Terms and Conditions

1. Application of Terms

These Terms and Conditions apply to all equipment hire, equipment sales, delivery services, collection services and related services supplied by Rent Me Australia Pty Ltd ACN/ABN trading as Rent Me Aust, Rent Me Australia, Mobile Skip Bin or any related business name used by Rent Me Australia Pty Ltd. (RMA)

These Terms apply to the exclusion of any other terms proposed by the Customer unless RMA expressly agrees otherwise in writing.

Each quotation, invoice, hire schedule, credit application, guarantee, indemnity, online booking, purchase order or other written or electronic document forms part of the agreement between RMA and the Customer.

If there is any inconsistency between these Terms and a Hire Schedule or written quotation issued by RMA, the Hire Schedule or written quotation will apply to the extent of the inconsistency.

RMA may decline to supply Equipment to a Customer where RMA has reasonable grounds to do so, including credit risk, safety concerns, previous breach of contract, unavailability of Equipment or suspected unlawful use.

2. Acceptance of Terms

The Customer accepts these Terms when the Customer does any of the following:

• signs or electronically accepts a quotation, Hire Schedule, invoice, credit application or hire document;
• places an order with RMA by phone, email, website, text message, online form or other communication;
• pays a deposit or any hire charge;
• takes delivery, possession or control of the Equipment; or
• otherwise instructs RMA to supply Equipment or services.

A person who accepts Equipment on behalf of the Customer is deemed to be authorised by the Customer to do so.

3. Definitions

In these Terms, unless the context requires otherwise:

• Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• Commencement means the date and time the Customer takes possession, delivery or control of the Equipment, or the date and time stated in the Hire Schedule, whichever occurs first.
• Customer or Hirer means the person, business, company, partnership, trustee, organisation or other entity hiring, buying or receiving Equipment or services from RMA.
• Equipment means any equipment, vehicle, trailer, mobile skip bin, digital signage trailer, VMS trailer, mobile traffic light, tool, attachment, accessory, part or related item supplied by RMA.
• Hire Charge means the amount payable by the Customer for hiring the Equipment, as set out in the quotation, invoice, Hire Schedule or otherwise agreed with RMA.
• Hire Period means the period from Commencement until the Equipment is returned to, collected by, or recovered by RMA and all charges have ceased under these Terms.
• Hire Schedule means any document, invoice, quotation, electronic record, booking confirmation or schedule identifying the Equipment, Hire Period, Hire Charges and related details.
• Hazardous Material means any waste, substance or material that is explosive, flammable, poisonous, toxic, ecotoxic, infectious, contaminated, regulated, dangerous, unlawful or otherwise unsuitable for the Equipment.
• Kilometre Charge means any charge payable for kilometres travelled by a Motor Vehicle or other Equipment during the Hire Period.
• Motor Vehicle means a car, truck, utility or other registerable vehicle supplied by RMA, but does not include trailers or non-powered equipment unless stated in the Hire Schedule.
• Overweight Charge means any additional charge for removal, handling or disposal of waste or goods exceeding the allowed weight or capacity stated by RMA.
• PPSA means the Personal Property Securities Act 2009 (Cth).
• Remote Area means any location more than 50 kilometres from the RMA branch or depot from which the Equipment is supplied, or any other area designated by RMA as remote due to access, distance, safety or logistical difficulty.
• RMA, we, us or our means Rent Me Australia Pty Ltd.

4. RMA Obligations

Subject to these Terms, RMA will:

• allow the Customer to take and use the Equipment during the Hire Period;
• provide the Equipment in a clean and reasonably serviceable condition;
• provide information reasonably necessary for the safe use of the Equipment where required;
• collect the Equipment within a reasonable time after the Customer requests collection, subject to access, availability, weather, safety and operational requirements; and
• comply with applicable laws that apply to RMA as the supplier of the Equipment.

