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40253 credit application aus
KENNARDS HIRE CREDIT APPLICATION
ABN 69 001 740 727
PLEASE COMPLETE THIS FORM IN CLEAR BLOCK LETTERS AND E-MAIL TO ar@kennards.com.au
BUSINESS DETAILS
Registered Company Name:
Trading Name:
ABN: Business Type:
Private Company
Individual/Sole Trader
ACN: Partnership
Public Company
Government
Trust
Other
If your business is a Trust, please supply copies of the first and last two (2) pages of the Trust Deed with your application
What does your Company do?
Number of Employees?
5 employees or less
6-20 employees
21 or more employees
If you have a current or previous account please enter your account number
Can we send you special offers and industry specific information?
Yes
No
Email address to send information:
Estimated Monthly Spend:
NOTE: This is not a credit limit
ACCOUNTS PAYABLE CONTACT DETAILS
Full Name:
Email:
Phone:
PO number required on invoices?
Yes
No
ADDRESSES
Registered Street Address: Suburb: Billing Address: Billing Street Address Suburb:
Same As Registered Address
State: State:
Postcode: Postcode:
DIRECT DEBIT
Name of Financial Institution:
BSB Number:
-
Account Number:
Account Name:
I / We authorise Kennards Hire Pty Ltd to action the following: 1. The Debit User to verify the details of the above mentioned account with my/our Financial Institution 2. It is the Customer's responsibility to ensure that there are sufficient clear funds available in their account to allow a debit payment to be made
in accordance with the Direct Debit Request 3. The Financial Institution to release information allowing the Debit User to verify the above mentioned account details 4. The Debit User agrees for the Direct Debit to take place on the last working day of each month for the prior months statement balance
5. The Debit User has express authority to deduct any monies outstanding to it immediately upon default of any payments or commitments to make payments
6. If you believe there has been an error in debiting your account, you should notify us directly on 1300 786 808 or ar@kennards.com.au and confirm that notice in writing with us as soon as possible so that we can address your query
7. You may stop or defer a debit payment at any time by providing written confirmation with at least 1 business day notice including your Kennards Hire account reference number by writing to ar@kennards.com.au
8. If you wish to terminate (cancel) the agreement please contact Kennards Hire to discuss available options 9. By completing this Direct Debit Request, you have understood and agreed to the terms and conditions governing debit arrangements
between you and Kennards Hire Pty Limited Kennards have the right to withdraw credit or vary the customer's credit limit at any time and without hesitation
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GUARANTEE AND INDEMNITY
IF YOUR COMPANY IS NOT PUBLICLY LISTED OR A GOVERNMENT OWNED ENTITY YOUR DIRECTORS MUST SIGN THE GUARANTEE AND INDEMNITY. THE ONLY EXCEPTION IS IF YOU CHOOSE TO PAY BY DIRECT PAYMENT OPTION VIA YOUR BANK ACCOUNT OR CREDIT CARD.
i I / We being the guarantor(s) of the Customer request Kennards to hire Equipment to the Customer from time to time. In consideration of Kennards doing so the Guarantor(s) hereby guarantee to Kennards the due payment and satisfaction by the Customer of all money and obligations that the Customer owes or may owe to Kennards now or in the future. The guarantor(s) shall be treated as principal debtor(s) to Kennards.
ii As a separate obligation the Guarantor(s) also indemnify Kennards for all loss it may suffer due to failure for any reason by the Customer to satisfy its obligations or liabilities to Kennards from time to time.
iii The Guarantor(s) agree that this guarantee and indemnity shall not in any way be affected by Kennards granting time or any indulgence to the Customer, or by any variation or substitution of the Customer's obligations to Kennards, or by any insolvency of the Customer or by any other thing that would otherwise discharge or prejudice our liability as guarantor(s) and the indemnifiers. The Guarantor(s) also agree not to prove in any insolvency of the Customer without Kennards' consent.
SIGNED BY THE GUARNATOR(S) Guarantor 1
Full Name:
Date of Birth:
/
/
Address:
Email:
Phone:
Driver's Licence Number:
State:
Signature
Guarantor 2
Full Name:
Date of Birth:
/
/
Address:
Email:
Phone:
Driver's Licence Number:
State:
Signature
Guarantor 3
Full Name:
Date of Birth:
/
/
Address:
Email:
Phone:
Driver's Licence Number:
State:
Signature
WAIVER OPTIONS
We offer `Waiver Options' which are designed to reduce your liability in the unfortunate instance of damage, and in some circumstances theft, to our vehicles/ machinery whilst on hire. Basic Damage Waiver is included with each hire- see our Hire Contract Conditions. There are two types of additional waiver options offered, Vehicle Waiver Plus and Equipment Waiver Plus.
