Terms & Conditions of Hire

1.1 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.

1.2 “Contract” means the terms and conditions contained herein, together with any quotation, Hire form, invoice or other document or amendments expressed to be supplemental to this Contract.

1.3 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Customer does not wish to allow Cookies to operate in the background when using Lift N Rig’s website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.

1.4 “Charges” means the cost of the hire of the Equipment (plus any GST where applicable) as agreed between Lift N Rig and the Customer subject to clause 5 of this Contract.

1.5 “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting Lift N Rig to provide the services as specified in any proposal, quotation, order, invoice or other documentation, and:

(a) if there is more than one Customer, is a reference to each Customer jointly and severally; and

(b) if the Customer is a partnership, it shall bind each partner jointly and severally; and

(c) if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and

(d) includes the Customer’s executors, administrators, successors and permitted assigns.

1.6 “Equipment” means all Equipment (including any accessories) supplied on hire by Lift N Rig to the Customer (and where the context so permits shall include any incidental supply of services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by Lift N Rig to the Customer.

1.7 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

1.8 “Lift N Rig” means Lift N Rig Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Lift N Rig Pty Ltd.

1.9 “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by Lift N Rig to the Customer.

1.10 “Site” means the location/s at which the Equipment is to be operated.

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for, or accepts Delivery of, the Equipment.

2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.

2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

2.4 The Customer acknowledges that the hire of Equipment on credit shall not take effect until the Customer has completed a credit application with Lift N Rig and it has been approved with a credit limit established for the account.

2.5 In the event that the hire of Equipment requested exceeds the Customer’s credit limit and/or the account exceeds the payment terms, Lift N Rig reserves the right to refuse Delivery.

2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 10 of the Electronic Transactions Act 2011 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3.1 The Customer acknowledges and accepts that Lift N Rig shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

(a) resulting from an inadvertent mistake made by Lift N Rig in the formation and/or administration of this Contract; and/or

(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Lift N Rig in respect of the Equipment hire and/or/services.

3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of Lift N Rig; the Customer shall not be entitled to treat this Contract as repudiated nor render it invalid.

4.1 The Customer shall give Lift N Rig not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Customer shall be liable for any loss incurred by Lift N Rig as a result of the Customer’s failure to comply with this clause.

5.1 At Lift N Rig’s sole discretion the Charges shall be either;

(a) as indicated on invoices provided by Lift N Rig to the Customer in respect of Equipment supplied on hire; or

(b) Lift N Rig’s current Charges, at the date of Delivery of the Equipment, according to Lift N Rig’s current price list; or

(c) Lift N Rig’s quoted Charges (subject to clause 5.2) which shall be binding upon Lift N Rig provided that the Customer shall accept in writing Lift N Rig’s quotation within thirty (30) days.

5.2 Lift N Rig reserves the right to change the Charges:

(a) if a variation to the Services/Equipment which are to be supplied is requested; or

(b) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather or limitations to accessing the Site to deliver the Equipment, changes to the Customer or Site requirements etc.) which are only discovered on commencement of the Services; or

(c) in the event of increases to Lift N Rig in the cost of labour or materials which are beyond Lift N Rig’s control.

5.3 Variations will be charged for on the basis of Lift N Rig’s quotation, and will be detailed in writing, and shown as variations on Lift N Rig’s invoice. The Customer shall be required to respond to any variation submitted by Lift N Rig within ten (10) working days. Failure to do so will entitle Lift N Rig to add the cost of the variation to the Charges. Payment for all variations must be made in full at the time of their completion.

5.4 At Lift N Rig’s sole discretion, a deposit (in the form of a bond) shall be required at the commencement of this Contract, which shall be refunded to the Customer by within thirty (30) days of the return of the Equipment, provided that the Customer has complied with their obligations hereunder. The deposit may be used to offset any applicable Charges payable by the Customer under clause 13.3, and any outstanding balance thereof shall be due as per clause 5.5.

