Reliable Mechanical & Earthworks – Terms & Conditions of Hire

Roche Mini Excavating – Terms & Conditions of Hire

#32423 © Copyright – EC Credit Control 1999 – 11/29/2016

1. Definitions

1.1 “RME” means Roche Excavating Pty Ltd ATF Reliable Mechanical And Earthworks T/A Roche Mini Excavating, its successors and assigns

or any person acting on behalf of and with the authority of Roche Excavating Pty Ltd ATF Reliable Mechanical And Earthworks T/A Roche

Mini Excavating.

1.2 “Client” means the person/s hiring the Equipment as specified in any invoice, document or order, and if there is more than one Client is a

reference to each Client jointly and severally.

1.3 “Equipment” means all Equipment including any accessories supplied on hire by RME to the Client (and where the context so permits shall

include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work

authorisation form provided by RME to the Client.

1.4 “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as

provided by RME to the Client.

1.5 “Price” means the Price payable (plus any GST where applicable) for the hire of Equipment provided as agreed between RME and the Client

in accordance with clause 5 below.

1.6 “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999”.

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client

places an order for or accepts delivery of the Equipment.

2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any

inconsistency with any other document or agreement between the Client and RME.

2.3 RME reserves the right (at any time and without reason) to review and amend the Client’s credit terms and to refuse to extend any further

credit to the Client.

2.4 Invoices from RME shall be sent to the Client by email unless otherwise arranged.

3. Electronic Transactions Act 2003

3.1 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the

Electronic Transactions Act 2003 or any other applicable provisions of that Act or any Regulations referred to in that Act.

4. Change in Control

4.1 The Client shall give RME not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any

other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or

business practice). The Client shall be liable for any loss incurred by RME as a result of the Client’s failure to comply with this clause.

5. Price and Payment

5.1 At RME’s sole discretion the Price shall be either:

(a) as indicated on any invoice provided by RME to the Client in respect of Equipment supplied on hire; or

(b) RME’s estimated Price (subject to clause 5.2) which shall be deemed binding upon RME, as the actual Price can only be determined

upon completion of the Services; or

(c) RME’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30)


5.2 RME reserves the right to change the Price:

(a) if a variation to the Equipment which is to be supplied is requested; or

(b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or

(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor

weather conditions, limitations to accessing the site, availability of machinery, safety considerations, prerequisite work by any third party

not being completed, hard rock barriers below the surface or iron reinforcing rods in concrete, asbestos, buried obstacles etc.) which are

only discovered on commencement of the Services; or

(d) in the event of increases to RME in the cost of labour or materials which are beyond RME’s control.

5.3 Variations will be charged for on the basis of RME’s quotation, and will be detailed in writing, and shown as variations on RME’s invoice. The

Client shall be required to respond to any variation submitted by RME within ten (10) working days. Failure to do so will entitle RME to add

the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

5.4 At RME’s sole discretion a non-refundable deposit may be required.

5.5 Time for payment for the Equipment being of the essence, the Price will be payable by the Client on the date/s determined by RME, which

may be:

(a) on delivery of the Equipment;

(b) for approved Clients, by way of instalments/progress payments in accordance with RME’s payment schedule;

(c) the date specified on any invoice or other form as being the date for payment; or

(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice emailed or given to the Client by


5.6 Payment may be made by cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method

as agreed to between the Client and RME.

5.7 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by RME nor to

withhold payment of any invoice because part of that invoice is in dispute.

5.8 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to RME an amount equal to any GST

RME must pay for any supply by RME under this or any other agreement for the hire of the Equipment. The Client must pay GST, without

Roche Mini Excavating – Terms & Conditions of Hire

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deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must

pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

6. Hire Period

6.1 For Equipment in which a timing device is installed the hire period shall be the number of hours or part thereof recorded on the timing device

whilst the Equipment is in the Client’s possession.

6.2 Where the Equipment does not have a timing device installed hire charges shall commence from the time the Equipment departs from

RME’s premises and will continue until the return of the Equipment to RME’s premises, and/or until the expiry of the Minimum Hire Period,

whichever last occurs.

