SPECIAL HIRE CONDITIONS


1 VEHICLES

When You hire a Motor Vehicle from Us, these additional Special Conditions of Hire form part of Your Hire Agreement.  Terms used in these Special Conditions have the same meaning as those used in the Terms of Hire unless indicated otherwise:

1.1 ​“Motor Vehicle” means Equipment that is a car, truck, utility, caravan, van, motorbike, bus, prime mover, water-cart, pantech or truck or trailer mounted attenuator.

1.2 ​In the event that the Motor Vehicle is lost, stolen or damaged during the Hire Period, Your liability is determined in accordance with clauses 14, 15 and 16.6 of the Terms of Hire (as varied according to this Special Condition 1).

1.3 Clause 15.5 of the Terms of Hire is amended by replacing the wording with the following:

  • “If loss, theft or damage to a Motor Vehicle occurs, the LTD Waiver Excess will be charged. The LTD Waiver Excess is the actual cost of repair of the Motor Vehicle, as reasonably determined by Us.
  • The LTD Waiver Excess payable for the Motor Vehicle is:
      1. ​the cost of repairing any damage to the Motor Vehicle up to an amount of $2,500 if the driver is 25 years or over; OR
      2. the cost of repairing any damage to the Motor Vehicle up to an amount of $3,500 if the driver is under 25 years”;

For the avoidance of doubt, Motor Vehicle LTD Waiver Excess will not cover Your liability in respect of any claim by a third party arising out of the Motor Vehicle being lost or stolen during the Hire Period. Notwithstanding clause 16.6(c) and subject to clause 15.6, the LTD Waiver Excess will cover a claim by a third party which relates solely to damage sustained to the third party’s motor vehicle arising as a result of Your use of the Motor Vehicle.

1.4  Clause 15.6 of the Terms of Hire is amended by replacing the wording with the following:

​“Even if you have paid the LTD Waiver Fee, We will not waive Our rights to claim against You for loss, theft or damage to the Motor Vehicle and the LTD Waiver will not apply if the loss, theft or damage:

    1. to the Motor Vehicle, or to the motor vehicle of any third party, has been caused by Your deliberate or reckless act or omission, or by the deliberate or reckless act or omission of any other driver of the Motor Vehicle or any passenger being carried in the Motor Vehicle during the Hire Period;
    2. has arisen as a result of Your use of the Motor Vehicle in violation of any laws (other than a minor traffic offence which does not automatically result in the loss of the drivers’ licence of the driver of the Motor Vehicle);
    3. has arisen as a result of Your breach of a clause of this Hire Agreement;
    4. has been caused by Your failure to use the Motor Vehicle for its intended purpose or in accordance with Our instructions or the manufacturer’s instructions;
    5. occurs to the Motor Vehicle whilst it is located, used, loaded, unloaded, transported on or over water, wharves, bridges or vessels of any kind;
    6. has been caused by a lack of lubrication or a failure to properly service or maintain the Motor Vehicle;
    7. has been caused by collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object due to insufficient clearance;
    8. has been caused by the overloading of the Motor Vehicle or any components thereof;
    9. is caused by exposure to any corrosive or caustic substance, such as cyanide, salt water, acid;
    10. is caused by vandalism;
    11. is to windscreens, mirrors, glass or perspex;
    12. is to any crane mounted on the Motor Vehicle;
    13. is caused by a truck mounted device; OR
    14. is caused while the Motor Vehicle is being driven on any road that is unsealed or is not a public road”.

1.5 For the avoidance of doubt, You are liable to pay the cost of repairing or replacing flat or damaged tyres or tubes arising as a result of Your use of the Motor Vehicle. 

1.6 You warrant that You will not allow a person to drive a Motor Vehicle if the person:

    1. is a learner driver;
    2. does not hold an appropriate licence to drive that class of Motor Vehicle;
    3. is under the age of 18 years; 
    4. is more than 80 years of age; or
    5. is affected by, or under the influence of, drugs and/or alcohol.

1.7   We may require You to provide Us with any information required under relevant legislation for those persons who will operate the Motor Vehicle.  We are also permitted to request and record the details of the licences of any drivers during the Hire Period.

