The Owner agrees to hire the Equipment to the Hirer on the terms and
conditions contained in this agreement and Annexure A.

 

1.  DEFINITIONS:

"Agreement" means these Hire
Terms and Conditions, together with the Hirer’s Additional Obligations and the
Schedule.

"Equipment" means the
equipment and any accessories set out in the Schedule above which the Owner
agrees to hire to the Hirer.

"Hirer" means the person,
firm or corporation taking the Equipment on hire.

"Insolvency Manager" means
liquidator, official manager, receiver, receiver and manager or voluntary
administrator.

"Hirer’s Additional Obligations" means
Annexure “A” attached to this Agreement.

"Normal Wear and Tear" means
wear and tear due to the use of the Equipment under normal working conditions
with qualified personnel and providing proper operation, maintenance and
service.

"Owner" means Glass Trade
Centre Pty Ltd, its successors and permitted assigns including or such other
owner of the Equipment as is from time to time advised by the Owner.

"PPS Act" means the Personal Properties Securities Act 2009 (Cth)
as amended from time to time.

"PPS Law" means the PPS Act,
regulations made from time to time under the PPS Act, and any amendment made to
any other legislation as a consequence of the PPS Act including, without
limitation, amendments to the Corporations
Act 2001 (Cth).

"Schedule" means the schedule
attached to this Agreement.

 

2. 
HIRE

The Hirer
offers to take the Equipment on hire on the terms of this Agreement and this
Agreement becomes operative on its execution by the Owner.

 

3.  CONDITION
OF EQUIPMENT- SURVEYS:

Prior to
delivery, the Equipment will be subject to an "On Hire Survey" in
terms of Annexure "B" by a representative of each party to establish
the general condition thereof. At the completion of the hire period the
Equipment will be subject to an "Off Hire Survey" to be arranged by
the Owner. Any damage caused during the hire period will be established by
reference to the two Surveys and damage of any description and howsoever caused
is the responsibility of the Hirer.

Notwithstanding
anything herein contained, the cost of repairs, if any, necessary to re-instate
the Equipment to its "on hire" condition” must be paid by the Hirer.

 

4.  TRANSPORTATION, ERECTION AND DISMANTLING: Unless quoted in this
Agreement, transportation costs to and from the site, including the supply of
additional labour, equipment, materials and transportation expenses and other
requirements are at the cost of the Hirer and the Hirer must reimburse the Owner
within thirty days (30) of the Owner presenting an invoice to the Hirer.

Unless
otherwise specified in this Agreement, it will be the Hirer's responsibility
after delivery of the Equipment to the site to supply all necessary craneage,
labour and other handling equipment to offload assemble, erect, dismantle and
load the Equipment at the cost of the Hirer. Where the Owner quotes for
transportation, labour, craneage or handling equipment all prices quoted unless
stated specifically otherwise are for normal weekday hours only. Penalty rates
will apply to all works conducted out of hours’ weekdays & all day on
weekends. Any delays beyond 2 hours per truck in loading or unloading of
transport caused for whatever reason will result in any costs incurred by the
Owner being charged as an additional item.

 

5.  SITE ACCESS

All site-specific
requirements (i.e. medicals, inductions, any modifications in excess of AS1418
& AS2250) will be charged as additional unless specified within the Owner’s
quotation or hire agreement at a rate of cost +10%. Any costs required for
service vehicle modifications and/or driver training will also be charged as
additional.

 

6.  RISK
AND
INDEMNITY

The Hirer
assumes all risks and liabilities for and in respect of the Equipment and for
injuries to or death of persons and damage to property howsoever arising from
the possession, use, maintenance, repair or damage of the Equipment by the
Hirer unless and to the extent that the same arises as a result of the
negligence or default of the Owner. Notwithstanding a breach of clause 7 by the
Hirer in failing to effect insurance in
respect of the Equipment, the Hirer indemnifies the Owner against loss (including
loss under-ground where applicable) or destruction of or damage to the
Equipment, whether by fire, theft, accident, seizure, confiscation or any other
cause whatsoever, and indemnifies and continues to indemnify the Owner and hold
the Owner harmless from and against all losses, damages, claims, penalties,
liabilities and expenses (including legal costs on an indemnity basis)
howsoever arising incurred as a result of or in connection with the Equipment
or the possession, use, maintenance, repair or storage of the Equipment unless
and to the extent that the same arises as a result of the negligence or default
of the Owner or the seizure or taking of possession of the Equipment by the
Owner or by some other party entitled to do so and validly claiming title
through the Owner.

