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Downloadable Forms
Credit Application
Apply for a 30 day credit account by filling out this form. It can be completed online or printed and faxed or mailed to us physically using the contact information on the top of the form.
OCCUPATION CLASSES FOR EARTHMOVING MACHINERY
Under the Work Health and Safety Act 2011 (Qld) (WHS Act) operators of earthmoving or particular crane (EPC) occupational classes are no longer required to be licensed to operate the following types of equipment:
- front-end loader backhoe
- bridge and gantry (remote control) crane
- excavator
- front-end loader
- scraper
- road roller
- grader
- skid steer loader
- dozer
The WHS Act imposes duties on persons with management or control of a workplace ('Managers'), to ensure the health and safety of their workers. This applies to directors and license nominees of companies undertaking their own construction work.
While operators are no longer required to be licensed, Managers must ensure that all persons operating equipment are trained and competent.
Managers must ensure that operators:
- receive adequate information, training and instructions and supervision
- are competent
- use the appropriate plant to minimise any risks to health and safety
While the training can be informal on the job training, Workplace Health and Safety Queensland encourages formal training and assessment through registered training organisations. Training must be undertaken prior to the plant being used and should be practical and suit the needs of workers.
DEMONSTRATING THE OPERATOR'S COMPETENCY
In determining whether an operator is competent to use the plant, Managers may refer to:
- any previous certificates of competency issued under the repealed Workplace Health and Safety Regulation 2008
- a statement of attainment in a previous Queensland Unit of competency or other nationally recognised qualification for the type of plant that they are operating
- on the job training by an experienced and competent person which can be verified by logbooks or employer references
It is good practice for Managers to keep adequate evidence and records of competency in the event of incident.
UNLICENSED MINORS OR ADULTS OPERATING EARTHMOVING EQUIPMENT
It is increasingly common for younger workers, who do not hold valid driving licences and have limited driving experience, to move vehicles and earthmoving machinery on site. While it is not necessary for minors to hold a valid driving licence, the same rules apply - all operators (including minors) must be trained and competent to operate the machinery.
Young workers often lack experience which may result in a reduced ability to identify hazards associated with the operation of earthmoving machinery or to understand the importance of following safe operating instructions.
Managers should ensure that unlicensed individuals receive in-depth practical and 'hands on' training to compensate for their lack of experience and knowledge.
If the machinery is required to be driven on the road, only an operator who holds a valid Queensland drivers licence of the relevant class and is trained and competent in the class of machinery must do so. The machine must also be road registered or hold a permit (or exemption) so as to allow the machine to be on the road.
CAUTION WHEN SLINGING A LOAD
A competent person is able to sling a load without the relevant licence in circumstances where there is no judgment required for slinging techniques or suitability and the condition of lifting gear as the following factors are predetermined:
- the weight of the load to be lifted has been predetermined by a competent person
- selection of the sling and slinging techniques for the load is predetermined by a competent person
- the condition of lifting gear is predetermined by a competent person
- the lifting points are predetermined by a competent person and marked on the load
- the load is lifted within the view of the operator at the times
- standard lifting procedures have been documented and signed-off by a competent person
In circumstances where the above factors are not met only a person with a high risk work dogging licence must be operate the EPC machinery.
BREACH OF DUTIES
In order to minimise any risk to health and safety, Managers should ensure that all operators have the necessary skills and competence.
Managers and workers who fail to comply with their health and safety duties under the WHS Act may be convicted of an offence. The WHS Act provides for 3 categories of offences depending on the degree of seriousness or culpability involved. The highest penalty under the WHS Act is $600,000 or 5 years jail for individuals conducting a business and up to $300,000 or 5 years jail for an individual such as a worker.
TEMPORARY POWER POLE INSTALLATION GUIDE
- We require clear access to the site to dig a 1300mm hole for the TBS.
- Energex will not energize the TBS unless 3 firm stays are present at 120° intervals. The radius of the stays is approximately 2 metres. The pole and 3 stays must be located within the property boundary and the service wire from the Energex street pole to the TBS must not cross a neighbor's property.
- Wet weather can restrict access to sites and can delay our installation and removal of poles.
- Mark the preferred position of the pole (normally tight right or the left hand side) on the site with a stake or marker paint to assist us to avoid underground services such as water, gas and phone. Other points to consider are the future point of attachment to the house, the nearest Energex pole and to avoid any adjoining property boundary crossing.
- There is a 3 metre 'exclusion zone' around the TBS. If any worker, scaffold, roof line or any part of the construction needs to be within the 'exclusion zone', A Safety Advice must be obtained by phoning Energex on 131 253. The inspection and written advice takes 5 to 10 business days.
- Supervisors will need to ensure the electrician has submitted a EWR to Energex for final connection and there is an account opened by the builder or the home owner with an Electricity Retailer, e.g. Origin or AGL.