6.3 The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.

6.4 No allowance whatsoever can be made for time during which the Equipment is not in use for any reason, unless RME confirms special prior

arrangements in writing. In the event of Equipment breakdown provided the Client notifies RME immediately, hiring charges will not be

payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the


6.5 Off-hire receipts will only be issued when the Equipment has been either collected by RME, or returned to RME’s premises.

7. Delivery

7.1 Delivery (“Delivery”) of the Equipment is taken to occur at the time that RME (or RME’s nominated carrier) delivers the Equipment to the

Client’s nominated address even if the Client is not present at the address.

7.2 At RME’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.

7.3 Subject to clause 7.4 it is RME’s responsibility to ensure that the Services start as soon as it is reasonably possible.

7.4 The Services’ commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that

RME claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond RME’s control,

including but not limited to any failure by the Client to:

(a) make a selection; or

(b) have the site ready for the Services; or

(c) notify RME that the site is ready.

7.5 RME may deliver the Equipment in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the

provisions in these terms and conditions.

7.6 Any time specified by RME for delivery of the Equipment is an estimate only and RME will not be liable for any loss or damage incurred by

the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Equipment to be

delivered at the time and place as was arranged between both parties. In the event that RME is unable to supply the Equipment as agreed

solely due to any action or inaction of the Client, then RME shall be entitled to charge a reasonable fee for redelivery and/or storage.

8. Risk

8.1 RME retains property in the Equipment nonetheless all risk for the Equipment passes to the Client on delivery.

8.2 The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies RME for all loss, theft, or damage to the

Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to

any negligence, failure, or omission of the Client.

8.3 The Client will insure, or self-insure, RME’s interest in the Equipment against physical loss or damage including, but not limited to, the perils

of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or

injury to property arising out of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as

would permit an insurer to decline any claim.

8.4 The Client accepts full responsibility for and shall keep RME indemnified against all liability in respect of all actions, proceedings, claims,

damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Equipment

during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons.

9. Access

9.1 The Client shall ensure that RME has clear and free access to the work site at all times to enable them to undertake the Services. RME shall

not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or

grassed areas) unless due to the negligence of RME.

10. Underground Locations

10.1 Prior to RME commencing any work the Client must advise RME of the precise location of all underground services on the site and clearly

mark the same. The underground mains & services the Client must identify include, but are not limited to, electrical services, gas services,

sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic

cables, oil pumping mains, and any other services that may be on site.

10.2 Whilst RME will take all care to avoid damage to any underground services the Client agrees to indemnify RME in respect of all and any

liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 10.1.

11. Compliance with Laws

11.1 The Client and RME shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities

that may be applicable to the Services.

11.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Services.

11.3 The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other

relevant safety standards or legislation.

Roche Mini Excavating – Terms & Conditions of Hire

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12. Insurance

12.1 RME shall have public liability insurance of at least five million dollars ($5m). It is the Client’s responsibility to ensure that they are similarly


13. Title

13.1 The Equipment is and will at all times remain the absolute property of RME, and the Client must return the Equipment to RME upon request

to do so.

13.2 If the Client fails to return the Equipment to RME as is required under this agreement or when requested to do so, then RME or RME’s agent

may (as the invitee of the Client) enter upon and into any land and premises owned, occupied or used by the Client, or any premises where

the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused. Any costs

incurred by RME as a result of RME so repossessing the Equipment shall be charged to the Client.

13.3 The Client is not authorised to pledge RME’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any


14. Personal Property Securities Act 2009 (“PPSA”)

14.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the


14.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a

security agreement for the purposes of the PPSA and creates a security interest in all Equipment and/or collateral (account) – being a

monetary obligation of the Client to RME for Services – that have previously been supplied and that will be supplied in the future by RME to

the Client.