VEHICLE WAIVER PLUS Two very important features of this optional waiver are: 1. Damage to the Pantech body above the cab height on our vans/pantechs is included in the Waiver, and 2. Theft of a Kennards Hire vehicle is included in the Waiver. Without taking up the option of Vehicle Waiver Plus, those two items are your full responsibility
VEHICLE Class C Larger than Class C
STANDARD EXCESS 20% of replacement value 20% of replacement value
REDUCED EXCESS $500
$1,000
COST PER DAY $30 $30
COST PER WEEK $150 $150
THEFT EXCESS $5,000
$10,000
EQUIPMENT WAIVER PLUS MEDIUM AND LARGE PLANT
Equipment Waiver Plus is an optional Theft and Loss Waiver for some medium and large plant. Without taking up the option of Equipment Waiver Plus, theft and loss are your full responsibility. The below table shows a break up of fees which limit your liability on Medium and Large Plant should an incident occur.
EQUIPMENT
STANDARD EXCESS
REDUCED EXCESS
COST PER DAY
COST PER WEEK
THEFT EXCESS
Medium Plant Large Plant
20% of replacement value 20% of replacement value
$500 $1,000
$20
$100
$5,000
$30
$150
$10,000
As part of our aim to "make your job easy", we intend to keep our invoicing as simple as possible. Unless you advise otherwise, your account will automatically be charged for the benefits of the Waiver Option. After considering all of the above information please mark the box below if you wish to decline the benefits of the VWP and EWP
DECLINE Vehicle Waiver Plus and Equipment Waiver Plus Certificate of Currency must be provided and accepted.
Should the above waivers be declined, I confirm that this optional cover will therefore not be available, nor charged, on any eligible vehicle/plant hire invoices on my account
For more detailed information please review clause 6 of our HIRE CONTRACT CONDITIONS
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INTERESTS AND COSTS
Accounts are due and payable within thirty (30) days of the end of the month of invoice. Credit may be cancelled/suspended without notice if accounts are not paid by the due date. A late payment fee, equal to the pre-judgement interest rate set by the Local Court of NSW from time to time, may be charged for overdue accounts. The Customer will pay to Kennards any commissions, legal costs or expenses paid by Kennards to its Mercantile or Collection Agents and/or Lawyers in relation to the collection of any moneys owed to Kennards that are not paid within the terms of credit provided.
THE HIRE CONTRACT
1. Kennards agrees to hire Equipment to the Customer on terms set out in this document including the attached Hire Contract Conditions. If the Customer wishes to hire Equipment the Customer must complete and sign (or otherwise accept in the manner required by Kennards) a Hire Schedule and such other documents as Kennards may require, in each case in the form required by Kennards. Each Hire Schedule is not a separate contract but forms a part of the hire agreement between Kennards and the Customer. Kennards may decline to enter into a Hire Schedule or to hire Equipment to the Customer at any time if it has reasonable cause to do so, and may terminate the hire agreement if the Customer breaches its obligations to Kennards.
2. The Customer and the Guarantor(s) agree and acknowledge that Kennards has the right to amend this agreement including the Hire Contract Conditions from time to time and will give notice to the Customer and Guarantor of any amendments as set out in the Hire Contract Conditions.
3. By signing this document the Customer and Guarantor(s) warrant that all information given to Kennards in connection with it is true.
AUTHORISATION
In accordance with the Privacy Act (1988), the Customer and each of its Directors and Guarantors authorise Kennards Hire Pty Ltd and its related bodies corporate (as defined in the Corporations Act 2011), to exchange with credit providers, credit reporting agencies and credit providers named in reports obtained through those agencies, information about their personal credit, commercial activities or commercial credit-worthiness.
JOINT AND SEVERAL
The Customer and Guarantor(s) agree with Kennards that an agreement, representation or warranty on the part of two or more persons in this document binds them jointly and severally and that an agreement, representation or warranty for the benefit of two or more persons is for the benefit of them jointly and severally.