1.8   You will keep a record of all relevant details of any driver of a Motor Vehicle including: name, licence details, date and time that the driver used the Motor Vehicle.

1.9   You will promptly pay all tolls, fines, penalties and other statutory or Government charges arising out of Your use of the Motor Vehicle during the Hire Period. If We pay any such charges on Your behalf, You must reimburse Us within 7 days of receiving notification of the charges from Us.

1.10 In the event of an accident occurring to the Motor Vehicle during the Hire Period, You will thoroughly record the circumstances of the accident, and fully co-operate with Us and/or our insurer.

1.11 You must pay a charge for the number of kilometres that You travel during the Hire Period, or for excess kilometres if an agreed usage is made within the hire charge.

1.12 You warrant that you will not load the Motor Vehicle in excess of the Motor Vehicle's gross vehicle mass at any time during the Hire Period.

1.13 You must return the Motor Vehicle to Us with a full tank of fuel or You will be liable to pay Us a charge specified by us, which will include a labour fee, for filling the fuel tank.

1.14   If there is any inconsistency between the Terms of Hire and these Special Conditions of Hire, then these Special Conditions of Hire will prevail to the extent of the inconsistency.

2 TRAILERS

2.1 If the Vehicle is a trailer, the following additional obligations apply:

    1. The towing vehicle must:
      1. be in a roadworthy and safe condition;
      2. have a towing capacity that exceeds the maximum loaded weight of the trailer;
      3. have a tow bar that is suitable for the trailer; and
      4. have an electric socket for the operation of the lights on the trailer.
    2. At all times during the Rental Period You must ensure:
      1. the lights on the trailer are fully and correctly operational; and
      2. the safety chains are correctly fitted to the towing vehicle; and

2.2 We strongly recommend that You check with Your Vehicle insurer that they will cover theft or Damage to Our trailer. You acknowledge that the trailer is insured for third party property insurance only and does not include coverage of Your own vehicle or the load carried. This includes but is not limited to goods, as well as animals hurt or maimed by the trailer or equipment carried in or on the trailer.

3 TRUCKS

If the Vehicle is a truck, the following additional obligations apply:

    1. In addition to Your obligations under clause 5.8, You must take reasonable care of the truck by:
      1. properly securing any goods, property or equipment carried in the truck; and
      2. by ensuring it is only operated on flat ground
        ​Note: if the Vehicle is operated on sloped ground and rolls due to operator error there is no Damage Cover.
    2. There is no Damage Cover for Damage caused by:
      1. loading or unloading the truck, except for reasonable wear and tear; or
      2. Your failure to properly secure goods, property or equipment carried in the truck; and
    3. There is also no Damage Cover for:
      1. loss or damage to goods or property carried in the truck whether owned by You or a Third Party and You agree to fully indemnify Us for any claims for Third Party Loss that occurs during the Rental Period; and
      2. Third Party Loss resulting from goods or property falling from the truck.

4 EARTH MOVING AND COMPACTING EQUIPMENT

When You hire Earthmoving or Compaction Equipment from Us, these additional Special Conditions of Hire form part of Your Hire Agreement.  Terms used in these Special Conditions have the same meaning as those used in the Terms of Hire unless indicated otherwise:

4.1 Definitions

    1. “Earthmoving & Compaction Equipment” means any Equipment used to move earth, soil, rocks, or compact soil and includes, without limitation, excavators and mini excavators, backhoes, skid steer loaders, wheel loaders, motor graders, tractors, articulated trucks, attachments, smooth drum rollers, padfoot rollers and multi-tyre rollers. 
    2. Machine Control and Guidance Devices” means any device designed to guide the operation of the Earthmoving & Compaction Equipment, including but not limited to cross slope, laser, universal tracking systems, global positioning systems or compaction meters.
    3. “Wear Items” includes ground engaging tools, wear on blades/buckets/rippers, tyres, track gear and fuel lubricants.

4.2 You acknowledge that We have made the manufacturer’s operating and safety instructions for the Earthmoving and Compaction Equipment You have hired available to You to read.