14.3 The Client undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to- date in

all respects) which RME may reasonably require to;

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities


(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 14.3(a)(i) or 14.3(a)(ii);

(b) indemnify, and upon demand reimburse, RME for all expenses incurred in registering a financing statement or financing change

statement on the Personal Property Securities Register established by the PPSA or releasing any Equipment charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of RME;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment and/or

collateral (account) in favour of a third party without the prior written consent of RME;

14.4 RME and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and


14.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

14.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

14.7 Unless otherwise agreed to in writing by RME, the Client waives their right to receive a verification statement in accordance with section 157

of the PPSA.

14.8 The Client must unconditionally ratify any actions taken by RME under clauses 14.3 to 14.5.

14.9 Subject to any express provisions to the contrary (including those contained in this clause 14), nothing in these terms and conditions is

intended to have the effect of contracting out of any of the provisions of the PPSA.

15. Security and Charge

15.1 In consideration of RME agreeing to supply the Equipment, the Client charges all of its rights, title and interest (whether joint or several) in

any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the

Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

15.2 The Client indemnifies RME from and against all RME’s costs and disbursements including legal costs on a solicitor and own client basis

incurred in exercising RME’s rights under this clause.

15.3 The Client irrevocably appoints RME and each director of RME as the Client’s true and lawful attorney/s to perform all necessary acts to give

effect to the provisions of this clause 15 including, but not limited to, signing any document on the Client’s behalf.

16. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

16.1 The Client must inspect the Equipment on delivery and must within twenty-four (24) hours of delivery notify RME in writing of any evident

defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the

Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow RME to

inspect the Equipment.

16.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and

warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-

Excluded Guarantees).

16.3 RME acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

16.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, RME makes no warranties or other

representations under these terms and conditions including but not limited to the quality or suitability of the Equipment. RME’s liability in

respect of these warranties is limited to the fullest extent permitted by law.

16.5 If the Client is a consumer within the meaning of the CCA, RME’s liability is limited to the extent permitted by section 64A of Schedule 2.

Roche Mini Excavating – Terms & Conditions of Hire

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16.6 If RME is required to rectify, re-supply, or pay the cost of re-supplying any Services or Equipment under this clause or the CCA, but is unable

to do so, RME may refund any money the Client has for the Services or Equipment but only to the extent that such refund shall take into

account the value of any Services or Equipment and consumables which have been provided to the Client which were not defective.

16.7 If the Client is not a consumer within the meaning of the CCA, RME’s liability for any defect or damage in the Services or Equipment is:

(a) limited to the value of any express warranty or warranty card provided to the Client by RME at RME’s sole discretion;

(b) limited to any warranty to which RME is entitled, if RME did not manufacture the Equipment;

(c) otherwise negated absolutely.

16.8 Notwithstanding clauses 16.1 to 16.7 but subject to the CCA, RME shall not be liable for any defect or damage which may be caused or

partly caused by or arise as a result of:

(a) the Client failing to properly maintain or store any Equipment;

(b) the Client interfering with the Equipment in any way without RME’s written approval to do so;

(c) the Client using the Equipment for any purpose other than that for which they were designed;

(d) the Client continuing the use of the Equipment after any defect became apparent or should have become apparent to a reasonably

prudent operator or user;

(e) the Client failing to follow any instructions or guidelines provided by RME;

(f) fair wear and tear, any accident, or act of God.

16.9 Notwithstanding anything contained in this clause if RME is required by a law to accept a return then RME will only accept a return on the

conditions imposed by that law.

17. Client’s Responsibilities

17.1 The Client shall:

(a) ensure that the operator of any Equipment is not under the influence of alcohol or any drug that may impair their ability to operate the


(b) ensure that all persons driving and/or operating Equipment are suitably instructed in the Equipment’s safe and proper use and where

necessary that the operator holds a current Certificate of Competency and/or are fully licensed to drive and/or operate the Equipment

and shall provide evidence of the same to RME upon request;

(c) maintain the Equipment as is required by RME (including, but not limited to, maintaining (where applicable) water, oil and fluid levels and

tyre pressures);

(d) ensure that all reasonable care is taken by the driver in handling and/or parking the Equipment and that the Equipment is left locked

and/or securely stored when not in use;

