Terms & Conditions

1. Definitions

In this agreement, the following defined terms have the following meaning:

Agreement means this agreement between RentedSA and the Customer comprising of these Terms and Conditions and any other agreement arising in the course of the transaction

Claim means any claim made (whether in the form of an allegation, demand suit action or other proceedings of any kind) under or in connection with these Terms and Conditions or its subject matter, whether arising under contract (including under any warranty or indemnity or any other breach, actual or anticipatory), in equity, in restitution, negligence or any other tort, strict liability, under statute or otherwise at all.

Commencement Date means the earlier of the commence date set out in the Rental Details or the date on which the Customer takes possession of the Equipment.

Completion Date means the later of either:

(a) the completion date set out in the Rental Details (as may be extended on request by the Customer with RentedSA’s prior written approval); or

(b) the date on which RentedSA retakes possession of the Equipment;

or on such date, as the parties may agree in writing.’

Consequential Loss means all loss of actual or anticipated profit, loss of use, loss of productivity, loss of revenue, loss of contracts, loss of opportunity, increased costs and expenses, wasted expenditure, loss arising from any delay, loss by reason of shut down or non-operation of RentedSA or increased cost of borrowing capital or financing and all special, indirect and consequential losses whether caused by or contributed by a breach of contract or statute, breach of warranty (express or implied), tort, strict liability or any other cause whatsoever.

Customer means the customer as set out in the Rental Details.

Enforcement Costs means any costs or expenses reasonably incurred by RentedSA in enforcing this Agreement as a result of the Customer’s breach or in order to return the Equipment to the condition required by the Rental Return Conditions.

Equipment means the equipment set out in the Rental Details, including any and all accessories, tolls, attachments, parts, manuals, instructions and packing and transferable materials, and any substitute or replacement Equipment or parts provided (unless otherwise indicated in this Agreement).

Equipment Delivery Fee means any costs reasonably incurred and/or charged by RentedSA with respect to:

(a) The delivery of the Equipment to the Site;

(b) For Standard Rentals only, any mobilisation, commissioning, decommissioning or demobilisation of the Equipment; and/or

Equipment Rental Agreement means the equipment hire schedule setting out the details of the Equipment and signed by the Customer.

Fees means any fees or charges payable by the Customer to RentedSA under this Agreement.

Final Inspection Report means the Equipment inspection report prepared by RentedSA following a physical inspection of the Equipment to assess its condition as against the Inspection Report.

Inspection Report means the Equipment inspection report set out in Schedule 1 detailing the condition of the Equipment as at the Commencement Date.

Interest Rate means the ANZ Bank Indicator Lending Rate from time to time plus 3% per annum.

Liability includes all liabilities, losses, damages, costs, charges, fines, penalties and expenses (including legal costs on a full indemnity basis) of whatever description however arising, whether actual contingent or prospective and whether present or future, fixed or unascertained.

Other Charges has the meaning given in clause 3.2.

Operation and Maintenance Manual means any manual issued or approved by RentedSA containing the operating and service instructions for the Equipment, the current manufacturer’s instructions or RentedSA requirements as to the Equipment issued to the Customer.

Payment Processing Fees means any costs reasonably incurred by RentedSA in processing the Customer’s payment of the Fees, including a 1.5% administration fee for credit card payments.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Personnel means, to the extent applicable, any officers, employees, contractors, agents, executors, administrators or representatives of the Customer.

Privacy Policy means RentedSA’s Privacy Policy available at

Rental Charges means the amount shown in the Rental Details and payable by the Customer to RentedSA for the Equipment hire.

Rental Details means the section of the Agreement entitled “Rental Details”.

Rental Return Conditions means the conditions set out in Clause 5.

RentedSA means Josiah Aidan de Luca trading as RentedSA under ABN 56 133 043 953.

Repair Costs means any costs incurred by RentedSA under clause 3.2(f) in undertaking the maintenance, repair or replacement of the Equipment during the Term.

Site means the location where the Equipment will be located, used and/or stored during the Term, as set out in the Rental Details (and such other locations as may be approved by RentedSA in writing).

Taxes means any taxes, duties (including stamp duty) levies, charges or imposts payable with respect to this Agreement or the transactions contemplated by it.

