Hire Contract Conditions

NOTE TO CUSTOMER

You should read these Hire Contract Conditions very carefully. They contain terms and conditions which may impact you, including that;

(a) the liability of RIA to its Customers is excluded in some circumstances; and

(b) Customers may be liable for damage to goods that are hired by them, and for damage to goods or property owned by a third party; and

(c) RIA’ Privacy Policy permits RIA in some circumstances and subject to compliance with the Australian Privacy Principles to provide data about a Customer, or data provided by a Customer, to a third party in a form that may enable the third party to identify the Customer.

These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by RIA and the Customer in writing. RIA agrees to hire Equipment to the Customer on terms set out in this document. If the Customer wishes to hire Equipment, RIA will issue to the Customer a rental quotation, setting out the terms of the hire of that Equipment. Each rental quotation is not only a separate contract but also forms a part of this Hire Contract between RIA and the Customer, together with other contractual documents. The Customer agrees to receive all associated documentation by electronic means, or by printed or other form where electronic means are not available. The Customer must check the rental quotation on receipt and unless the Customer notifies RIA before delivery of the Equipment that it disagrees with anything in the rental quotation, the terms of the rental quotation are accepted by the Customer. RIA may in its absolute discretion decline to hire equipment to the Customer at any time if it has reasonable cause to do so.

Amendment: These Hire Contract Conditions may be changed by RIA from time to time by RIA giving notice of the amendment to the Customer. Notice is deemed given when RIA does any of the following:

(a) sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer;

(b) publishes the amended terms on its website or

(c) displays the amended terms at premises from which RIA conducts hire operations.

Changes to these Hire Contract Conditions will only apply to rental quotations entered into after the change has been notified to the Customer.

1. INTERPRETATION OF WORDS IN THIS CONTRACT;

COMMENCEMENT – The date and time when the Customer takes possession of the Equipment.

EQUIPMENT – Means Robotic and Automation equipment.

CUSTOMER/ CLIENT – refers to the person, firm, organisation, partnership, corporation or other entity (including a trust) hiring the Equipment from RIA as identified in the rental quotation.

HIRE CHARGE – The amounts shown on the rental quotation payable by the Customer to hire the Equipment.

HIRE PERIOD – Means from Commencement until the end of the period shown on the rental quotation. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if RIAs agrees. RIA may issue an amended rental quotation for any extension of the Hire Period.

Rental quotation – Means a document in such form as RIA shall require, setting out the terms of the hire of Equipment, including the particulars of the Equip-ment and the Hire Period and such other information as RIA may decide to include.

Robotic Innovations / RIA – The company or companies listed on the rental quotation.

REMOTE AREA – Any location which is more than 50 kilometres from the RIA branch from where the Equipment is hired.

2. RIA OBLIGATIONS

RIA will:

2.1 Allow the Customer to take and use the Equipment for the Hire Period;

2.2 Provide the Equipment to the Customer clean and in good working order;

3. OBLIGATIONS OF THE CUSTOMER

The Customer must:

3.1 Allow RIA access to collect the equipment or deliver the Equipment to RIA when it is due back;

3.2 Return the Equipment to RIA clean and in good working condition;

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 with any manufacturer’s instructions whether supplied by RIA or posted on the Equipment;

NOTE TO CUSTOMER: You MUST advise RIA if you require any further instruction on the operation and safe use of the Equipment.

3.5 Indemnify RIA for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;

3.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised;

3.7 Ensure that all persons operating the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Com-petency and/or are fully licensed;

3.8 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;

3.9 Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, and indemnify RIA 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;

3.10 Operate the Equipment with an adequate motor vehicle and/or power source;

3.11 Report and provide full details to RIA of any accident or damage to the Equipment within two business days of the accident or damage occurring;

3.12 Sign any documentation requested by RIA at such intervals as reasonably stipulated by RIA, to confirm the Customer’s acceptance of these Hire Contract Conditions;

3.13 Assist and co-operate fully and promptly with RIA and/or its insurer in the investigation, settlement or defence of any claim or matter relating to a rental quotation on which the Customer is named;

3.14 Remain responsible for the care and safekeeping of the Equipment until collected by RIA.

The Customer must NOT;

3.15 Tamper with, damage or repair the Equipment;

3.16 Lose or part with possession of the Equipment;

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

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

3.19 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment;

4. PAYMENTS BY THE CUSTOMER TO RIA

4.1 On or before Commencement (or as otherwise specifically agreed with RIA), the Customer will pay the Hire Charge.

4.2 Immediately on request by RIA, the Customer will pay:

(a) the new list price of any Equipment which is for whatever reason not returned to RIA

NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible 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 caused or contributed to by the Customer, 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 this Contract or arising from the Custom-er’s use of the Equipment;

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

(f) Interest for late payment of amounts owing by the customer, at the pre-judgement interest rate set by the Local Court of WA from time to time;

(g) the cost of consumables provided by RIAs and either used or not returned by the Customer;

(h) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by RIA in enforcing this Contract due to the Cus-tomers default;

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

(j) Hire fees for the period from the commencement of the hire until the Equipment pick up by RIA.

