Terms & Conditions

HIRE AGREEMENT – TERMS AND CONDITIONS
Unit 20/30-32 Perry Street Matraville PH. TBA |N FSAWX .2 T0B3A6 ABN. 37608879027
1. -These Terms of Hire, together with:
(a) any Credit Application You completed and submitted to Us;
(b) any Guarantee, Indemnity and Charge You completed and submitted to Us;
(c) each Hire Contract provided to You by Us, whether signed or not;
(d) and any Special Terms specific to the type of Equipment You have hired attached to Your
Hire Contract, make up the hire agreement (the “Hire Agreement”) between You and Us.
The provision or acceptance of a Hire Contract, make up the agreement (the “Hire
Agreement”) between You and Us. The provision or acceptance of a Hire Contract shall
not form a separate agreement between You and Us, but shall constitute part of this Hire
Agreement. It is important that You read and understand all of the terms and conditions
of the Hire Agreement before hiring from Us. If you have any questions please ask Us.
2. Definitions
“Customer” means the customer identified in the Hire Agreement and includes the
Customers employees, executors, administrators and representatives.
“Date Out” means the date on which the Equipment is rented as a specified in the Hire
Agreement.
“Dealer” means Sydney Plant & Machinery Hire Rental & Sales as specified in the Hire
Agreement and includes its officers, employees, agents, successors and related parties.
“Equipment” means the equipment rented by Sydney Plant & Machinery Hire to the
Customer from time to time and includes any and all accessories, tools, attachments,
parts, manuals, instructions, packing and transportable materials, substitute and
replacement Equipment, unless indicated to the contrary in these Hire Agreement Terms.
“Location” means the Location of the Equipment as specified in the Hire Agreement or
such other location as agreed by Sydney Plant & Machinery Hire.
“De-hire Number” means the number provided by Sydney Plant & Machinery Hire to the
Customer when the Customer notifies Sydney Plant & Machinery Hire that the rental of
the Equipment has ended.
“Sydney Plant & Machinery Hire” means Sydney Plant & Machinery Hire Pty Ltd – Unit 20/
30-32 Perry Street Matraville NSW 2036 ABN: 37608879027
“Stand Down Number” means the number provided by Sydney Plant & Machinery Hire to
the Customer when the Customer makes a request to Sydney Plant & Machinery Hire for
stand down rates.
“Off Hire Number” means the number provided by Sydney Plant & Machinery Hire to the
Customer when the Customer makes a request to Sydney Plant & Machinery Hire for
temporary off hire rates.
“Rental Account Application” means the application identified as the Rental Account
Application.
“Hire Agreement” means the express terms identified as the Hire Agreement.
“Hire Charges” means the rental charges charged by Sydney Plant & Machinery Hire to the
Customer for the rent of the Equipment and identified in the invoice provided by Sydney
Plant & Machinery Hire to the Customer.
“Hire Period” means the period from the Date Out until the termination of the Hire
Agreement.
“Hire Protection/Damage Waiver” means an amount paid by the Customer to reduce the
Customer’s financial liability in the event of loss or damage to the Equipment.
3. Hire Charges and Other Charges
(a) Hire Charges will be incurred from the Date Out until and including the day on which You
receive a De-hire Number from Sydney Plant & Machinery Hire or the Rental Agreement is
terminated in accordance with clause 7, whichever is the earlier unless the De-hire
Number is issued before 9am, in which case there will be no Hire Charge for that day.
(b) You must not request a De-hire Number unless the Equipment is ready to be returned to,
or collected by, Sydney Plant & Machinery Hire.