- When Energex have received both pieces of information they will carry out the final connection to the premises within 5 days.
- Supervisors will need to advise JC Hire when the wires are off the TBS and we will off hire and collect the pole.
Please be mindful of the access required at the end of the job (eg fences, landscaping, building materials etc.) so that we can remove the pole.
TERMS & CONDITIONS
1. Definitions
1.1 “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.
1.2 “JC Hire” means Largenlawn Pty Ltd (ABN: 67 010 861 702) T/A JC Hire and/or PB & NM Young Pty Ltd (ACN: 076 043 939) ATF Peter B Young Family Trust (ABN: 20 469 916 825) T/A JC Hire, its successors and assigns or any person acting on behalf of and with the authority of Largenlawn Pty Ltd (ABN: 67 010 861 702) T/A JC Hire and/or PB & NM Young Pty Ltd (ACN: 076 043 939) ATF Peter B Young Family Trust (ABN: 20 469 916 825) T/A JC Hire.
1.3 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting JC Hire to provide the services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a partnership, it shall bind each partner jointly and severally; and
(c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) includes the Client’s executors, administrators, successors and permitted assigns.
1.4 “Equipment” means all Equipment (including any accessories) supplied on hire by JC Hire to the Client (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 JC Hire to the Client.
1.5 “Hire Period” means the period between the Commencement Date and the Termination Date.
1.6 “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by JC Hire to the Client.
1.7 “Hire Schedule” means a document which JC Hire may require the Client to sign (or accept in a way JC Hire requires) including particulars of Client, Equipment and Hire Period and such other information as JC Hire may decide to require.
1.8 “Termination Date” means the date and time when the Client must return the Equipment to the possession of JC Hire.
1.9 “Site” means the location/s at which the Equipment is to be operated.
1.10 '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.
1.11 “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 Client does not wish to allow Cookies to operate in the background when using JC Hire’s website, then the Client 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.
1.12 “Charges” means the cost of the hire of the Equipment (plus any GST where applicable) as agreed between JC Hire and the Client subject to clause 5 of this Contract.
1.13 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
2. Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client 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 Client acknowledges that the hire of Equipment on credit shall not take effect until the Client has completed a credit application with JC Hire and it has been approved with a credit limit established for the account.
2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Errors and Omissions
(a) resulting from an inadvertent mistake made by JC Hire 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 JC Hire 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 JC Hire; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
4. Change in Control
4.1 The Client shall give JC Hire not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by JC Hire as a result of the Client’s failure to comply with this clause.
5.1 At JC Hire’s sole discretion the Charges shall be either;
(a) as indicated on invoices provided by JC Hire to the Client in respect of Equipment supplied on hire; or
(b) JC Hire’s quoted Charges (subject to clause 5.2) which shall be binding upon JC Hire provided that the Client shall accept in writing JC Hire’s quotation within twenty-eight (28) days.
5.2 JC Hire reserves the right to change the Charges in the event of a variation to JC Hire’s quotation (including, but not limited to, additional charges for rigging, assembling, installing, erecting, or dismantling Equipment). Variations will be charged for on the basis of JC Hire’s quotation, and will be detailed in writing, and shown as variations on JC Hire’s invoice. The Client shall be required to respond to any variation submitted by JC Hire within ten (10) working days. Failure to do so will entitle JC Hire 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.
5.3 At JC Hire’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 Client by within thirty (30) days of the return of the Equipment, provided that the Client has complied with their obligations hereunder. The deposit may be used to offset any applicable Charges payable by the Client under clause 15.3, and any outstanding balance thereof shall be due as per clause 5.4.
(a) on or before delivery of the Equipment; or
(b) thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
(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 seven (7) days following the date of any invoice given to the Client by JC Hire.
5.5 Payment may be made by cash, electronic/on-line banking, credit card (a surcharge per transaction may apply) or by any other method as agreed to between the Client and JC Hire.
5.6 JC Hire may in its discretion allocate any payment received from the Client towards any invoice that JC Hire determines and may do so at the time of receipt or at any time afterwards. On any default by the Client JC Hire may re-allocate any payments previously received and allocated. In the absence of any payment allocation by JC Hire, payment will be deemed to be allocated in such manner as preserves the maximum value of JC Hire’s Purchase Money Security Interest (as defined in the PPSA) in the Equipment.
5.7 The Client shall not be entitled to set off against, or deduct from the Charges, any sums owed or claimed to be owed to the Client by JC Hire 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 Client must notify JC Hire in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as JC Hire investigates the dispute claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in JC Hire placing the Client’s account into default and subject to default interest in accordance with clause 19.1.
5.8 Unless otherwise stated the Charges does not include GST. In addition to the Charges the Client must pay to JC Hire an amount equal to any GST JC Hire must pay for any supply by JC Hire under this or any other agreement for the hire of the Equipment. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Charges. In addition, the Client 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.