 

7.  INSURANCE
(Also see Annexure A)

The Owner does
not insure Equipment while it is on site / hire and the Hirer at his own
expense will maintain general liability insurance of not less than $20 million
and all risks insurance that is acceptable to the Owner, covering the Equipment
for the duration of the hire period. The sum incurred for loss of or damage to
the Equipment must be the full market value of the Equipment, as nominated by
the Owner. Such policy must be in the joint names of the Owner and the Hirer
and must cover the respective rights of each party relating to personal injury,
property damage (including damage to the Equipment) and all other losses of
whatsoever nature arising out of the use of the Equipment excluding liability
for claims being the subject of compulsory third part bodily injury insurance
on vehicles registered by the Owner.

Each of the
Owner and the Hirer is entitled to receive payments of monies under the
insurance policy effected pursuant to this clause according to its interest in
the policy. Each party agrees to assist and co-operate with the other in making
pursuing and settling any claim made under the policy.

Without
limiting the generality of the above, and if the Owner so requests, the Hirer
must expend all money received by it under the policy in respect to damage to
the Equipment in restoring or replacing the Equipment to its "on
hire" condition subject to reasonable wear and tear, and if such money are
insufficient the Hirer must make good the deficiency at its own cost.

The Hirer is
to provide a certificate of insurance (COI)
to the Owner prior to the Equipment leaving the Owner's premises. If a COI is
not provided, then the Hirer must pay a 12.5% surcharge to the Owner. The
invoicing or payment of such a surcharge shall not absolve the Hirer of any of
its obligations under this clause.

The Hirer is
responsible for the damage to plant and equipment however it is caused when it
is in their control while the machine is on hire. All risks need to be assumed
by the Hirer.

 

8.  NOTICE
OF ACCIDENTS:

If the
Equipment is involved in any accident resulting in injury to persons or damage
to property (including damage to the Equipment) immediate notice must be given
to the Owner by email to admin@glasstradecentre.com.au
and full details confirmed in writing to the Owners office, within 7 days of
the date of the accident.

 

9.  USAGE:

The Equipment
must be used only for the purpose for which it has been designed and operated
strictly within the manufacturer's rated capacity and operational
recommendations and in accordance with any applicable statutory authority
regulations. The Hirer undertakes not to do or cause or suffer to be done any
act, matter or thing that is likely to endanger the safety or condition of the Equipment.

 

10.  CHANGE
OF SITE:

The Hirer must not move the Equipment from the site to which it is first
delivered unless prior consent there to in writing is obtained from the Owner.

11.  HIRE PERIOD:

The hire
period commences on the date specified in the Schedule and will be for a term
specified in the Schedule or such further period as is agreed by the Owner in
writing.

 

12.  HIRE CHARGES:

The Hirer must
pay hire charges for the entire hire period on the Equipment at the rate
specified in the Schedule. In addition to hire charges, the Hirer must pay any
sales, rental or other taxes, stamp duty, import duties, PPS registration fees,
bonds or any other charges which may be levied upon this Agreement and/or the
use or delivery of the Equipment.

 

13.  EXTENDING
HIRE PERIOD:

Should the
Hirer wish to extend the hire period beyond the period nominated, such extended
hire will be subject to the Owner's agreement, the availability of the
Equipment and the following conditions:

•
The Hirer must deliver a written request to extend the hire period to
the Owner at least 30 days before the expiry of the term.