5.5 Time for payment for the Equipment being of the essence, the Charges will be payable by the Customer on the date/s determined by Lift N Rig, which may be:

(a) on Delivery of the Equipment; or

(b) by way of instalments/progress payments in accordance with Lift N Rig’s payment schedule;

(c) the date specified on any invoice or other form as being the date for payment; or

(d) failing any notice to the contrary, the date which is fourteen (14) days following the date of any invoice given to the Customer by Lift N Rig.

5.6 Payment may be made by electronic/on-line banking, credit card (a surcharge per transaction may apply) or by any other method as agreed to between the Customer and Lift N Rig.

5.7 Lift N Rig may in its discretion allocate any payment received from the Customer towards any invoice that Lift N Rig determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer Lift N Rig may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Lift N Rig, payment will be deemed to be allocated in such manner as preserves the maximum value of Lift N Rig’s Purchase Money Security Interest (as defined in the PPSA) in the Equipment.

5.8 The Customer shall not be entitled to set off against, or deduct from the Charges, any sums owed or claimed to be owed to the Customer by Lift N Rig nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Customer must notify Lift N Rig in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as Lift N Rig investigates the dispute claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in Lift N Rig placing the Customer’s account into default and subject to default interest in accordance with clause 17.1.

5.9 Unless otherwise stated the Charges does not include GST. In addition to the Charges the Customer must pay to Lift N Rig an amount equal to any GST Lift N Rig must pay for any supply by Lift N Rig under this or any other agreement for the hire of the Equipment. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Charges. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Charges except where they are expressly included in the Charges.

5.10 Receipt by Lift N Rig of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

6.1 The Minimum Hire Period shall be in accordance with the schedule as agreed between both parties.

6.2 The hire Charges shall commence from the time the Equipment departs from Lift N Rig’s premises and will continue until the return of the Equipment to Lift N Rig’s premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.

6.3 The date upon which the Customer advises of termination shall in all cases be treated as a full day’s hire.

6.4 No allowance whatsoever can be made for time during which the Equipment is not in use for any reason, unless Lift N Rig confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Customer notifies Lift N Rig immediately, hiring Charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Customer.

6.5 Off-hire receipts will only be issued when the Equipment has been either collected by Lift N Rig or returned to Lift N Rig’s premises.

7.1 Delivery (“Delivery”) of the Equipment is taken to occur at the time that:

(a) the Customer or the Customer’s nominated carrier takes possession of the Equipment at Lift N Rig’s premises; or

(b) Lift N Rig (or Lift N Rig’s nominated carrier) delivers the Equipment to the Customer’s nominated address even if the Customer is not present at the address.

7.2 At Lift N Rig’s sole discretion, the cost of Delivery is in addition to the Charges.

7.3 Lift N Rig may deliver the Equipment by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.

7.4 Any time specified by Lift N Rig for Delivery of the Equipment is an estimate only and Lift N Rig will not be liable for any loss or damage incurred by the Customer as a result of Delivery being late. However, both parties agree that they shall make every endeavour to enable the Equipment to be supplied at the time and place as was arranged between both parties. In the event that Lift N Rig is unable to supply the Equipment as agreed solely due to any action or inaction of the Customer, then Lift N Rig shall be entitled to charge a reasonable fee for re-supplying the Equipment at a later time and date, and/or for storage of the Equipment.

8.1 Lift N Rig retains ownership of the Equipment nonetheless all risk for the Equipment passes to the Customer on Delivery.

8.2 The Customer accepts full responsibility for the safekeeping of the Equipment and indemnifies Lift N Rig for all loss, theft, or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Customer.

8.3 The Customer will insure, or self-insure, Lift N Rig’s interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment. Further the Customer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

8.4 The Customer accepts full responsibility for and shall keep Lift N Rig indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Equipment during the hire period and whether or not arising from any negligence, failure or omission of the Customer or any other persons.

9.1 The Equipment is and will at all times remain the absolute property of Lift N Rig, and the Customer must return the Equipment to Lift N Rig upon request to do so.

9.2 If the Customer fails to return the Equipment to Lift N Rig as is required under this Contract or when requested to do so, then Lift N Rig or Lift N Rig’s agent may (as the invitee of the Customer) enter upon and into any land and premises owned, occupied or used by the Customer, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused. Any costs incurred by Lift N Rig as a result of Lift N Rig so repossessing the Equipment shall be charged to the Customer.