5.9 Receipt by JC Hire 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. Additional Hire Charges
6.1 Additional hire Charges as set out in the Hire Schedule will apply if the Equipment is used for more than eight (8) hours per day.
6.2 In accordance with clause 7, the Client will be charged for the hire of Equipment for the full Hire Period. The Client shall continue to pay the Charges and other charges after the off-hire date if the Client has not returned the Equipment to JC Hire by the end of the Hire Period. This obligation survives termination of the hire agreement.
6.3 Hire Charges will commence from the Hire Period and continue until the date the Client notifies JC Hire that the Equipment will be available for collection (the “Off Hire Date”). At this time, JC Hire will give the Client a number as verification that the Client’s request has been received (“Off-Hire Number”). The Equipment must be available for collection by no later than the time of day at which the Client’s hire commenced (e.g., if the Client’s hire commenced at ten (10) am, then the Equipment must be ready for collection by no later than ten (10) am on the off-hire date), otherwise JC Hire reserves the right to charge additional hire Charges. The off-hire date is not considered to be the Client’s notice to JC Hire that the Equipment is available for collection.
6.4 Off-hire receipts will only be issued when the Equipment has been either collected by JC Hire or returned to JC Hire’s premises, (including where the Client has contacted JC Hire for return freight of the Equipment).
7.2 Hire Charges shall be calculated on the following basis:
(b) in accordance with clause 5.1, 7.1 and 7.2(a) the minimum hire Charge may be set out in JC Hire’s hire shop book from time to time for each item.
7.3 The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.
7.4 Hire rates do not include the cost of fuel, detergents, abrasives, cutting and grinding wheels, cartridges, nails etc. These items shall be purchased at the time of hire.
7.5 No allowance whatsoever can be made for time during which the Equipment is not in use for any reason unless JC Hire confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Client notifies JC Hire 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 Client.
8. Delivery
8.1 Delivery (“Delivery”) of the Equipment is taken to occur at the time that:
(a) the Client or the Client’s nominated carrier takes possession of the Equipment at JC Hire’s premises; or
(b) JC Hire (or JC Hire’s nominated carrier) delivers the Equipment to the Client’s nominated address even if the Client is not present at the address.
8.2 At JC Hire’s sole discretion, the cost of Delivery is in addition to the Charges.
8.3 Any time specified by JC Hire for Delivery of the Equipment is an estimate only and JC Hire will not be liable for any loss or damage incurred by the Client 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 JC Hire is unable to supply the Equipment as agreed solely due to any action or inaction of the Client, then JC Hire 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.
9. Risk
9.1 JC Hire retains ownership of the Equipment nonetheless all risk for the Equipment passes to the Client on Delivery.
9.2 The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies JC Hire 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 Client.
9.3 The Client will insure, or self-insure, JC Hire’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 Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
9.4 The Client accepts full responsibility for and shall keep JC Hire 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 Client or any other persons.
10. Access and Inspection
10.1 JC Hire and JC Hire’s representatives have the right to enter the location at any time upon giving prior reasonable notice to the Client to inspect, maintain, repair and/or repossess the Equipment.
11. Title
11.1 The Equipment is and will at all times remain the absolute property of JC Hire, and the Client must return the Equipment to JC Hire upon request to do so.
11.2 If the Client fails to return the Equipment to JC Hire as is required under this Contract or when requested to do so, then JC Hire or JC Hire’s agent may (as the invitee of the Client) enter upon and into any land and premises owned, occupied or used by the Client, 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 JC Hire as a result of JC Hire so repossessing the Equipment shall be charged to the Client.
11.3 The Client is not authorised to pledge JC Hire’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
12. Personal Property Securities Act 2009 (“PPSA”)
12.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
12.2 Upon assenting to these terms and conditions in writing the Client 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 JC Hire to the Client.
12.3 The Client undertakes to:
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 12.3(a)(i) or 12.3(a)(ii);
(b) indemnify, and upon demand reimburse, JC Hire 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 JC Hire;
(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 JC Hire.
12.4 JC Hire and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
12.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
12.7 Unless otherwise agreed to in writing by JC Hire, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
12.8 The Client must unconditionally ratify any actions taken by JC Hire under clauses 12.3 to 12.5.
12.9 Subject to any express provisions to the contrary (including those contained in this clause 12), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.
12.10 Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 12 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 12 will apply generally for the purposes of the PPSA.
13.1 In consideration of JC Hire agreeing to supply Equipment, the Client 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 Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
13.2 The Client indemnifies JC Hire from and against all JC Hire’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising JC Hire’s rights under this clause.
13.3 The Client irrevocably appoints JC Hire and each director of JC Hire as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Client’s behalf.
14. Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”)
14.1 The Client must inspect the Equipment on Delivery and must immediately notify JC Hire in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow JC Hire to inspect the Equipment.
14.2 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).
14.3 JC Hire acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, JC Hire makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Equipment. JC Hire’s liability in respect of these warranties is limited to the fullest extent permitted by law.
14.6 If JC Hire 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 JC Hire may refund any money the Client 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 Client which were not defective.
14.7 If the Client is not a consumer within the meaning of the CCA, JC Hire’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 Client by JC Hire at JC Hire’s sole discretion;
(b) limited to any warranty to which JC Hire is entitled, if JC Hire did not manufacture the Equipment;
(c) otherwise negated absolutely.
14.8 Notwithstanding clauses 14.1 to 14.7 but subject to the CCA, JC Hire 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 Client failing to properly maintain or store any Equipment;
(b) the Client interfering with the Equipment in any way without JC Hire’s written approval to do so;
(c) the Client using the Equipment for any purpose other than that for which it was designed;
(d) the Client 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 Client failing to follow any instructions or guidelines provided by JC Hire;
(f) fair wear and tear, any accident, or act of God.
15. Client’s Responsibilities
15.1 The Client shall:
(a) satisfy itself at commencement that the Equipment is suitable for its purposes;
(b) notify JC Hire immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved from the requirements to safeguard the Equipment by giving such notification;
(c) maintain the Equipment as is required by JC Hire (including, but not limited to, maintaining (where applicable) water, oil and fluid levels, hydraulic hoses 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 JC Hire 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 JC Hire 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 JC Hire 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 JC Hire;
(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 Client 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 JC Hire in respect of all claims arising out of the Client’s use of the Equipment.
15.2 The Client 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 Equipment over water without the prior written permission of JC Hire.
(d) use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
(e) use unsuitable electric leads; or
(f) fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold.
15.3 Immediately on request by JC Hire the Client will pay:
(a) the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to JC Hire;
(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 Client or the Client’s agent;
(iii) vandalism, or (in JC Hire’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client.
(d) the cost of fuels and consumables provided by JC Hire and used by the Client;
(e) any:
(i) lost hire fees JC Hire would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;
(ii) costs incurred by JC Hire in picking up and returning the Equipment to JC Hire’s premises if the Client does not return the Equipment to JC Hire’s premises or any pre-agreed pickup location when it was originally agreed that the Client would do so;
(iii) insurance excess payable in relation to a claim made by either the Client or JC Hire in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Client and irrespective of whether charged by the Client’s insurers or JC Hire’s.
16. Long Distance Maintenance and Breakdowns
16.1 This clause 16 applies should the Client hire Equipment for use at a long-distance location.
16.2 Scheduled services for all Equipment located at a long-distance location will be subject to a per kilometre charge both to and from the premises nominated by the Client. There will be no charge for the first fifty (50) km either way.
16.3 Scheduled services for multiple items of Equipment which are located at the long-distance location will only be charged as one call out.
16.4 The Client remains responsible for maintenance and care of all Equipment in accordance with clause 15, including, but not limited to, checking of all fluids (fuel, oil, water, battery levels, waste tanks etc.), checking of all hoses (hydraulic, fuel and water), general tightening of any loose nuts, bolts, belts or fittings and lubrication of all grease points.
16.5 If the Equipment breaks down at a long-distance location, the Client will pay JC Hire the costs associated with any attendance to the long-distance location in addition to any other costs payable under this Contract and shall be shown as a variation as per clause 5.2.
17. Damage Waiver
17.1 The hire Charge may include a charge for the damage waiver. The damage waiver is charged at ten percent (10%) of the value of the total hire costs. Damage waiver is not insurance but is an agreement by JC Hire to limit the Client’s liability in certain circumstances for loss, theft, or damage to the Equipment to an amount called the damage waiver excess fee. The damage waiver excess fee is explained in clause 17.5 notwithstanding the limitations set out in clause 15.
17.2 For the purpose of this clause the term “Equipment” does not include any tools, accessories, parts, grease guns, hoses, electrical cords, lights, light globes, and other similar accessories, ground engaging tools, tracks, tyres, windscreens, mirrors, glass, and perspex.
17.3 The Client is not required to pay the damage waiver fee from the date the Client produces a certificate of currency for an appropriate policy of insurance that covers loss, theft, or damage to the Equipment during the hire period for an amount not less than the replacement value of the Equipment. For the avoidance of any doubt, the Client is liable to pay the damage waiver fee for that portion of the hire period where a certificate of currency required pursuant to the clause remains outstanding (“Uninsured Period”) and the Client is not entitled to any credit and/or reimbursement of the damage waiver fee charged and/or paid that relates to the Uninsured Period. The Client is responsible for any excess and any other costs associated with the Client’s insurance and the Client is responsible for any shortfall in repair or replacement costs of the Equipment following payment of any amount received under the Client’s insurance, including any loss JC Hire suffers as a result of not being able to hire the Equipment.