4.3 You must pay an excess hire charge where You use the Earthmoving & Compaction Equipment in excess of the number of hours specified in the Hire Schedule. The excess hire charge is payable only in respect of those hours exceeding the specified number of hours.

4.4 Wear to tyres, track gear & Wear Items: We are responsible for the cost of ordinary wear and tear to tyres, track gear & Wear Items. You are liable for the cost of repairing or replacing flat or damaged tyres and You are responsible for all wear and tear and damage to tyres, track gear and Wear Items which is caused by use of the tyres, track gear and Wear Items in conditions which We reasonably consider adverse or abnormal. At all times You must adhere to the manufacturer’s recommended tyre pressure and track tension. You are responsible for replacing Wear Items when they become worn out or used up during the Hire Period.

4.5 You are responsible for undertaking the daily “Operator Safety Check” as outlined in the Coates “Pre-Hire and On-Site Inspection and Operator Safety Check Logbook”. These logbooks are located in protective pouches on the Earthmoving & Compaction Equipment.

4.6 You are responsible for the correct installation, calibration and use, as per the manufacturer’s instructions of any attachments fitted to the Earthmoving & Compaction Equipment, not supplied or installed by Us. You must seek approval in writing from Us If any attachments apart from those supplied by Us are to be fitted to the machine. 

4.7 You are required to use best endeavours to prevent the theft of any Machine Control and Guidance Devices from the Earthmoving & Compaction Equipment. You must remove any detachable operator display or receiver of a Machine Control and Guidance Device from the Earthmoving & Compaction Equipment at the end of every shift and store it in a safe place.

4.8 You are responsible for verifying the accuracy of any Machine Control and Guidance Device during the Hire Period. You must check the calibration of the Machine Control and Guidance Device on the Earthmoving & Compaction Equipment before each use and calibrate it at frequent intervals during use of the Earthmoving & Compaction Equipment.

4.9 If there is any inconsistency between the Terms of Hire and these Special Conditions of Hire, then these Special Conditions of Hire will prevail to the extent of the inconsistency.

5 ​POWER GENERATION

When You hire a Power Generator from Us, these additional Special Conditions of Hire form part of Your Hire Agreement.  Terms used in these Special Conditions have the same meaning as those used in the Terms of Hire unless indicated otherwise:

5.1 Definitions

    1. “Power Generator” means a device or combination of devices that converts mechanical energy, chemical reaction or photovoltaics to produce electrical energy (also known as a generator set or power source).

 5.2 You acknowledge that We have made the manufacturer’s operating and safety instructions for the Power Generator You have hired available to You to read.

 5.3 If a crane is required for the safe and proper delivery of a Power Generator, You will be liable for the cost of the crane which includes any waiting time.

 5.4 You acknowledge that where the Power Generator is required to be connected to fixed or hard wiring, You are responsible for arranging the connection, maintenance and disconnection of the Power Generator by a suitably qualified electrical contractor who conducts the works strictly in accordance with the applicable State or Territory laws and regulations.

5.5 We are not responsible for arranging the inspection or reinspection of the Power Generators by the applicable electrical safety authority, where required.  Such inspections will be arranged by You at Your expense.

5.6 You agree to operate the Power Generator strictly in accordance with the applicable State and Territory electrical laws and regulations.

5.7 You agree to operate the Power Generator strictly in accordance with all environmental laws and regulations. You agree to indemnify Us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Us) which we may incur as a result of Your failure to comply with any environmental law or regulation. 

 5.8 When operating the Power Generator, You will:

    1. Properly position the Power Generator and any accessories to eliminate any adverse environmental impact to ensure that it will not leak, spill or disperse any fluids, oils, coolants or fuels;
    2. In the event of a leak, spill or dispersal, immediately implement control measures to prevent, limit or reduce the impact;
    3. Evaluate whether spill kits should be available at the site the Power Generator is located;
    4. Be responsible for the installation, plumbing or bunding of any external fuel cells or additional tanks.

 5.9 We make no warranties about the ability of the Power Generator to provide constant, uninterrupted power supply. You are responsible for ensuring there is a contingency power supply in place on site in the event that the Power Generator fails.  You will be liable and indemnify Us against all liability, claims, damage, loss, costs and expenses arising as a result of Your hire of the Power Generator and Your failure to implement a contingency power supply.

