Terms and Conditions

For the purposes of this Agreement “M & K” is M & K PLANT HIRE (SERVICES) PTY LTD ABN: 65 676 448 543, “the Contractor” is the earthmoving Sub- Contractor and equipment owner operator and “the Hirer” is the client receiving the earthmoving and associated services. In this agreement “Work” means all earthmoving and associated services supplied by the Contractor to the Hirer, “Site” relates to the place where the Hirer’s work will be performed and “Equipment” means plant and/or machinery used in the completion of said Work.

M & K acts as an agent for the Contractor who has entered into a contract with the Hirer and whose name is on the front of the job docket. M & K has every confidence in the Contractor engaged by the Hirer, but, as an agent only, M & K will not be responsible for delays, defaults or claims of any description.
The hire rate is based upon the equipment being hired for a minimum period as specified in M & K’s current price list.
The Hirer shall pay M & K a surcharge (rates on application) for Sunday work, night work or statutory or gazette public holidays.
The Hirer shall pay M & K on completion of the hire period for the following:
1. The rate specified in M & K’s current price list for the full hire period that the equipment is at the Hirer’s site plus applicable travel and/or float charges.
2. All charges including and not limited to all freight and other charges incurred by the Contractor in transporting the Equipment or loading and unloading the Equipment at the Site.
3. The amount of tolls, levies, offences (traffic/parking fines) or like charges paid or payable by the Contractor to any Government body in respect to the use of the Equipment.
4. Shall the Hirer be responsible for damage or loss to the Equipment the cost of the repair or replacement will be added to the invoice total.
5. Tipping fees charged, including supply of quarry materials on M & K’s account, shall attract a mark up and be on- charged to the Hirer.
6. Payments by MasterCard, Visa and/or Bank card are accepted, however, they incur a 1.5% surcharge when used to pay invoices.
Prior to the use of the Equipment, it is recommended that the Hirer should:
1. Consult with M & K or the Contractor to determine the condition and suitability of the Equipment hired for the purposes required. Should this process not be followed, the Hirer shall indemnify M & K from any additional cost, expenses or losses incurred.
2. Obtain all necessary permits and/or plans and pay any fees payable to any local or government authority in relation to the hire.
During the hire period the Hirer shall:
1. Clearly mark the exact location and identify all services above and below ground at the Site including but not limited to, drains, pipes, sewers, mains, telephone and data cables, to enable the Contractor’s operator or Equipment to prevent damage to all such services. These plans can be requested from www.dialbeforeyoudig.com.au or call 1100. Should the Hirer not provide the Contractor with the appropriate plans for the Site as specified, the Hirer shall indemnify the Contractor and M & K from any claim for costs, expenses or losses.
2. Be responsible for any loss or damage to the Equipment if such loss is caused by the negligence of the Hirer or any persons under his/her care.
3. Accept full responsibility for, and indemnify the Contractor and M & K against all claims in respect of any injury to persons, or loss or damage to property, arising out of the delivery, servicing, storage, possession or use of the Equipment by the Hirer, or any persons under his/her control during the period of the hire
4. Be liable for any costs should the Equipment, as a result of instructions given by the Hirer, becomes bogged.
5. Keep all persons, including the Hirer, away from the Equipment whilst in operation.
6. Not repair nor attempt to repair nor cause any repair to be made to the Equipment without the prior consent of the M & K
M & K will charge interest at 2.5% per month on overdue amounts not paid within the terms specified. Any further costs including, without limitation, any debt collection and legal costs incurred in enforcing payment.
The Equipment shall remain the property of the Contractor at all times. The Hirer is not entitled to sell, trade, mortgage, charge or encumber in any way the Equipment nor part with possession of the Equipment or assign the benefit of the Hire Agreement.
The Hirer herby authorises M&K to collect, retain, record, use and disclose commercial and/or consumer information about the Hirer, in accordance with the Privacy Act 1988, to persons and/or legal entities be they a Solicitor or any other professional consultant engaged by M&K, debt collector, credit reference organisation and/or any other individual or organisation which maintains credit references and/or default listings.
The Hirer also authorises M&K to make enquiries with respect to the Hirer’s commercial and/or consumer credit worthiness, to exchange information with other credit providers in respect to previous commercial and/or consumer defaults of the Hirer and to notify other credit providers of a commercial and/or consumer default by the Hirer.
The parties acknowledge that under applicable State and Commonwealth law certain conditions and warranties may be implied in these terms and conditions and there are rights and remedies conferred on the Hirer in relation to the provision of the Equipment or services which cannot be excluded, restricted or modified by the Agreement.
M&K disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on by the Hirer by statute, common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all rights and remedies are excluded other than any Non- Excludable Rights.
Notwithstanding any other provision of these terms and conditions, M&K is under no circumstance (whatever the cause) liable in contract, tort, including without limitation, negligence or breach of statutory duty or otherwise to compensate the Hirer for:
1. Any increased costs or expenses
2. Any loss of profit, revenue, business, contracts or anticipated savings
3. Any loss of expense resulting from a claim by a third party
4. Any special, indirect or consequential loss or damage of any nature whatsoever caused by the Contractor’sfailure to complete, or delay in completing work
In respect of any money that may be owing by the Hirer to M&K under the terms and conditions or otherwise and herby authorise M&K or its Solicitors to execute any consent form as its Attorney for the purpose of registering a caveat over any real property owned by the Hirer at any time or to register this charge over assets of the Hirer with the Australian Securities and Investment Commission.
M&K will have no liability to the Hirer in relation to any loss, damage or expense caused by the Contractor’s failure to complete the work as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, break down, war, the inability of the Contractor’s normal suppliers to supply necessary material or any other matter beyond the Contractor’s control.
Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction must be noted down for the purposes of that jurisdictions, if possible, so as to be valid and enforceable. If that provision cannot be noted down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
The contractor agrees to the terms and conditions noted on the M&K current price list at all times These terms and conditions are governed by the laws of the State of Queensland and all disputes arising between the Hirer and the Contractor and/or M&K will be submitted to the Brisbane Registry of any Court as is competent to hear the matter.