T&Cs | Northern Star Production Logistics

Recitals:

R1. Northern Star Production Logistics (owner) is the proprietor of the plant and equipment (“equipment”) listed in this Hire Agreement

R2. The hirer will hire the equipment specified in the schedule from the owner upon the terms and conditions in this Agreement.

Operative Part:

1. Hire of plant and equipment.

1.1 The hirer agrees to all terms in this hire agreement when starting a booking. Its the hirers Obligation to read all of the hire agreement and understand all points mentioned in the hire agreement before making the booking or sending payment.

2. 1.2 The hiring of the equipment will commence from the agreed hire date and continue until pickup or return of equipment.
3. The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.
4. The hirer agrees to return the goods to the address of the owner on or before the end of the hire period, or have the equipment ready for pickup as outlined in the Booking
5. The owner will not refund any hire charge monies if the hirer elects to return the equipment prior to the end of the hire period, regardless of reason.

2. Payment for rental

The hirer agrees to pay the owner the hire fee specified on the invoice over the hire period for the Equipment, which includes any applicable GST, if a hire charge is applicable.

The hire fee must be paid to the owner 30 Days prior to the commencement date of the hire period. (or as otherwise specifically agreed with Northern Star Production Logistics)

3. Fee & Cancellation

3.1 The Fee must be paid as follows: (a) the Deposit on the day you accept the hire Contract of 40% (b) the balance at least 30 days prior to delivery or collection of the Equipment.

3.2 Where the Hire Period is extended the Fee will increase as agreed between the parties and the increased Fee must be paid at least 2 business days prior to expiry of the initial Hire Period.

3.3 Additional Costs may apply when: (a) erecting or dismantling the Equipment is required (b) the Equipment is not properly packed and ready for collection (c) clearing and levelling of sites is required (in Northern Star Production Logistics sole opinion);

3.4 A - Cancellation fees are payable as follows; (a) In the event the Hirer cancels the Hire Contract, or fails to take delivery of the Equipment, Northern Star Production Logistics may, at its discretion, charge the Hirer the full amount owing under the Hire Contract, or part thereof, Unless otherwise agreed on in writing prior to cancellation

3.4 B - COVID-19 Government Imposed Lockdown Cancellation & Postponement Terms – In the event of a Government Imposed lockdown any Postponement Fees will be waived, Any cancellations or postponements made due to reasons that are not enforced by law or the public health orders will incur the regular Cancellation Fees

3.4 C –In the event of government enforced mandates or lock downs For COVID-19, Northern Star Production logistics reserves the
right to check all relevant documents and take all necessary steps in confirming Information which relates directly to stopping the spread of COVID-19 and or following government directions. In the event the Hirer Cannot produce the requested documents, Or cannot satisfy Northern Star Production Logistics of the safety of there workers, Northern Star Production Logistics at its discretion may offer to postpone or cancel the booking without refund.

3.5 If the hirer Elects to change the date of event due to unforeseeable circumstances. Northern star Production Logistics at its discretion may choose to waive the fees outlined in section (3.4)

3.6 The Fee is payable even if the Equipment is collected or returned prior to the expiry of the Hire Period.

3.7 All tax invoices must be paid in Australian dollars.

3.8 If the Fee is not paid by its due date, Northern Star Production Logistics reserves the right to charge interest at the rate of 10% per annum above the rate

3.9 Bonds and deposits Are non refundable, and will only be refunded at Northern star Production Logistics discretion.

4. SUBSTITUTION
Northern Star Production Logistics has the right to substitute any portion of the Equipment hired with the nearest type of Equipment without liability to the Hirer.

5. TITLE

Title to the Equipment at all times remains with Northern Star Production Logistics.

6. DELIVERY

If Northern Star Production Logistics agrees to deliver the Equipment to the Hirer

(a) Delivery will be to the location nominated by the hirer for the Delivery Fee; And Northern Star Production Logistics will use its best endeavours to have the Equipment delivered to the hirer prior to the commencement of the Hire Period, but Northern Star Production Logistics is not liable for any loss as a result of any delay in delivery, late delivery or non-delivery of the Equipment

(b) Delivery is taken to be when the Equipment leaves Northern Star Production Logistics premises;

(c) The hirier is responsible for being on site on drop date to allow access to Northern Star Production Logistics, Failure to take delivery of the booking will

(d) The hirier agrees Northern Star Production Logistics is not liable for any loss as a result of any delay in delivery, late delivery or non-delivery of the Equipment. Northern Star Production Logistics will make its best efforts to arrive in the allotted time given prior to booking.

7. RETURN OF EQUIPMENT AND LATE RETURN

7.1 Equipment must be returned to Northern Star Production Logistics before 4.30pm on the last day of the Hire Period.

7.2 Where Equipment is not returned prior to 4.30pm on the last day of the Hire Period, Northern Star Production Logistics may, at its sole discretion, charge the Hirer Additional Costs (such costs to be calculated by Northern Star Production Logistics reasonably, taking into consideration the losses incurred by Northern Star Production Logistics as a result of the Hirer failing to comply).