(e) be liable for any parking or traffic infringement, impoundment, towage and storage costs incurred during the hire period and will supply

relevant details as required by the Police and/or RME relating to any such matters or occurrences;

(f) not carry any animals, illegal, prohibited or dangerous on, or in, the Equipment supplied without the prior written permission of RME;

(g) not exceed the recommended or legal load and capacity limits of the Equipment (including the recommended number of passengers (if


(h) refuel the Equipment prior to its return from Hire. In the event the Equipment needs to be refuelled upon its return from Hire then the

costs of refuelling shall be charged to the Client in addition to the costs of the Equipment hire;

(i) notify RME immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved

from the requirements to safeguard the Equipment by giving such notification;

(j) satisfy itself at commencement that the Equipment is suitable for its purposes;

(k) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s

instruction whether supplied by RME or posted on the Equipment;

(l) comply with all work health and safety laws relating to the Equipment and its operation;

(m) on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear

and tear accepted, to RME (or RME’s designated employee);

(n) keep the Equipment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to take a lien,

or grant any encumbrance over the Equipment;

(o) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any

identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;

(p) use the Equipment solely for the Client’s own works and shall not permit the Equipment of any part thereof to be used by any other party

for any other work.

17.2 Immediately on request by RME the Client will pay:

(a) the new list price of any Equipment, accessories or consumables that are for whatever reason destroyed, written off or not returned to


(b) all costs incurred in cleaning the Equipment;

(c) all costs of repairing any damage caused by the ordinary use of the Equipment up to an amount equal to ten percent (10%) of the new

list price of the Equipment;

(d) the cost of repairing any damage to the Equipment caused by wilful or negligent actions of the Client or the Client’s employees;

(e) the cost of repairing any damage to the Equipment caused by vandalism, or (in RME’s reasonable opinion) in any way whatsoever other

than by the ordinary use of the Equipment by the Client;

(f) the cost of fuels and consumables provided by RME and used by the Client;

(g) any costs incurred by RME in picking up and returning the Equipment to RMEs premises if the Client does not return the Equipment to

RMEs premises or any pre-agreed pickup location when it was originally agreed that the Client would do so.

(h) any lost hire fees RME would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;

(i) any insurance excess payable in relation to a claim made by either the Client or RME in relation to any damage caused by, or to, the hire

Equipment whilst the same is hired by the Client and irrespective of whether charged by the Client’s insurers or RME’s.

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18. Wet Hire

18.1 “Wet Hire” shall mean that the Equipment is hired with an operator who shall at all times remain an employee of RME.

18.2 In the event of “wet” hire of the Equipment the operator of the Equipment remains an employee of RME and operates the Equipment in

accordance with the Client’s instructions. As such RME shall not be liable for any actions of the operator in following the Client’s instructions.

19. Default and Consequences of Default

19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a

half percent (2.5%) per calendar month (and at RME’s sole discretion such interest shall compound monthly at such a rate) after as well as

before any judgment.

19.2 If the Client owes RME any money the Client shall indemnify RME from and against all costs and disbursements incurred by RME in

recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, RME’s contract

default fee, and bank dishonour fees).

19.3 Further to any other rights or remedies RME may have under this contract, if a Client has made payment to RME, and the transaction is

subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by RME

under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations

under this agreement.

19.4 Without prejudice to any other remedies RME may have, if at any time the Client is in breach of any obligation (including those relating to

payment) under these terms and conditions RME may suspend or terminate the supply of Equipment to the Client. RME will not be liable to

the Client for any loss or damage the Client suffers because RME has exercised its rights under this clause.

19.5 Without prejudice to RME’s other remedies at law RME shall be entitled to cancel all or any part of any order of the Client which remains

unfulfilled and all amounts owing to RME shall, whether or not due for payment, become immediately payable if:

(a) any money payable to RME becomes overdue, or in RME’s opinion the Client will be unable to make a payment when it falls due;

(b) the Client has exceeded any applicable credit limit provided by RME;

(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes

an assignment for the benefit of its creditors; or

(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

20. Cancellation

20.1 Without prejudice to any other remedies RME may have, if at any time the Client is in breach of any obligation (including those relating to

payment) under these terms and conditions RME may suspend or terminate the supply of Equipment to the Client. RME will not be liable to

the Client for any loss or damage the Client suffers because RME has exercised its rights under this clause.