SIGNED BY THE CUSTOMER (of if the Customer is a Company the Director(s) of the Customer in its behalf)
Signed by the person(s) authorised to submit this credit application on behalf of the customer
Dated this:
of
20
Name:
Position:
Signature:
HIRE CONTRACT CONDITIONS
NOTE TO CUSTOMER You should read these Hire Contract terms carefully. They contain terms and conditions which may impact on you, including:
(a) the liability of Kennards to its Customers is excluded in some circumstances; and (b) Customers may be liable for damage to goods that are hired by them; and (c) Kennards' Privacy Policy permits Kennards in some circumstances and subject to compliance with the Australian Privacy Principles to provide data about a Customer, or data
provided by a Customer, to a third party in a form that may enable the third party to identify the Customer.
These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by Kennards and the Customer in writing. Kennards agrees to hire Equipment to the Customer on terms set out in this document. If the Customer wishes to hire Equipment the Customer must complete and sign (or otherwise accept in the manner required by Kennards) a Hire Schedule and such other documents as Kennards may require. Each Hire Schedule is not a separate contract but forms a part of this hire agreement between Kennards and the Customer, together with any credit application, guarantee and indemnity or other contractual documents. The customer agrees to receive hire schedules and all associated documentation by electronic means. Kennards may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.
Amendment: These Hire Contract Conditions may be changed by Kennards from time to time by Kennards giving notice of the amendment to the Customer. Notice is deemed given when Kennards does any of the following:
(a) sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer; (b) publishes the amended terms on its or (c) displays the amended terms at premises from which Kennards conducts hire operations. Changes to these Hire Contract Conditions will only apply to Hire Schedules entered into after the change has been notified to the Customer by one of the methods mentioned above.
1. INTERPRETATIONS OF WORDS IN THIS CONTRACT
2. KENNARDS OBLIGATIONS
COMMENCEMENT The date when the Customer takes possession of the Equipment
Kennards will:
EQUIPMENT Means any kind of equipment, vehicles or tools including but not limited to the following kinds of goods or goods suitable for the following kinds of uses: cleaning; cooling and/or heating; entertainment; waste management; landscaping and gardening: plumbing: fencing and covering: lifting: access; air and air compression; pumping and fluid management; welding; compaction; concrete and masonry; flooring; earthmoving; floor care and cleaning, generation and power distribution; ground equipment and shoring; ladders and scaffolding; propping; lighting; materials handling; offshore pumps; safety equipment; storage; site accommodation including portable buildings and portable toilets; traffic management including road barriers; signage; vehicles including trucks, vans and trailers, and includes tools and parts and accessories for any of the foregoing
2.1 Allow the Customer to take and use the Equipment for the Hire Period;
2.2 Provide the Equipment to the Customer clean and in good working order;
2.3 Collect the Equipment within five days of being requested to do so by the Customer and issuing to the Customer a Customer Pick Up Number NOTE TO CUSTOMER: You must return the Equipment at your expense when due back unless you obtain a Customer Pick Up Number from Kennards
3. OBLIGATIONS OF THE CUSTOMER The Customer must: 3.1 Deliver the Equipment to Kennards when it is due back;
CUSTOMER refers to the person, firm, organisation, partnership, corporation or other entity (including trust) hiring the Equipment from Kennards Hire as identified in the Credit Application or Hire Schedule
HIRE CHARGE The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment HIRE PERIOD Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if Kennards agrees. Kennards may issue an amended Hire Schedule for any extension of the Hire Period
HIRE SCHEDULE Means a document in such form as Kennards shall require, setting out the terms of the hire of Equipment, including the particulars of the Equipment and the Hire Period and such other information as Kennards may decide to include
KENNARDS The company or companies listed on the Hire Schedule
Kilometre Charge The amount payable for the kilometres that a Motor Vehicle has, in the reasonable opinion of Kennards, travelled during the Hire Period Motor Vehicle A truck or utility but not any other equipment such as a scissor lift, trailer or skid steer loader Remote Area Any location which is more than 50 kilometres from the Kennards branch from where the Equipment is hired
3.2 Return the Equipment to Kennards clean and in good repair;
3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes;
3.4 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer's instructions whether supplied by Kennards or posted on the Equipment;
NOTE TO CUSTOMER: You MUST advise Kennards if you require any further instruction on the operation and safe use of the Equipment 3.5 Indemnify Kennards for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;
3.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorized;
3.7 Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed;
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3.8 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;
3.9 Safely secure all items loaded in or on the Equipment or in or on the Customer's vehicle, and indemnify Kennards in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer;
3.10 Operate the Equipment with an adequate motor vehicle and/or power source;
3.11 Report and provide full details to Kennards of any accident or damage to the Equipment within 2 business days of the accident or damage occurring;
3.12 Sign any documentation requested by Kennards at such intervals as reasonably stipulated by Kennards, to confirm the Customer's acceptance of these Hire Contract Conditions.