(c) Additional Rental Charges will apply if Equipment usage exceeds eight hours in any day/40
hrs in any week
(d) You must pay all amounts specified in the invoice including:
(i) a charge for delivery and, if necessary, return of the Equipment;
(ii) all Equipment operating costs (including fuels, oils and lubricants) incurred, and
all consumables used during the Hire Period;
(iii) any taxes, duties (including stamp duty), levies, charges or imports on or in
connection with the Agreement;
(iv) a sum equal to the amount of any goods and services tax (GST) payable by Sydney
Plant & Machinery Hire on any supplies made by Sydney Plant & Machinery Hire
under or in connection with the agreement, calculated by multiplying the GST
exclusive consideration payable for the relevant supply or supplies by the
prevailing GST rate;
(v) any costs or expenses reasonably incurred by Sydney Plant & Machinery Hire in
enforcing the Agreement, as a result of the Your breach of the Agreement or in
order to return the Equipment to the same condition as at the Date Out
(including cleaning costs); and
(vi) any Damage Waiver payable under clause 12.
(e) Where any amount payable under the Agreement becomes overdue, all outstanding
amounts whether due to Sydney Plant & Machinery Hire under the terms of the
Agreement or under any other Hire Agreement between Sydney Plant & Machinery Hire
and You will become immediately due and payable by You to Sydney Plant & Machinery
Hire.
(f) You agree, accept and authorise all costs and charges incurred in relation to the Hire
Contract between Sydney Plant & Machinery Hire and You to be deducted from the credit
card details that have been supplied for this purpose.
(g) Sydney Plant & Machinery Hire may charge You interest calculated on a daily basis and
compounded monthly on overdue amounts.
(h) Credit Account Customers must pay all amounts owing under the Agreement thirty days
from the end of month. All Credit Card Account Customers will be billed on
commencement of hire, or at monthly intervals. No unit will be released until credit card
account has been received by Sydney Plant & Machinery Hire, or a credit account is
established.
4. Stand Down Conditions
(a) A stand down rate of 50% off normal rates may apply subject to:
(i) Machine availability.
(ii) Notification to Sydney Plant & Machinery Hire before 9am.
(iii) Stand Down Number issued by Sydney Plant & Machinery Hire.
(iv) Not applicable for machines hired at 4 + weekly rates or rental/purchase
agreements.
5. Off Hire Conditions (Temporary)
(a) A machine may only be temporarily off hired due to break down, public holiday or RDO.
Nil charge applies.
(b) Wet weather off hire only applies to earthmoving equipment greater than 6T.
(c) Notification to Sydney Plant & Machinery Hire is required before 9am.
(d) Temporary Off Hire Number issued by Sydney Plant & Machinery Hire.
(e) Not applicable for machines on rental/purchase or 4 + weekly hire.
6. De Hire Conditions (Hire completion)
(a) De Hire Number must be obtained by You before 9am on day of hire termination.
(b) You must not request De Hire Number unless equipment is ready to be returned to, or
collected by Sydney Plant & Machinery Hire.
(c) The equipment remains the responsibility of You until returned to Sydney Plant &
Machinery Hire depot.
7. Termination
(a) Subject to clause 9(b) the Hire Agreement will terminate when the Customer delivers the
Equipment to Sydney Plant & Machinery Hire during normal working hours, or, if Sydney
Plant & Machinery Hire agrees, when the Equipment is collected by Sydney Plant &
Machinery Hire. The Customer irrevocably appoints Sydney Plant & Machinery Hire as its
agent and authorises and licences Sydney Plant & Machinery Hire to enter the Location
and repossess the Equipment after You receive a De-hire Number or upon termination of
the Rental Agreement, whichever is the first to occur.
(b) Sydney Plant & Machinery Hire may terminate any Hire Agreement or the Agreement as a
whole and repossess the Equipment at any time by written notice to You if You are in
breach of the Agreement and fails to remedy that breach within 7 days of receiving notice
requiring You to do so or You become insolvent or otherwise are unable to pay Your debts
as they fall due.
(c) Sydney Plant & Machinery Hire may terminate the Agreement without prejudice to any
rights that may or did arise prior to the termination, at any time during the Hire Period by
giving two (2) days written notice of such termination to You.
8. Miscellaneous
(a) The expiry or termination of the Agreement does not affect the rights which have accrued
before that expiry or termination or any rights and obligations of the parties which survive
expiry or termination.
(b) Time is of the essence for obligations of You under the Agreement.