•
If the notice referred to above
has been duly delivered in time, all monthly rental payments for the Equipment
and other payments due under this Agreement have been received by the Owner in
full as at the end of the term and all other applicable terms and conditions of
this Agreement have been fully observed and performed by the Hirer up to and
including the last day of the term then the term will be extended for the
rental period specified in the Schedule commencing on the day following the
date of expiration of the Terms of this Agreement and at the new monthly rental
also specified in the Schedule.

•
If the term is extended pursuant
to the above, then all the terms and conditions of this Agreement, with the
necessary changes being made, will
continue to apply but this clause will be deemed to be deleted.

 

14.  PAYMENT:

Payment of
Hirer's account must be made within 30 days of receiving a tax invoice from the
Owner, which the Owner may issue on a monthly basis in advance. Glass Trade
Centre Pty Ltd reserves the right to charge interest at the rate of 2% per
month above the rate charged by the NAB for ninety (90) day bank bills, but
this will not waive the Owner's rights as herein provided to terminate this
Agreement.

From the end
of the term until the return of the whole of the Equipment to the Owner, the
daily hire charge rate calculated on a pro-rata basis plus 20% is payable by
the Hirer to the Owner. The parties agree that this rate is a genuine estimate
of damages, which would be suffered by the Owner if the Equipment were not
returned to the Owner by the due date for return.

 

15.  MAINTENANCE,
OPERATION AND INSPECTION:

The Hirer must
not remove or alter any numbering or lettering on the Equipment and must not
modify it in any way whatsoever.

The Hirer is
required during the period of hire to observe and comply with the provisions of
all applicable Statutes, Acts and Ordinances and Regulations in force during
the hire period in relation to the work on which the Equipment will be employed
and the manner of performance of such work, having regard to the premises in,
on, or about which such work is required to be performed. The Hirer, at his own
expense, must maintain the Equipment in good and serviceable repair and must
return it in such condition to the Owner. The Hirer at his own cost must supply
fuels, oils and greases of approved grades nominated by the Owner. The
Equipment must be checked daily by the Hirer for all, grease, water and battery
levels and any signs of looseness or wear.

Without in any
way limiting the Hirer's other obligations under this Agreement, the Hirer must
also carry out or be responsible for the matters referred to in Annexure
"A" (Hirer's Additional Obligations). On a daily basis the Smart Lift
log book provided by Glass Trade Centre Pty Ltd is to be filled out by the
Hirer and a copy emailed weekly to Glass Trade Centre Pty Ltd office admin@glasstradecentre.com.au.

16.  ACCESS
TO EQUIPMENT:

Upon receiving
reasonable notice from the Owner, the Hirer must employ its best endeavours to
provide the Owner with free access to the Equipment for the purpose of
examining it or testing it.

 

17.  WARRANTY:

The Hirer
acknowledges that no express or implied warranty is given by the Owner except
such warranties as may be implied by law under the Competition and Consumer Protection Act 2010 (Cth) or otherwise, whether in relation to
merchantability, fitness for any purpose, quality or otherwise.

In the event
any defect, not caused by the Owner, prevents normal usage, the Hirer may give
notice to the Owner of the defect and may return the Equipment to the Owner and
terminate this Agreement unless the Owner offers within seven (7) days of
notification of such defect to repair or replace the Equipment with suitable
alternative equipment at no additional cost to the Hirer.

The Owner must
not under any circumstances be liable for any special, indirect, incidental or
consequential loss or damages for any matter or things arising out of this
Agreement or any breach of this Agreement nor for any loss of profit, business,
revenue, goodwill or anticipated savings resulting directly or indirectly from
any act, omission, error, default or delay through any cause whatsoever.

If any
statutory provisions under the Competition
and Consumer Protection Act 2010 (Cth)
or any other statutes apply to this Agreement then, to the extent to which
the Owner is entitled to do so, the Owner's liabilities under the statutory
provisions is limited, at the Owner's option, to:

•
replacement of the Equipment or the
supply of equivalent Equipment; or

•
payment of the cost of replacing the
Equipment or of acquiring equivalent Equipment; or

•
payment of the cost of having the
Equipment repaired; or

•
repair of the Equipment.

The Hirer
hereby confirms that it has relied upon its own investigations and enquiries in
relation to the Equipment, its suitability for the purpose for which the Hirer
intends to use the Equipment and the performance of the Equipment.

