ABN 85 624 407 272
These Terms and Conditions should be reviewed by MSH’s legal adviser before publication or use. The wording below has been edited for clarity, consistency and formatting only. Legal rights, obligations and statutory references have been retained as closely as possible.
Amounts Owing means all amounts owed by the Customer to MSH under or in connection with this Hire Agreement.
Business Day means a day that is not a Saturday, Sunday or public holiday in the State or Territory from which the Hire Equipment was hired from MSH.
Claims means any actual or potential claim, including a claim for loss, damage, expenses, legal fees, breach of statute, breach of warranty, breach of guarantee, tort or breach of this Agreement.
Customer means the person, firm, organisation, partnership, corporation, trust or other entity hiring the Hire Equipment from MSH.
Hire Agreement means the agreement between MSH and the Customer for the hire of Hire Equipment.
Hire Equipment means all plant and equipment, including tools, vehicles, accessories and parts hired to the Customer.
MSH means Mine Services Holdings Pty Ltd ABN 85 624 407 272.
MSH agrees to hire the Hire Equipment to the Customer for the Hire Period. The Customer agrees to pay the Hire Charges and any Other Charges to MSH.
MSH may hire equipment at its absolute discretion and may refuse to hire equipment to the Customer.
Once MSH receives a Purchase Order, either of the following will be treated as MSH’s acceptance:
The Hire Period starts on the Start Date and ends when the Hire Equipment is returned to, and in the possession of, MSH.
The Hire Period includes weekends and public holidays, whether or not the Hire Equipment is being used.
Where MSH delivers Hire Equipment to, or collects Hire Equipment from, the Customer’s Premises, the Customer must provide suitable access.
The Customer is responsible for any costs caused by lack of access, including demurrage, delays, failed deliveries or failed collections.
Delivery times and dates are estimates only. MSH is not responsible for delays or failures in delivery or installation.
The Customer must inspect all Hire Equipment on delivery or collection.
When the Hire Equipment is returned to MSH’s Premises, MSH will notify the Customer of any defect or damage.
The Customer indemnifies MSH for the cost of repairing any defect or damage.
The Customer must pay MSH all Hire Charges and Other Charges set out in any Proposal.
MSH may amend the Hire Charges in line with changes to its standard pricing.
Additional Hire Charges may apply if the Hire Equipment is used for more than [insert number] hours per day or more than 50 hours per week.
If any part of this Hire Agreement becomes void or unenforceable, that part will be severed.
The remaining parts of the Hire Agreement will continue in full force and effect.
The Hire Agreement is governed by the laws of Western Australia.
