Terms and Conditions of Hire

a) "Owner" refers to Riverstone Polished Concrete (RPC), including its employees and agents.
b) "Hirer" refers to the individual, company, or entity hiring the Equipment from the Owner.

c) “Excessive Cleaning” - Means any cleaning, in addition to a basic wash and wipe, required to return the Equipment to the condition immediately prior to the hire, excluding fair wear and tear. Excessive Cleaning includes but is not limited to removal of paint stains, resins, concrete, grout and cement.
d) "Equipment" refers to any plant, machinery, tools, or accessories supplied by the Owner.
e) "Hire Period" means the duration the Equipment is hired, from pickup/delivery to return.
f)  "Hire Charge" refers to the fees payable by the Hirer for the use of the Equipment.
g) "Site" refers to the location where the Equipment will be used as specified by the Hirer.
h) “Hire Agreement" refers to the document that sets out the terms of hire, including Equipment details, hire period, and hire charges.

i) “Remote Area” – Any location which is more than 50 kilometres from the Riverstone Polished Concrete Office (Skennars Head) from where the Equipment is hired.

 a) The Hire Period commences when the Equipment is collected or delivered and ends when returned to the Owner’s premises or collected.
b) The Hirer agrees to pay all hire charges as per the agreed rate, including any applicable delivery, collection, cleaning, and late return fees.
c) A minimum hire period may apply, as determined by the Owner.
d) The Owner reserves the right to adjust hire rates and charges upon prior notice.

e) The Hirer is responsible for the following additional charges:

i)  the new list price of any Equipment which is for whatever reason not returned to RPC

ii) all costs incurred in Excessive Cleaning of the Equipment or the cleaning fee as stipulated on the Hire Agreement.

iii) the full cost of repairing any damage to the Equipment caused or contributed to by the Hirer.

iv) all costs incurred by RPC in recovering possession of the Equipment;

v) the cost of fuels and consumables provided by RPC and not returned by the Hirer;

vi) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by RPC in enforcing this Contract due to the Hirers default;

vii) Loading costs when equipment hired with an hour meter is used in excess of 10 hours per day; 

viii) All non-recoverable costs incurred by RPC in the provision of Equipment and/or services due to cancellation or postponement by the Hirer.

f) Without limiting the ability of RPC to recover all amounts owing to it, the Hirer authorises RPC to charge any amounts owing by the Hirer to any credit card or bank account details of which are provided to RPC

 a) Payment must be made before or at the commencement of the hire unless otherwise agreed in writing.
b) A security deposit may be required, refundable upon satisfactory return of the Equipment.
c) The Hirer is liable for any overdue hire charges, incurring late fees as determined by the Owner.
d) The Owner may charge interest on overdue amounts at the prevailing commercial rate.

a) Delivery and collection by the Owner will be at the Hirer’s expense unless otherwise agreed.
b) The Hirer is responsible for inspecting Equipment upon delivery/collection and must report any defects immediately.
c) The Hirer must return Equipment in clean and working condition. Cleaning or repair costs will be charged if necessary.
d) The Equipment remains at the Hirer's risk until it is received and inspected by the Owner.

e) The Hirer must ensure that any person collecting or taking delivery of Equipment on behalf of the Hirer is authorised by the Hirer to do so, and the Hirer will not allege that any such person is not so authorised;

The Hirer must:-
a) Operate Equipment safely, and in accordance with manufacturer guidelines and relevant laws. Do NOT exceed the recommended or legal load and capacity limits of the Equipment;

b) Familiarise and reference ‘Daily Checklist’ prior to use (if applicable). See; “RPC Standard Operating Procedure (SOP)” and/or “Manufacturers Guidelines”
c) Ensure Equipment is used only for its intended purpose and by qualified personnel, and where necessary hold a certificate of competence or are fully licenced.

d) 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;

e) Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, including trailer attachments, or accept responsibility for items loaded and/or secured by RPC and indemnify RPC 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;

f) Be responsible for ensuring all safety precautions and legal requirements are met when using the Equipment.