(c) Sydney Plant & Machinery Hire may assign or subcontract all or any of the rights under
the Agreement. You must not assign or subcontract all or any of its rights under the
Agreement.
(d) The Agreement is governed by, if signed in Australia, the laws of the States or Territories
in which is signed by Sydney Plant & Machinery Hire.
(e) Time out is time used.
(f) no waiver, granting of time or other indulgence shall affect Sydney Plant & Machinery
Hire rights under this Agreement notwithstanding any rule of law or equity to the
contrary.
9. Your Obligations to Sydney Plant & Machinery Hire
(a) This Hire Agreement is personal to You and so You must not allow nor authorise any other
person or entity to use, re-hire or have possession of the Equipment at any time, unless
expressly agreed by Sydney Plant & Machinery Hire in writing.
(b) You agree that before accepting the Equipment, You have satisfied Yourself as to the
suitability, condition and fitness for purpose of the Equipment for the job You intend to
use it for. Subject to clauses 12(b) and 12(c), We make no representations and give no
guarantee or warranty that the Equipment is suitable for Your intended purpose.
(c) To help You stay safe during the Hire Period, You and Your employees, agents and
contractors must:
(i) operate the Equipment safely, strictly in accordance with all laws, only for its
intended use and in accordance with the manufacturer’s instructions;
(ii) ensure persons operating or erecting the Equipment are suitably trained on its
safe and proper use, qualified to use the Equipment and where necessary, hold a
current Licence to Perform High Risk Work;
(iii) wear suitable clothing and protective equipment when operating the Equipment
as required or recommended by Sydney Plant & Machinery Hire or the
manufacturer;
(iv) ensure that no persons operating the Equipment are under the influence of drugs
or alcohol;
(v) conduct a job safety analysis prior to using the Equipment
HIRE AGREEMENT – TERMS AND CONDITIONS
Unit 20/30-32 Perry Street Matraville PH. TBA |N FSAWX .2 T0B3A6 ABN. 37608879027
(vi) ensure that no persons carry illegal, prohibited or dangerous substances in or on
the Equipment; and
(vii) display all safety signs and instructions (as required by law), and ensure that all
instructions and signs are observed by operators of the Equipment.
(d) It is important to take care of the Equipment during the Hire Period. You must:
(i) clean, fuel, lubricate, complete the daily pre-start checklist and keep the
Equipment in good condition and in accordance with the manufacturer’s and
Sydney Plant & Machinery Hire instructions at Your own cost;
(ii) not in any way alter, modify, tamper with, damage or repair the Equipment
without Sydney Plant & Machinery Hire prior written consent; and
(iii) not deface, remove, vary or erase any identifying marks, plate, number, notices
or safety information, on the Equipment.
(e) At all times during the Hire Period, You must store the Equipment safely and securely and
protected from theft, seizure, loss or damage.
(f) You will allow Sydney Plant & Machinery Hire to enter Your premises and inspect the
Equipment from time to time during the Hire Period. You can also request to conduct a
joint inspection of the Equipment with Sydney Plant & Machinery Hire at the end of the
Hire Period.
(g) Whenever You are moving the Equipment, You must ensure the safe loading, securing and
transporting of all Equipment in accordance with all laws and manufacturer’s guidelines.
You (or any contractor You engage) must observe any safety directions advised by Sydney
Plant & Machinery Hire and/or the manufacturer of the Equipment to ensure its safe
loading and handling.
(h) You must not remove the Equipment from the State or Territory in which You hired it
without Our written consent.
(i) You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is
present, or move the Equipment over water without Sydney Plant & Machinery Hire prior
written consent, which may be reasonably withheld.
(j) You warrant that You will comply with all Environmental Laws from time to time and
immediately rectify any breach of an Environmental Law caused by the use of the
Equipment.
