1. INTRODUCTION
In this agreement, “Owner” means BSF Mobile Cranes Pty Ltd ABN 31 119 342 880 and its successors and assigns or any person acting on behalf of and with the authority of the Owner; “Hirer” refers to the person, firm, partnership, corporation or other entity identified as the hirer in the Hire Docket and Hire Contract; “Hire Contract” (including these terms and conditions) means any agreement between the Owner and Hirer for the hire of equipment whether signed or not; “Hire Docket” means the docket detailing the hire details; “Hire Period” means the period of hire; “Equipment” means all equipment supplied to the Hirer including but not limited to mobile cranes; “Goods” mean products or materials to be handled, lifted and/or carried; and “Remote Area” means a location in excess of 50km from the Owner’s depot.
2. OWNER IS NOT A COMMON CARRIER
The Owner is not a Common Carrier and does not accept the obligations or liability of Common Carriers. The Owner may refuse handling, lifting, and/or cartage of any Goods for any person or any class of Goods at its own discretion and without being bound to give any reason for such refusal.
3. EQUIPMENT HIRE PERIOD
The period of hire commences when the Equipment leaves the Owner’s depot in accordance with the Hirer’s instructions and the period of hire ends when the Equipment is back in the Owner’s depot (the “Hire Period”).
4. EQUIPMENT HIRE RATES
Equipment Hire rates (excl. GST) are available on application to the Owner’s office. Rates quoted are for hires during normal working hours, 6.00am to 2.00pm Monday to Friday excluding RDO’s and Public Holidays.
5. LABOUR HIRE RATES
5.1 Labour hire rates (excl. GST) are available on application to the Owner’s office.
5.2 Penalty rates apply for labour outside of the Owner’s normal working hours, 6.00am to 2.00pm Monday to Friday.
5.3 An eight (8) hour minimum charge for labour applies to standard after hours call-outs.
6. MOBILISATION/DEMOBILISATION
Mobilisation and/or demobilisation costs for larger Equipment are available on request, subject to site location, work duration and the required boom/fly configurations.
7. SPECIAL SITE ALLOWANCE
Special site allowances additional to Equipment hire, EBA and induction costs, may be charged as applicable. The Hirer agrees that such additional allowances will be determined solely at the Owner’s discretion.
8. DELAYS
8.1 The Hirer shall be responsible to pay for all delays caused by the Owner obeying any instructions given by the Hirer, including delays caused by bogging or breaking down of the Equipment resulting from such instructions. Such delays shall be charged for by the Owner as a hiring charge as per the nominated Schedule of Rates.
8.2 Delays caused during transport from depot to depot, or at the Hirer’s site, (that are not caused by the Owner) will be charged to the Hirer as a hiring charge as per the nominated Schedule of Rates.
9. REMOTE AREA HIRE CONDITIONS
Special conditions may apply to remote area hire. Details will be made available on application to the Owner’s office.
10. HIRER’S DECLARATION
The Hirer shall declare the weight of the Goods and the Owner shall rely on such declared weight when arranging for the handling, therefore the Hirer shall be responsible for all extra cost and risk incurred by the Owner and for any and all damages sustained by reliance on the declared weight. The Hirer shall disclose to the Owner the nature of the Goods to be handled, lifted and/or carried.
11. INSURANCE COVER FOR HIRER’S GOODS
Unless otherwise agreed in writing, the Owner’s rates specifically exclude insurance on Goods being handled. The Owner takes every care but does not accept responsibility for load on the hook. It is the Hirer’s responsibility to take out appropriate insurance cover.
12. ADDITIONAL FEES
Fees apply for police permits, special duty police, traffic control and council permits and will be charged at cost plus 10%.