The Hirer
further confirms that it has not been induced to enter into this Agreement in
reliance upon any express or implied oral or written statements or
representations, guarantees, promises or inducements whatsoever other than as
contained in this Agreement. The Hirer further confirms that it does not rely
on any warranty or representation made by or on behalf of the Owner except as
expressly provided in this Agreement.

 

18.  SECURITY
OF EQUIPMENT:

The Hirer must
employ its best endeavours to ensure that the Equipment and all ancillary
equipment is secure and protected against acts of theft and vandalism.

 

19.  RETENTION OF TITLE AND SECURITY INTEREST:

As between the
Owner and the Hirer, the Equipment remains the exclusive property of the Owner
and must not be put at the disposal of any third party. The Owner expressly
warrants and covenants that it is and will remain entitled to possession of all
the Equipment and every part thereof as owner, head-lessor or otherwise, and
has the power to enter into this Agreement with the Hirer. Nothing contained in
the Agreement renders on the Hirer
any right or property or interest in the Equipment other than as a Hirer.

The Hirer must
not, and must not attempt to lease, mortgage, pledge, sell, charge, encumber,
sublet, part with possession of, grant any lien, grant any security interest,
license or other encumbrance over, or otherwise dispose of or deal with, or
permit or suffer any lien or other encumbrance to exist or be created over the
Equipment or any part of the Equipment or any of the rights of the Hirer under
this Agreement during the term and must keep the Equipment free from any
distress, execution of other legal process.

 

 

 

 

The Hirer must
notify potential workers on the Equipment of the existence of the restriction
on the creation of liens or similar interests, whether by way of pledge or
otherwise in or over the Equipment, and must notify any persons seizing the
Equipment or any part thereof of the restrictions contained in the preceding
paragraph.

The Owner may
take all steps the Owner considers advisable to register, amend, or remove the registration
of, protect, perfect or record the Owners security interest in the Equipment,
or to better secure the Owner’s position in respect of this Agreement under the
PPS Law. The Hirer acknowledges and agrees that the Owner has a continuing
security interest in the Equipment with priority over any registered or
unregistered general (or other) security interest and any unsecured creditor.

If this lease
is a PPS Lease as defined in the PPS Law, the Hirer grants the Owner a
registerable purchase money security interest (PMSI) in accordance with section
14 of the PPS Act. The Hirer will do everything reasonably necessary to enable
the Owner to register any security interest under this clause 19. The security
interest arising under this clause 19 will be perfected by the Owner prior to
the Hirer obtaining possession on delivery of the Equipment and the parties
confirm they have not agreed that any security interest arising under this
clause 19 attaches at any later time.

The Owner does
not need to give the Hirer any notice under the PPS Law unless notice is
required by the PPS Law and that notice cannot be excluded.

 

20.  HIRER'S
FURTHER OBLIGATIONS:

The Hirer undertakes:

•        
Not to assign
this Agreement or the Hirer's rights under this Agreement.

•        
To notify the Owner immediately
in writing of any change in address of the Hirer or the location of the Equipment.

•        
To pay all of the Owner's
expenses incurred by reason of any breach or non- performance by the Hirer of
any term or condition of this Agreement or by reason of the Owner retaking or
attempting to regain possession of the Equipment if the Owner is entitled to do so.

•        
To pay to the Owner on demand
any monies or interest which the Owner may substantiate for any failure by the
Hirer to comply with any obligation under this Agreement or any other
obligation incurred by the Hirer in respect of the Equipment and any other expense
incurred by the Owner in relation to the enforcement or protection of the
Owner's rights under this Agreement or in the Equipment including but not
limited to the monies paid by the Owner in obtaining the release of any lien
claimed over the Equipment or in dismantling or removing the Equipment from any
premises or location and for any repair or renovation of the Equipment or such
premises or location.

•        
Not to substantially or
materially alter the Equipment without the prior consent of the Owner except in
the case of an emergency, and then only as a temporary expedient to avoid
damage or loss to the Equipment.