The Customer must NOT:
3.13 Tamper with, damage or repair the Equipment;
3.14 Lose or part with possession of the Equipment;
3.15 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;
3.16 Allow any person to drive a Motor Vehicle if the person:
5.4 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are "contracted out" of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires Kennards to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires Kennards to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).
5.5 The following provisions of the PPS Law: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on Kennards. Customer agrees that in addition to those rights, Kennards shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Customer agrees that Kennards may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence
(a) does not hold a suitable licence to drive that class of Motor Vehicle; or (b) is affected by drugs and/or alcohol.
5.6 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS
3.17 Exceed the recommended or legal load and capacity limits of the Equipment; 3.18 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment.
Law. 5.7 Kennards and the Customer agree not to disclose information of the kind that can be
requested under section 275(1) of the PPS Law. The Customer must do everything
3.19 Exceed the recommended or legal speed limit for the Equipment.
necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to
4. PAYMENTS BY THE CUSTOMER TO KENNARDS
4.1 On or before Commencement (or as otherwise specifically agreed with Kennards), the Customer will pay the Hire Charge.
4.2 Immediately on request by Kennards, the Customer will pay:
Kennards the benefit of section 275 (6)(a) and Kennards shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.
5.8 Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any `security interest' (as defined in PPS Law) in the
(a) the new list price of any Equipment which is for whatever reason not returned
Equipment other than with the express written consent of Kennards.
to Kennards. NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment
5.9 Customer must not lease, hire, bail or give possession (`sub-hire') of the Equipment to anyone else unless Kennards (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Kennards and must be
expressed to be subject to the rights of Kennards under this agreement. Customer
(b) all costs incurred in cleaning the Equipment;
may not vary a sub-hire without the prior written consent of Kennards (which may be
withheld in its absolute discretion).
(c) the full cost of repairing any damage to the Equipment caused or contributed
to by the Customer, unless expressly agreed otherwise in this Contract;
5.10 Customer must ensure that Kennards is provided at all times with up-to-date
(d) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer's use of the Equipment;
information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.
5.11 Customer must take all steps including registration under PPS Law as may be
(e) all costs incurred by Kennards in delivering and recovering possession of the
required to:
Equipment;
(a) ensure that any security interest arising under or in respect of the sub-hire is
(f) Interest for late payment of amounts owing by the customer, at the pre-
enforceable, perfected and otherwise effective under the PPS Law;
judgement interest rate set by the Local Court of NSW from time to time;
(b) enabling the Customer to gain (subject always to the rights of Kennards) first
(g) the Kilometre Charge in excess of 100km per day and any additional Hire
priority (or any other priority agreed to by Kennards in writing) for the security
Charges;
interest; and
(h) the cost of fuels and consumables provided by Kennards and not returned by
the Customer;
(c) enabling Kennards and the Customer to exercise their respective rights in
(i) any reasonable expenses and legal costs (including commission payable to a
connection with the security interest.
commercial agent) incurred by Kennards in enforcing this Contract due to the 6. DAMAGE WAIVER
Customers default;
6.1 Damage Waiver is not insurance, but is an agreement by Kennards that the
(j) all costs of repairing or replacing tyres, including road service;
(k) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract.
(l) loading costs when equipment hired with an hour meter is used in excess of 8 hours per day
4.3 Without limiting the ability of Kennards to recover all amounts owing to it, the Customer authorises Kennards to charge any amounts owing by the Customer to any
Customer's liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.
6.2 Damage Waiver applies to all hires, subject to the conditions below, for no additional fee. The Damage Waiver Excess is the actual recovery and repair cost of the Equipment, or 20% of the current replacement cost of the Equipment as reasonably determined by Kennards using suppliers list prices, whichever is the lesser amount.
credit card or account details of which are provided to Kennards.
DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER'S
4.4 Kennards may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.
LIABILITY IN THE FOLLOWING CIRCUMSTANCES: (a) where the Equipment is lost or stolen;
5. PPS LAW
(b) where the operator is not suitably licensed;
5.1 This clause applies to the extent that this Contract provides for a `security interest' for the purposes of the Personal Property Securities Act 2009 (Cth) ("PPS Law"). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation.