17.4 Where the Client has paid the damage waiver fee, JC Hire will waive it’s right to claim against the Client for loss, theft, or damage to the Equipment if:
(a) for theft, the Client has promptly reported the incident to the police and provided JC Hire with a written police report;
(b) the Client has co-operated with JC Hire and provided them with the details of the incident, including any written or photographic evidence JC Hire requires; and
(c) the loss, theft or damage does not fall into one or more of the circumstances set out in clause 15.
17.5 The damage waiver excess for each item of Equipment is the amount calculated as follows:
(a) replacement – where the Equipment is lost, stolen, or damaged beyond repair:
(i) subject to clause 17.5(a)(ii), the damage waiver excess fee for each item of Equipment that is lost, stolen, or damaged beyond repair, will be the amount equal to the greater of:
A. five hundred ($ 500,00) Australian Dollars + GST or:
B. ten percent (10%) of the new replacement cost.
(ii) where the new replacement cost is less than five hundred ($ 500.00) Australian Dollars, the damage waiver excess fee will be an amount equal to the new replacement cost.
(b) repair – where the Equipment is partially damaged and can be repaired:
(i) subject to clause 17.5(b)(ii), the damage waiver excess fee for each item of Equipment that is partially damaged and can be repaired will be the amount equal to the greater of:
A. five hundred ($ 500.00) Australian Dollars + GST or:
B. ten percent (10%) of the new replacement cost.
(ii) where the repair cost of the Equipment is less than five hundred ($500.00) Australian Dollars, the damage waiver excess will be an amount equal to the lesser of the repair cost and the new replacement cost.
17.6 Even if the Client has paid the damage waiver fee, JC Hire will not waive its rights to claim against the Client for loss, theft or damage to the Equipment and the damage waiver will not apply if the loss, theft, or damage has arisen from anything referred to in clause 15 or if the loss, theft or damage:
(a) has arisen as a result of the Client’s breach of a clause of this Contract;
(b) has been caused by the Client’s negligent act or omission;
(c) has arisen as a result of the Client’s use of the Equipment in violation of any laws;
(d) has been caused by the Client’s failure to use the Equipment for its intended purpose or in accordance with JC Hire’s instructions or the manufacturer’s instructions;
(e) occurs to the Equipment whilst it is located, used, loaded, unloaded, transported on or over water, dams, pools, wharves, bridges or vessels of any kind;
(f) has been caused by a lack of lubrication or a failure to properly service or maintain the Equipment ;
(g) has been caused by collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object due to insufficient clearance;
(h) has been caused by the overloading of the Equipment or any components thereof;
(i) is to motors or other electrical Equipment or components within the Equipment caused by electrical overload, a surge in electrical current or the use of under-rated or excessive lengths of extension leads with the electrical Equipment;
(j) is caused by exposure to any corrosive or caustic substance, such as cyanide, salt water, acid, etc;
(k) is caused by vandalism;
(l) is to tyres or tubes; or
(m) is to windscreens, mirrors, glass, or perspex.
18. Cancellation
18.1 Without prejudice to any other remedies JC Hire may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms of hire JC Hire may repossess the Equipment as per clause 11.2, or suspend or terminate the supply of Equipment to the Client and any of its other obligations under the terms and conditions. JC Hire will not be liable to the Client for any loss or damage the Client suffers because JC Hire has exercised its rights under this clause.
18.2 JC Hire 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 Client. On giving such notice JC Hire shall repay to the Client any sums paid in respect of the Charges. JC Hire shall not be liable for any loss or damage whatsoever arising from such cancellation.
18.3 In the event that the Client cancels Delivery of the Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by JC Hire as a direct result of the cancellation (including, but not limited to, any loss of profits).
19. Default and Consequences of Default
19.1 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 JC Hire’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
19.2 If the Client owes JC Hire any money the Client shall indemnify JC Hire from and against all costs and disbursements:
(a) incurred; and/or
(b) which would be incurred and/or
(c) for which by the Client would be liable;
in regard to legal costs on a solicitor and own client basis, internal administration fees, JC Hire’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.
19.3 Further to any other rights or remedies JC Hire may have under this Contract, if the Client has made payment to JC Hire, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by JC Hire under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
19.4 Without prejudice to JC Hire’s other remedies at law JC Hire shall be entitled to cancel all or any part of any order of the Client which remains unperformed and all amounts owing to JC Hire shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to JC Hire becomes overdue, or in JC Hire’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client has exceeded any applicable credit limit provided by JC Hire;
(c) the Client 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 Client or any asset of the Client.