Term means the period commencing on the Commencement Date and ending on the Completion Date, unless otherwise terminated under clause 8.

2. Hire of Our Equipment

2.1. Agreement to Hire

The Customer has requested and RentedSA has agreed to Rent the Equipment to the Customer for the Term on the terms set out in this Agreement. The Customer agrees to pay the Rental Charges noted in clause 3.1 to RentedSA in accordance with this agreement. Once the Rental Charges are paid, RentedSA agrees to process the order.

2.2. Term

This Agreement commences on the Commencement Date and continues for the Term unless terminated sooner in accordance with its terms

2.3. Rental Details

The Customer acknowledges and agrees if the technical specifications required to be included in the Rental Details (such as the serial number for some Equipment) are not available for insertion of this Agreement, then RentedSA will and must insert the additional information as soon as practicable after it becomes available and will notify and provide a copy of the updated Details to the Customer at which point that information will form part of this Agreement.

3. Payment for Hire

3.1. Rental Charges

(a) The Customer must pay the Rental Charges to RentedSA for the Term in accordance with this Agreement.

(b) The Rental Charges are payable as follows:

(i) the Customer agrees to pay the invoiced amount and Deposit provided on the prepared invoice which is enclosed with this Agreement.

(c) The Rental Charges are payable notwithstanding any period of the Term during which the Equipment is subject to repairs or replacement as a result of the Customer’s use.

3.2. Other Charges

In addition to the Rental Charges, the Customer must pay the following additional charges to RentedSA immediately on request:

(a) the Equipment Delivery Fee, if applicable;

(b) the Theft Damage Waiver Fee, if applicable;

(d) any Enforcement Costs, if applicable;

(e) any Payment Processing Fees, if applicable; and

(f) any Repair Costs, if applicable.

3.3. Late Payment

If the Customer fails to pay the Fees within 30 days of the due date, RentedSA may charge interest on the outstanding amount payable at the Interest Rate, calculated daily. Interest is payable on demand and may be capitalised at such times as RentedSA may determine in its sole discretion.

4. Use of Equipment

4.1. Equipment Operation

(a) the Customer must, with respect to the Equipment:

(i) operate the Equipment in accordance with the Operation and Maintenance Manual, RentedSA’s reasonable directions and all applicable laws, regulations, rules and regulatory guidelines.

(ii) satisfy itself that the Equipment is fit for the Customer’s purposes as at the Commencement Date;

(iii) ensure that the Site where the Equipment is operated complies with any applicable health, safety and environment laws;

(iv) return or procure the return of the Equipment to RentedSA on the Completion Date in accordance with the Rental Return Conditions;

(v) only permit the Equipment to be operated (where necessary for the specific Equipment) by suitable trained, licensed, experienced and (where necessary) certified operators;

(vi) keep it clean, including the removal of excess material in Equipment undercarriage, to allow for safe and efficient operation;

(vii) If the Customer transports the Equipment (including on a trailer), comply with all applicable laws, regulations, rules and guidelines relating to transport or towing;

(viii) if required by law, obtain and hold all required licences to operate the Equipment, including any licences or accreditation required under health, safety and environment laws; and

(ix) only permit the Equipment to be used for the purpose for which it was designed, in suitable terrain and in a manner which has regard to the capacity, capabilities and limitations of the Equipment.

(b) The Customer must not, with respect to the Equipment:

(i) deface, remove, vary or otherwise erase any identifying marks, plates, numbers, notices or safety information on the Equipment;

(ii) alter, modify, tamper with or damage the Equipment without RentedSA’s prior written consent;

(iii) part with possession or control of the Equipment without RentedSA’s prior written consent;

(iv) give or encumber, or permit any person to take an interest in, or any form of security over, the Equipment and must do all things reasonably necessary to protect and make known RentedSA’s interest in the Equipment;

(v) exceed the recommended or permitted load limits, speed or capacity of any Equipment;

(vi) permit any person to operate the Equipment while under the influence of drugs or alcohol; and

(vii) remove or permit to be removed the Equipment from the Site, without RentedSA's prior written consent.