•        
Not to use or operate or permit
the Equipment to be used or operated in the manner of for a purpose for which
the Equipment is not designed or manufactured or for a purpose that is
unlawful, nor will the Hirer operate, maintain or store the Equipment improperly,
carelessly or contrary to the terms of this Agreement or any law for the time
being in force or contrary to any instructions or advice given in the operation
and maintenance manuals and must comply with all statutory and other
requirements that may affect the Equipment or the use of it and must observe
all the provisions of any statute, regulation or by-law relating to the Equipment.

•        
Not to use or operate or permit
the Equipment to be used or operated when not in proper repair or (if the
Equipment is required to be registered, licensed, insured or the subject of a
permit during its use or operation) when
it is unregistered, unlicensed, uninsured or not the subject of a permit.

•        
To promptly give notice to the
Owner of the occurrences of any event of default or any event which with the
passing of

time or the
giving of notice, of both, might constitute an event of default.

The Hirer must
only operate the Equipment or allow it to be operated in accordance with
recognised methods and standards by competent and properly qualified personnel.
In particular, the Hirer must comply in all respects with all laws and safety
rules and with the instructions and recommendations of the Owner or other
manufacturer or other supplier relating to the Equipment and to its use.

The Hirer
will at all times comply with reasonable requirements of the Owner as to any
repair, removal or replacement or the remedying of any deficiency of the
equipment.

The Hirer
shall keep attached to the Equipment all marks and branding identifying it as
the Owner’s property. The Hirer must not without the Owner’s prior written
consent, remove, change, alter or deface any name, name plate, identification
number, trademark or any other identifying mark or number on the equipment.

•        
To abide by all the additional
obligations contained in Annexure "A".

 

21.  TRANSFER
OF OWNERSHIP OF EQUIPMENT:

The Owner may
at any time during the term transfer or assign ownership of the Equipment to
another party and, at the time, obtain a lease back of the Equipment provided
that the term of the lease back is at least for the balance of the term of this
Agreement in which case:

•        
The Owner and the Hirer will
become the sub-lessor and the sub-lessee, respectively, of the Equipment;

•        
The Owner
warrants it has full right to sub-let the Equipment to the Hirer;

•        
any necessary
changes will be deemed to be made to this Agreement; and

•        
this Agreement otherwise remains
in full force and effect.

The Owner will
notify the Hirer as soon as practicable of any transfer or assignment of
ownership of the Equipment

by the Owner.

 

22.  TERMINATION
OF AGREEMENT:

Where the
period of hire is not for a fixed period or becomes for an indefinite period,
the Agreement may be terminated by 14 days’ notice in writing given by either
party to the other.

If the Hirer
defaults in punctual payment of any sum due to the Owner or fails to observe
and perform the terms and conditions of this Agreement, or suffers any distress
or execution to be levied against him or, being a person, commits any act of
bankruptcy, calls a meeting of his creditors or any of them executes a deed for
the benefit of his creditors, or becomes bankrupt or insolvent or, being a
corporation, goes into liquidation or enters into a Scheme of Arrangement
(except for the purpose of reconstruction) or if any person appoints as
Insolvency Manager of the whole of the Hirer's undertaking and assets or any
part thereof, or if an Insolvency Manager is appointed under any of the
provisions of the Corporation Act 2001 (Cth)
or its subsidiary legislation or the Hirer does or causes or permits to be done
any act or thing whereby the Owner's rights in the Equipment may be prejudiced
or put into jeopardy, this Agreement may immediately be terminated by the
Owner.

On termination
of this Agreement the Hirer must on demand immediately deliver the Equipment
together with all tools and accessories supplied with the Equipment or forming
part of the Equipment in good order and repair (with due allowance for Normal
Wear and Tear) at the expense of the Hirer, to the Owner and in accordance with
the reasonable directions issued by the Owner and, in default, the Owner may
enter any premises occupied or controlled by the Hirer and repossess the
Equipment, and for such purpose break open any gate or lock and dismantle the
Equipment from any part of the premises to which it may be affixed without
being guilty of any form of trespass and without liability to repair or
reinstate any such premises or items belonging to the Hirer, and is entitled to
recover within 3 days from the date of termination all hire charges due,
together with any other charges levied in accordance with this Agreement.