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

4.4 RIA may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.

5. PPS LAW

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

5.2 RIA may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which RIA requires for the purposes of

(a) ensuring that RIAs’ security interest is enforceable, perfected and otherwise effective under the PPS Law;

(b) enabling RIA to gain first priority (or any other priority agreed to by RIA in writing) for its security interest; and

(c) enabling RIA to exercise rights in connection with the security interest.

5.3 The rights of RIA under this document are in addition to and not in substitution for RIAs’ rights under other law (including the PPS Law) and RIA may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it RIA security interest will attach to proceeds.

5.4 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires RIA to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires RIA to give a notice to the Custom-er); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); sec-tion 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).

5.5 The following provisions of the PPS Law: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on RIA. Customer agrees that in addition to those rights, RIA shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Customer agrees that RIA may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.

5.6 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.

5.7 RIA 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 RIA the benefit of section 275 (6)(a) and RIA 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.

5.8 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 RIA.

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

5.10 Customer must ensure that RIA is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.

5.11 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 RIA) first priority (or any other priority agreed to by RIAs in writing) for the security interest; and

(c) enabling RIAs and the Customer to exercise their respective rights in connection with the security interest.

6. DAMAGE WAIVER

6.1 Damage Waiver is not insurance, but is an agreement by RIA that the Customer’s liability for damage to the Equipment can be limited in some circum-stances only.

NOTE TO CUSTOMER: Damage Waiver does NOT cover the costs of recovery of the Equipment, which are always payable by the Customer.

DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY IN THE FOLLOWING CIRCUMSTANCES;

(a) where the Equipment is lost or stolen;

(b) where the operator is not suitably licensed;

(c) where the operator is affected by drugs and/or alcohol;

(d) where the equipment has been willfully damaged at any time during the Hire Period;

(e) where the damage is caused in any way by overloading;

(f) where the damage is caused by flash flooding or general water damage;

(g) where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to in-sufficient clearance; or

(h) where the damage is caused to a truck pantech or truck crane.

7. EXCLUSION OF WARRANTIES AND LIABILITIES

7.1 Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be ex-cluded.

7.2 Where the Australian Consumer Law applies and the Equipment is not of a kind ordinarily acquired for personal domestic or household use or consump-tion, RIA liability in respect of any guarantee is limited to the replacement or repair of the Equipment, or the cost of having the Equipment repaired or re-placed.

7.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. RIA makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Customer for any damages, costs or other liabilities what-soever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.

8. REMOTE HIRE

Where the Equipment is at any time hired by the Customer to be located in a Remote Area, the following clauses will also apply, in addition to the obligation of the Customer under Clause 3 and elsewhere in these Hire Contract Conditions;

(a) The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by RIAs (‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometer rate travelled by RIAs staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by RIA and its staff in connection with travel to and from the Remote Area;

(b) Multiple items of Equipment hire by a Customer on the one site will only be charged for one call out fee;

(c) The Customer is responsible at its cost for daily maintenance and care of all Multiple items of Equipment hire by a Customer on the one site will only be

9. BREACH OF HIRE CONTRACT BY CUSTOMER

If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:

9.1 RIA 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 authorised to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver re-ferred to in clause 6 is immediately invalidated.

9.2 The Customer indemnifies RIA in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.

10. DISPUTES

10.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to RIA in writing within 30 days of the hire contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.

10.2 If a dispute arises relating to this contract, the hiring or the use of the Equipment (except in regard to payments due to RIA), the parties agree to negoti-ate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.

11. EQUIPMENT DATA

RIAs’ Equipment may contain on-board devices (each a 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 RIA, the Customer expressly consents to RIAs’ use of the GPS Device on such Equipment during the Hire Period and to RIA collecting, using and retaining information from the GPS Device in accordance with our Privacy Policy, and that RIA is the owner of that data subject to your rights as set out in our Privacy Policy.

12. PRIVACY

RIA will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the RIA Privacy Statement is available upon request.

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