5. Customer Obligations

The Customer must:

• pay all Hire Charges and other amounts payable under these Terms on time;
• ensure the Equipment is suitable for the Customer's intended purpose before use;
• use the Equipment safely, lawfully, only for its intended purpose and in accordance with all instructions supplied by RMA or the manufacturer;
• ensure all operators are competent, properly instructed and hold all licences, permits or qualifications required by law;
• conduct appropriate risk assessments and comply with all work health and safety laws;
• keep the Equipment in the Customer's possession and control during the Hire Period;
• protect the Equipment from theft, loss, damage, vandalism, weather damage and misuse;
• keep the Equipment clean and in good condition, fair wear and tear excepted;
• not alter, modify, repair or tamper with the Equipment without RMA's prior written consent;
• immediately stop using the Equipment if it becomes unsafe, damaged or defective;
• notify RMA as soon as practicable of any accident, breakdown, damage, theft, loss or safety issue and provide full details within two business days;
• ensure that any goods, waste or materials loaded in or on the Equipment are properly secured and within legal and recommended weight limits;
• provide safe, clear and lawful access for delivery, inspection, servicing, collection or recovery of the Equipment; and
• return the Equipment or make it available for collection at the end of the Hire Period.

6. Prohibited Use

The Customer must not:

• use the Equipment for any unlawful, unsafe or unintended purpose;
• allow an unlicensed, unqualified, intoxicated, drug-affected or otherwise unsuitable person to operate the Equipment;
• exceed any legal, manufacturer, weight, speed, towing, loading or capacity limit;
• move the Equipment from the agreed site or location without RMA's prior written consent;
• sell, assign, transfer, sub-hire, lend, pledge, mortgage, encumber or part with possession of the Equipment;
• place hazardous, prohibited, dangerous, contaminated or unlawful substances in or on the Equipment;
• remove, obscure or interfere with any identifying marks, labels, plates, tracking device, safety information or signage on the Equipment;
• use the Equipment in a way that may damage roads, footpaths, driveways, underground services, buildings, landscaping or other property; or
• represent that the Customer owns the Equipment.

7. Payments, Charges and Deposits

The Customer must pay all amounts stated in the quotation, invoice, Hire Schedule or otherwise agreed with RMA, including hire charges, delivery charges, collection charges, deposits, bonds, cleaning fees, damage charges, overweight charges, kilometre charges, fuel charges, tolls, fines, penalties, taxes, duties and other applicable charges.

Unless otherwise agreed in writing, all hire charges, deposits and delivery charges are payable before Commencement.

RMA may require a deposit, bond, credit card pre-authorisation or other security before supplying Equipment. Subject to these Terms, any unused balance of a deposit or bond will be refunded within a reasonable period after the Equipment is returned, inspected and all outstanding amounts are calculated.

RMA may apply any deposit, bond or other money held to unpaid hire charges, cancellation fees, cleaning costs, damage costs, transport costs, recovery costs, legal costs or any other amount payable by the Customer.

Credit card payments may incur a surcharge that does not exceed RMA's reasonable cost of accepting that payment method.

If an invoice is not paid by the due date, RMA may charge interest on the overdue amount at 1.5% per month calculated daily, or the maximum rate permitted by law, whichever is lower.

The Customer authorises RMA to charge any amounts owing to any credit card, account or payment method provided by the Customer, to the extent permitted by law. RMA may securely tokenise card or payment details for payment processing and account administration.

8. Cancellation of Hire

The Customer may cancel a hire booking before the commencement of the Hire Period by giving notice to RMA by phone, email or other method accepted by RMA.

If a confirmed hire booking is cancelled, RMA may charge a cancellation fee equal to the reasonable costs incurred by RMA as a result of the cancellation, including administration costs, transport costs, labour costs, permit costs, third-party supplier costs, loss of opportunity and the cost of reserving or preparing the Equipment for the Customer.

Unless RMA can demonstrate a higher reasonable loss, and subject to any rights the Customer may have under the Australian Consumer Law, the agreed cancellation fee is an amount equal to one week of the applicable Hire Charges.