13. ADDITIONAL SERVICES
If requested, the Owner shall supply the following services, at an additional cost to the Hirer:
a) site inspection, advice and quotations;
b) job safety analysis, risk assessment and engineered lift plans;
c) a full range of tested and approved ancillary Equipment
14. SUB-CONTRACTING RIGHTS
The Owner shall have full liberty to arrange with any other person, persons or corporations to undertake the Owner’s obligations under this agreement, for such time and on such conditions as the Owner thinks fit, and any such person, persons or corporation shall against the Hirer be entitled the benefit of these conditions to the same extent as the Owner.
15. HIRER’S DRY HIRE OBLIGATIONS
15.1 POSSESSION AND USE BY HIRER
The Hire Contract is personal to the Hirer and the Hirer will not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time during the Hire Period.
15.2 SUITABILITY
The Hirer agrees that before accepting the Equipment, it has satisfied itself as to the Equipment’s capacity, and suitability to complete the work as intended. The Owner gives no warranty that the Equipment is suitable for the Hirer’s purpose.

15.3 OPERATION OF EQUIPMENT
The Hirer warrants that at all time it will:
a) operate the Equipment safely and strictly in accordance with all Workplace Health and Safety, Environmental and other applicable laws;
b) ensure persons operating or erecting the Equipment are suitably instructed / trained in its safe and proper use and where necessary hold a current Certificate of Competency and be licensed to use it; and
c) return the Equipment to the Owner in the same good and clean condition it was in when the Hirer received it, ordinary fair wear and tear excluded. If the Hirer fails to clean the Equipment, the Owner will charge the cleaning cost to the Hirer.
15.4 CLEANING AND MAINTENANCE
15.4.1 The Hirer, at the Hirer’s cost, must clean, fuel, lubricate and maintain the Equipment in good condition and in accordance with the manufacturer’s and the Owner’s instructions.
15.4.2 The Hirer must not in any way alter, modify, tamper with, damage or repair the Equipment without the Owner’s written consent.
15.5 RELOCATION
The Hirer must ensure that during the Hire Period the Equipment is not relocated to a new site, without written agreement from the Owner.
15.6 SAFEKEEPING
When not in use, the Hirer must store the Equipment safely and securely at all times and ensure that the Equipment is protected from theft, seizure or damage of any kind.
15.7 ALTERATION AND IDENTIFYING MARKS
The Hirer must not alter, deface, remove or erase any notices, safety information, identifying mark, plate or number on the Equipment.
15.8 RETURN OF EQUIPMENT
15.8.1 If the Hirer returns the Equipment to the Owner’s premises AFTER the end of the Hire Period (late return), the Hirer will be charged a minimum of an additional full day hire. The Hirer will remain liable to be charged for the Equipment until it is returned to the Owner.
15.8.2 If the Hirer wants to return the Equipment BEFORE the end of the Hire Period (early return), at the Owner’s discretion, the Hirer will remain liable for all hire and other charges payable to the Owner.
15.9 DAMAGE WAIVER
Damage Waiver will be automatically charged in addition to the Owner’s hire charge. The Hirer is not required to pay Damage Waiver if it produces to the Owner a Certificate of Currency for an appropriate policy of insurance that covers loss or damage to the Equipment arising from the hire for an amount not less than the full new replacement cost of the Equipment.
15.10 EQUIPMENT BREAKDOWN
In the event that the Equipment breaks down or becomes unsafe to use during the Hire Period the Hirer will:
a) immediately stop using the Equipment and notify the Owner.
b) take all steps necessary to prevent any further damage to the Equipment; and
c) not repair or attempt to repair the Equipment without the Owner’s written consent.
16. PAYMENT AND CANCELLATION
16.1 TIME FOR PAYMENT
Unless otherwise agreed in writing the Owner’s payment terms are strictly thirty (30) days end of month from the Owner’s tax invoice - Payment Claim made under the Building Industry Fairness (Security of Payment) Act 2017. Payment must be in full without deduction or set off.