 

23.  DAMAGES
ON TERMINATION:

Upon the
termination of this Agreement for any reason whatsoever except upon the
expiration of the term of this Agreement or under clause 17, the Hirer must
immediately pay to the Owner by way of liquidated damages, in addition to and
without prejudice to any other right or remedy of the Owner

 

contained in
or implied by this Agreement or general law, an amount equal to the aggregate
of:

•        
the unpaid balance of the hire
charge instalments comprising the total rental referred to in the Schedule
would have been payable until the expiration of the terms of this Agreement had
this Agreement not been terminated, brought to a present value by applying the
discount rate (as defined below) to each instalment over the period by which
the day for payment thereof is, by virtue of this clause, brought forward
together with an amount equal to stamp duty, if any, payable in respect of such
rebated total; and

•        
the cost and expenses incurred by
the Owner in repossessing and storing, insuring and registering the Equipment
and entering upon and removing the Equipment from land or premises where the
Equipment is situated and making good any injury or damage caused to the said
land or premises; and the cost and expenses of repairs reasonably necessary to
bring the Equipment to proper working order condition and repair apart from
Normal Wear and Tear.

 

For the
purpose of this special condition, "discount rate" means a rate
calculated at the date of termination to give the Owner a rate of return equal
to its original rate of return in respect of the hiring of the Equipment under
this Agreement had the hiring run until the expiration of the term and had all
payments been received on their due dates.

 

24.  AMENDMENT:

This document,
together with the Schedule and the Hirer’s Additional Obligations contains the
entire Agreement of the parties and may not be amended except in writing signed
by both parties.

 

25.  SUBROGATION:

The Hirer
agrees to assist and co-operate with the Owner in relation to the Owner
exercising any and all of its rights in respect to the Equipment, including
without limitation, the Owner instituting, carrying on and enforcing,
compromising or completing any legal proceedings which the Owner thinks
desirable to protect its rights in respect of the Equipment.

 

26.  FORCE MAJEURE:

If any party,
by reason of any event of force majeure, is wholly or partially unable to
perform its obligations under this Agreement that party must give to the other
party prompt written notice of the event of force majeure with reasonably full
particulars of the event, whereupon the obligations under this Agreement of the
party giving the notice, to the extent that it is affected by the event of
force majeure, is suspended for as long as the event renders the party unable
to so perform its obligations. The affected party must take all reasonable
steps to remove the force majeure condition and resume performance of its
obligations under this Agreement. The term "event of force majeure"
includes an act of God, act of public enemy, war, blockade, public riot,
lightning, earthquake, fire, storm, flood, explosion, blow out, Governmental
restraint and any other event, whether of the kind enumerated above or
otherwise, which is not reasonably within the control of the party claiming
suspension, but excludes strikes, lockouts or other industrial disturbance.

 

27.  WAIVER, INDULGENCE:

A provision of
a right created under this document may not be waived except in writing signed
by the party granting the waiver. No waiver by a party to this Agreement of the
breach or non- performance of any term condition or obligation hereof is a
waiver of any subsequent breach or non-performance of the same or any other
term condition or obligation hereof. The granting by the Owner of any time or
indulgence does not affect or prejudice the Owner's rights under this
Agreement.

28.  DISPUTE RESOLUTION:

Should any
dispute arise between the parties in relation to the interpretation or
operation of any provision of this Agreement, then the parties will meet and
negotiate in good faith in an attempt to resolve the dispute. Any dispute which
cannot be resolved within fourteen (14) days in accordance with the preceding
sub-clause may be referred by either of the parties to an arbitrator appointed
by the President of Institute of Arbitrators Australia. Such arbitrator will
hear and determine the matter at a place nearest to the Owner's place of
business and in accordance with the Rules for the Conduct of Commercial
Arbitrators. The costs of the arbitrator will be met as to one half by each
party to this Agreement or as the arbitrator may otherwise direct.