The cancellation fee is payable in addition to any Hire Charges or other costs already incurred for Equipment that has been delivered, collected, installed, reserved, prepared, dispatched or otherwise made available to the Customer.

If delivery has been requested and the Customer cancels after the Equipment has been loaded, dispatched or the driver has left RMA's premises or depot, the Customer must pay RMA's reasonable futile delivery, transport, labour and related costs.

Any deposit paid may be applied against outstanding Hire Charges, cancellation fees, transport costs, recovery costs, permit costs, third-party supplier costs or other legitimate expenses incurred by RMA. Any remaining balance will be refunded within a reasonable period.

9. Delivery, Collection and Access

Delivery and collection times are estimates only unless RMA expressly agrees in writing to a specific time.

The Customer must ensure that the delivery and collection location is safe, lawful, accessible and suitable for the Equipment. This includes providing adequate clearance, stable ground, suitable turning space, lawful parking or placement permission, and access free from hazards.

The Customer is responsible for obtaining any permits, approvals or permissions required for the placement, use or storage of the Equipment, including council permits, strata approvals, road occupancy permits or property owner approvals.

If RMA cannot deliver or collect the Equipment due to unsafe access, restricted access, lack of permission, unsuitable ground, blocked access, incorrect information or any other matter within the Customer's control, the Customer must pay RMA's reasonable additional costs.

Where the Customer asks RMA to place Equipment in a specific location, the Customer warrants that the location is suitable and accepts responsibility for damage to driveways, pavements, underground services, lawns, landscaping, structures or other property except to the extent caused by RMA's negligence.

10. Risk, Loss, Damage and Cleaning

Risk in the Equipment passes to the Customer from Commencement and remains with the Customer until the Equipment is returned to, collected by or recovered by RMA and inspected.

The Customer is responsible for:

• loss, theft or damage to the Equipment during the Hire Period, except to the extent caused by RMA's negligence or breach of contract;
• cleaning costs if the Equipment is returned dirty, contaminated or not in the condition required by these Terms;
• repair costs for damage caused or contributed to by the Customer, its employees, contractors, agents, invitees or any person using the Equipment with the Customer's permission;
• replacement costs where Equipment is lost, stolen, destroyed or damaged beyond economic repair;
• all tolls, fines, penalties, levies, taxes, charges and infringements arising from the Customer's use or possession of the Equipment;
• all reasonable costs incurred by RMA in recovering possession of the Equipment; and
• all reasonable expenses and legal costs incurred by RMA in enforcing these Terms due to the Customer's default.

The Customer must maintain adequate insurance for the Customer's liabilities arising from the possession, towing, storage, operation or use of the Equipment.

11. Damage Waiver and Theft Waiver

Damage Waiver is not insurance. It is an agreement by RMA that the Customer's liability for accidental damage to the Equipment may be limited in certain circumstances.

Damage Waiver does not constitute a contract of insurance and is not regulated under the Insurance Contracts Act 1984 (Cth).

Where Damage Waiver applies, the Customer remains liable for the Damage Waiver Excess. Unless otherwise stated in the Hire Schedule, the Damage Waiver Excess is the lesser of:

• the actual recovery and repair cost of the Equipment; or
• 20% of the current replacement cost of the Equipment as reasonably determined by RMA.

Damage Waiver does not apply and will not limit the Customer's liability where:

• the Equipment is lost or stolen;
• the operator is not suitably licensed, qualified or competent;
• the operator is affected by drugs, alcohol or fatigue;
• the Equipment is wilfully, recklessly or deliberately damaged;
• damage is caused by overloading, misuse, negligence or breach of these Terms;
• damage is caused by collision with bridges, car parks, awnings, gutters, trees, overhead structures or overhead objects;
• damage occurs while the Equipment is used on an unsealed road, unsafe surface, non-public road or unsuitable site without RMA's written consent;
• damage is caused by prohibited waste, contamination or hazardous material;
• the Customer fails to notify RMA of damage within the required time; or
• the Customer breaches these Terms.