 5.10 If there is any inconsistency between the Terms of Hire and these Special Conditions of Hire, then these Special Conditions of Hire will prevail to the extent of the inconsistency.


6 ​ HYDRAULIC SYNCHRONISED LIFTING SYSTEMS

When You hire an HSLS from Us, these additional Special Conditions of Hire form part of Your Hire Agreement.  Terms used in these Special Conditions have the same meaning as those used in the Terms of Hire unless indicated otherwise:

6.1 Definitions

    1. “ HSLS Oil” means the oil referred to the in the  HSLS User Manual
    2. “HSLS” means the Hydraulic Synchronised Lifting System as described in the User Manual, as amended from time to time, and which is used for controlling the lifting, lowering and positioning of large, heavy or complex structures.
    3. “Hire Period” is redefined in these Special Conditions, such that it commences when the Equipment leaves Our premises, regardless of whether You have requested that We organise transport and delivery of the HSLS, or whether You have organised the transport and delivery of the HSLS.
      1. The Hire Period is for an indefinite term and ends when the HSLS is back at Our premises.
      2.  The Hire Period includes weekends and public holidays.
    4. “User Manual” means the HSLS User Manual, as amended from time to time.

6.2 You acknowledge that We have made the User Manual available to You to read and that You are obliged to use the HSLS in accordance with the User Manual.

6.3 You warrant that You have, or had the opportunity to, obtained Your own independent advice from a qualified professional in relation to the proper installation and use of the HSLS for Your required purpose.

 6.4 Any designs, calculations, drawings, specifications, sketches, advice or site assistance produced or given by Us for You are prepared solely on the information supplied by You and we are not responsible for the accuracy of the details contained therein.  All designs, calculations, drawings, specifications, sketches, advice and site assistance produced or given by Us are indicative only. You acknowledge and agree that We are not liable for any loss or damage arising from the use of such designs, calculations, drawings, specifications, sketches, advice or site assistance.  You indemnify Us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Us and any environmental loss, cost, damage or expense) in respect of:

    1. personal injury and death;
    2. damage to tangible property; or
    3. claim by a third party,

in relation to Your use or reliance on the designs, calculations, drawings, specifications, sketches, advice or site assistance produced or given by Us.

6.5 Under no circumstances will We supply an operator to operate the HSLS on Your behalf.

6.6 To prevent oil cross contamination, You must ensure that only Enerpac Oil is contained in the components that You attach to the HSLS. If the HSLS has been contaminated, You must immediately stop using the HSLS and notify Us. 

6.7 You acknowledge and agree that You are responsible for any contamination of the HSLS in the Hire Period, and You will be liable for all costs We incur in decontaminating and repairing the HSLS. If, in Our opinion acting reasonably, the HSLS is not capable of being decontaminated, You will be charged for the new replacement cost of the HSLS.

6.8  During out of site hours and when the HSLS is unsupervised, You are required to lock the control station of the HSLS to prevent unauthorised access to the control station.

6.9 Subject to clause 16 of the Terms of Hire , We are also excluded from all liability relating to the hire and use of the  HSLS by You, including, but not limited to, liability arising from:

    1. damage to utilities or services on, above or below the ground;
    2. damage to all existing, related, adjacent or surrounding structures on above or below the ground;
    3. the operation of the  HSLS where it is not adequate for conditions, Your required purpose, specific job requirements, or intended use; or
    4. malfunction of the HSLS.

6.10 If there is any inconsistency between the Terms of Hire and these Special Conditions of Hire, then these Special Conditions of Hire will prevail to the extent of the inconsistency.


7 ​DANGEROUS GOODS CONTAINERS​

When You hire Dangerous Goods Containers from Us, these additional Special Conditions of Hire form part of Your Hire Agreement.   Terms used in these Special Conditions have the same meaning as those used in the Terms of Hire unless indicated otherwise:

7.1 Definitions

    1. “Dangerous Goods means substances that present an immediate hazard to people, property or the environment.
    2. Dangerous Goods Container” means a container used for the storage of Dangerous Goods. 
    3. "SDS” means a safety data sheet.