 

29.  SERVICE
OF NOTICES:

Any notice
must be given to or served upon a party to this Agreement by being left at the
party's address or by being posted in a prepaid registered letter addressed to
a party or by being faxed to a party or by being emailed to a party. Any such
notice must be sent to the business, postal, or email address or fax number
stated in this Agreement or provided from time to time by the recipient, and is
deemed duly served:

•        
on the day the notice is left at the recipient’s address by the sender;

•        
at the expiration of three (3) days after the date of posting;

•        
on the day a fax is sent, or the next business day if sent after 5pm or
on a non-business day, except where the sender’s fax machine notifies the
sender of an incomplete transmission; or

•        
on the day an email is sent, or the next business day if sent after 5pm
or on a non-business day, except where the sender’s email server notifies the
sender of an unsuccessful delivery;

as the case
may be.

Any notice to
be given by either party to this Agreement must be in writing and may be
executed under common seal or signed by the attorney or attorneys of the party
or by an authorised officer of the party.

 

30.  GOVERNING LAW:

This Agreement
is governed and construed in accordance with the laws of the State or Territory
of the Owner's place of business.

 

31.  INTERPRETATION:

In this
Agreement unless the context otherwise requires: Agreement or covenants by two or more persons binds such persons
jointly and severally.

An agreement or covenant by a person is
deemed to be an agreement or covenant by such person, his or her executors,
administrators, assigns and successors in title.

An agreement or covenant by a company
is deemed to be an agreement or covenant by such company its assigns and
successors in such title.

Words importing one gender is
deemed to include the other gender or genders.

Words
importing the singular number is deemed to include the

plural number
and words importing the plural number is deemed to include the singular number.

The word
"person" is deemed to include a corporation.

 

32.  SERVERABILITY:

If any provision of this Agreement is found to be illegal or
unenforceable it will be severed from the remainder of this Agreement and will
not affect the enforceability of any other provision of this Agreement.

Glass Trade
Centre Pty Ltd Hire Terms and Conditions

 

Annexure "A"

 

Glass Trade Centre Pty Ltd

HIRER'S ADDITIONAL OBLIGATIONS

a)               
Equipment
Operation:

 

Hire Equipment will, at all
times, be used in accordance with the manufacturer's Operators Manual.

 

b)                
Mobilisation and Demobilisation:

 

This is at the Hirer's expense.

 

c)               
Undercarriage:

 

Normal Wear & Tear to
equipment undercarriage is at the Owner's expense. Other wear & tear, where
usage is under conditions that the Owner considers adverse or abnormal, is to
the Hirer's account.

 

d)               
Tyres:

 

Normal Wear & Tear is to the
Owner's account. Tyre wear & tear where usage is under conditions which the
Owner considers adverse or abnormal is to the Hirer's account. Damage to tyres
from staking, cutting or incorrect tyre pressure, is also to the Hirer's
account. Recommended tyre pressures as per the manufacturer's specifications,
are to be adhered to at all times by the Hirer.

 

e)               
Attachments:

 

Wear & tear to all
attachments is to the Hirer's account.

 

f)                
Servicing:

 

All servicing to
the equipment including electrical, vacuum hoses, leaks, lubrication, oil are
to the Hirer's account and must at all times be in accordance with the
manufacturer's specifications and intervals.

 

g)               
Lubricants & Oils:

 

All lubricants & oils must
be as per the manufacturer's specifications.

 

h)               
Stand down:

 

      The
machine will not be stood down under any circumstances unless agreed to in
writing by the Owner and the hirer prior to the rental quotation being accepted.                 

 

i)                 
Offences:

              

      The
Hirer is responsible for all traffic or parking offences as well as any toll
charges incurred during the hire period and will pay any camera fines incurred
during the Hire period. The Owner reserves the right to charge the hirer a $25 administration
fee per offence. The Owner will not be liable for any loss or damage sustained
as a result of any defect the Trailer or by implication that the Trailer was
available for hire in a particular condition.

 

j)                 
Breakdown repairs:

 

All breakdown repairs are to the
Hirer's expense.