1. Hire Agreement Between You and Us (Astris PME)
These Terms of Hire, together with:
(a) any Credit Application,
(b) Guarantee,
(c) each Hire Schedule or Quote provided to you (whether signed or not), and
(d) any special terms specific to the type of equipment you have hired,
form the complete Hire Agreement between you and Astris PME.
The Hire Schedule does not form a separate agreement.
Please ensure you have read and understood all terms before hiring from us.
2. Definitions
Agent â person acting on behalf of either party
Collection Date â date we collect the equipment from you (âOff Hireâ)
Equipment â all equipment supplied by us, including attachments and accessories
Expected Off Hire Date â date listed on the Hire Schedule
Hire Period â defined in clause 4
Hire Schedule â document outlining the equipment, hire rates, charges, delivery address, etc.
Long Distance Location â more than 50 km from our nearest branch
Off Hire / Off Hire Date â process of returning equipment (see clause 5.4)
Off Hire Procedure â steps followed after you notify us of return
PMP â Preventative Maintenance Program
PPSA â Personal Property Securities Act 2008
Quote â written offer listing equipment and pricing
3. Our Hire Commitment to You
We agree to hire the equipment to you in accordance with the Hire Schedule.
4. The Hire Period
4.1 Begins when:
(a) you take possession, or
(b) we deliver the equipment - whichever occurs first.
4.2 Continues until equipment is back in our custody.
4.3 Includes weekends and public holidays.
4.4 Can be varied only with written agreement.
5. How We Calculate Your Hire Charges
5.1 Charges are based on the rates in the Hire Schedule.
5.2 Some equipment has minimum hire periods (you will be advised in advance).
5.3 General minimum hire period is 2 weeks, charged in full weeks.
5.4 If you cancel within a billing period, charges stop from the end of the already-paid period once we collect the equipment (usually within 48 hours).
5.5 You are charged until the equipment is returned or collected.
5.6 Customised offers may override clause 5.4.
5.7 Hire charges commence when the equipment leaves our premises.
5.8 Off Hire Procedure begins once you notify us the equipment is ready for collection.
5.9 Expected Off Hire Date is not considered notice of collection.
6. Other Charges
You may also be charged for:
- workshop preparation
- delivery, collection or installation
- cleaning, disinfection, extra cleaning if required
- repairs for damage or missing parts
- stamp duty or GST
- government levies, fines, penalties
- credit card surcharges
- training or operational guidance
- administrative fees
7. Payment
Payment is required:
- before delivery, or
- within 7 days of invoice if equipment already delivered.
Overdue payments may incur:
(a) 1.5% monthly interest
(b) $25 late fee per invoice
(c) recovery, legal and mercantile agent costs
8. Your Obligations
8.1 Agreement is personal â you must not rehire or allow others to use the equipment.
8.2 Before accepting the equipment, you agree you have:
- assessed suitability and condition
- reviewed specifications
- had opportunity to inspect
8.3 You must operate equipment safely:
- follow laws and manufacturer instructions
- ensure operators are trained
- use PPE
- ensure nobody is under the influence
- follow all safety signage
8.4 You must care for the equipment:
- clean and maintain it
- not alter or repair without permission
- not deface labels or safety information
8.5 During hire:
- store securely
- insure against theft or loss
8.6 You must allow inspections and PMP access.
8.7 Ensure safe loading and transport.
8.8 Prevent contamination with hazardous substances (including asbestos).
8.9 You are responsible for re-testing and re-tagging where required.
9. Ownership
We retain full ownership.
You may not sell, assign, sub-let or create any security interest.
Risk transfers to you on delivery.
10. PPSA (Personal Property Securities Act)
You consent to registration of our security interest and agree to provide required documentation.
See full clauses for detailed obligations.
11. Return of Equipment
You must return equipment in clean, good working order (fair wear and tear excepted).
You must ensure equipment is accessible for collection.
Failure to provide safe access may incur additional charges.
12. If Equipment Breaks Down
You must stop using it immediately and notify us.
We will repair or replace as soon as possible and suspend hire charges unless misuse caused the issue.
13. Lost, Stolen or Damaged Equipment
If equipment is damaged due to negligence, misuse, or is lost or stolen, you must pay:
(a) repair or replacement costs
(b) hire charges until replaced or repaired
14. Indemnities and Liability
Liability is limited to repair/replacement of goods or resupply of services as permitted by law.
We exclude consequential or special loss to the maximum extent permitted.
You indemnify us for losses arising from your use or breach.
15. Termination
Either party may terminate immediately if the other:
- breaches terms and fails to remedy within 14 days
- becomes insolvent
16. Recovery of Equipment
We may enter your premises to recover equipment if you breach the agreement.
17. Security Over Property
You charge your legal/equitable interest in real property as security.
We may require registration of a mortgage or caveat.
18. Damaged or Defective on Delivery
You must notify us within 24 hours or equipment is deemed received in good condition.
19. Long Distance Maintenance
Additional charges apply for PMP beyond 50 km.
Multiple items count as one callout.
Breakdown callouts also incur long-distance charges.
20. Privacy
We comply with Australian Privacy Principles.
Personal information may be collected for:
- credit checks
- hire processing
- theft prevention
- contract fulfilment
- marketing
We may disclose information to credit agencies, service providers and affiliates.
You have the right to access your information.
21. General Conditions
Covers force majeure, severability, governing law, entire agreement, and variation processes.
22. Credit
If credit is withdrawn you may terminate but must still pay all amounts owing until equipment is returned.
23. Authority
You warrant the person signing documents has authority to bind you.
24. Dispute Resolution
Outlines the process:
- Notice of Dispute
- Management-level negotiation
- Mediation
- Court action only for urgent matters
25. Successors and Assignment
You cannot assign the agreement without consent.
We may assign with notice.
26. Notices
Notices must be in writing and can be sent via registered post or email.
27. Variation
Changes must be in writing and signed.