4.2. Title and Risk

(a) Title to the Equipment remains with RentedSA at all times. The Equipment is at all times RentedSA’s property and the Customer only has a right to use it. Unless expressly set out in this Agreement, the Customer has no option or right to purchase the Equipment.

(b) Risk in the Equipment passes to the Customer upon delivery or pick up and remains with the Customer until the Equipment has been collected by RentedSA or returned to RentedSA’s premises by the Customer.

4.3. Repairs and maintenance

(a) The Customer must maintain the Equipment in accordance with the Customer Maintenance Obligations.

(b) Subject to clause 4.3(c), the Customer must not repair, or attempt to repair, the Equipment and all repairs must be completed by RentedSA, except as otherwise permitted by RentedSA’s prior written approval.

(i) ensure that the Equipment is maintained in accordance with the Equipment Maintenance Schedule, or as directed by RentedSA, by making the Equipment available to RentedSA at the relevant times for RentedSA to carry out the RentedSA Maintenance Obligations;

(d) The Customer is responsible for any costs, expenses, fees and charges incurred:

(i) in connection with the day-to-day use and operation of the Equipment including all Consumables, fittings and accessories required to maintain and operate the Equipment; and

(ii) keeping the Equipment securely stored and parked with any supplied vandal protection fitted and, where possible, within a lockable compound when not in use.

(e) The Customer must promptly notify RentedSA in writing of any accidents or damage suffered to the Equipment and any repairs which are required in order to maintain the safe and good working operation of the Equipment.

(f) In the event of loss or damage to the Equipment:

(i) the Customer must immediately:

(A) if the Equipment breaks down or becomes unsafe to operate, cease use of the Equipment;

(B) take reasonable steps to ensure no further damage to the Equipment and prevent the Equipment from causing any injury, loss or damage to persons or property; and

(C) notify RentedSA in writing, and provide full details, of any accidents, loss, theft, breakdown or damage to the Equipment (including any additional information or evidence reasonably requested by RentedSA);

(ii) upon receipt of notice and subject to clause 6, RentedSA will use reasonable endeavours to promptly repair or replace (at RentedSA's discretion) the Equipment, at the Customer's expense; and

(iii) any Equipment provided as a replacement will be treated as the Equipment for the purposes of this Agreement for the remainder of the Term.

5. Termination and Return

5.1. Inspection and Return

At the end of the Term:

(a) The Equipment is to be returned to RentedSA, whether collected by RentedSA from the Site or returned to an address provided by RentedSA by the Customer;

(b) the parties must conduct an inspection of the Equipment and, based on that inspection, RentedSA will prepare the Final Inspection Report which must be signed by both parties and any expenses incurred by RentedSA to repair or rectify any defects in the condition of the Equipment must be paid by the Customer on demand by RentedSA;

(d) the Customer must:

(i) make the Equipment available to RentedSA at the Site and provide all reasonable assistance for its removal or otherwise return the Equipment to RentedSA; and

(ii) return to RentedSA the Operation and Maintenance Manual and any instruction and/or maintenance manuals provided with the Equipment. If the Operation and Maintenance Manual is not returned to RentedSA, the Customer must pay RentedSA the replacement cost at RentedSA’s then current price list rate.

(e) RentedSA must return any deposit paid to the Customer, provided RentedSA is satisfied that the Customer has complied with the above clauses 5.1(a) – (c).

5.2. Failure to return

(a) If the Customer fails to return the Equipment to RentedSA by the agreed Completion Date (end of the Term) in accordance with this Agreement, then the Customer must:

(i) pay any additional Rental Charges accruing with respect to the additional period; and

(ii) continue to observe and perform its other obligations under this Agreement;

(b) The Customer hereby authorises RentedSA, its employees, agents or any other authorised persons to enter the Site to access and collect the Equipment.

5.3. Termination

(a) RentedSA may terminate this Agreement with immediate effect on written notice to the Customer, if:

(i) the Customer fails to comply with a fundamental provision of this Agreement; and

(ii) the Customer is in breach of any other provision of this Agreement and that breach is not remedied within 30 days of receipt of notice from RentedSA;

(c) On termination of this Agreement, RentedSA may enter the Site or any other premises on which the Equipment is located and take possession of the Equipment.