5.2 Kennards may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which Kennards requires for the purposes of:
(a) ensuring that Kennards' security interest is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling Kennards to gain first priority (or any other priority agreed to by Kennards in writing) for its security interest; and
(c) enabling Kennards to exercise rights in connection with the security interest.
5.3 The rights of Kennards under this document are in addition to and not in substitution for Kennards' rights under other law (including the PPS Law) and Kennards may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it Kennards security interest will attach to proceeds.
(c) where the operator is affected by drugs and/or alcohol; (d) where the equipment has been wilfully damaged at any time during the Hire
Period; (e) where the damage is caused by a collision with a bridge, carpark, awning,
gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance;
(f) where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road;
(g) where the damage is caused in any way by overloading; or (h) where the damage is caused to a truck pantech or truck crane. 6.3 The Customer may pay an additional Vehicle Waiver Plus Fee (Excluding Customers driving with "P" plate licences) in relation to the hire of Motor Vehicles, which will;
(a) reduce the Damage Waiver Excess in relation to Motor Vehicles; (b) cover damage to a pantech or van body above cab height; and
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(c) add a Theft Waiver component for Motor Vehicles. Theft Waiver is not
9.2 The Customer indemnifies Kennards in respect of any damages, costs or loss, to the
insurance, but is an agreement by Kennards that the Customer's liability for
extent caused or contributed to by the customer resulting from a breach by the
theft or loss of the Motor Vehicle can be limited in some circumstances only to
Customer of any provision of this Contract.
an amount called the Theft Waiver Excess. 10.
Kennards may ask the Customer to pay the Vehicle Waiver Plus Fee on the hire of Motor Vehicles, but the Customer may decide to opt out of that payment.
Credit account customers will have the Vehicle Waiver Plus applied to all relevant hires unless the Customer has declined the Waiver on the credit application or opted out by providing notice to Kennards in writing.
DISPUTES
10.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Kennards in writing within 30 days of the Hire Contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.
The reduced Damage Waiver Excess and the Theft Waiver Excess apply to Motor
Vehicles when the Vehicle Waiver Plus Fee is paid this will be shown on the Hire
10.2 If a dispute arises relating to this Contract, the hiring or the use of the Equipment
Contract and will vary for different classes of vehicles.
(except in regard to payments due to Kennards), the parties agree to negotiate to
settle the dispute with the assistance of the Hire and Rental Association of Australia
6.4 The Customer may pay an additional Equipment Waiver Plus Fee in relation to the
before litigation.
hire of medium and large equipment (being such Equipment as determined by Kennards at the time of hire), which will;
11. EQUIPMENT DATA
Kennards' Equipment may contain on-board devices (each a GPS Device) which enable the
(a) reduce the Damage Waiver Excess in relation to medium and large equipment;
Equipment to be connected to the internet and to send commands to and receive certain
and
information from the Equipment, including geolocation data from a global positioning system
(b) add a Theft Waiver component for medium and large machinery. Theft Waiver
and other data including but not limited to speed, battery voltage and ignition status of such
is not insurance, but is an agreement by Kennards that the Customer's liability for theft or loss of the Equipment can be limited in some circumstances only to
Equipment.
an amount called the Theft Waiver Excess.
By hiring any Equipment from Kennards, the Customer expressly consents to Kennards' use of
Kennards may ask the Customer to pay the Equipment Waiver Plus Fee on the hire of medium and large equipment, but the Customer may decide to opt out of that payment.
the GPS Device on such Equipment during the Hire Period and to Kennards collecting, using and retaining information from the GPS Device in accordance with our Privacy Policy, and that Kennards is the owner of that data subject to your rights as set out in our Privacy Policy.
The reduced Damage Waiver Excess and the Theft Waiver Excess which apply to medium and large equipment when the Equipment Waiver Plus Fee is paid will be
12. PRIVACY
shown on the Hire Contract and will vary for different types of machinery.
Kennards will comply with the Australian Privacy Principles in all dealings with Customers. A
6.5 The reduced Damage Waiver Excess and the Theft Waiver Excess which apply to medium and large equipment when the Equipment Waiver Plus Fee is paid will be
copy of the Kennards Privacy Statement is available upon request or by visiting www.kennards.com.au/privacy-policy
shown on the Hire Contract and will vary for different types of machinery.