7.2 You acknowledge that We have made the operating and safety instructions for the Dangerous Goods Container You have hired available to You to read.

7.3 You warrant that a competent person will:

    1. Determine the suitability of the Dangerous Goods Container for the storage of the particular Dangerous Goods that You will be storing;
    2. review the location of the Dangerous Goods Container having regard to site risks, including without limitation: ignition sources; traffic impacts; proximity to sensitive assets; security; and neighbouring land use.
    3. Determine whether, and applying as necessary, any required regulatory markings, labels or signage or other documentation to the Dangerous Goods Container and or perimeter fencing of the site in accordance with relevant legislation.
    4. Provide a SDS for the users of any dangerous goods stored in the Dangerous Goods Container. The SDS will be placed in the document holder inside the Container.

7.4 You must return Hazardous or Dangerous Goods Containers to Us with all hazardous or dangerous goods and contents removed and in a clean and decontaminated condition. We may refuse to collect or accept the Hazardous or Dangerous Goods Container if it is not empty, clean and decontaminated.

7.5 If You do not return the Dangerous Goods Container in a clean and decontaminated condition, You will be liable for the cost of undertaking any repairs, cleaning or decontamination. Such cost may include the cost of laboratory analysis or other expert advice.

7.6 Dangerous Goods Containers with Dangerous Goods inside must only be transported in accordance with all relevant laws and if appropriate SDS documentation is carried by the driver. 

7.7 We may refuse to collect a Dangerous Goods Container if it cannot be moved safely or if it is not empty.

8 ​PORTABLE BUILDINGS​

When You hire Portable Buildings from Us, these additional Special Conditions of Hire form part of Your Hire Agreement.  Terms used in these Special Conditions have the same meaning as those used in the Terms of Hire unless indicated otherwise

8.1 Definitions

    1.  “Approvals and Permits” includes any development consent, permits (building permits or otherwise) or other approval from any local council, Authority or as otherwise required by law regarding the installation of the Portable Buildings and any Works. 
    2. “Authority” and “Authorities” includes any public authority or government agency responsible for regulating any Works.
    3. “Licence” means a validly issued licence (including a building licence in the appropriate classes) issued by the relevant Authority with respect to the Works.
    4. “Portable Building(s)” means a relocatable, demountable or transportable building that is designed to be moveable and is hired to You for temporary purposes.
    5. “Site” means the site where the Portable Buildings are installed.
    6. “Works” means the works (if any) We have been engaged to manage in connection with the hire of the Portable Buildings and may include design, installation, maintenance and certification services.

8.2 You acknowledge and agree that:

    1. the Portable Buildings are for temporary commercial use only and will be on the Site for a limited duration.  The Portable Buildings will not form part of any permanent structure or building on the Site;
    2. You will obtain all relevant Approvals and Permits at Your cost prior to:
      1.  the commencement of the Hire Period; and
      2. engaging Us to manage the Works (if any).
    3. where We have been engaged to manage any Works associated with the hire of the Portable Buildings:
      1. you acknowledge that We are not a registered building practitioner or engineer (and do not hold a Licence as a building practitioner or engineer) and Our employees will not be carrying out the Works. The Works (at all times) are to be carried out by a third party who holds the relevant Licence(s) or is otherwise registered to carry out the Works;
      2. We will not be responsible for the acts or omissions of any subcontractors, agents or consultants You engage in connection with the Works (if any) (“Personnel”) and
      3. You release Us from all claims, costs, liabilities and expenses You incur arising from the acts or omissions of such Personnel;
      4. You warrant that the installation of the Portable Buildings is exempt from the requirements to obtain any Approval or Permits (unless otherwise advised by You in writing prior to the commencement of the Works). Where such Works are not exempt, 
        You warrant that you have obtained all relevant Approvals and Permits prior to the installation of the Portable Buildings and that We will not be breaching the requirements of any Approvals and Permits in managing the Works;
      5. You will immediately notify Us of any works that an Authority (including a building surveyor) advises You that requires Approvals or Permits to be held by Us or the installer of the Portable Buildings;
      6. You will only engage and allow on Site installers that hold the relevant Licences or are otherwise registered to install the Portable Buildings and that can comply with the terms and conditions of the Approvals and Permits;
      7. You will clearly mark and identify all in-ground and buried services (and advise of any utilities or services located on or above the Site) prior to the installation of the Portable Buildings.
    4. You will not require us to register with any Authority for the purposes of obtaining any Licences, building permits or to otherwise manage any Works.
    5. You will indemnify Us should We incur any liability, damage, loss, costs, expense or fine as a result of Your breach of, or in connection with, this clause 13.
    6. In the event of any inconsistency between the terms of this Hire Agreement and this clause 13, this clause 13 shall prevail.