(d) Termination of this Agreement by RentedSA is without prejudice to any other right or remedy which RentedSA might have.

(e) The fundamental provisions of this Agreement are clauses 3, 4, 5.1 and 8.1.

6. Indemnity

(a) The Customer irrevocably indemnifies and holds harmless RentedSA and its Personnel against any Claims or Liability suffered or incurred as a result of or in connection with:

(i) any breach of this Agreement by the Customer or its Personnel;

(ii) any breach of law or non-compliance with any registration, licence permit, authorisation, regulation or by law relating to the use of the Equipment;

(iii) any gross negligence, fraud or wilful misconduct by the Customer or its Personnel with respect to the Equipment;

(iv) RentedSA exercising any of its rights under this Agreement; or

(v) the use, operation, control, condition, maintenance, repair or storage of the Equipment.

(b) The Customer is not liable under this clause to the extent that the relevant matter was caused or contributed to by the gross negligence, fraud or wilful misconduct of RentedSA.

7. Liability

(a) To the extent permitted by law and except as stated in this Agreement, RentedSA makes no representations and gives no warranties with respect to the Equipment or any ancillary services provided under this Agreement and all legal, statutory or equitable liability, conditions or warranties of any type in relation to the Equipment are excluded.

(b) Notwithstanding clause 7(a), nothing in this Agreement will limit or exclude any rights accruing to the Customer under the Competition and Consumer Act 2010 (Cth) including the Australian Consumer Law, nor statutes, rules or regulations from time to time in force in Australia which imply or guarantee certain conditions or warranties or impose obligations on RentedSA which conditions, warranties and obligations cannot, or cannot except to a limited extent be excluded, restricted or modified. If any such statutory provisions apply, then to the extent RentedSA is entitled to do so, its liability under those statutory provisions will be limited at its option to:

(i) in the case of goods:

(A) the replacement of the goods or the supply of equivalent goods;

(B) the payment of the cost of replacing the goods or of acquiring equivalent goods;

(D) the repair of the goods; and

(ii) in the case of services:

(A) the supply of the services again; or

(B) the payment of the cost of having the services supplied again.

(c) Except as expressly stated otherwise in this Agreement, RentedSA will not be liable to the Customer for any Claim or Liability (including Consequential Loss) suffered or incurred by the Customer in relation to the hiring of the Equipment under this Agreement.

(d) Notwithstanding anything else in this Agreement and to the full extent permitted by law, RentedSA's total cumulative liability to the Customer for any Claims or Liability suffered or incurred under or in connection with this Agreement is limited to the amount paid by the Customer to RentedSA for the Equipment.

8. Insurance

RentedSA confirms they hold adequate public liability insurance for the hire.

9. GST

Unless otherwise specified, all amounts payable under this Agreement are exclusive of GST and must be calculated without regard to GST. If a supply made under this Agreement is a taxable supply, the recipient of that taxable supply (Recipient) must, in addition to any other consideration, pay to the party making the taxable supply (Supplier) the amount of GST with respect to the supply.

10. Privacy

(a) The Customer acknowledges and agrees that RentedSA may collect, use and disclose Personal Information:

(i) from the Customer and its Personnel, including but not limited to name and address, driver’s licence details, credit card details, date of birth and business history;

(iii) about the Customer's credit worthiness, or for the purpose of obtaining and maintaining credit information file about the Customer or collecting overdue payments;

and warrants that, to the extent the Customer provides Personal Information about a third party, that it has the requisite consent or authority to provide that information.

(b) RentedSA will manage any Personal Information it collects from the Customer in accordance with the Privacy Act 1988 (Cth) and RentedSA’s Privacy Policy.

11. Force Majeure

If RentedSA’s ability to perform its obligations under this Agreement is adversely affected by any cause beyond RentedSA’s reasonable control (Force Majeure Event), then RentedSA may, in its absolute discretion, terminate or suspend this Agreement for up to 3 months by written notice to the Customer.

12. Severance

If any provision of this agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provision will not be affected and such invalid, illegal or unenforceable provision is to be severed from this agreement.

13. Governing Law

This Agreement is governed by the laws of the State of South Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State and all courts which may hear appeals there from

Terms & Conditions

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