Where RMA offers an optional Vehicle Waiver Plus Fee, Equipment Waiver Plus Fee or Theft Waiver, the terms, exclusions, excess and applicable Equipment will be stated in the Hire Schedule or otherwise notified by RMA.

Theft Waiver, where offered and accepted, is not insurance. Theft Waiver will not apply where the Customer has failed to properly secure the Equipment, failed to keep the Equipment in a securely locked compound or location where reasonably required, failed to lock a Motor Vehicle, failed to remove keys, failed to take reasonable theft prevention steps, or failed to provide a police report to RMA within seven days of the alleged theft.

Hire charges continue to accrue until RMA receives a police report and all information reasonably required to assess any theft or loss claim.

12. Mobile Skip Bins and Waste

Where the Equipment includes a mobile skip bin or waste container, the Customer must comply with all waste rules, weight limits and prohibited materials requirements notified by RMA.

The Customer must not place any of the following in the Equipment unless RMA gives prior written approval:

• asbestos or asbestos-contaminated material;
• contaminated soil;
• hazardous waste;
• liquid waste;
• chemicals, oils, fuel, paint or solvents;
• gas bottles or pressurised containers;
• batteries;
• tyres;
• food waste or putrescible waste;
• medical, biological or infectious waste;
• flammable, explosive, toxic or regulated material; or
• any material prohibited by law, council regulation, landfill requirement or RMA instruction.

The Customer is liable for all costs associated with overloading, overweight disposal, sorting, removal, decontamination, remediation, rejection by disposal facilities, fines, penalties and damage caused by prohibited or unsuitable waste.

RMA may refuse to collect, transport or dispose of waste that RMA reasonably considers unsafe, overloaded, contaminated, unlawful or unsuitable.

13. GPS Tracking and Equipment Monitoring

The Customer acknowledges that certain Equipment may be fitted with GPS tracking, telematics, cameras, sensors or other monitoring devices.

RMA may use monitoring information for asset management, safety, theft prevention, recovery, contract administration, billing, maintenance and enforcement of these Terms.

The Customer must not remove, disable, obscure or interfere with any tracking, monitoring or security device fitted to the Equipment.

14. Title and Ownership

The Equipment remains the property of RMA at all times unless RMA expressly sells the Equipment to the Customer and receives full cleared payment.

The Customer has no right, title or interest in the Equipment except the right to use it during the Hire Period in accordance with these Terms.

The Customer must not create or allow any lien, charge, security interest or other encumbrance over the Equipment.

The Customer is not authorised to pledge RMA's credit for repairs or other work relating to the Equipment.

15. Personal Property Securities Act

This clause applies to the extent that the agreement creates or gives rise to a security interest under the PPSA.

The Customer acknowledges and agrees that RMA may register its security interest in the Equipment and any proceeds under the PPSA.

The Customer must do anything reasonably required by RMA to ensure that RMA's security interest is enforceable, perfected and has the priority required by RMA.

The Customer must not dispose of, sell, transfer, sub-hire, bail, lend, assign, encumber or create a security interest in the Equipment without RMA's prior written consent.

If RMA consents to any sub-hire or transfer of possession, the Customer must ensure that RMA's rights are protected and must provide all information reasonably required by RMA about the identity of the sub-hirer, the location of the Equipment and the terms of the sub-hire.

To the extent permitted by law, the Customer waives any right to receive a verification statement under section 157 of the PPSA in relation to any registration event.

Nothing in this clause limits any rights RMA may have under the PPSA or any other law.

16. Remote Hire

Where Equipment is hired for use in a Remote Area, the Customer must pay all additional reasonable charges for delivery, collection, servicing, repair, inspection, attendance, travel, accommodation, freight, labour and other costs incurred by RMA in connection with the Remote Area.

Remote Area charges may be calculated by reference to kilometres travelled, staff travel time, labour rates, direct travel costs, accommodation, airfares, freight and other actual or reasonable costs incurred.