9 CRANES - DRY AND WET - GENERAL

    1.  You must ensure that all relevant Legal Requirements and safety standards relating to the safe use and handling of the Equipment are complied with during the Term and that the Equipment during the Term does not place the public, the community or the environment at risk of injury, illness or damage.
    2. You ensure your employees, the Supplier Personnel and other persons working on or around the Equipment shall: 
      1. take active steps, including review of operating manuals, to ensure they are familiar with the safe operation and operating parameters of the Equipment;
      2. be fit for duty and not under the influence of drugs or alcohol;
      3. be appropriately briefed by You as to the site, safe work systems, restricted zones and any applicable lift plans or studies; and
      4. wear suitable protective and high visibility clothing.
    3. You must obtain and furnish any necessary permits, consents, approvals or notices required for the use or transport of the Equipment during the Term and comply with any relevant Legal Requirements and industry standards or protocols whilst in possession of the Equipment.
    4. You shall pay all fines and penalties incurred while the Equipment is in the possession of the Hirer or while the risk of the Equipment is with Us.
    5. You will consult and cooperate with Us in respect of matters relating to the safe use and handling of the Equipment.
    6. You must immediately notify Us of any incident, near miss, safety breach, fine, penalty or investigation by a regulator during the Term which involves the Our Personnel or the Equipment.

9 DRY HIRE - CRANES

If the Hire Agreement is for a Dry Hire, the You warrant as follows:

    1. The Equipment will only be used for a proper purpose and for which it has been designed, manufactured and supplied.
    2. Prior to each use of the Equipment, the Hirer will: 
      1. fully inspect the Equipment and the Site,
      2. complete pre-start checks required by the Supplier or the OEM;
      3. review OEM operating manuals, safety alerts and inspection reports and take such other steps required to determine the suitability of the Equipment to undertake the proposed task;
      4. identify any foreseeable hazards or risks of harm in respect of the planned use of the Equipment and implement appropriate controls to minimise or where possible, to eliminate the risks in accordance with all relevant Legal Requirements.
      5. You will pay prior to start of dry hire agreement an amount of 4 x weekly hire in order to secure the crane and remain 2 weeks in advance before leaving the depot.
    3. The Equipment will only be operated by qualified and trained personnel who possess current licenses to operate the Equipment. You will provide evidence of such qualifications and licenses to Us on request.
    4. The Equipment will be operated to a standard of skill, knowledge and competence of an experienced and professional operator of the Equipment in compliance with all relevant Legal Requirements.
    5. You will ensure that all safety information supplied with the Equipment is conveyed to the operator of the Equipment and that any safety related signs, banners, flags or warnings supplied by Us in relation to the Equipment are prominently displayed.
    6. You will maintain, service, clean, lubricate and fuel the Equipment in accordance with the OEM maintenance manual or as otherwise specified by the Supplier, and record such action in the log book provided.
    7. The Equipment will be returned to Us in the same condition (fair wear and tear excepted) as it was provided by US at the start of the Term and with a full tank of fuel.
    8. You shall pay the cost of replacing damaged tyres and rims and any cleaning or painting which We reasonably requires to return Equipment to pre-hire condition, fair wear and tear excepted.
    9. If You return the Equipment in an unclean condition, You shall be liable to Us for the cost of cleaning the Equipment at a rate of $85+GST per hour

