Poles & Holes – Hire Agreement Terms and Conditions

1. Definitions

(a) The Owner is Outlook Investments Pty Ltd ABN 94 871 511 793 trading as Poles & Holes.

(b) The Hirer is the person, firm, or company hiring Plant from the Owner.

2. Hire Charges

Hire is charged from the time the Plant leaves the Owner’s possession at the Hirer’s request (including weekends and public holidays), regardless of whether the Plant is in use.

3. Hire Period

Charges commence when the Plant is delivered and continue until the Hirer requests collection. The hire period only ends once the Plant is collected by the Owner.

4. Responsibilities of the Hirer

The Hirer agrees to:

Assess the suitability and condition of the Plant for its intended purpose.
Operate the Plant properly, within its design capacity, and understand the Owner provides no guarantee of suitability.
Clean and maintain the Plant in good working condition at their own expense.
Accept that temporary power poles are provided with a 6-month safety switch test sticker. After this period, further compliance is the Hirer’s responsibility.
Take full responsibility for the Plant’s safekeeping, indemnifying the Owner against any loss, theft, or damage, regardless of cause. Responsibility lies with the Hirer until the Plant is collected.
Accept liability for all injury or damage claims during the hire period, including those arising from the actions of the Owner’s employees or representatives.
Not place a lien on the Plant, nor move it outside the state or relinquish possession without written consent from the Owner.
Avoid altering, defacing, or making additions to the Plant.
Acknowledge that Damage Cover is included in the hire rate.
Pay all hire charges and costs, with overdue amounts incurring 15% per annum interest.

5. Termination by the Owner

The Owner may terminate the hire agreement:

At any time with 24 hours’ written notice.
Immediately and without notice if the Hirer breaches this agreement, becomes insolvent, or is subject to administration or winding up. The Owner may recover the Plant and enter premises for this purpose.

6. Theft, Loss & Damage

The Hirer is responsible for all loss, theft, or damage to the Plant. The Owner may waive claims only if:

A police report is provided,
The Hirer took reasonable precautions, and
The loss was not due to negligence.

A $500 excess applies. Insurance cover excludes:

Misuse, abuse, or overloading
Disappearance or wrongful conversion
Breach of agreement terms
Illegal use
Accessories
Inherent operational risks
Electrical faults or inappropriate cables
Corrosive substances
Non-Owner transport
Hirer negligence

7. Limitation of Liability

The Owner’s liability is limited to the repair or replacement of the Plant. No compensation is offered for indirect, economic, or consequential loss.

8. Rate Changes

The Owner may revise hire rates and charges without prior notice.

9. Right of Entry

The Hirer authorises the Owner (with reasonable notice) to enter any premises to recover the Plant. The Hirer agrees to cover all costs related to retrieval, legal action, and enforcement.

10. Documentation and Authority

The Hirer agrees to:

Sign documents or take steps needed to uphold this agreement.
Appoint the Owner as attorney to act on the Hirer’s behalf as required.

11. Warranties by the Hirer

The Hirer warrants that:

All information provided is true and accurate.
Nothing relevant has been withheld.
No ongoing or threatened legal issues exist that may affect the Hirer’s performance.
The agreement is not based on any promises from the Owner.

12. Personal Guarantees

If the Hirer is a company, trust, or partnership, all principals may need to sign personal guarantees. If this is not done, the agreement may be voided at the Owner’s discretion.

13. Credit Reporting Consent

The Hirer and Guarantors agree:

The Owner may request credit checks.
Information may be shared with credit reporting agencies.
Shared data includes creditworthiness, history, and provider information.
The information shared will comply with the Privacy Act 1988 (Cth).

14. Execution in Counterparts

This agreement may be executed in multiple parts, all forming one binding document.

15. Severability

If any clause is deemed unenforceable, the remaining clauses remain valid and enforceable.

16. Non-Payment and Debt Recovery

Accounts unpaid beyond 30 days will accrue 15% per annum interest. Overdue accounts may result in:

Suspension of hire services
Recovery of the Plant
Administrative and legal recovery fees, including up to 20% broker fees and court costs

17. Invalid Clauses

Any clause found unenforceable in any jurisdiction does not impact the validity of other provisions.

18. Personal Indemnity

By signing this agreement, the Hirer and Guarantors personally indemnify the Owner against any losses caused by their actions or omissions.