g) Operate the Equipment with an adequate motor vehicle, including towing capacity, and/or power source safely in accordance with the manufacturer's operating instructions and applicable law;
h) Not alter, repair, steal or sell the Equipment.
i) Remain responsible for the care and safekeeping of the Equipment until collected by or delivered back to RPC, including taking reasonable steps to secure the Equipment from theft, loss, or damage by utilising locks provided by RPC and/or Hirer provided locks.
j) Not sub-hire, move Equipment to another Site without consent, or use it for illegal or unsafe activities.

k) Not allow any person to drive or operate machinery if the person:

(i) does not hold a suitable licence to drive that class of Motor Vehicle; or

(ii) is affected by drugs and/or alcohol

The Hirer:-
a) Is responsible for any damage, loss, or theft of the Equipment during the Hire Period.
b) Indemnifies the Owner against any claims, damages, or injuries, to person or property, arising from Equipment use.
c) Must report and provide full details (when safe to do so, and no longer than two days of the incident) to the Owner of any damage or loss and follow the Owner’s instructions regarding repair or replacement.

d) Assist and cooperate fully and promptly with RPC and/or its insurer in the investigation, settlement or defence of any claim or matter relating to a Hire Agreement on which the Customer is named; 

e) Is liable for any costs incurred to RPC in recovery of Equipment

 a) The Hirer must have adequate insurance to cover Equipment loss or damage.
b) The Owner may require proof of insurance before Equipment is released.
c) The Owner’s insurance does not cover the Hirer’s personal liability or damage caused by improper use.

 a) The Hirer must notify the Owner immediately of any Equipment malfunction.
b) The Hirer must not attempt repairs. The Owner will arrange servicing or a replacement where applicable.
c) Hire charges will not apply during downtime if the breakdown is due to normal wear and tear.
d) If breakdown is due to Hirer negligence, all repair costs will be charged to the Hirer.

 a) The Owner may terminate the hire if the Hirer breaches any terms, fails to make payment, or misuses the Equipment.
b) The Hirer must return Equipment immediately upon termination. Failure to do so may result in legal action.
c) The Owner reserves the right to enter any premises where Equipment is stored to recover Equipment if the Hirer fails to return it.

 a) The Hirer agrees to indemnify and hold harmless the Owner against all claims, liabilities, damages, and expenses arising from Equipment use.
b) The Owner is not liable for indirect or consequential losses suffered by the Hirer.
c) The total liability of the Owner for any claim is limited to the total hire charges paid.

 a) The Owner will provide Equipment in good working order and conduct routine maintenance.
b) The Owner will supply relevant safety and operating instructions where applicable.
c) The Owner will arrange servicing or replacement Equipment in case of breakdown due to normal wear and tear.
d) The Owner will carry appropriate liability insurance but is not responsible for damage caused by the Hirer’s negligence or misuse.

RPC’s Equipment may contain on-board devices (eg GPS Device) which enable the Equipment to be connected to the internet and to send commands to and receive certain information from the Equipment, including geolocation data from a global positioning system and other data including but not limited to speed, battery voltage and ignition status of such Equipment. By hiring any Equipment from RPC, the Hirer expressly consents to RPCs’ use of the GPS Device on such Equipment during the Hire Period and to RPC collecting, using and retaining information from the GPS Device in accordance with our Privacy Policy, and that RPC is the owner of that data subject to your rights as set out in our Privacy Policy.

RPC will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the RPC Privacy Statement is available upon request or by visiting www.riverstonepolishedconcrete.com.au/privacy-policy

a) The Owner is not liable for delays or failure to perform obligations due to circumstances beyond its control, including natural disasters, strikes, or government restrictions.

 a) These terms constitute the entire agreement between the Owner and Hirer.
b) No amendments are valid unless in writing and agreed by both parties.
c) Any disputes shall be resolved under Australian law.
d) If any provision is found invalid, the remaining terms shall remain enforceable.