(k) You must use best endeavours to ensure that the Equipment is not contaminated with
any hazardous substances (including asbestos). Subject to clause 9(g), You must advise
Sydney Plant & Machinery Hire of any risks of hazardous substance contamination to the
Equipment as soon as they become apparent. Where Equipment may have been
subjected to contamination, you must effectively decontaminate the Equipment, as well
as provide Us with written details of decontamination processes applied. If, in Sydney
Plant & Machinery Hire opinion acting reasonably, the Equipment has not been properly
decontaminated or is not capable of being decontaminated, You will be charged for the
new replacement cost of the Equipment.
(l) Any electrical Equipment provided by Sydney Plant & Machinery Hire will be tested and
tagged before it is hired to You, but You are responsible for arranging the re-testing and
re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions
and the applicable Australian Standard(s) and Regulatory Authority requirements at Your
cost. We are able to arrange for such re-testing and re-tagging of the electrical Equipment
at Your cost. Except where Sydney Plant & Machinery Hire arrange for re-testing and
retagging of the electrical Equipment, any damage caused to the Equipment resulting
from incorrect testing arranged by You will be at Your cost.
10. What To Do If Equipment Breaks Down
(a) In the event that the Equipment breaks down or becomes unsafe to use during the Hire
Period You must:
(i) immediately stop using the Equipment and notify Sydney Plant & Machinery Hire;
(ii) take all steps necessary to prevent injury occurring to persons or property as a
result of the condition of the Equipment;
(iii) take all steps necessary to prevent any further damage to the Equipment itself;
and
(b) not repair or attempt to repair the Equipment without Sydney Plant & Machinery Hire
written consent Except if clause 12(a), Sydney Plant & Machinery Hire will:
(i) take all steps necessary to repair the Equipment or provide suitable substitute
Equipment as soon as reasonably possible after being
(ii) notified by You; and
(iii) not impose a hire charge for that portion of the Hire Period for which the
Equipment was broken down or unsafe, nor the costs associated with any repair
or replacement of the Equipment.
11. What To Do If Equipment Is Lost, Stolen or Damaged
(a) If the Equipment has broken down or become unsafe to use as a result of Your negligence
or if the Equipment is lost, stolen or damaged beyond fair wear and tear during the Hire
Period, You will be liable for:
(i) any costs incurred by Us to recover and repair or the full new replacement cost of
the equipment and
(ii) the hire charges for that portion of the Hire Period during which the Equipment
is being recovered and repaired or replaced, except where You have paid an LTD
Waiver Fee, in which case Your liability is subject to clause 12 below.
(b) Provided that You pay the costs and charges described in clause 11(2), We will return the
Equipment to You once it has been repaired or replaced, and You will continue to pay the
hire charges for the remainder of the Hire Period.
12. Loss Theft Damage Waiver
(a) Loss Theft Damage Waiver (`LTD Waiver’) is not insurance, but is an agreement by Sydney
Plant & Machinery Hire to limit Your liability in certain circumstances for loss, theft or
damage to Our Equipment to an amount called the LTD Waiver Excess. The LTD Waiver
Excess is explained below.
(b) An LTD Waiver Fee will be automatically charged to You in addition to Your hire charges
and is set out in Your Hire Schedule.
(c) You are not required to pay the LTD Waiver Fee if You produce a certificate of currency
for an appropriate policy of insurance that covers loss, theft or damage to the Equipment
during the Hire Period for an amount not less than the full new replacement value of the
Equipment,
(d) Where You have paid the LTD Waiver Fee, Sydney Plant & Machinery Hire will waive Our
right to claim against You for loss, theft or damage to the Equipment if:
(i) You have promptly reported the incident to the police and provided Sydney Plant
& Machinery Hire with a written police report;
(ii) You have co-operated with Sydney Plant & Machinery Hire and provided the
details of the incident, including any written or photographic evidence We
require;
(iii) the loss, theft or damage does not fall into one or more of the circumstances set
out in clause 12(1); and
(iv) You have paid Sydney Plant & Machinery Hire the LTD Waiver Excess.