9.3 The Customer is not authorised to pledge Lift N Rig’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.

10.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

10.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Equipment that has previously been supplied and that will be supplied in the future by Lift N Rig to the Customer.

10.3 The Customer undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Lift N Rig may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 10.3(a)(i) or 10.3(a)(ii);

(b) indemnify, and upon demand reimburse, Lift N Rig for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Equipment charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of Lift N Rig;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without the prior written consent of Lift N Rig.

10.4 Lift N Rig and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

10.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

10.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

10.7 Unless otherwise agreed to in writing by Lift N Rig, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

10.8 The Customer must unconditionally ratify any actions taken by Lift N Rig under clauses 10.3 to 10.5.

10.9 Subject to any express provisions to the contrary (including those contained in this clause 10), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

10.10 Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 10 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 10 will apply generally for the purposes of the PPSA.

11.1 In consideration of Lift N Rig agreeing to supply Equipment, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

11.2 The Customer indemnifies Lift N Rig from and against all Lift N Rig’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Lift N Rig’s rights under this clause.

11.3 The Customer irrevocably appoints Lift N Rig and each director of Lift N Rig as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11 including, but not limited to, signing any document on the Customer’s behalf.

12.1 The Customer must inspect the Equipment on Delivery and must within one (1) hour of Delivery notify Lift N Rig in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Lift N Rig to inspect the Equipment.

12.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

12.3 Lift N Rig acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

12.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Lift N Rig makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Equipment. Lift N Rig’s liability in respect of these warranties is limited to the fullest extent permitted by law.

12.5 If the Customer is a consumer within the meaning of the CCA, Lift N Rig’s liability is limited to the extent permitted by section 64A of Schedule 2.

12.6 If Lift N Rig is required to rectify, re-supply, or pay the cost of re-supplying any services or Equipment under this clause or the CCA, but is unable to do so, then Lift N Rig may refund any money the Customer has paid for the services or Equipment but only to the extent that such refund shall take into account the value of any services or Equipment and consumables which have been provided to the Customer which were not defective.

12.7 If the Customer is not a consumer within the meaning of the CCA, Lift N Rig’s liability for any defect or damage in the services or Equipment is:

(a) limited to the value of any express warranty or warranty card provided to the Customer by Lift N Rig at Lift N Rig’s sole discretion;

(b) limited to any warranty to which Lift N Rig is entitled, if Lift N Rig did not manufacture the Equipment;

(c) otherwise negated absolutely.

12.8 Notwithstanding clauses 12.1 to 12.7 but subject to the CCA, Lift N Rig shall not be liable for any defect or damage which may be caused or partly caused by, or arise as a result of:

(a) the Customer failing to properly maintain or store any Equipment;

(b) the Customer interfering with the Equipment in any way without Lift N Rig’s written approval to do so;

(c) the Customer using the Equipment for any purpose other than that for which it was designed;

(d) the Customer continuing the use of the Equipment after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(e) the Customer failing to follow any instructions or guidelines provided by Lift N Rig;

(f) fair wear and tear, any accident, or act of God.

13.1 The Customer shall:

(a) satisfy itself at commencement that the Equipment is suitable for its purposes;

(b) notify Lift N Rig immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Customer is not absolved from the requirements to safeguard the Equipment by giving such notification;

(c) maintain the Equipment as is required by Lift N Rig (including, but not limited to, maintaining (where applicable) water, oil and fluid levels and tyre pressures);

(d) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by Lift N Rig or posted on the Equipment;

(e) ensure that:

(i) all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to Lift N Rig upon request;

(ii) the operator of any Equipment is not under the influence of alcohol or any drug that may impair their ability to operate the Equipment;

(iii) all reasonable care is taken by the driver in handling and/or parking the Equipment and that the Equipment is left locked and/or securely stored when not in use.

(f) be liable for any parking or traffic infringement, impoundment, towage and storage costs incurred during the hire period and will supply relevant details as required by the Police and/or Lift N Rig relating to any such matters or occurrences.

