Hammer Roo Hire Contract Conditions

Important Terms and Customer Information

This document sets out the conditions under which Hammer Roo Woodworks Pty Ltd ABN 34 658 857 213 (“Hammer Roo Hire”) agrees to hire equipment to customers. Please read these Hire Contract Conditions carefully, as they contain terms that may affect your rights, including limitations on Hammer Roo’s liability, your responsibilities regarding hired equipment, and Hammer Roo’s privacy practices.

Important Notice to Customer

·        Hammer Roo’s liability to you is limited or excluded in some situations.

·        You may be responsible for damage to hired equipment, and for damage to property owned by others.

·        Hammer Roo’s Privacy Policy, subject to the Australian Privacy Principles, permits Hammer Roo to provide information about you, or supplied by you, to third parties in a form that may identify you.

These Hire Contract Conditions apply instead of any terms proposed by the customer, unless Hammer Roo agrees otherwise in writing. Each Hire Schedule issued by Hammer Roo forms part of this Hire Contract, together with any credit application, guarantee, indemnity, or other associated documents.

Receiving and Accepting Hire Schedules

The customer agrees to receive Hire Schedules and related documents electronically where possible. The customer must review each Hire Schedule upon receipt and is taken to have accepted its terms unless Hammer Roo is notified of any disagreement before collection of equipment. Hammer Roo may refuse to hire equipment at its discretion if it has reasonable grounds to do so.

Amendments to Hire Contract Conditions

Hammer Roo may update these Conditions from time to time by:

·        Sending amended terms to the customer’s supplied address (including email);

·        Publishing amended terms on its website; or

·        Displaying amended terms at Hammer Roo premises.

Amendments only apply to Hire Schedules entered into after notification of the change.

1. Interpretation of Words in This Contract

Term	Meaning
Commencement	Date and time when the customer takes possession of the equipment.
Equipment	Any items hired from Hammer Roo, including machinery, tools, accessories, and parts.
Customer	The person or entity hiring equipment as identified in a credit application or Hire Schedule.
Excessive Cleaning	Cleaning beyond normal to restore equipment to pre-hire condition, including but not limited to removal of paint, adhesives, excessive sawdust etc.
Hire Charge	Amounts payable by the customer for the hire, as shown on the Hire Schedule.
Hire Period	The period from Commencement until the end date on the Hire Schedule, unless ended earlier per contract terms.
Hire Schedule	A document setting out details of a hire, including equipment, period, charges, and other information.
Hammer Roo	Hammer Roo Woodworks Pty Ltd ABN 34 658 857 213 or related entity listed as owner on the Hire Schedule.

2. Hammer Roo’s Obligations

·        Issue a Hire Schedule outlining details of a hire, including equipment, period, charges, and other information supplementary to these Conditions.

·        Allow the customer to take and use the equipment for the Hire Period;

·        Provide equipment in reasonably clean condition and good working order at Commencement (see clause 4A);

·        If agreed, collect equipment within a reasonable time after collection is requested and a collection reference is issued.

Note: Unless Hammer Roo has agreed to collect the equipment and issued a collection reference, the customer must return the equipment at their own cost by the due time.

2A. Cancellations & Rebookings

·        Cancellations or rebookings may be requested up to 72 hours prior to the hire commencement time, subject to equipment availability. Where accepted, cancellations or rebookings will be issued as store credit for future hires only. No cash or card refunds are provided once a booking has been made, except where required by law.

·        Cancellations or rebookings requested within 72 hours of hire commencement are not permitted, and the full hire charge will apply.

·        Once hire has commenced, including where equipment has been collected or delivery has occurred, no refunds or credits are provided for early return or cancellation, except where required by law.