20. Compliance with Laws
20.1 The Client and JC Hire 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
20.2 For the purposes of this clause:
(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.
20.3 If the Client is a Reporting Entity, it shall comply with all of its obligations under the Act.
20.4 Whether the Client is a Reporting Entity or not, the Client shall:
(c) use reasonable endeavours to identify, assess and address risks of modern slavery practices in its operations and supply chains;
(d) 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;
(e) use its reasonable endeavours to ensure that if at any time the Client becomes aware of Modern Slavery practices in its operations and supply chains, the Client must as soon as reasonably practicable take all reasonable steps to address or remove these practices;
(f) provide to JC Hire a copy of any Modern Slavery Statement that it submits under the Act within seven (7) days of so doing; and
(g) within seven (7) days of JC Hire’s request (or such longer period as JC Hire agrees), provide to JC Hire any information or assistance reasonable requested by JC Hire;
(i) concerning the Client’s compliance with the Act;
(ii) concerning the Client’s operations and supply chains;
(iii) to enable JC Hire to prepare a Modern Slavery Statement or otherwise comply with the Act; or
(iv) to enable JC Hire to assess and address risks of Modern Slavery practices in its operations and supply chains.
20.5 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 JC Hire will be able to terminate the Contract for any breach by the Client.
20.6 The Client warrants that any information supplied to JC Hire is true and accurate and may be relied upon for the purposes of the Act.
20.7 The Client shall indemnify JC Hire against any loss or liability suffered by JC Hire as a result of the Client’s breach of this clause 20.
21. Privacy Policy
21.1 All emails, documents, images, or other recorded information held or used by JC Hire is Personal Information, as defined and referred to in clause 21.3, and therefore considered Confidential Information. JC Hire 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”). JC Hire acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by JC Hire that may result in serious harm to the Client, JC Hire will notify the Client 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 Client by written consent, unless subject to an operation of law.
21.2 Notwithstanding clause 21.1, privacy limitations will extend to JC Hire in respect of Cookies where the Client utilises JC Hire’s website to make enquiries. JC Hire 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 Client’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to JC Hire when JC Hire sends an email to the Client, so JC Hire may collect and review that information (“collectively Personal Information”)
If the Client consents to JC Hire’s use of Cookies on JC Hire’s website and later wishes to withdraw that consent, the Client may manage and control JC Hire’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.
21.3 The Client agrees for JC Hire 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 Client in relation to credit provided by JC Hire.
21.4 The Client agrees that JC Hire may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
21.5 The Client consents to JC Hire being given a consumer credit report to collect overdue payment on commercial credit.
21.6 The Client agrees that personal credit information provided may be used and retained by JC Hire 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 Client’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 Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Equipment.
21.7 JC Hire may give information about the Client 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 Client including credit history.
21.8 The information given to the CRB may include:
(a) Personal Information as outlined in 21.3 above;
(b) name of the credit provider and that JC Hire is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’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 JC Hire is a member of an approved QAIC 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 Client no longer has any overdue accounts and JC Hire has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
(g) information that, in the opinion of JC Hire, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
21.9 The Client shall have the right to request (by e-mail) from JC Hire:
(a) a copy of the Personal Information about the Client retained by JC Hire and the right to request that JC Hire correct any incorrect Personal Information; and
(b) that JC Hire does not disclose any Personal Information about the Client for the purpose of direct marketing.
21.10 JC Hire will destroy Personal Information upon the Client’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.
21.11 The Client can make a privacy complaint by contacting JC Hire via e-mail. JC Hire 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 Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.
22. Service of Notices
22.1 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.
22.2 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.
23. Trusts
23.1 If the Client 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 JC Hire may have notice of the Trust, the Client covenants with JC Hire as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client 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 Client against the Trust or the trust fund. The Client 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 Client will not without consent in writing of JC Hire (JC Hire will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client 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.
24. General
24.1 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.
24.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland, the state in which JC Hire has its principal place of business and are subject to the jurisdiction of the courts in Marchooydre, Queensland.
24.3 Subject to clause 14, JC Hire shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by JC Hire of these terms and conditions (alternatively JC Hire’s liability shall be limited to damages which under no circumstances shall exceed the Charges).
24.4 JC Hire may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
24.5 The Client cannot assign or licence without the written approval of JC Hire.
24.6 JC Hire 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 Client agrees and understands that they have no authority to give any instruction to any of JC Hire’s sub-contractors without the authority of JC Hire.
24.7 The Client agrees that JC Hire may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for JC Hire to provide Equipment on hire to the Client.
24.8 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.
24.9 This Contract and any subsequent hire agreement between JC Hire and the Client, shall constitute as the entire agreement between JC Hire and the Client, and the Client hereby acknowledges that no reliance is placed on any representation made by JC Hire that is not embodied in this Contract.
24.10 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.