The Customer is responsible for daily maintenance and care of Equipment in its possession, including checking fluid levels, battery levels, tyres, wheel nuts, fittings, grease points and general condition where applicable and where safe to do so.

17. Breach, Termination and Recovery

RMA may terminate the hire, suspend services, refuse further hire, recover the Equipment or require immediate payment of all amounts owing if:

• the Customer fails to pay any amount when due;
• the Customer breaches these Terms;
• the Equipment is at risk of loss, damage, misuse, seizure or unlawful use;
• the Customer becomes insolvent, bankrupt, enters external administration, ceases business or is unable to pay debts as they fall due;
• RMA reasonably believes the Customer has provided false or misleading information; or
• RMA reasonably believes recovery is necessary to protect the Equipment, public safety or RMA's legal rights.

To the extent permitted by law, the Customer grants RMA and its authorised representatives an irrevocable licence to enter any premises where the Equipment is reasonably believed to be located for the purpose of inspection, servicing, collection or recovery of the Equipment.

RMA will take reasonable care when exercising rights of entry and recovery. The Customer indemnifies RMA against claims, losses, costs and expenses arising from recovery of the Equipment except to the extent caused by RMA's negligence, breach of contract or unlawful conduct.

18. Australian Consumer Law

Where the Australian Consumer Law applies, the Customer may have the benefit of consumer guarantees and other rights that cannot be excluded, restricted or modified.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Where goods or services supplied under these Terms are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and where it is lawful to do so, RMA's liability for failure to comply with a consumer guarantee is limited, at RMA's option, to:

• in the case of goods, replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or payment of the cost of having the goods repaired; and
• in the case of services, supplying the services again or paying the cost of having the services supplied again.

This clause does not limit liability where it would be unlawful to do so.

19. Limitation of Liability

To the maximum extent permitted by law, RMA is not liable for any indirect, special or consequential loss, including loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, production delay, site delay or interruption to business.

RMA is not liable for loss or damage caused by the Customer's failure to use the Equipment safely, lawfully, for its intended purpose or in accordance with these Terms.

The Customer indemnifies RMA against claims, losses, damages, costs and expenses arising from the Customer's possession, use, transport, storage or operation of the Equipment, except to the extent caused or contributed to by RMA's negligence, breach of contract or unlawful conduct.

20. Privacy

RMA will handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles where applicable, and RMA's Privacy Policy.

The Customer consents to RMA collecting, using and disclosing personal information for the purposes of assessing creditworthiness, processing bookings, administering hire agreements, arranging delivery and collection, managing accounts, recovering debts, enforcing rights, protecting Equipment, communicating with the Customer and operating RMA's business.

RMA may disclose personal information to employees, contractors, delivery providers, payment processors, credit reporting bodies, insurers, debt collection agencies, legal advisers, government authorities and other parties where reasonably necessary for the purposes above or where required by law.

A copy of RMA's Privacy Policy is available on request or by visiting RMA's website.

21. Disputes

The Customer must check all invoices and Hire Charges promptly. Any dispute about Hire Charges must be notified to RMA in writing within 30 days of the invoice date, including details of the disputed amount and the reason for the dispute.

The Customer must pay any undisputed portion of an invoice by the due date.

If a dispute arises, the parties must first attempt to resolve the dispute by good faith negotiation. Either party may refer the dispute to mediation or another appropriate dispute resolution process before commencing court proceedings, except where urgent injunctive relief, debt recovery or recovery of Equipment is required.

22. Force Majeure

RMA is not liable for any delay or failure to perform its obligations where the delay or failure is caused by events beyond RMA's reasonable control, including severe weather, flood, fire, accident, industrial action, supply shortage, equipment breakdown, transport disruption, pandemic, government restriction, emergency, natural disaster or failure of utilities or communication systems.

23. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

Where applicable, invoices or claims issued by RMA may constitute payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW) or equivalent legislation in another Australian jurisdiction.