(g) comply with all work health and safety laws relating to the Equipment and its operation;

(h) on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to Lift N Rig;

(i) refuel the Equipment prior to its return from hire. In the event the Equipment needs to be refuelled upon its return from hire then the costs of refuelling shall be charged to the Customer in addition to the costs of the Equipment hire;

(j) keep the Equipment in their own possession and control and shall not assign the benefit of the hire Contract nor be entitled to lien over the Equipment;

(k) employ the Equipment solely in its own work and shall not permit the Equipment of any part thereof to be used by any other party for any other work;

(l) indemnify and hold harmless Lift N Rig in respect of all claims arising out of the Customer’s use of the Equipment.

13.2 The Customer shall not:

(a) alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;

(b) exceed the recommended or legal load and capacity limits of the Equipment (including the recommended number of passengers (if applicable);

(c) carry any animals, illegal, prohibited or dangerous on, or in, the Equipment supplied without the prior written permission of Lift N Rig;

(d) use or carry any illegal, prohibited or dangerous substance in or on the Equipment;

(e) fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold.

13.3 Immediately on request by Lift N Rig the Customer will pay:

(a) the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Lift N Rig;

(b) all costs incurred in cleaning the Equipment;

(c) all costs of repairing any damage caused by:

(i) the ordinary use of the Equipment;

(ii) the negligence of the Customer or the Customer’s agent;

(iii) vandalism, or (in Lift N Rig’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Customer.

(d) the cost of fuels and consumables provided by Lift N Rig and used by the Customer;

(e) any:

(i) lost hire fees Lift N Rig would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;

(ii) costs incurred by Lift N Rig in picking up and returning the Equipment to Lift N Rig’s premises if the Customer does not return the Equipment to Lift N Rig’s premises or any pre-agreed pickup location when it was originally agreed that the Customer would do so;

(iii) insurance excess payable in relation to a claim made by either the Customer or Lift N Rig in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Customer and irrespective of whether charged by the Customer’s insurers or Lift N Rig’s.

14.1 “Wet Hire” shall mean that the Equipment is hired with an operator who shall at all times remain an employee of Lift N Rig.

14.2 In the event of Wet Hire, the operator of the Equipment remains an employee of Lift N Rig and operates the Equipment in accordance with the Customer’s instructions. As such Lift N Rig shall not be liable for any actions of the operator in following the Customer’s instructions.

15.1 If, during the hire term or within six (6) months of the expiry of the hire term, the Customer solicits, employs, or engages the services of any operator or employee of Lift N Rig (“the Worker”), the Customer shall pay to Lift N Rig a finder’s fee in respect of the Worker.

15.2 For the purposes of clause 15.1, the finder’s fee shall be twenty-five percent (25%) of the Worker’s annual salary (not including superannuation), or if the Worker is not on a fixed salary, twenty-five percent (25% ) of the total payments made by Lift N Rig to that Worker in the calendar year immediately preceding the employment or engagement of the Worker by the Customer.

15.3 If at any time a court or judicial or administrative body is of the opinion that a finder’s fee of twenty-five percent (25%) is unreasonable or excessive or liable to be struck down, then there shall be substituted for twenty-five percent (25%) a percentage of one per centum less in decreasing arithmetical progression until the court our judicial or administrative body no longer considers the amount of the finder’s fee excessive or unreasonable or liable to be struck down and such amended percentage shall be substituted as the amount of the finder’s fee.

16.1 Without prejudice to any other remedies Lift N Rig may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms of hire Lift N Rig may repossess the Equipment as per clause 9.2, or suspend or terminate the supply of Equipment to the Customer and any of its other obligations under the terms and conditions. Lift N Rig will not be liable to the Customer for any loss or damage the Customer suffers because Lift N Rig has exercised its rights under this clause.

16.2 Lift N Rig may cancel these terms and conditions or cancel Delivery of Equipment at any time before the Equipment is delivered by giving written notice to the Customer. On giving such notice Lift N Rig shall repay to the Customer any sums paid in respect of the Charges. Lift N Rig shall not be liable for any loss or damage whatsoever arising from such cancellation.