WEBSITE TERMS & CONDITIONS OF USE
The use of this Website is subject to these Terms and Conditions (inclusive of Our standard Terms and Conditions for the supply of Goods and Services, Privacy Policy, Refund Policy any other documents referred to herein) which constitutes the full agreement between You and Us.
Please read these Terms and Conditions carefully before You use the Website.
By using the Website, You indicate that You have, effective upon the date on which You have used the Website, read, accepted and agreed to be bound by these Terms and Conditions.
If You do not agree with these Terms and Conditions, You should cease using the Website immediately.
Definitions
“Agreement” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Agreement.
“We”, “Us”, “Our or “Ourselves”” means PB & NM Young Pty Ltd ATF Peter B Young Family Trust T/A JC Hire, its successors and assigns or any person acting on behalf of and with the authority of PB & NM Young Pty Ltd ATF Peter B Young Family Trust T/A JC Hire.
“You”, “Your” or “Yourself”” means any person/s (end user) being of the legal age of eighteen (18) years.
“Incidental item(s)” means goods and/or services that may be purchased or sold through this Website to be supplied and/or provided by the Seller to You, as specified on Our Website.
“Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.
“Prohibited Content” means any content on any advertising media that:
is, or could reasonably be considered to be, in breach of the Broadcasting Services Act 1992; the Fair Trading Acts of the applicable States and Territories of Australia and the Competition and Consumer Act 2010 (CCA); or any other applicable law or applicable industry code; or
contains, or could reasonably be considered to contain, any misrepresentations; or is, or could reasonably be considered to be, misleading or deceptive, likely to mislead or deceive or otherwise unlawful; or
is, or could reasonably be considered to be, in breach of any person’s Intellectual Property Rights (including, but not limited to, the distribution of digital files or any other material in which We do not own the copyright).
'Personal Information' means any information that identifies or can be used to identify You, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
'Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Seller information and pricing details.
Acceptance
We reserve the right to change any of the Terms and Conditions displayed on this Website (including our Privacy Policy) at any time by notifying You through this Website that We have done so. By continuing to use this Website it shall be deemed that You agree to be bound by the amended terms and conditions as notified and posted on the Website.
If You intend to transact through this Website (i.e purchase goods and/or services) then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You.
Compliance with Laws
You represent and warrant that Your use of this Website will comply with all applicable laws and regulations (including but not limited to, EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”) and the Australian Privacy Policy Act 1988 (including the Privacy Amendment (Notifiable Data Breaches) Act 2017) or any other applicable laws.
Privacy Policy
We are committed to protecting Your Privacy in accordance with Australian Privacy Principles. We also recognise that when You choose to provide Us information about Yourself that You trust Us to act responsibly and in Your best interests therefore We have the following policies in place to protect Your personal information.
Storing Your Information
We will take all reasonable steps to ensure that Your information held by Us is accurate up-to date, complete, applicable, is not misleading and will only be used for the purposes stated in this document and/or Our Privacy Policy. We will maintain security safeguards to protect Your information and will take all reasonable steps to ensure that Your information is not disclosed to any unauthorised person or entity.
Securing Your Information
When making a transaction through this Website Your information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that Your information can not be read by or altered by outside influences.
Information We Collect
When You request Goods or Services We may collect Personal Information supplied by You when You complete an online form in order to facilitate the purchase of Goods and/or Services. Such information will enable Us to process Your transactions efficiently, analyse our Website services and enable Us to provide a higher level of customer service (which may include informative or promotional activities).
We may also collect the following information/tracking data for statistical purposes and to help Us understand how to make Our Website more available and user friendly for You and to measure the success of any advertising activities We may under take:
Your IP address.
The date and time of Your visits to Our Website.
Your clicks and activity on this Website.
The referring Website if any through which You clicked through to this Website.
Technical information on Your browser, device and operating systems.
Information We Release
We will only release information about You as authorised by Yourself, required by law or where required in order for Us to provide Goods or Services to Yourself e.g to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.
We will not release Your information for any purpose which You could reasonably expect us not to release the information.
Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your Personal Information will only be disclosed to those employees within Our organisation who have a need to know in order to ensure You are provided with information about Our products and Services or to request Goods and Services through this Website.
Under the Privacy Act legislation You can ask to see any information We may hold about You and You also have the right to have any inaccuracies in the same corrected by Us. We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of Your request. We may ask you to verify your identity in order to help us respond efficiently to your request.
Other Data Protection Rights
You may have the following data protection rights:
To access, correct, update or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete and up to date.
In addition, individuals who are residents of the European Economic Area “EEA” can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting Us using the contact details provided in the 'Questions and Concerns' section below.
Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Personal Information conducted in reliance on lawful processing grounds other than consent.