(e) The LTD Waiver Excess for each item of Equipment is the amount equal to:
(i) $500.00 or (if the replacement cost of the Equipment is less than $500.00) the full
new replacement cost of the Equipment;
OR
(ii) 15% of the cost of the repairs (if the Equipment is partially damaged and can be
repaired) OR 15% of the full new replacement cost of the Equipment (if the
Equipment is lost, stolen or damaged beyond repair), whichever is greater.
(f) Even if You have paid the LTD Waiver Fee, Sydney Plant & Machinery Hire will not waive
Our rights to claim against You for loss, theft or damage to the Equipment and LTD Waiver
will not apply if the loss, theft or damage:
(i) has arisen as a result of Your breach of a clause of this Hire Agreement;
(ii) has been caused by Your negligent act or omission;
(iii) has failed to keep the equipment in a securely locked compound;
(iv) has arisen as a result of Your use of the Equipment in violation of any laws;
(v) has been caused by being lifted by crane or other lifting equipment.
(vi) has been caused by Your failure to use the Equipment for its intended purpose or
in accordance with Our instructions or the Manufacturer’s instructions;
(vii) occurs to the Equipment whilst it is located, used, loaded, unloaded, transported
on or over water, wharves, bridges or vessels of any kind;
(viii) has been caused by a lack of lubrication or a failure to properly service or
maintain of Equipment;
(ix) has been caused by collision with a bridge, car park, awning, gutter, tree or any
other overhead structure or object due to insufficient clearance;
(x) has been caused by the overloading of the Equipment or any components
thereof; is to motors or other electrical Equipment or components within the
Equipment caused by electrical overload, a surge in electrical current or the use
of under-rated or excessive lengths of extension leads with the electrical
Equipment;
(xi) is caused by exposure to any corrosive or caustic substance, such as cyanide, salt
water, acid, etc;
(xii) is caused by vandalism;
(xiii) is to tyres or tubes; OR
(xiv) is to glass.
13. Indemnities and Exclusion of Liabilities
(a) Subject to clause 13(c), and except as expressly provided to the contrary in this Hire
Agreement, all guarantees, terms, conditions, warranties, undertakings, inducements or
representations whether express or implied, statutory or otherwise, relating to this Hire
Agreement or its subject matter are excluded to the maximum extent permitted by law.
(b) Nothing in this Hire Agreement excludes, restricts or modifies any right or remedy, or any
guarantee, term, condition, warranty, undertaking, inducement or representation,
implied or imposed by any legislation which cannot lawfully be excluded or limited. This
may include the Australian Consumer Law, which contains guarantees that protect the
purchasers of goods and services in certain circumstances.
(c) Where any legislation implies or imposes a guarantee, term, condition, warranty,
undertaking, inducement or representation in relation to this Hire Agreement and Sydney
Plant & Machinery Hire are not able to exclude that guarantee, term, condition, warranty,
undertaking, inducement or representation (‘Non-Excludable Provision’), and Sydney
Plant & Machinery Hire are able to limit Your remedy for a breach of the Non-Excludable
Provision, then Sydney Plant & Machinery Hire liability for breach of the Non-Excludable
Provision is limited to (at Our election):
(i) in the case of goods, the repair or replacement of the goods or the supply of
substitute goods (or the cost of doing so); or
(ii) in the case of services, the supplying of the services again, or the payment of the
cost of having the services supplied again.
(d) Subject to Sydney Plant & Machinery Hire obligations under the Non-Excludable
Provisions and to the maximum extent permitted by law, Sydney Plant & Machinery Hire
maximum aggregate liability for all claims under or relating to this Hire Agreement or its
subject matter, whether in contract, tort (including without limitation negligence), in
equity, under statute, under an indemnity, based on fundamental breach or breach of a
fundamental term or on any other basis, is limited to an amount equal to the fees paid by
You under this Hire Agreement. In calculating Sydney Plant & Machinery Hire aggregate
liability under this clause, the parties must include any amounts paid or the value of any
goods or services replaced, repaired or supplied by Sydney Plant & Machinery Hire for a
breach of any Non-Excludable Provisions.