10 WET HIRE - CRANES

If the Hire Agreement is for a Wet Hire, the You shall warrant as follows:

    1. Our Personnel shall work under the direction of You who must consult with and fully brief the Our Personnel on the proposed task, the Site, site conditions, matters affecting the health and safety of the personnel in respect of the task to be performed and other relevant matters including information requested by Our Personnel.
    2. Our Personnel may refuse to operate the Equipment if they believe any directions or control requested by You may affect the safety of people, property or the Equipment.
    3. You will not allow any person other than Our Personnel to operate the Equipment without the prior written consent of Us.
    4. We shall not be liable for any claims, costs, damages, losses or expenses arising from any act or omission of Our Personnel.

10.2 In the instance of any night shift being worked, two, ten (10) hour fatigue management charges, are required for Our Personnel, for the day immediately before the first nightshift and following the end of the last consecutive nightshift.

10.3. There is a minimum charge per job including weekends, public holiday and callouts at overtime rate:

    1. Cranes / frannas / telehandlers (under 25T): minimum 4 hour charge per job
    2. 25T to 55T: minimum charge 6 hours per job
    3. 200T: minimum charge 10 hours per job, unless agreed on Hire Schedule

10.4 Less than forty-eight (48) hours’ notice of cancellation, a twelve (12) hours min charge rate for crane, equipment and personnel booked will apply.

10.5 If site allowances are applicable, these are chargeable as extras.

10.6 Site Inductions and or authorisations of Our Personnel and equipment and or medicals are not considered in the budget estimate. All time to action Site Inductions and or authorisations of Our Personnel and equipment and or medicals/drug and alcohol/functional evaluation capacity but not limited to, will be charged to the Your account at the applicable hourly rate including Personnel and equipment should the Personnel and equipment be on site whilst inductions and authorisations are undertaken.

10.7 Any delays outside of Our control will be charged as extras for example wet weather, fog, wind, unacceptable lighting, delays in receiving a signed Variation Form, but not limited to.

10.8 Supply of Plant and Machinery is subject to availability at time of request. At the request of the You, We can arrange a cross hire at a charge of cost + 25%.

10.9 Additional costs apply for mobilization and demobilization.

10.10 Charge rates may differ from those listed above on sites where labour hire employees are covered under a site where the E.B.A states that labour hire employees must be paid the same rates as a full time on-site employee. In this case a new rate will be negotiated.

10.11 We reserve the right to charge any additional costs including but not limited to: Traffic
control, council fees, tolls, ferries, taxi fees, operator travel at the labour rate plus over time (if applicable), rest breaks, meal breaks, Ute hire, meals, accommodation that are incurred in delivering the services. These costs will be oncharged at a rate of invoiced amount plus 25%.

10.12 If any crane or machinery is made unserviceable or bogged while on or either travelling to and from a job the said equipment will be on hire until either made fully serviceable and removed from the bog at Your expense.

10.13 The following are charges payable by You:

    1. Site induction cost & labour charges for crew
    2. ​ Site specific medical cost and labour charges for crew 
    3. Supervision charges
    4. Overtime charges for outside the normal working hours of 7.00am and 3.00pm Monday to Friday including weekends & Public Holidays for Plant and Machinery & crew  
    5. Labour charges for 10 hour break periods which carry past 7.00am the following day until the 10 hour break period is achieved 
    6. Minimum 4 charges for labour & overtime, for after hours and weekend callouts with Plant and Machinery charged for minimum charge rate.
    7. Minimum 8 hour charges for labour & overtime, for Public Holidays with Plant and
      Machinery charged for minimum charge rate.
    8. Daily travel time and overtime charges of crew to and from site
    9. Daily transport charges for crew to and from site (Vehicle)
    10. Pre night shift fatigue management charges of 10 hours per person for crew
    11. Post night shift fatigue management charges of 10 hours per person for crew
    12. Night shift allowance charges for night shift crews
    13. Fuel at the defined margin
    14. Meals and Accommodation
    15. Wet / inclement weather plant and machinery, labour and overtime standby charges
    16. Plant and Machinery, labour & overtime demurrage changes for any delays uncounted, outside the control of Us