3. Obligations of the Customer

·        Return equipment on or before the due time unless an extension is agreed;

·        Return equipment in good repair and condition, subject to fair wear and tear;

·        Ensure equipment suitability for intended use at Commencement;

·        If collection is agreed, notify Hammer Roo when ready and obtain a collection reference;

·        Use and operate equipment safely, lawfully, for its intended purpose, and within manufacturer’s specifications and instructions;

·        Indemnify Hammer Roo against loss, damage, expense, or liability caused or contributed to by the customer and maintain adequate insurance;

·        Ensure any person collecting or accepting equipment on their behalf is properly authorised;

·        Ensure all operators are properly instructed and, where required, appropriately licensed or certified;

·        Conduct hazard and risk assessments and comply with all work health and safety legislation;

·        Secure loads in/on equipment or customer’s vehicle safely, or accept responsibility for items loaded by Hammer Roo;

·        Operate equipment with adequate power source and according to all laws and instructions;

·        Report accidents, loss, theft, or damage as soon as possible and within one business day, providing full details;

·        Sign documentation as reasonably required by Hammer Roo;

·        Assist Hammer Roo and/or its insurer with any claim investigations, settlements, or defences;

·        Remain responsible for equipment care and security from Commencement until return or collection by Hammer Roo.

3A. Prohibited Actions by Customer

·        Tamper with, modify, damage, or attempt to repair equipment without Hammer Roo’s consent;

·        Sell, lease, sub-hire, loan, dispose of, or part with possession or control of equipment;

·        Rely on representations not contained in contract, Hire Schedule, or written Hammer Roo information;

·        Allow unlicensed, uncertified, or impaired persons to operate equipment;

·        Exceed recommended or legal load, duty cycle, or usage limits;

·        Use, store, or transport illegal, prohibited, or dangerous substances contrary to law or manufacturer instructions;

·        Exceed recommended or legal speed or operating limits.

4. Payments by the Customer to Hammer Roo

On or before Commencement, the customer must pay the Hire Charge and any required bond or pre-authorisation, unless otherwise agreed.

Upon request, the customer must pay:

·        Replacement cost of equipment not returned (including loss or theft);

·        Costs for Excessive Cleaning or stated cleaning fees;

·        Repair costs for damage caused or contributed to by the customer;

·        GST and other applicable taxes, duties, tolls, fines, penalties, levies, or charges;

·        Costs incurred in recovering possession of equipment;

·        Interest on overdue amounts at a notified commercial rate;

·        Usage-based or distance-based charges (if applicable);

·        Cost of consumables or materials not returned in usable condition;

·        Legal or recovery expenses following customer default;

·        Amounts required under any damage waiver

·        Additional hire charges for use beyond standard daily allowance (e.g. 8 hours per day);

·        Hire charges from Commencement until return or collection reference is issued;

·        Non-recoverable costs from cancelled or postponed services by the customer.

Hammer Roo may charge any amounts owing under this contract to any credit card or bank account details provided by the customer.

Hammer Roo may securely store or tokenise payment details for repeat or online payments.

4.A Refunds, Returns & Bonds

·        No Refunds for Early Return - Hire charges are calculated on time out, not time used, and no refunds are provided for early return of equipment.

·        Faulty Equipment at Commencement - If equipment is faulty at commencement of hire, the customer must notify Hammer Roo immediately and must not continue to use the equipment. If equipment can’t be used due to fault of Hammer Roo the hirer will be granted another hire of same length free of charge, or a refund.

·        Bond Refunds - Any bond paid by the customer is held as security only and is not a refund of hire charges.
The bond will be refunded after the equipment is returned, inspected, and any outstanding charges for hire fees, damage, excessive wear, cleaning, loss, or other costs have been settled. If applicable costs exceed the bond amount, the customer remains liable for the balance.

5. Personal Property Securities (PPS) Law

This clause applies to the extent that this contract gives rise to a “security interest” for the purposes of the Personal Property Securities Act 2009 (Cth) (PPS Law). References to PPS Law include any amended, replacement or successor legislation.

Hammer Roo may register its security interest in the equipment or related proceeds. The customer must do anything reasonably required by Hammer Roo (including signing documents and providing information) to:

(a) ensure Hammer Roo’s security interest is enforceable, perfected and otherwise effective under PPS Law;

(b) enable Hammer Roo to obtain first priority, or any other agreed priority, for its security interest; and

(c) enable Hammer Roo to exercise its rights in connection with the security interest.