HIRE AGREEMENT – TERMS AND CONDITIONS
Unit 20/30-32 Perry Street Matraville PH. TBA |N FSAWX .2 T0B3A6 ABN. 37608879027
(e) Subject to clauses 13(c) and 13(d), Sydney Plant & Machinery Hire will not be liable to You
for any consequential, indirect or special loss or damage, loss of actual or anticipated
profits or revenue, loss of business, business interruption, wasted costs You have
incurred, amounts that you are liable to Your customers for or any loss suffered by third
parties under or relating to this Hire Agreement or its subject matter, whether in contract,
tort (including without limitation negligence), in equity, under statute, under an
indemnity, based on fundamental breach or breach of a fundamental term or on any
other basis, whether or not such loss or damage was foreseeable and even if advised of
the possibility of the loss or damage.
(f) You are liable for and indemnify Sydney Plant & Machinery Hire 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 Sydney
Plant & Machinery Hire and any environmental loss, cost, damage or expense) in respect
of:
(i) personal injury;
(ii) damage to tangible property; or
(iii) a claim by a third party, in respect of Your hire or use of the Equipment or Your
breach of the Hire Agreement. Your liability under this indemnity is diminished to
the extent that Sydney Plant & Machinery Hire breach of the Hire Agreement or
Sydney Plant & Machinery Hire negligence causes the liability, claims, damage,
loss, costs or expenses.
(g) Each indemnity in this Hire Agreement is a continuing obligation, separate and
independent from the other obligations of the parties and survives termination,
completion and expiration of this Hire Agreement. It is not necessary for a party to incur
expense or make any payment before enforcing a right of indemnity conferred by this
Hire Agreement.
(h) Sydney Plant & Machinery Hire will not be liable to You for any acts or omissions of any
person supplied by Sydney Plant & Machinery Hire where that person is acting under Your
direction and control during the Hire Period and you indemnify Sydney Plant & Machinery
Hire 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 Sydney Plant & Machinery Hire and any environmental loss, cost,
damage or expense) arising from or incurred in connection with such acts or omissions.
14. Privacy
(a) At Sydney Plant & Machinery Hire, We take Your privacy seriously. Sydney Plant &
Machinery Hire will comply with the National Privacy Principles in all dealings with You.
(b) Sydney Plant & Machinery Hire may need to collect personal information about You,
including but not limited to, Your full name and address, drivers licence, credit card
details, date of birth, credit or business history and other personal information. You
consent to Sydney Plant & Machinery Hire using Your personal information in order to:
(i) fulfill functions associated with the hire of Equipment to You, including but not
limited to assessing Your credit worthiness.
(ii) provide services to You;
(iii) prevent theft of Sydney Plant & Machinery Hire Equipment;
(iv) enter into contracts with You or third parties, and
(v) to market to You and maintain a client relationship with You.
15. Force Majeure
(a) Subject to clause 15(b), neither party will be responsible for any delays in delivery,
installation or collection due to causes beyond their control including but not limited to
acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or
regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or
other labour difficulties, shortages of or inability to obtain shipping space or land
transportation.
(b) Nothing in clause 15(a), will limit or exclude Your responsibility and liability under the Hire
Agreement for Equipment that is lost, stolen or damaged beyond fair wear and tear
during the Hire Period, or has broken down or become unsafe to use as a result of Your
conduct or negligence.
16. Signing This Hire Agreement
(a) The person signing any document which farms part of the Hire Agreement for and on
behalf of You hereby warrants that he or she has Your authority to enter into the Hire
Agreement on Your behalf and grant the security interests in connection with it and is
empowered to bind You to the Hire Agreement and each security interest granted in
connection with it.
17. Claim for Payment
(a) This Hire Agreement is a claim for payment under the Building and Construction Industry
Security of Payment Act 1999 (NSW), the Building and Construction Industry Security of
Payment Act 2002 (VIC), the Building and Construction Industry Payments Act 2004 (QLD),
the Building and Construction Industry Security of Payment Act 2009 (SA), the
Construction Contracts Act 2004 (WA), the Building and Construction Industry (Security of
Payment) Act 2009 (ACT), the Building and Construction Industry Security of Payment Act
2009 (TAS), and/or the Construction Contracts (Security of Payments) Act 2009 (NT).