13. GOVERNING LAW
THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER'S LIABILITY
13.1 This Hire Contract is a payment claim under the Building and Construction Industry
FOR THEFT in the following circumstances;
Security of Payment Act 1999 NSW, the Building and Construction Industry Security
(a) where the Customer has failed to keep the Equipment in a securely locked
of Payment Act 2002 VIC, the Building and Construction Industry Payments Act 2004
enclosed area, or in the case of a Motor Vehicle, has failed to properly secure
QLD, the Building and Construction Industry Security of Payment Act 2009 SA, the
or lock the Motor Vehicle; or
Construction Contracts Act 2004 WA, the Building and Construction Industry
(Security of Payment) Act 2009 ACT, the Building and Construction Industry Security
(b) where the Customer has failed to submit to Kennards a Police Report on the
of Payment Act 2009 TAS, and/or the Construction Contracts (Security of Payments)
theft within 7 days of the theft allegedly occurring.
Act 2009 NT.
In the event of Theft Waiver applying, hire fees will be charged to the Customer until
the Police Report is provided to Kennards.
13.2 Except where Kennards in its discretion takes action against the Customer under any
6.6 Damage Waiver or Theft Waiver will NOT apply where Kennards determines that any
of the Building and Construction Industry legislation referred to in this clause,
of the applicable circumstances in clauses 6.2(b)-(h) or 6.4(a)-(b) respectively have
Kennards and the Customer agree that this Contract is governed by the law of the
occurred, unless the Customer is able to establish otherwise to the reasonable
state of New South Wales, and the parties submit to the jurisdiction of the courts of
satisfaction of Kennards.
that State.
14. CONTACTLESS COLLECTION AND RETURN
7. EXCLUSION OF WARANTIES AND LIABILITIES
14.1 Kennards may in its discretion, and subject to satisfactory identification of the
7.1 Where the Australian Consumer Law applies, the Customer has the benefit of
Customer and its authorised representatives, issue a Personal Identification
guarantees in relation to the hire of the Equipment which cannot be excluded.
Number ("PIN") to an individual authorised representative of the Customer to
7.2 Where the Australian Consumer Law applies and the goods are not of a kind
allow self-collection and self-return of the Equipment by the Customer from and
ordinarily acquired for personal domestic or household use or consumption,
to a Kennards branch ("the Branch"). The PIN may be withdrawn by Kennards
Kennards liability in respect of any guarantee is limited to the replacement or repair
in its discretion at any time. The Customer must comply with all requirements
of the goods, or the cost of having the goods repaired or replaced.
stipulated from time to time by Kennards for entry to the Branch using the PIN,
7.3 To the extent that the Australian Consumer Law (or any other law which cannot be
including that the Customer must;
excluded) does not apply. Kennards makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.
8. Remote Hire
(a) follow all directions given by Kennards as to the procedure for obtaining access to the Branch;
(b) enter the Branch at its own risk, and any injuries or death or damage to equipment or property that may occur while loading or unloading Equipment are the responsibility of the Customer;
(c) ensure that the main gate of the Branch is closed and locked when leaving
Where the Equipment is at any time hired by the Customer to be located in the Remote Area, the following clauses will also apply, in addition to the obligations of the Customer under Clause 3 and elsewhere in these Hire Contract Conditions;
(a) The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by Kennards (`Remote Area Charges'). The Remote Area Charges will be calculated on a per kilometre rate travelled by Kennards staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by Kennards and its staff in connection with travel to and from the Remote Area;
the Branch, failing which the Customer will be liable for any theft or attempted theft of equipment from the Branch, or for any damage to equipment at the Branch, or damage to the Branch itself;
(d) consent to being filmed or photographed by CCTV while at and entering and leaving the Branch;
(e) Before it enters the Branch, ensure that it has requested and obtained from Kennards any assistance it may require as to the operation and safe use of the Equipment;
(f) at all times keep confidential the PIN, and ensure that the PIN is only used by the person to whom it is issued and that no other persons are given access to the Branch at any time; and
(g) only take into their possession, Equipment detailed on an active Hire Schedule
(b) Multiple items of Equipment hire by a Customer on the one site will only be
provided to the Customer by Kennards
charged for one call out fee;
(c) The Customer is responsible at its cost for daily maintenance and care of all Multiple items of Equipment hire by a Customer on the one site will only be fittings and lubrication of all grease points.
9. BREACH OF HIRE CONTRACT BY CUSTOMER
If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:
9.1 Kennards shall be entitled to:
(a) terminate this Contract; and/or
(b) sue for recovery of all monies owing by the Customer; and/or
(c) repossess the Equipment (and is authorized to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.
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kennards.com.au