Hammer Roo’s rights under this contract are in addition to, and do not replace, its rights under PPS Law or any other law. Hammer Roo may exercise rights under this contract, PPS Law or both, in any order it chooses. Hammer Roo’s security interest extends to all identifiable proceeds of the equipment.

To the extent permitted under section 115 of PPS Law, and to the extent Chapter 4 of PPS Law would otherwise apply, the parties agree that the following provisions do not apply: sections 95, 96, 121(4), 125, 129(2) and 129(3), 130, 132(3)(d), 132(4), 135, 142 and 143.

The following PPS Law provisions give rights to Hammer Roo: sections 123, 126, 128, 129 and 134(1). The customer agrees that, in addition to those rights, if the customer is in default, Hammer Roo may seize, purchase, take possession of, retain, deal with or dispose of any goods subject to the security interest under this contract in any manner it thinks fit, including by private or public sale, lease or licence.

The customer waives the right to receive any verification statement relating to registration events under section 157 of PPS Law.

Hammer Roo and the customer agree, to the extent permitted by section 275(6)(a) of PPS Law, not to disclose information of the kind referred to in section 275(1). The customer must do everything necessary to ensure section 275(6)(a) continues to apply.

The customer must not create or permit to be created any other security interest in the equipment without Hammer Roo’s prior written consent.

The customer must not sub-hire, lease or bail the equipment to anyone else unless Hammer Roo first consents in writing. Any permitted sub-hire must be in writing, in a form acceptable to Hammer Roo, and expressly subject to Hammer Roo’s rights under this contract. The customer must not vary a sub-hire without Hammer Roo’s written consent.

The customer must ensure Hammer Roo is kept up to date with information about any permitted sub-hire, including the identity of the sub-hirer, payment status and the location and condition of the equipment.

The customer must take all steps required under PPS Law in relation to any security interest arising from a permitted sub-hire, including registration if required, to:

(a) ensure any such security interest is enforceable, perfected and effective;

(b) obtain first priority (or any other priority agreed by Hammer Roo) for that security interest, subject always to Hammer Roo’s rights; and

(c) enable both Hammer Roo and the customer to exercise their respective rights in relation to that security interest.

6. Exclusion of Warranties and Limitation of Liability

Where the Australian Consumer Law applies, the customer has non-excludable guarantees regarding the hire. For equipment not ordinarily acquired for personal, domestic, or household use, Hammer Roo’s liability is limited (as permitted by law) to repair or replacement of the equipment or the cost of repair or replacement.

Otherwise, and to the extent permitted by law, Hammer Roo gives no warranties other than those set out in these Conditions and is not liable for loss, damage, cost, or liability (including consequential loss) arising from the hire.

7. Breach of Hire Contract by Customer

If the customer materially breaches this contract and does not remedy the breach within a reasonable time, or becomes bankrupt, insolvent, or ceases business, Hammer Roo may:

·        Terminate the contract and/or any current Hire Schedule;

·        Sue the customer for all amounts owing;

·        Retake possession of the equipment, including entering premises where equipment is located.

On termination for breach, any damage or theft waiver may be immediately invalidated. The customer indemnifies Hammer Roo for loss, damage, costs, and expenses caused or contributed to by the customer’s breach.

8. Disputes

·        The customer must check all hire charges and invoices promptly and raise disputes in writing within 30 days. Charges are deemed accepted if not disputed in this period.

·        Disputes (other than those solely about payment) should be attempted to be resolved in good faith and, if needed, with an industry body or mediator before litigation.

9. Equipment Data

Some equipment may have devices (e.g. GPS, telematics) that collect data on location, usage, and status. By hiring, the customer consents to Hammer Roo using such devices during the Hire Period and collecting, using, and retaining data in accordance with its Privacy Policy.

10. Privacy Policy

Hammer Roo will handle personal information in accordance with the Australian Privacy Principles and its Privacy Policy, available on request or by visiting www.hire.hammerroo.com.au/policies/privacy-policy

11. Governing Law

This contract is governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts that may hear appeals from them.