18. Remember, We Own the Equipment
(a) You acknowledge that Sydney Plant & Machinery Hire owns the Equipment and in all
circumstances We retain title to the Equipment (even if You go into liquidation or become
bankrupt during the Hire Period). Your rights to use the Equipment are as a bailee only.
(b) Except in the circumstances set out in clause 19, You are not entitled to offer, sell, assign,
sub-let, charge, mortgage, pledge or create any form of security interest over, or
otherwise deal with the Equipment in any way.
(c) In no circumstances will the Equipment be deemed to be a fixture.
19. PPSA
(a) You consent to Sydney Plant & Machinery Hire affecting and maintaining a registration on
the register (in any manner Sydney Plant & Machinery Hire considers appropriate) in
relation to any security interest contemplated or constituted by this Hire Agreement in
the Equipment and the proceeds arising in respect of any dealing in the Equipment and
You agree to sign any documents and provide all assistance and information to Sydney
Plant & Machinery Hire required to facilitate the registration and maintenance of any
security interest. We may at any time register a financing statement or financing change
statement in respect of a security interest (including any purchase money security
interest). You waive the right to receive notice of a verification statement in relation to
any registration on the register of a security interest in respect of the Equipment.
(b) You undertake to:
(i) do anything (in each case, including executing any new document or providing
any information) that is required by Sydney Plant & Machinery Hire (1) so that
Sydney Plant & Machinery Hire acquire and maintain one or more perfected
security interests under the PPSA in respect of the Equipment and its proceeds,
(2) to register a financing statement or financing change statement and (3) to
ensure that the Sydney Plant & Machinery Hire security position, and rights and
obligations, are not adversely affected by the PPSA;
(ii) not register a financing change statement in respect of a security interest
contemplated or constituted by this Hire Agreement without Sydney Plant &
Machinery Hire prior written consent; and
(iii) not register, or permit to be registered, a financing statement or a financing
change statement in relation to the Equipment in favour of a third party without
Sydney Plant & Machinery Hire prior written consent.
(c) If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security
interest arising under or in connection with this Hire Agreement and:
(i) section 115(1) of the PPS Act allows for the contracting out of provisions of the
PPS Act, the following provisions of the PPS Act will not apply and You will have
no rights under them: section 95 (to the extent that it requires the secured party
to give notices to the grantor); section 96; section 118 (to the extent that it
allows a secured party to give notices to the grantor); section 121(4); section 125;
section 130; section 132(3)(d); section 132(4); section 135; section 142 and
section 143; and
(ii) section 115(7) of the PPS Act allows for the contracting out of provisions of the
PPS Act, the following provisions of the PPS Act will not apply and You will have
no rights under them: section 127; section 129(2) and (3); section 130(1); section
132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.
(d) Unless otherwise agreed and to the extent permitted by the PPSA, You and Sydney Plant
& Machinery Hire agree not to disclose information of the kind referred to in section
275(1) of the PPS Act to an interested person, or any other person requested by an
interested person. You waive any right You may have, or but for this clause may have had,
under section 275(7)(c) of the PPS Act to authorise the disclosure of the above
information.
(e) For the purposes of section 20(2) of the PPS Act, the collateral is Equipment including any
Equipment which is described in any Hire Schedule provided by Sydney Plant & Machinery
Hire to You from time to time. This Hire Agreement is a security agreement for the
purposes of the PPS Act.
(f) Sydney Plant & Machinery Hire may apply amounts received in connection with this Hire
Agreement to satisfy obligations secured by a security interest contemplated or
constituted by this Hire Agreement in any way Sydney Plant & Machinery Hire determines
in their absolute discretion.
(g) You agree to notify Sydney Plant & Machinery Hire in writing of any change to Your details
set out in the Credit Application, within 5 days from the date of such change.

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