The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Questions & Concerns
If You have any questions or comments, or if You have a concern about the way in which We have handled any privacy matter, please use Our contact form via this Website to send Us a message. You may also contact Us by postal mail or email at:
For EEA Residents:
For the purposes of EU data protection legislation, the Privacy Officer is the Data Protection Officer (DPO) of Your Personal Information. Our Data Protection Officer can be contacted at enquiries@jchire.com.au
For Non-EEA Residents:
______________________
Attention: Privacy Officer
enquiries@jchire.com.au
Postal Address: PO Box 5147
Maroochydore QLD 4558
Cookies
We and Our partners may use various technologies to collect and store information when You use this Website, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. These web beacons track certain behavior such as whether the email sent through the Website was delivered and opened and whether links within the email were clicked. They also allow Us to collect information such as the recipient’s:
IP address, browser, email client type and other similar details;
Tracking of Website usage and traffic;
Reports are available to Us when We send an email to You, so We may collect and review that information.
These cookies do not read Your hard drive but may be stored on Your hard drive to enable Our Website to recognise You when You return to the same.
Mailing Lists
If at any time You are on a mailing list of Ours then You may request to be removed from the same and We will comply with Your request if there is no unsubscribe button provided then please contact Us with Your request using the “Contact Us” section of this Website.
Returns, Damaged or Defective Goods
Our policy in relation to Returns, Damaged or Defective Goods shall be as specified in Our standard Terms and Conditions for the supply of Goods and Services. We shall not accept returns for change of mind or if You make a wrong decision unless due to our negligence or incorrect information supplied by Ourselves.
Copyright and Trademarks
The contents of this Website are at all times the copyright or trademark property of either Ourselves, Our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, Our suppliers or linked third parties (each as applicable). Furthermore, You agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply with this clause.
Advertisers and Linked Sites
The display on Our Website of any advertiser or the provision of a link to third party Websites does not constitute Our endorsement of either the advertiser or third-party provider or any of their Website content or business practices. As We do not have any control of the content of any third party Websites, access to such Websites is at Your sole risk and We recommend that You thoroughly review the terms and conditions of use and the Privacy policies of any third party Website immediately once You access such a Website.
We shall accept no liability in regards to any dealings, promotions or activities between Yourself and advertisers or third-party providers.
Specifications and Information
Specifications and information provided on this Website are given in good faith based on Our knowledge, experience, or information provided to Us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by Us, therefore it is recommended if You have any concerns as to the suitability of Goods or Services provided through this Website in respect of the use of the Goods or Services or their suitability for a particular use that You contact Us or seek external professional opinion.
You acknowledge and accept that colours of items displayed on the Website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to Us for use, or the quality, age or settings on Your monitor. If colour is a major factor in Your decision making We recommend You contact Us before purchase.
On-Line Ordering
Display on this Website does not guarantee the availability of any particular Good(s) therefore all orders placed through this Website shall be subject to confirmation of acceptance by Us. Orders for Services shall be subject to confirmation of suitable timeframes between You and Ourselves for provision of the Services.
Continuous Service
Due to the inherent nature of Websites We cannot guarantee uninterrupted or continuous availability of this Website and You accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able We shall give You advanced warning of the same. We shall accept no liability in relation to Website downtime whether scheduled or otherwise.
Termination of Use
These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).
Jurisdiction
This Website (excluding any linked third-party sites) is controlled by Us from Our principal business premises in Australia. Our servers are located in Queensland, so Your information may be transferred to, stored, or processed in Australia. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from Australia, by accessing this Website, You agree that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or Your use of this Website, irrespective of any conflict with any laws and statutes applicable to Your country of domicile.
In addition, We or Our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for Us to specify in advance which country will have jurisdiction over this type of offshore activity. All of Our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas.
You further acknowledge and agree that the filing of a claim against Us (if any) must be made in the State of QLD in which our principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.
We make no representation that Goods or Services offered through this Website are appropriate, available or suitable for use in countries outside of Australia, and accessing any material or content from, or through, this Website which is illegal in Your country of domicile is strictly prohibited.
General
The failure by either contracting 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.
We shall be under no liability whatsoever to You for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us of these terms and conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).
Message Boards: We provide Message Boards for the use of Our Website users. The Message Boards may not be used to promote Websites or any commercial or business activity. We are not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board You agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
Feedback: Feedback is provided for the purpose of facilitating trading by You on Our Website. Feedback provided on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. We may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate.
You may only give feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
You must not post feedback about Yourself or include any contact details or Personal Information in Your feedback.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
Contact us today to discuss your dry equipment hire needs.
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QUICK LINKS
EQUIPMENT HIRE
Nambour
Ph: (07) 5441 1211
600 Bli Bli Road, Nambour QLD, 4560
Maroochydore
Ph: (07) 5443 5900
100 Sugar Road, Maroochydore QLD, 4558
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