7.3 In the event that Northern Star Production Logistics agrees to collect the Equipment from the Hirer, the Hirer must make the Equipment available for collection, in a clean, dry and properly packed condition from the location where the Equipment was delivered, unless otherwise agreed in writing by Northern Star Production Logistics

8. ACCESS

8.1 The Hirer warrants that Northern Star Production Logistics has permission to enter the property where the Equipment is to be used, both for delivery and inspection during the Hire Period.

8.2 The Hirer acknowledges that it is responsible for arranging power to any Equipment which requires electricity

8.3 The hirer is responsible for informing Northern Star Production Logistics of any obstacles or issues for entry to site. If adequate entry isn't available Northern Star Production logistics reserves the right to refuse delivery and or charge the full hire fee and any other costs associated with gaining entry to the site

9. OBLIGATIONS OF HIRER

9.1 The hirer must:

(a) not sell, transfer, assign, lease, part with possession or otherwise dispose of the Equipment;

(b) not create, incur, assume or suffer to exist any mortgage, lien, charge or encumbrance of any kind on or in the Equipment;

(c) not remove, conceal, change, alter or deface any name, name plate, identification number, trademark, or any other identifying mark or number on the Equipment;

(d) not remove, or allow to be removed, the Equipment from the location specified to Northern Star Production Logistics without Northern Star Production Logistics ’ prior written consent;

(e) immediately inform Northern Star Production Logistics of any seizure or attempted seizure of the Equipment, or of any material loss or damage to the Equipment;

(f) comply, in all respects, with the instructions and recommendations of the manufacturer and/or Northern Star Production Logistics relating to the Equipment and its use;

(g) operate and maintain the Equipment in accordance with manuals, methods and standards for Equipment of such type;

(h) ensure that the Equipment is only operated by competent and properly qualified, certified, licensed and/or trained personnel;

(i) except for fair wear and tear, always keep and maintain the Equipment properly serviced, in proper working order and condition and in good and substantial repair;

(j) properly and thoroughly dry and clean the Equipment prior to the expiry of the Hire Period;

(k) immediately notify Northern Star Production Logistics of any damage to the Equipment;

(l) otherwise take all such steps as may be necessary to safeguard and protect the title and the rights Northern Star Production Logistics in the Equipment.

9.2 The Hirer must further comply in all respects with all applicable laws, regulations requirements, and rules relating to the registration, licensing, use and safe and lawful operation of the Equipment.

10. ACKNOWLEDGMENTS OF HIRER

10.1 The Hirer acknowledges that: -

(a) prior to entering into the Hire Contract, it has satisfied itself as to the suitability of the Equipment for the Hirer’s purposes;

(b) it has read and understood and wishes to be bound by the full terms, conditions and effect of these Conditions of Hire;

(d) all conditions and warranties, express or implied, whether arising by virtue of statute or otherwise as to the condition, suitability, capacity, quality, fitness, safety of or title to the Equipment are hereby expressly negatived and excluded and Northern Star Production Logistics gives no condition, warranty or undertaking and makes and has made no representation in relation to the condition or suitability of the Equipment or its title, quality, fitness or safety other than as set out in the these Conditions of Hire;

(e) it has received adequate verbal and/or written instructions on the correct use of the Equipment;

(f) the use, operation and possession of the Equipment is at the Hirer’s risk; and

(g) its obligations to pay the hire charges and to comply with these Conditions of Hire continue to the extent permitted by law, despite the occurrence of any defect in, or total or partial breakdown of, the Equipment or any damage to or loss of the Equipment.

11. WARRANTY AND INDEMNITY

11.1 You hereby indemnify to the extent of law, and agree to keep indemnified, Northern Star Production Logistics and its officers, directors, employees, agents, successors and assigns against all actions, claims, demands, losses and/or damages, and suits (including, but not limited to, court and legal costs on a solicitor and client basis) which are made or brought by any person against Northern Star Production Logistics arising out of or consequential to the Hire Contract.

11.2 You hereby indemnify, and agree to keep indemnified, Northern Star Production Logistics from and against all actions, claims, demands, losses and/or damages and liabilities arising out of or consequential upon

(a) any breach by you of the Hire Contract; or

(b) any act or omission, including any negligence, unlawful conduct or wilful misconduct, by you in breach of these Conditions of Hire, or any breach by your officers, directors, employees, agents, successors and assigns relating to the subject matter of the Hire Contract.

12. LIMITATION OF LIABILITY

12.1 Except as otherwise provided in these Conditions of Hire, the Hirer agrees that Northern Star Production Logistics is not liable for any direct, indirect, or other consequential loss or damage to the Hirer or any property of the Hirer including, but not limited to, loss of profits or revenue or costs arising from the loss or use of the Equipment under any circumstances whatsoever.

