Terms and Conditions

RIVER CITY RENTALS 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 RIVER CITY RENTALS HIRE) a Hire Schedule and such other documents as RIVER CITY RENTALS may require. Each Hire Schedule is not a separate contract but forms a part of this hire agreement between RIVER CITY RENTALS and the Customer, together with any credit card guarantee for deductions and indemnity or other contractual documents. RIVER CITY RENTALS may in its absolute discretion decline to hire Equipment to the Customer at any time. Amendment: These Hire Contract Conditions may be changed by RIVER CITY RENTALS from time to time by RIVER CITY RENTALS giving notice of the amendment to the Customer. Notice is deemed given (whether or not actually received) when RIVER CITY RENTALS does any of the following: (a) sends notice of the amendment to the Customer at any address (including Calling the phone number provide in the event no answer text message sent) supplied by the Customer; (b) On thecontract being signed on the day of hire).

 

  1. Interpretation of Words in this Contract;

Commencement – The date when the Customer takes possession of the Equipment.

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 & 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; trafficmanagement including road barriers; signage; vehicles including trucks, vans and trailers, and includes tools and partsand accessories for any of the foregoing.

Hire Charge – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment. before takingequipment

Hire Period - Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period mayonly be extended for one or more definite periods and in each case this can only be done if the Customer requests it andif River City Rentals Hire agrees. River City Rentals may issue and require the Customer to sign an amended Hire schedule for any extension of the Hire Period.

Hire Schedule – Means a document which River City Rentals may require the Customer to sign (or accept in a wayRiver City Rentals requires) including particulars of the Equipment and the Hire Period and such other information asRiver City Rentals may decide to require.

River City Rentals – The Trustee for Bishop Family Trust (ABN: 85298128634) trading as River City Rentals.

Interstate travel -- Requires larger deposit depending which state trailer is being taken to or through.

 

  1. River City Rentals Obligations

River City Rentals will:

Allow the Customer to take and use the Equipment for the Hire Period; 2.2 Provide the Equipment to the Customer cleanand in good working order;

NOTE TO CUSTOMER: You must return the Equipment at your expense when due back unless you obtain a Customerwritten agreement from River City Rentals.

  1. Obligations of the Customer

The Customer must:

3.1 Deliver the Equipment to River City Rentals when it is due back;

3.2 Return the Equipment to River City Rentals 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 withany manufacturer’s instructions whether supplied by River City Rentals or posted on the Equipment;

3.5 Indemnify River City Rentals for all injury and/or damage caused to persons and property in relation to the Equipmentand its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment; bythe customer.

3.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by theCustomer 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 andwhere necessary hold a current Certificate of Competency and/or are fully licensed;

3.8 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all OccupationalHealth 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 River City Rentals in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or traileroperated 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 River City Rentals of any accident or damage to the Equipment within immediatelyof the accident or damage occurring.

The Customer must NOT;

3.12 Tamper with, damage or repair the Equipment;

3.13 Lose or part with possession of the Equipment;

3.14 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;

3.15 Allow any person to drive a Tow the trailer if the person:

  1. only holds a provisional driver’s licence less than one year, or does not hold an unrestricted licence to drive thatclass of Motor Vehicle; or
  2. is affected by drugs and/or alcohol.

3.16 Exceed the recommended or legal load and capacity limits of the Equipment;

3.17 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment.

  1. Payments by the Customer to River City Rentals

On or about Commencement (or as otherwise specifically agreed with River City Rentals), the Customer will pay the HireCharge and deposits set out in the agreement.

4.2 Immediately on request by River City Rentals, the Customer will pay:

(a) the new list price of any Equipment which is for whatever reason not returned to River City Rentals.

(NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer isresponsible for loss or theft of the Equipment),

(b) all costs incurred in cleaning the Equipment;

(c) the full cost of repairing any damage to the Equipment, unless expressly agreed otherwise in this Contract;

(d) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of thisContract or arising from River City Rentals supply or the Customer’s use of the Equipment;

(e) all costs incurred by River City Rentals in delivering and recovering possession of the Equipment;

(f) a late payment fee calculated daily at 10% per month on all amounts owing by the Customer not paid on time;

(g) the Kilometre Charge and any additional Hire Charges; for collection

(h) the cost of fuels and consumables provided by River City Rentals and not returned by the Customer;

(i) any expenses and legal costs (including commission payable to a commercial agent) incurred by River City Rentals inenforcing this Contract;

(j) all costs of repairing or replacing tyres, including road service; and

(k) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract.

4.3 Without limiting the ability of River City Rentals to recover all amounts owing to it, the Customer authorises River City Rentals to charge any amounts owing by the Customer to any credit card or account details of which are provided toRiver City Rentals.

  1. PPS Law

This clause applies to the extent that this Contract provides for a ‘security interest’ for the purposes of the PersonalProperty Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references toamended, replacement and successor provisions or legislation.

5.2 If River City Rentals does not have at Commencement a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period, (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than:

  1. 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or
  2. a year in any other case.

5.3 River City Rentals may register its security interest. The Customer must do anything (such as obtaining consents andsigning documents) which River City Rentals requires for the purposes of:

(a) ensuring that River City Rentals security interest is enforceable, perfected and otherwise effective under the PPSLaw;

(b) enabling River City Rentals to gain first priority (or any other priority agreed to by River City Rentals in writing) for itssecurity interest; and

  1. enabling River City Rentals to exercise rights in connection with the security interest.

5.4 The rights of River City Rentals under this document are in addition to and not in

substitution for River City Rentals's rights under other law (including the PPS Law) and River City Rentals may choosewhether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about itRiver City Rentals security interest will attach to proceeds.

5.5 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions ofthe PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement inrespect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires River City Rentals to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice tograntor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires River City Rentals to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statementof account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section142 (redemption of collateral); and section 143 (re-instatement of security agreement).

5.6 The following provisions of the PPS Law: section 123 (seizing collateral); section 126 (apparent possession); section128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention ofcollateral) confer rights on River City Rentals. Customer agrees that in addition to those rights, River City Rentals shall, ifthere is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal withor dispose of any goods, not only under those sections but also, as additional and independent rights, under thisdocument and the Customer agrees that River City Rentals may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.

5.7 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 Law.

5.8 River City Rentals 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 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 River City Rentals the benefit of section 275 (6)(a) and River City Rentals 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.

5.9 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 Equipment other than with the express written consent of River City Rentals.

5.10 Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless River City Rentals (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to River City Rentals and must be expressed to be subject to the rights of River City Rentals under this agreement. Customer may not vary a sub-hire without the prior written consent of River City Rentals (which may be withheld in itsabsolute discretion).

5.11 Customer must ensure that River City Rentals is provided at all times with up-to-date information about the sub-hireincluding the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the locationand condition of the Equipment.

5.12 Customer must take all steps including registration under PPS Law as may be required to: (a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Customer to gain (subject always to the rights of River City Rentals) first priority (or any other priority agreed to by River City Rentals in writing) for the security interest; and (c) enabling River City Rentals and the Customer to exercise their respective rights in connection with the security interest.

5.13 To assure performance of its obligations under this agreement, the Customer hereby gives River City Rentals anirrevocable power of attorney to do anything River City Rentals considers the Customer should do under this agreement. River City Rentals may recover from Customer the cost of doing anything under this clause 5, including registration fees.

  1. CUSTOMER’S LIABILITY in the following circumstances:

(a) where the Equipment is lost or stolen;

(b) where the Customer has breached any clause of this Contract;

(c) where the damage is caused by the negligence of the Customer or the Customer’s agent;

(d) where the damage is caused by vandalism, or in River City Rentals reasonable opinion in any way whatsoever otherthan by the ordinary use of the Equipment by the Customer;

(e) where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structureor object whatsoever due to insufficient clearance;

(f)where the damage is to or caused by a truck mounted loading device; 

(g) where the damage is to tyres;

(h) where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not apublic road;

(i) where the damage is caused in any way by overloading.