16.3 The Customer may cancel the Delivery of Equipment at any time before the Equipment is delivered by giving Lift N Rig twenty-four (24) written notice. In the event that the Customer cancels Delivery of the Equipment outside of this notice period then the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Lift N Rig as a direct result of the cancellation (including, but not limited to, any loss of profits).

17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at Lift N Rig’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

17.2 If the Customer owes Lift N Rig any money, the Customer shall indemnify Lift N Rig from and against all costs and disbursements:

(a) incurred; and/or

(b) which would be incurred and/or

(c) for which by the Customer would be liable;

in regard to legal costs on a solicitor and own client basis, internal administration fees, Lift N Rig’s contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.

17.3 Further to any other rights or remedies Lift N Rig may have under this Contract, if the Customer has made payment to Lift N Rig, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Lift N Rig under this clause 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract.

17.4 Without prejudice to Lift N Rig’s other remedies at law Lift N Rig shall be entitled to cancel all or any part of any order of the Customer which remains unperformed and all amounts owing to Lift N Rig shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to Lift N Rig becomes overdue, or in Lift N Rig’s opinion the Customer will be unable to meet its payments as they fall due; or

(b) the Customer has exceeded any applicable credit limit provided by Lift N Rig;

(c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

18.1 The Customer and Lift N Rig shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the services.

Modern Slavery

18.2 For the purposes of clauses 18.2 to 18.7:

(a) “Act” means the Modern Slavery Act 2018 (cth)

(b) “Modern Slavery”, “Modern Slavery Statement” and “Reporting Entity” have the meanings given by the Act.

18.3 If the Customer is a Reporting Entity, it shall comply with all of its obligations under the Act.

18.4 Whether the Customer is a Reporting Entity or not, the Customer shall:

(a) use reasonable endeavours to identify, assess and address risks of Modern Slavery practices in its operations and supply chains;

(b) use its reasonable endeavours to ensure that the personnel responsible for managing the operations and supply chains used for the purposes of the Contract have undertaken suitable training to identify and report Modern Slavery;

(c) use its reasonable endeavours to ensure that if at any time the Customer becomes aware of Modern Slavery practices in its operations and supply chains, the Customer must as soon as reasonably practicable take all reasonable steps to address or remove these practices;

(d) provide to Lift N Rig a copy of any Modern Slavery Statement that it submits under the Act within seven (7) days of so doing; and

(e) within seven (7) days of Lift N Rig’s request (or such longer period as Lift N Rig agrees), provide to Lift N Rig any information or assistance reasonable requested by Lift N Rig;

(i) concerning the Customer’s compliance with the Act;

(ii) concerning the Customer’s operations and supply chains;

(iii) to enable Lift N Rig to prepare a Modern Slavery Statement or otherwise comply with the Act; or

(iv) to enable Lift N Rig to assess and address risks of Modern Slavery practices in its operations and supply chains.

18.5 The parties agree that in the circumstances a breach arises pursuant to this clause or the terms of the Act, the parties will try and resolve the breach by way of remediation and Lift N Rig will be able to terminate the Contract for any breach by the Customer.

18.6 The Customer warrants that any information supplied to Lift N Rig is true and accurate and may be relied upon for the purposes of the Act.

18.7 The Customer shall indemnify Lift N Rig against any loss or liability suffered by Lift N Rig as a result of the Customer’s breach of this clause 18.

19.1 All emails, documents, images or other recorded information held or used by Lift N Rig is Personal Information, as defined and referred to in clause 19.3, and therefore considered Confidential Information. Lift N Rig acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Lift N Rig acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by Lift N Rig that may result in serious harm to the Customer, Lift N Rig will notify the Customer in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Customer by written consent, unless subject to an operation of law.

