
       1. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
       2. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
       3. Take possession of the Equipment, 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.
       4. Terminate the Agreement immediately upon written notice to the Hirer.
       5. Pursue any other remedy available in law or equity.

   30. 26. Non-merger

       The covenants, agreements and obligations contained in the 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.

   31. 27. Severance

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

   32. 28. Notices

       1. 28.1 Notices may be given under the Agreement by:
       1. delivery on a party personally;
       2. Leaving the notice at the party’s address stated in the Agreement;
       3. prepaid post;
       4. facsimile; or
       5. email.
       2. 28.2 Notice by post will be deemed to have been served on the day on which the notice would ordinarily be received. Notice by facsimile is deemed to have been served if the sender’s facsimile machine confirms that delivery was successful. Notice by email is deemed to have been served on provision of a read receipt by the recipient, or by acknowledgement of receipt by the recipient in some other manner.

   33. 29. Dispute Resolution

       1. 29.1 If a dispute arises between the parties in connection with the Agreement, any party may give notice to the other setting out the nature of the dispute
       2. 29.2 Within fourteen (14) days of notice being given, the parties must meet to confer on the dispute.
       3. 29.3 If the parties cannot agree on a resolution of the dispute, any party may within seven (7) days after the conferral seek to have the dispute heard by an arbitrator.
       4. 29.4 The arbitrator must be appointed by mutual consent of the parties and, failing agreement between the parties, may be appointed by the President of the Law Society of South Australia for the time being at the request of either party.
       5. 29.5 The Commercial Arbitration Act 2012 (SA) will apply. Each party may be represented at the arbitration proceeding by a legal practitioner. The decision of a single arbitrator appointed under this clause will be final.

   34. 30. Governing law

       The Agreement will be construed in accordance with and governed by the laws of South Australia. Each party submits to the exclusive jurisdiction of the courts of South Australia there in connection with matters concerning the Agreement.

   35. 31. Interpretation

       1. 31.1 In the Agreement, unless the context otherwise requires:
       1. ‘including’ and similar expressions are not limiting expressions;
       2. a reference to ‘we’, ‘us’, or ‘our’ is a reference to the Owner;
       3. a reference to ‘you’ or ‘your’ is a reference to the Hirer;
       4. a reference to any party to the Agreement includes the party’s directors, executors, administrators, successors, or permitted assigns, and where applicable, its servants and agents;
       5. a reference to the singular includes the plural and vice versa;
       6. a reference to an individual or person will include corporations and vice versa;
       7. a reference to one gender includes the other two;
       8. if a word or expression is defined, its other grammatical forms have a corresponding meaning.
       9. if the Hirer includes more than one person, you are each bound jointly and severally with your obligations under the Agreement.
       10. time is of the essence in respect of the rights and obligations of all parties under the Agreement.
       11. your obligations continue until fully satisfied, notwithstanding termination of the Agreement.
       12. headings are for convenience only and do not affect interpretation.