(j) where the damage is to glass;

6.1 The Customer will pay Damage and Theft.

VEHICLE DEPOSIT COVER DAMAGE NOT THEFT OR BEING LOSTAND WILL NOT LIMIT THE CUSTOMER’SLIABILITY in the following circumstances:

  1. where, in the case of theft or lost, the Customer is responsible for the full amount to replace the trailer /Equipment ;
  2. where, in the case of theft, the Customer has failed to submit to River City Rentals a Police Report & report toBudget on the theft within 1hrs of knowing of the theft allegedly occurring River City Rentals will file charge oftheft against hire customer;
  3. where the Customer has breached any clause of this Contract; (d) where the theft is caused by the negligence ofthe Customer or the Customer’s agent;
  4. where the damage is caused by vandalism, or in River City Rentals reasonable opinion in any way whatsoeverother than by the ordinary use of the trailer or equipment by the Customer; or
  5. where the damage is: to or caused by a truck mounted loading device; • to tyres; • to glass; • Caused while the trailer is being towed on any road that is unsealed or not a public road; or • Caused by overloading.

6.2 The Customer may pay an additional Theft Waiver Fee, by way of cash deposit $ set out in the contract to 3/4 the value of the equipment. as determined by River City Rentals in its discretion from time to time. The Equipment TheftWaiver Excess will be shown on the Hire Schedule. (The Damage Waiver on such Equipment will still be the same Basic Damage Waiver under clause 6.2).

EQUIPMENT THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY FOR THEFTin the following circumstances:

(a) where the Customer has failed to keep the Equipment in a securely locked compound;

(b) where the Customer has failed to submit to River City Rentals a Police Report on the theft within 7 days of the theftallegedly occurring;

(c) where the Customer has breached any clause of this Contract; or

(d) where the theft is caused by the negligence of the Customer or the Customer’s agent. 

6.3 Where River City Rentals determines that one or more of the circumstances in clauses 6.1, 6.2 or 6.3 applies, therelevant Damage or Theft Waiver will NOT apply unless the Customer is able to establish otherwise to the reasonablesatisfaction of River City Rentals. 

  1. Customer not to Claim Damages

The Customer cannot recover from River City Rentals compensation for any damages (including for consequential loss) arising in respect of this Contract or the hiring or the use of the Equipment. NB This clause does not affect any rights the Customer may have under the Australian Consumer Law or other law if, and to the extent that, those rights may not belawfully excluded or modified under this Contract.

  1. Breach of Hire Contract by Customer

If the Customer breaches any clause whatsoever of this Contract, or becomes bankrupt, insolvent or ceases business then;

8.1 River City Rentals 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.

8.2 The Customer indemnifies River City Rentals in respect of any breach by the Customer of any provision of thisContract.

  1. No Warranties

All warranties and conditions are excluded to the full extent permitted by law and River City Rentals’ only obligationresulting from a breach by it of any condition or warranty is limited to the supplying of the Equipment again or to therepair of the Equipment. NB This clause does not affect any rights the Customer may have under the Australian Consumer Law or other law if, and to the extent that, those rights may not be lawfully excluded or modified under thisContract.

  1. Disputes

The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated at time of Hire Contract signing. In the event that no communication is received from the Customer at this time period, the Hire Charges are deemed to be accepted by the Customer.

If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due toRiver City Rentals), the parties agree to negotiate to settle the dispute with the assistance of the Hire and RentalAssociation of Australia before litigation.

  1. Privacy

River City Rentals will comply with the National Privacy Principles in all dealings with Customers.

  1. Governing Law

This Hire Contract is a payment claim 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 ConstructionContracts Act 2004 WA, the Building and Construction Industry (Security of Payment) Act 2009 ACT, the Building andConstruction Industry Security of Payment Act 2009 TAS, and/or the Construction Contracts (Security of Payments) Act2009 NT.

Except where River City Rentals in its discretion takes action against the Customer under any of the Building andConstruction Industry legislation referred to in this clause, River City Rentals and the Customer agree that this Contractis governed by the law of the state of New South Wales, and the parties submit to the jurisdiction of the courts of that State. Effective - January 2024.