16.2 CANCELLATION
The Hirer shall reimburse the Owner for any costs, expenses or losses incurred by the Owner should the Hirer cancel an accepted or confirmed booking, quote or contract without a minimum 12 Hours’ notice. Costs will be invoiced in line with minimum charges as per the schedule of rates. The time for payment for such cancellation shall be thirty (30) days end of month from the Owner’s tax invoice.
17. DEFAULT AND CONSEQUENCIES OF DEFAULT
Without prejudice to any other remedies the Owner may have, if at any time the Hirer is in breach of any obligation relating to payment, the Owner reserves the right to:
a) charge interest at a rate of fifteen percent (15%) per annum calculated on a daily basis from the date of the Owner’s Payment Claim or tax invoice. Should payment be made within the Owner’s payment terms then the Owner shall have no claim for the corresponding interest;
b) charge a monthly administration fee of twenty-five dollars ($25) on accounts that exceed the agreed payment terms; and
c) charge the Hirer for any costs, expenses or losses incurred by the Owner as a result of the Hirer’s failure to pay to the Owner all sums outstanding as owed by the Hirer to the Owner including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.
18. RETENTION OF TITLE
18.1 TITLE
The Equipment shall remain the property of the Owner at all times. The Hirer is not entitled to sell, transfer, mortgage, charge or encumber in any way the Equipment nor part with possession of the Equipment or assign the benefit of the Hire Agreement.
18.2 REPOSSESSION
If the Hirer commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this Agreement, then the Owner may remove or repossess any Equipment and may, without prejudice to any other remedies it may have, commence proceedings to recover the balance of any monies owing to the Owner by the Hirer.
19. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)
19.1 In this clause, the following words have the respective meanings given to them in the PPSA: Financing Statement, Financing Change Statement, Proceeds, Register, Security Agreement, Security Interest and Verification Statement.

19.2 THE HIRER ACKNOWLEDGES AND AGREES:
a) that these Terms & Conditions constitute a Security Agreement that creates a Security Interest in all Equipment (and Proceeds):
(i.) previously supplied by the Owner to the Hirer;
(ii.) to be supplied in the future by the Owner to the Hirer;
b) that the Security Interest created by these Terms & Conditions is a continuing Security Interest in all Equipment (supplied now or in the future by the Owner to the Hirer) and Proceeds, which will operate (despite any intervening payment or settlement of account) until the Owner has signed a release;
c) to waive its rights under section 157 of the PPSA and the following subsections of section 115 of the PPSA, which will not apply to the Security Agreement created by these Terms and Conditions: 95, 117, 118, 121(4), 130, 132(4), 135, 143.
19.3 THE HIRER UNDERTAKES TO:
a) keep all Equipment free of any charge, lien or Security Interest except as created under these Terms & Conditions and not otherwise deal with the Equipment in a way that may prejudice any rights of the Owner under these Terms & Conditions or the PPSA;
b) sign any further documents and provide any further information (which must be complete, accurate and up-to-date in all respects) that the Owner may require to:
(i.) register a Financing Statement or Financing Change Statement in relation to a Security Interest on the 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 19.3(b) (i) or 19.3(b) (ii);
c) indemnify, and upon demand reimburse, the Owner for all fees (including actual legal fees on a solicitor/own client basis), costs, disbursements and expenses in:
(i.) registering and maintaining a Financing Statement or Financing Change Statement on the Register or releasing any Equipment charged thereby; and
(ii.) enforcing or attempting to enforce the Security Interest created by these Terms & Conditions.
d) not register, or allow to be registered, a Financing Statement or a Financing Change Statement in respect of the Equipment or Proceeds in favour of a third party, without the prior written consent of the Owner; and
e) immediately advise the Owner of any material change in its business details (including, but not limited to, it’s trading name, address, facsimile number) or business practices.
20. LIABILITY
20.1 NON-EXCLUDABLE RIGHTS
The parties acknowledge that, under the Australian Consumer Law, certain conditions and warranties may be implied in these terms and conditions and there are rights and remedies conferred on the Hirer in relation to the provision of the Equipment and the Owner’s associated services which cannot be excluded, restricted or modified by the Agreement (“Non- excludable Rights”).