20.2 RME may cancel any contract to which these terms and conditions apply or cancel delivery of Equipment at any time before the Equipment

are delivered by giving written notice to the Client. On giving such notice RME shall repay to the Client any money paid by the Client for the

Equipment. RME shall not be liable for any loss or damage whatsoever arising from such cancellation.

20.3 In the event that the Client cancels delivery of Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by

RME as a direct result of the cancellation (including, but not limited to, any loss of profits).

21. Dispute Resolution

21.1 If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately

identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least

once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a

resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or

sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:

(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and

(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

22. Privacy Act 1988

22.1 The Client agrees for RME to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name,

address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by RME.

22.2 The Client agrees that RME may exchange information about the Client with those credit providers and with related body corporates for the

following purposes:

(a) to assess an application by the Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit

providers; and/or

(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.

22.3 The Client consents to RME being given a consumer credit report to collect overdue payment on commercial credit.

22.4 The Client agrees that personal credit information provided may be used and retained by RME for the following purposes (and for other

agreed purposes or required by):

(a) the provision of Equipment; and/or

(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Equipment; and/or

(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(d) enabling the collection of amounts outstanding in relation to the Equipment.

22.5 RME may give information about the Client to a CRB for the following purposes:

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(a) to obtain a consumer credit report;

(b) allow the CRB to create or maintain a credit information file about the Client including credit history.

22.6 The information given to the CRB may include:

(a) personal information as outlined in 22.1 above;

(b) name of the credit provider and that RME is a current credit provider to the Client;

(c) whether the credit provider is a licensee;

(d) type of consumer credit;

(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account

and the amount requested);

(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty

(60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that

the Client no longer has any overdue accounts and RME has been paid or otherwise discharged and all details surrounding that

discharge(e.g. dates of payments);

(g) information that, in the opinion of RME, the Client has committed a serious credit infringement;

(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

22.7 The Client shall have the right to request (by e-mail) from RME:

(a) a copy of the information about the Client retained by RME and the right to request that RME correct any incorrect information; and

(b) that RME does not disclose any personal information about the Client for the purpose of direct marketing.

22.8 RME will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil

the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

22.9 The Client can make a privacy complaint by contacting RME via e-mail. RME will respond to that complaint within seven (7) days of receipt

and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that

the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at

23. Construction Contracts Act 2004

23.1 At RME’s sole discretion, if there are any disputes or claims for unpaid Equipment and/or Services then the provisions of the Construction

Contracts Act 2004 may apply.

23.2 Nothing in this agreement is intended to have the effect of contracting out of any provisions of the Construction Contracts Act 2004 of

Western Australia, except to the extent permitted by the Act where applicable.

24. Service of Notices

24.1 Any written notice given under this contract shall be deemed to have been given and received:

(a) by handing the notice to the other party, in person;

(b) by leaving it at the address of the other party as stated in this contract;

(c) by sending it by registered post to the address of the other party as stated in this contract;

(d) if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the


(e) if sent by email to the other party’s last known email address.

24.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of

post, the notice would have been delivered.

25. General

25.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it

affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or

unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

25.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia in which RME has its

principal place of business, and are subject to the jurisdiction of the Perth Courts in that state.

25.3 Subject to clause 16 RME shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense

(including loss of profit) suffered by the Client arising out of a breach by RME of these terms and conditions (alternatively RME’s liability shall

be limited to damages which under no circumstances shall exceed the Price of the Equipment hire).

25.4 RME may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.

25.5 The Client cannot licence or assign without the written approval of RME.

25.6 RME may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so

doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of RME’s sub-contractors

without the authority of RME.

25.7 The Client agrees that RME may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to

take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for RME

to provide any Equipment to the Client.

25.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other

event beyond the reasonable control of either party.

25.9 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to

do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.