12.2 To the full extent permitted by the law, the Hirer releases and discharges Northern Star Production Logistics and its agents and employees from all claims and demands on Northern Star Production Logistics and any loss or damage whatsoever and whenever caused to the Hirer, its agents or employees, whether by way of death or injury to any person of any nature or kind, accident or damage to property, delay, financial loss, or otherwise arising directly or indirectly from or incidental to a breakdown of or defect in the Equipment or any accident to or involving the Equipment or the use, operation, repair, maintenance or storage which may otherwise be suffered or sustained in, upon, or near the Equipment.

12.3 Where clauses 12.1 and 12.2 cannot legally operate and to the extent permitted by law, Northern Star Production Logistics’ liability for breach of any warranty or any term implied by law or statute into the Conditions of Hire is limited to the lesser of the cost of providing the services under the Hire Contract again or the Fee payable under the Hire Contract

13.INSURANCE

13.1 The Hirer must, at its own expense, maintain throughout the Hire Period insurance for

(a) the loss of or damage to the Equipment for not less than the current market value of the Equipment

13.2 The Hirer must:

(a) ensure that Northern Star Production Logistics is recorded as owner of the Equipment in any insurance policy relating to the Equipment;

(b) upon request deliver to Northern Star Production Logistics a copy of each insurance policy duly certified by the insurer in respect thereof and a certificate of currency in respect thereof.

14. LOSS OR DAMAGE

14.1 In the event that the Plant breaks down or becomes unsafe to use during the Hire Period, the Hirer must immediately notify Northern Star Production Logistics (including the relevant police report if any), cease using the Equipment and shall not repair or attempt to repair the Equipment. The Hirer must also ensure that the Equipment will not suffer further damage and that no person or property will be injured as a result of the damage to the Equipment.

14.2 In the event that the Equipment is lost, damaged or stolen, the hirer must immediately notify and provide full details to Northern Star Production Logistics . If outside of Northern Star Production Logistics standard business hours a message should be left on the answering service or in the event of damage, emergency contact is available.

14.3 The Hirer accepts full responsibility for any loss or damage occurring to the Equipment From the Commencement of the hire date (other than damage arising as a consequence of a negligent act or omission by Northern Star Production Logistics ) for the Hire Period. The cost of any replacement or repairs resulting from loss or damage will be payable by the Hirer including the hire incurred while Equipment is repaired to a hirable state. The Hirer shall notify Northern Star Production Logistics immediately if the Equipment is lost or damaged and shall forthwith follow any reasonable request by Northern Star Production Logistics relating to Northern Star Production Logistics enquiries into the loss and/or damage to the Equipment

14.4 The Hirer must pay to Northern Star Production Logistics all moneys subsequently received by the Hirer under any insurance policy by reason of the occurrence or received from any other person by reason thereof; and

15. TERMINATION

15.1 Northern Star Production Logistics may terminate the Hire Contract immediately and repossess the Equipment if:

(a) you breach or are in default under any of these Conditions of Hire and fail to remedy the breach or default within than five (5) Business Days of receiving a notice of breach or default from Northern Star Production Logistics; or

(b) you become bankrupt or have an administrator, receiver, liquidator or other external controller appointed.

15.2 In the event of the Hire Contract being terminated under this clause 15 you must promptly make the Equipment available for collection by Northern Star Production Logistics on a date and at a time specified by Northern Star Production Logistics

15.3 In the event that you breach clause 15.2, you consent to Northern Star Production Logistics or its agents gaining entry to the any premises where the Equipment is located, whether you are present or not, and to use such force as is necessary in order to repossess the Equipment

15.4 You will make no claim against Northern Star Production Logistics or its agents for damage arising out of or in connection with repossessing the Equipment under clause 15.3.

16. GST

16.1 Unless otherwise stated, an amount payable by under these Conditions of Hire in respect of a taxable supply represents the value of that supply (exclusive of GST), and the recipient must, in addition to that amount and at the same time, pay to the supplier the GST payable in respect of the supply.

17. FORCE MAJEURE

17.1 If Northern Star Production Logistics is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts - Lockdowns, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war), Northern Star Production Logistics may give notice to that effect to the Hirer, giving full particulars of such force majeure, in which case the obligations of Northern Star Production Logistics under the Hire Contract shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. Northern Star Production Logistics shall not be liable for any loss or damage suffered by the Hirer because of any delays caused by such force majeure events.

18. MISCELLANEOUS

18.1 The Hire Contract will be governed by the laws of Queensland, Australia and to the jurisdiction of that State.

18.2 If any provision of the Hire Contract should be held to be invalid in any way or unenforceable, the remaining provisions will not in any way be affected or impaired thereby, and the Hire Contract will be construed so as to most nearly give effect to the intent of the parties as they were originally executed.