20.2 DISCLAIMER OF LIABILITY
The Owner disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Hirer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights.
To the extent permitted by law, the liability of the Owner for a breach of a Non-Excludable Right is limited, at the Owner’s option, to the supplying of the Equipment and/or services again or payment of the cost of having the Equipment and/or services supplied again.
20.3 INDIRECT LOSSES
Notwithstanding any other provision of these terms and conditions, the Owner is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Hirer for:
a) any increased costs or expenses;
b) any loss of profit, revenue, business, contracts or anticipated savings;
c) any loss or expense resulting from a claim by a third party; or
d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Owner’s failure to complete its obligations within a reasonable time.
20.4 FORCE MAJEURE
The Owner will have no liability to the Hirer in relation to any loss, damage or expense caused by the Owner’s failure to complete its obligations as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Owner’s normal suppliers to supply necessary parts and materials or any other matter beyond the Owner’s control.
21. SECURITY AND CHARGE
The Hirer hereby charges all property, both equitable and legal, present or future of the Hirer in respect of any monies that may be owing by the Hirer to the Owner under these terms and conditions or otherwise and hereby authorises the Owner or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Hirer at any time.
22. PRIVACY
22.1 The Hirer hereby authorises the Owner to collect, retain, record, use and disclose consumer and/or commercial information about the Hirer, in accordance with the Privacy Act 1988 and the Privacy Principles outlined in the Privacy Act 2020, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Owner, a debt collector, credit reporting body and/or any other individual or organisation which maintains credit references and/or default listings.
22.2 Subject to the Privacy Principles outlined in the Privacy Act 2020, the Hirer further authorises the Owner to collect, retain, record, use and disclose personal information about the Hirer for the marketing of the Equipment provided by the Owner.

23. ARBITRATION AND MEDIATION
Without prejudice to either party’s rights under the Building Industry Fairness (Security of Payment) Act 2017, either party may refer any dispute under, or arising out of, this contract to the Institute of Arbitrators
& Mediators Australia, for resolution under the Rules of the Construction Industry Dispute Resolution Scheme. Each case will first be referred to a Conciliator appointed by the Institute unless each party wishes to proceed directly to arbitration. If the conciliation is not satisfactorily concluded within thirty (30) days or if the parties want to proceed directly to arbitration, the Institute will appoint an Arbitrator who will make a final and binding award.
24. GENERAL MATTERS
24.1 SEVERABILITY
Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
24.2 NON-WAIVER
Failure by the Owner to enforce or delay in enforcing any right or provision of these terms and conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by the Owner in writing.
24.3 Entire Contract
The Hire Contract issued to the Hirer, including these Terms and Conditions of Hire, comprises the entire agreement between the parties. No additional terms and conditions proposed by the Hirer (including any terms contained in any purchase order provided by the Hirer) apply to the hire of the Equipment unless agreed in writing by the Owner.
24.4 TERMINATION
24.4.1 The Owner may terminate the Hire Contract immediately by notice to the Hirer, if the Hirer breaches any term of the Hire Contract, or the Hirer becomes bankrupt or insolvent, executes a personal insolvency agreement, enters into liquidation, administration, receivership or ceases to carry on business.
24.4.2 Both parties may terminate the Hire Contract with twenty four (24) hours’ notice.
24.4.3 The right of termination is in addition to any other rights under the Hire Contract and does not exclude any right or remedy under law or equity or the survival of other terms under the Hire Contract.
24.5 GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by the laws of the State of Queensland and all disputes arising between the Hirer and the Owner will be submitted to the Brisbane Registry of any Court as is competent to hear the matter.
HIRER AGREEMENT TO THESE TERMS & CONDITIONS
The director/s or business owner/s must sign this agreement section on behalf of a business.