19.2 Notwithstanding clause 19.1, privacy limitations will extend to Lift N Rig in respect of Cookies where the Customer utilises Lift N Rig’s website to make enquiries. Lift N Rig agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Customer’s:

(a) IP address, browser, email client type and other similar details;

(b) tracking website usage and traffic; and

(c) reports are available to Lift N Rig when Lift N Rig sends an email to the Customer, so Lift N Rig may collect and review that information (“collectively Personal Information”)

If the Customer consents to Lift N Rig’s use of Cookies on Lift N Rig’s website and later wishes to withdraw that consent, the Customer may manage and control Lift N Rig’s privacy controls via the Customer’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

19.3 The Customer agrees for Lift N Rig to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Customer in relation to credit provided by Lift N Rig.

19.4 The Customer agrees that Lift N Rig may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Customer; and/or

(b) to notify other credit providers of a default by the Customer; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years.

19.5 The Customer consents to Lift N Rig being given a consumer credit report to collect overdue payment on commercial credit.

19.6 The Customer agrees that personal credit information provided may be used and retained by Lift N Rig for the following purposes (and for other agreed purposes or required by):

(a) the provision of Equipment; and/or

(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Equipment; and/or

(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or

(d) enabling the collection of amounts outstanding in relation to the Equipment.

19.7 Lift N Rig may give information about the Customer to a CRB for the following purposes:

(a) to obtain a consumer credit report;

(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.

19.8 The information given to the CRB may include:

(a) Personal Information as outlined in 19.3 above;

(b) name of the credit provider and that Lift N Rig is a current credit provider to the Customer;

(c) whether the credit provider is a licensee;

(d) type of consumer credit;

(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f) advice of consumer credit defaults (provided Lift N Rig is a member of an approved OAIC External Disputes Resolution Scheme),overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and Lift N Rig has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);

(g) information that, in the opinion of Lift N Rig, the Customer has committed a serious credit infringement;

(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

19.9 The Customer shall have the right to request (by e-mail) from Lift N Rig:

(a) a copy of the Personal Information about the Customer retained by Lift N Rig and the right to request that Lift N Rig correct any incorrect Personal Information; and

(b) that Lift N Rig does not disclose any Personal Information about the Customer for the purpose of direct marketing.

19.10 Lift N Rig will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.

19.11 The Customer can make a privacy complaint by contacting Lift N Rig via e-mail. Lift N Rig will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.

20.1 Any written notice given under this Contract shall be deemed to have been given and received:

(a) by handing the notice to the other party, in person;

(b) by leaving it at the address of the other party as stated in this Contract;

(c) by sending it by registered post to the address of the other party as stated in this Contract;

(d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;

(e) if sent by email to the other party’s last known email address.

20.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

21.1 If the Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any Trust (“Trust”) then whether or not Lift N Rig may have notice of the Trust, the Customer covenants with Lift N Rig as follows:

(a) the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;

(b) the Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;

(c) the Customer will not without consent in writing of Lift N Rig (Lift N Rig will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:

(i) the removal, replacement or retirement of the Customer as trustee of the Trust;

(ii) any alteration to or variation of the terms of the Trust;

(iii) any advancement or distribution of capital of the Trust; or

(iv) any resettlement of the trust property.

22.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

22.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia, the state in which Lift N Rig has its principal place of business, and are subject to the jurisdiction of the Broome Courts in that state.

22.3 Subject to clause 12, Lift N Rig shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Lift N Rig of these terms and conditions (alternatively Lift N Rig’s liability shall be limited to damages which under no circumstances shall exceed the Charges).

22.4 Lift N Rig may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.

22.5 The Customer cannot assign or licence without the written approval of Lift N Rig.

22.6 Lift N Rig may elect to subcontract out any part of the provision services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of Lift N Rig’s sub-contractors without the authority of Lift N Rig.

22.7 The Customer agrees that Lift N Rig may amend their general terms and conditions for subsequent future contracts with the Customer by disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for Lift N Rig to provide Equipment on hire to the Customer.

22.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed boarder lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.

22.9 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.

22.10 This Contract and any subsequent hire agreement between Lift N Rig and the Customer, shall constitute as the entire agreement between Lift N Rig and the Customer, and the Customer hereby acknowledges that no reliance is placed on any representation made by Lift N Rig that is not embodied in this Contract.

22.11 The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution and delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract.