Terms & Conditions

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Service with Safety
Office: (07) 3131 0101

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Queensland's First Choice for Affordable Mobile Crane Hire

Metropolitan Carriers Pty Ltd (Trading as Metro-Lift Cranes)
Wet Hire Terms and Conditions

1. DEFINITIONS

ACL ” means the Australian Consumer Law.  Information about the Australian Consumer Law, when it applies and what it means can be found at http://www.consumerlaw.gov.au.

Agreement ” means these terms and conditions, read together with the Quote and including any special conditions included in the Quote.

Authority ” includes any legal or administrative authority acting within its legal powers and exercising any jurisdiction within any nation, state, municipality, port or airport.

Breakdown ” includes any failure of the Plant and Equipment to operate as designed or to achieve full performance, any mechanical, electrical or other malfunction of the Plant and Equipment, any damage to the Plant and Equipment and loss of any part of the Plant and Equipment at any time for any reason.

Claim ” includes any claim, demand, proceeding, legal action or similar event.

Deposit ” means any deposit identified in the Quote, or any additional or other deposit which METRO-LIFT may request from time to time in its discretion.

External Component ” means a portion of (or related function to) Services which METRO-LIFT undertakes on the Hirer’s behalf where the relevant Services are provided by (or required to be provided by) a third party – for example, police escorts are an External Component provided by police; pilotage services are an External Component provided by pilots, and transport is an External Component provided by a transport provider.

Extra Work ” means extra steps which METRO-LIFT undertakes at the Hirer’s request or which are necessary to complete Services, which are beyond the Scope. 

GST ” has the meaning given to it in  A New Tax System (Goods and Services Tax) Act 1999  (Commonwealth).

Hazardous Materials ” means materials as identified in the Australian Dangerous Goods Code 2013 version 7.3 and any other goods which are noxious, inflammable, hazardous, dangerous or explosive in nature.

Hire ” refers to any hire arrangement for particular Plant & Equipment.

Hirer ” means the person who hires the Plant and Equipment from METRO-LIFT.

Intervening Event ” means any event, beyond METRO-LIFT’s reasonable control, which directly or indirectly causes delays in or disruption to METRO-LIFT’s planned timing or route, whether or not the Hirer causes or contributes to the Intervening Event.  For example, events such as delays in the granting of relevant permits or lack of availability of relevant permits, floods, accidents, unexpected traffic, and changes in shipping schedules may be Intervening Events.

Items ” means the items which the Hirer asks METRO-LIFT to lift (or to deliver other Services in relation to), as identified to METRO-LIFT by the Hirer from time to time.

Jurisdiction ” means the state or territory where the Location of Hire is, as well as each state or territory in which the Hirer or METRO-LIFT operate, where relevant.

Location of Hire ” means the location indicated in the Quote.

Loss ” means any loss, damage, cost, expense or other adverse financial or other consequence.

METRO-LIFT ” means Metropolitan Carriers Pty Limited ABN 44 009 662 453.

OHS laws means occupational health and safety legislation (however named) and regulations, codes of practice and standards of safety as they apply in the Jurisdiction.

Plant and Equipment ” means the plant and equipment described in the Quote together with relevant accessories, machinery, tools and associated items, manuals, log books etc..

PPSA ” means the  Personal Property Securities Act  2009 (Commonwealth) as amended from time to time.

Price ” means the amount which the Hirer agrees to pay METRO-LIFT (which may be either calculated at the Rate  - including charging a minimum number of hours of Hire for particular items of Plant and Equipment at that Rate, where relevant - or stated in the Quote).  Unless otherwise stated, the Price excludes GST.

Quote ” means the quotation provided to the Hirer which describes the Services which METRO-LIFT will undertake for the Hirer, and which sets out the Price and which may also set out any Deposit.

Rate ” means any rate for Hire as indicated in the Quote or as otherwise agreed between the Hirer and METRO-LIFT, and also means any reviewed Rate as contemplated by clause 5.i. of this Agreement.  A Rate may also apply for a minimum number of hours of Hire for particular items of Plant and Equipment (and the minimum number of hours of Hire may differ for different items of Plant and Equipment), and the relevant minimum number of hours of Hire for particular items of Plant and Equipment may be stated in the Quote or in the Standard Rates.

Ready for Movement ” means that the Items are ready for movement in all respects, including (where relevant) being electrically safe and isolated, with any relevant safety or decontamination procedures having been complied with by the Hirer, and including being free of any customs or other statutory or regulatory restriction on their movement, and with all necessary documentation available – except for any preparation work which METRO-LIFT have specifically agreed to undertake as part of the Scope.

Relevant Law ” means all relevant applicable laws, codes, authorisations or rules in the Jurisdiction including any requirement under equity, statute, regulation, ordinance or by-law whether Commonwealth, territorial, state or local and includes the OHS laws.

Reliable Site Access ” means reliable and safe access, at all relevant times, by the type of vehicle identified in the Plant and Equipment (having regard to the height, width, weight and load characteristics of the relevant vehicle) to each site where Items are to be lifted (or where Items are to have other Services delivered in relation to them).

Requirement ” means any requirement, notice, order or direction received from or given by any Authority and also means any requirement of any relevant Australian Standard.

Russell Transport ” means Russell Transport Pty Ltd ABN 25 605 249 778 trading under any business name.

Services ” means the crane, logistic and other services which METRO-LIFT provides to the Hirer, whether provided gratuitously or otherwise.

Scope ” means the steps which METRO-LIFT will take for the Hirer in relation to Services, as described in the Quote (if relevant).

Standard Rates ” means the rates set out in the Schedule of Rates for METRO-LIFT which can be found on METRO-LIFT’s website, currently at the location www.metrolift.com.au/scheduleofrates  - or other rates stated in the Quote if they are different to those stated in the Schedule of Rates.

Term ” means the period of Hire between the start date and end date indicated in the Quote (or, where METRO-LIFT is hired for particular Services, then until completion of those Services), and any extended period which METRO-LIFT and the Hirer agree to.

2. INTERPRETATION

In these terms and conditions, unless the context otherwise states or requires:

a. any words importing the singular include the plural and vice versa;

b. capitalised words are defined terms and have their defined meaning;

c. a reference to a “party” or “parties” means a party or parties to this Agreement;

d. any reference to gender includes the other gender;

e. an obligation of two or more parties binds them jointly and severally;

f. a reference to a person includes a company or other entity and the legal representatives, successors, and assignees of that person;

g. a reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it, consolidations, amendments, re-enactments or replacements of any of them made by any legislative authority;

h. a reference to $ or dollars means Australian Dollars;  and

i. this Agreement is the entire agreement between the parties and supersedes all other agreements, understanding, representations and negotiations. 

3. CONTRACT TO HIRE and TERM

a. METRO-LIFT hires the Plant and Equipment to the Hirer for the Term (which may refer to a stated period of time or for a period of time ending when particular Services are completed), and the Hirer accepts the hire of the Plant and Equipment for the Term, on the terms and conditions of this Agreement.  The Hirer must make prompt payments to METRO-LIFT in accordance with this Agreement and must comply with all of the terms of this Agreement.

b. Where the Term is a stated period of time and the Price is set on the basis of a Rate, the Term is a minimum period of Hire and the Hirer agrees to pay for the Hire at the Rate during the whole Term, regardless of whether they actually require the use of the Plant and Equipment for the whole Term.

c. If the Hirer wishes to request an extension of the Term then it must give METRO-LIFT at least 24 hours’ notice, so that METRO-LIFT may consider whether to extend the Term (in METRO-LIFT’s discretion).

4. DELIVERY and HIRER RESPONSIBILITIES

a. After the Hirer pays any Deposit to METRO-LIFT, METRO-LIFT must arrange the delivery of the Plant and Equipment, with appropriate operators provided by METRO-LIFT, to the Location of Hire by the start date of the Term. However, METRO-LIFT may be prevented from achieving that delivery by Intervening Events.  METRO-LIFT is not responsible for Intervening Events and METRO-LIFT’s obligations are varied to the extent that they become impossible or impractical to achieve, because of the occurrence of Intervening Events.

b. The Hirer must ensure that METRO-LIFT is provided with Reliable Site Access at all relevant times. The Hirer irrevocably appoints METRO-LIFT as its agent and authorised attorney to enter upon any land or premises on behalf of the Hirer to exercise control over and operate the Plant and Equipment at any time, and agrees to indemnify METRO-LIFT in respect of any claims, damages or expenses arising out of any action necessary to gain access to or recover the Plant and Equipment.

c. The Hirer must ensure that the Items are Ready for Movement at all relevant times.

d. The Hirer bears all risk in relation to Items and must insure the Items against all relevant risks, including the risks which will arise through METRO-LIFT applying the Services to the Items.  The Hirer confirms that METRO-LIFT is not required to repair or replace any damaged or destroyed Items, nor to compensate the Hirer for loss or damage to the Items, regardless of the cause of that loss or damage (except as noted later in this clause), and that METRO-LIFT is not expected to insure the Items. However, METRO-LIFT is responsible (but only to the extent set out in Clause 10 and subject to the limitations on liability in clause 10) for the direct results of any wilful misconduct by METRO-LIFT or of any negligence by METRO-LIFT.

e. The Hirer confirms that only METRO-LIFT may exercise control over, or operate, the Plant and Equipment, either during or after the Term.

5. CHARGES FOR HIRE and PAYMENT

a. The Hirer must pay any Deposit to METRO-LIFT whenever requested by METRO-LIFT.  The Deposit may be for any purpose identified by METRO-LIFT in its discretion.  Any Deposit is immediately available to METRO-LIFT once paid, and is non-refundable. 

b. The Hirer must pay the Price to METRO-LIFT for hire of the Plant and Equipment.

c. The Hirer must pay the Price (or relevant parts of the Price) to METRO-LIFT, within 30 days of the date of each invoice.  Where METRO-LIFT is calculating the Price based on the Rate, it will typically invoice the Hirer once per month.

d. Any Rate is partially based on expected hours of use per week during Hire and the Hirer agrees that it must obtain the consent of METRO-LIFT, if it wishes to have the Plant & Equipment operated for more than 10% greater than the expected hours of use per week.  If METRO-LIFT provides consent to the increased hours of use then METRO-LIFT may (acting reasonably) increase the Rate to provide for the impact of the increased hours of use.

e. The Hirer must also pay METRO-LIFT any other amounts indicated in the Quote (for example, setup expenses, the cost of counterweight delivery, and / or mobilisation / demobilisation costs if relevant) before the start of the Term and before the delivery of any Services by METRO-LIFT.

f. If METRO-LIFT undertake Extra Work for the Hirer (at the Hirer’s request, or because of the occurrence of Intervening Events, or because the Hirer breaches the Hirer’s obligations under these Conditions, or for some other reason), then the Hirer must pay METRO-LIFT an amount calculated in accordance with the Standard Rates, in addition to the Price, for that Extra Work. METRO-LIFT may elect to request a Deposit in respect of the Extra Work.

g. If Intervening Events occur which directly or indirectly cause METRO-LIFT expense or delay or which require METRO-LIFT’s equipment, resources and staff to be used or consumed to deal with them (for example – if a flood prevents relevant access from occurring, or if a shipping schedule changes preventing Services from occurring at the time originally scheduled, and if METRO-LIFT’s Plant and Equipment or operator are detained or delayed awaiting completion of delivery as a result), then the Hirer must pay METRO-LIFT an additional amount calculated in accordance with the Standard Rates, in addition to the Price, to compensate METRO-LIFT. That additional amount may include, but is not limited to, demurrage, where relevant.

h. If the Hirer breaches the Hirer’s obligations under these Conditions and that breach directly or indirectly causes METRO-LIFT expense or delay or requires METRO-LIFT’s equipment, resources and staff to be used or consumed to deal with the consequences of the breach (for example – if the Hirer fails to ensure that Items are Ready for Movement or if the Hirer fails to provide METRO-LIFT with Reliable Site Access, and if METRO-LIFT’s Plant and Equipment or operator are detained or delayed as a result), then (in addition to any other rights which METRO-LIFT have as a result of the Hirer’s breach) the Hirer must pay METRO-LIFT an additional amount calculated in accordance with the Standard Rates, in addition to the Price, to compensate METRO-LIFT. That additional amount may include, but is not limited to, demurrage.

i. In addition to any other right to increase the Rate which is contained in this Agreement, METRO-LIFT may elect to review and increase the Rate at any time, even during the Term. If METRO-LIFT reviews and increases the Rate in that way during the Term, then the Hirer may elect to terminate this Agreement, without penalty, by notice to METRO-LIFT if the increased Rate is unacceptable to the Hirer. Unless the Hirer terminates this Agreement, the increased Rate will apply from the date that METRO-LIFT advises it to the Hirer.

j. If a supply under this Agreement is subject to GST, then the Hirer must pay METRO-LIFT (at the same time and in the same manner as consideration under this Agreement is otherwise payable), an amount equal to the amount of consideration payable under this Agreement, multiplied by the applicable GST rate.  METRO-LIFT must provide the Hirer with relevant tax invoices if a supply under this Agreement is subject to GST. METRO-LIFT reserves the right to not enter into any recipient created tax invoice arrangements with the Hirer.

k. The Hirer must not deduct any amount from, nor defer the payment of, any amount due to METRO-LIFT, nor seek to set-off any amounts which METRO-LIFT owes to the Hirer, even in the context of a request by the Hirer for credit or where there is a dispute about any amount owed.

l. If the Hirer does not pay any amount to METRO-LIFT when it is due, then the Hirer must also pay METRO-LIFT interest on the amount outstanding, at the rate of 1.0% per month, compounded weekly. In addition and without limiting the Hirer’s obligation to pay interest, the Hirer also indemnifies METRO-LIFT from and against all costs and expenses (including commissions payable to debt recovery agents and legal costs on a full indemnity basis) which may be incurred by METRO-LIFT in recovering amounts from the Hirer which remain unpaid after the due date, or in recovering the Plant and Equipment.

6. INSPECTION OF ITEMS and CONDITION OF ITEMS

a. The Hirer authorises METRO-LIFT to inspect the Items and to open the packaging of the Items to determine the nature or condition of the Items, or for any other purpose which METRO-LIFT considers necessary (including, for example, checking the lifting or load characteristics of the Items and, where METRO-LIFT considers it necessary, re-loading or re-distributing the Items in an appropriate way).  If the Hirer requires one of the Hirer’s representatives to be present at the time of opening of the packaging of the Items, then the Hirer must specifically inform METRO-LIFT of that requirement, and the Hirer must also make the Hirer’s representative available promptly, at any relevant place and at a time and in a manner which does not cause METRO-LIFT expense or delay.

b. However, while METRO-LIFT may elect to inspect the Items or open the packaging of the Items, nothing obliges METRO-LIFT to actually inspect or open the packaging of the Items. Also, the Hirer acknowledges that it will often be impractical, inappropriate, or counter-productive for METRO-LIFT to actually inspect or open the packaging of Items (for example, where they are covered or weather-sealed) and that the packaging of Items may hide damage which exists before METRO-LIFT ever encounters the Items.

c. The Hirer must give METRO-LIFT an accurate and complete description of the Items and full written details of any Hazardous Materials before METRO-LIFT provides any Services.

d. The Hirer warrants that the description of the Items provided by the Hirer to METRO-LIFT is accurate and that the Items are not:

  1. infested with vermin or pests;

  2. (except as specifically disclosed to METRO-LIFT as specified above) of a
      noxious, dangerous, hazardous, explosive, inflammable, volatile, radioactive,       offensive or unlawful nature, nor are they non-compliant with Australian
      customs or quarantine laws;

3. of a kind capable (except as specifically disclosed to METRO-LIFT as specified above) of causing loss, damage or injury to METRO-LIFT or any third party.

e. If the Hirer fails to give a description and details as set out above, or breaches a warranty as set out above, or if in METRO-LIFT’s opinion or the opinion of any Authority, Items constitute a risk to other property, life or health then those Items may in METRO-LIFT’s discretion be destroyed, disposed of, abandoned or rendered harmless by METRO-LIFT without compensation to the Hirer or any other person and without prejudice to METRO-LIFT’s right to payment. For the avoidance of doubt, there will be no liability to METRO-LIFT for any Loss which the Hirer or any other person may suffer as a result of the destruction or disposal of or other dealing with those Items.

f. The Hirer must declare in writing to METRO-LIFT any Items which may be liable to customs duties or official restrictions.

g. If any Items require temperature control then, before METRO-LIFT provide any Services, the Hirer must give written notice to METRO-LIFT:

  1. of the nature of those Items; and       of the temperature range to be maintained. 

7. SUBCONTRACTING and ENGAGEMENT OF THIRD PARTIES FOR EXTERNAL COMPONENTS

a. METRO-LIFT can subcontract the Services or any part of the Services to another person.

b. The Hirer acknowledges that in addition to, or as an alternative to, subcontracting, METRO-LIFT is authorized to engage third parties on the Hirer’s behalf to provide External Components, and that when third parties are engaged to provide External Components:

  1. The Hirer has no Claim against METRO-LIFT for any Loss arising (directly or
      indirectly) from External Components, because any Claim which the Hirer       may have will be against the relevant third party who is providing the
      relevant External Component;

  2. The Hirer’s relationship with the relevant third party is governed by whatever
      terms and conditions which may apply to that relationship, as documented       between the Hirer (or METRO-LIFT on the Hirer’s behalf) and the relevant
      third party;

  3. When Russell Transport, which has a business association with METRO-LIFT,
      is engaged to provide an External Component, then the Hirer’s relationship
      with Russell Transport is governed by the Russell Transport Terms and
      Conditions of Service which are currently located here:
       www.russelltpt.com.au/conditions ; and

  4. The terms of this clause apply even if, as a matter of convenience for the
      Hirer, METRO-LIFT provides the Hirer with one invoice which includes the       cost of External Components or if METRO-LIFT collects payment on behalf of
      the third parties providing External Components.

c. Regardless of whether METRO-LIFT subcontracts part of the Services in relation to External Components or whether third parties are engaged to provide External Components, METRO-LIFT is not responsible for any variation in the cost of External Components, because those variations are determined by third parties who are beyond METRO-LIFT’s control.  The Hirer must pay METRO-LIFT (or the relevant third party directly) for any variation in the cost of External Components, even if this changes the Price. METRO-LIFT may elect to request a Deposit whenever any External Component is involved in or related to the Services.

8. METRO-LIFT OBLIGATIONS

a. METRO-LIFT will use its best endeavours to ensure that the Plant and Equipment is in good working order at the commencement of the Term.  Where the Hirer has inspected the Plant and Equipment before Hire, or where METRO-LIFT has made disclosure to the Hirer about the condition of the Plant and Equipment, information which the Hirer obtained or ought reasonably to have obtained through that inspection or disclosure qualifies METRO-LIFT’s obligations in this clause.

b. If there is a Breakdown in relation to the Plant and Equipment, or if the Plant and Equipment is not available for use by the Hirer during part or all of the Term for any reason, then there is no obligation on METRO-LIFT to supply the Hirer with replacement Plant and Equipment.  The Hirer acknowledges that METRO-LIFT has a limited supply of plant and equipment and in some cases may have only one of the items of Plant and Equipment hired to the Hirer, and that (regardless of whether METRO-LIFT is responsible for any Breakdown or lack of availability) METRO-LIFT will not have any responsibility or liability to the Hirer for any direct or indirect loss, damage or other consequences which may flow from the Plant and Equipment not being available for use by the Hirer during part or all of the Term, for any reason. METRO-LIFT will, however, use reasonable endeavours to provide the Hirer with an appropriate replacement for Plant and Equipment which has experienced Breakdown or which is not available for use, where that is possible and practical, having regard to the supply of plant and equipment available to METRO-LIFT from its own inventory and having regard to the other commitments of METRO-LIFT.  Also, METRO-LIFT confirms that the Hirer is not obliged to make further payments towards the Price (except for payment for Services already provided to the Hirer prior to the Breakdown or lack of availability) while both:

  1. the Plant and Equipment is experiencing Breakdown or is not available for       use; and

  2. METRO-LIFT has not been able to provide the Hirer with an appropriate       replacement for such Plant and Equipment.

9. TERMINATION

a. METRO-LIFT may terminate this Agreement without reason or for its convenience at any time upon 14 days’ notice to the Hirer.

b. METRO-LIFT may terminate this Agreement immediately if the Hirer:

  1. breaches a term of this Agreement;

  2. permits any act or thing to be done, or omits to do anything, which may
      prejudice, diminish or alienate METRO-LIFT’s rights to or in the Plant and
      Equipment;

  3. commits an act of bankruptcy;

  4. becomes insolvent or is unable to pay its debts when they fall due;

  5. enters into or proposes to enter into voluntary liquidation, provisional       liquidation, administration or receivership;

  6. has a winding up petition presented against it;

  7. has any of its property seized by a secured creditor or any secured creditor       takes steps to enforce its rights;

  8. ceases to carry on business, or substantially changes its business activities; or

  9. suffers a significant (in the reasonable opinion of METRO-LIFT) change of
      management, ownership or voting control without prior METRO-LIFT
      approval.

c. The Hirer may only terminate this Agreement if METRO-LIFT has directly caused the Breakdown of the Plant and Equipment and if METRO-LIFT is unable to have such Breakdown repaired or rectified within a reasonable time after the Breakdown occurs.  Otherwise, the Hirer may not terminate this Agreement before the end of the Term, and must pay the Price for the Hire during the whole Term. 

10. LIABILITY and INDEMNITY

a. The Hirer indemnifies METRO-LIFT against:

  1. All actual and contingent losses that METRO-LIFT incurs;

  2. All actual and contingent liabilities that METRO-LIFT incurs;

  3. Any loss of or damage to the Items from any cause (other than METRO-
      LIFT’s wilful misconduct or METRO-LIFT’s negligence) which is not covered
      by insurance; and

  4. All costs actually payable by METRO-LIFT to METRO-LIFT’s own legal
      representatives (whether or not under a costs agreement) and other
      expenses that METRO-LIFT incurs in connection with a demand, action,
      arbitration or other proceeding (including mediation, compromise, out of
      court settlement or appeal);

      arising directly or indirectly as a result of or in connection with:

  5. The breach of this Agreement or any warranty the Hirer provides in this       Agreement or;

  6. Any act or omission by the Hirer or any person acting on the Hirer’s behalf.

b. To the extent permitted by law, METRO-LIFT excludes any liability in contract, negligence or otherwise for any loss or damage (including economic or consequential loss or damage) that the Hirer or any third party may incur as a result of this Agreement, including from:

  1. METRO-LIFT’s lifting, handling, storage or treatment of Items;

  2. METRO-LIFT’s inspection of the Items;

  3. Delay or failure in relation to the Items; and

  4. The nature of the Items and any damage to, defect in, or shortage of the       Items.

If the ACL applies to the relevant relationship between METRO-LIFT and the Hirer, then METRO-LIFT are not permitted to exclude their liability for consequential loss or damage and do not attempt to do so.  However, to the extent permitted by the ACL and by law generally, METRO-LIFT will be under no liability whatsoever to the Hirer and/or any third party for any indirect, special, consequential or exemplary Loss or Claim or personal injury suffered by the Hirer and/or any third party directly or indirectly in connection with the Items or Services or directly or indirectly arising out of this Agreement or otherwise from the relationship between METRO-LIFT and the Hirer and any third party, and whether actionable in contract, tort (including negligence), equity or otherwise.

c. The Hirer indemnifies METRO-LIFT against any duties, taxes or fines in relation to the Items.

d. The Hirer warrants that no Claim will be made against METRO-LIFT by the Hirer or any third party including any Authority which imposes or attempts to impose on METRO-LIFT any liability in connection with the Items. To the extent that the Hirer or any third party or any Authority bring such a Claim, the indemnities which the Hirer gives in this this Agreement operate to indemnify METRO-LIFT against all of the direct and indirect consequences of that Claim.

e. If the ACL applies to the relevant relationship between METRO-LIFT and the Hirer, then:

  1. any goods and services supplied by METRO-LIFT come with guarantees that       cannot be excluded under the ACL;

  2. the Hirer  is entitled to a replacement or refund for a major failure and to       compensation for any other reasonably foreseeable Loss;

  3. the Hirer is also entitled to have goods supplied by METRO-LIFT (if any)
      repaired or replaced if the goods fail to be of acceptable quality but the
      failure does not amount to a major failure;

  4. the benefits to the Hirer under this Agreement are in addition to other rights
      and remedies which the Hirer has under the ACL in relation to relevant goods
      or services;  and

  5. the indemnities in the various parts of clause 10 are intended to be read
      down or severed if necessary, to the extent to ensure that there is no breach
      of the ACL.

f. To the full extent permitted by law the Hirer releases, holds harmless and discharges METRO-LIFT, its agents and employees in respect of all claims and demands on METRO-LIFT and any loss or damage caused to the Hirer or its customers, agents, employees or other third parties, whether by death of or injury to any person, accident, loss or damage to property, delay, financial loss or otherwise.

g. To the full extent permitted by law, METRO-LIFT makes no express warranty or condition and excludes all implied warranties and conditions of any type including as to the fitness of the Plant and Equipment for any use to which it is put by the Hirer.

h. If METRO-LIFT causes any Loss to the Hirer or any third party as a result of any effect of METRO-LIFT’s action or inaction in respect of the Items or in the performance of the Services, or due to any negligence of METRO-LIFT or due to any other cause then (where permissible under the ACL, if it applies) the extent of METRO-LIFT’s liability will be limited to a maximum of the fee actually paid to METRO-LIFT by the Hirer for the Services. METRO-LIFT’s liability will also be reduced to the extent that the Hirer or any other person contributed to the Loss.

i. In addition to each other limitation which applies to the relationship between METRO-LIFT and the Hirer, METRO-LIFT is only required to (and METRO-LIFT’s liability is limited to) either re-supply of the Services or reimbursing the Hirer for paying someone else to supply the Services (at METRO-LIFT’s election).  If the ACL applies to the relevant relationship between METRO-LIFT and the Hirer, then this clause only applies in relation to Services which are not used for personal, domestic or household purposes.

j. The liabilities, indemnities, insurances and limitations of liability and other rights and obligations contained in this clause remain in full force and effect, notwithstanding termination of this Agreement.

11. FORCE MAJEURE

a. A Force Majeure Event is an event which is beyond the reasonable control of the Hirer or METRO-LIFT and includes but is not limited to the following types of events:

  1. an act of God;

  2. war or some other state of armed hostilities, insurrection, riot, civil
      commotion, act of public enemies, national emergency (whether in fact or in
      law) or martial law;

  3. weather conditions of a severity that could not reasonably be expected to
      occur within a 10 year period at the location of the Plant and Equipment and       causing inundation or flood that prevents access to the Plant and Equipment;
      or

  4. action or inaction by, or orders, judgments, rulings, decisions or enforcement
      actions of, any government, governmental authority or court of competent
      jurisdiction whether local, State or Federal (including denial, refusal or failure
      to grant any permit, authorisation, licence, approval or acknowledgment
      despite timely endeavours to obtain same).

b. Where either the Hirer or METRO-LIFT cannot perform their obligations under this Agreement because of the intervention of a Force Majeure Event, then they must immediately notify the other party of the Force Majeure Event and will then be temporarily relieved of relevant obligations under this Agreement whilst the Force Majeure Event continues. Regardless of such relief, the party making the notification of the Force Majeure Event must do everything reasonably possible to minimise the duration and impact of the Force Majeure Event and must notify the other party immediately upon cessation of the Force Majeure Event.

c. Without limiting METRO-LIFT’s rights, if the Force Majeure Event continues for a period in excess of fourteen days, then METRO-LIFT may terminate this Agreement at their discretion without penalty.  The Hirer may not terminate this Agreement because of a Force Majeure Event.

d. Notwithstanding any Force Majeure Event, no party is relieved or excused from performance of its obligation to pay amounts due to the other under this Agreement.

12. PPS

a. METRO-LIFT may have a security interest under the PPSA in the Plant and Equipment and any proceeds. Neither party has agreed to postpone the time for attachment of any security interest. The Hirer further confirms that:

  1. the Plant and Equipment is acquired for Hire by the Hirer in the course or
      furtherance of an enterprise by the Hirer, and is commercial property (as
      defined in s.10 of the PPSA); and

  2. any security interest comprises a purchase money security interest (as
      defined in s.14 of the PPSA) to the extent it secures purchase money
      obligations (as defined in s.14(7) of the PPSA); 

  3. METRO-LIFT is entitled to register any security interest pursuant to the PPSA,
      and the Hirer must do everything (such as obtaining consents, completing,
      signing and supplying signed copies of documents, and supplying
      information), which METRO-LIFT requires to be done for the purpose of
      ensuring that each security interest of METRO-LIFT’s is enforceable,
      perfected, has the required and intended priority, is otherwise effective, and
      can be practically and lawfully enforced by METRO-LIFT against the Hirer
      (and against third parties as relevant);

  4. The Hirer waives, as permitted by s.157(3) of the PPSA, any right to receive a
      verification statement or any other notice in relation to a registration event
      (for example, any right under s.157(1) of the PPSA);  and

  5. METRO-LIFT and the Hirer hereby enter into a confidentiality agreement (as
      contemplated by s.275(6)(a) of the PPSA) and agree that (subject to section       275(7) of the PPSA) neither the Hirer nor METRO-LIFT will disclose
      information of the kind mentioned in section 275(1) of the PPSA.

b. As permitted by s.115(1) of the PPSA, METRO-LIFT and the Hirer hereby agree that:

  1.  s.95 and s.130 of the PPSA, to the extent that each of those sections require
      METRO-LIFT to give notice to the Hirer, do not apply to METRO-LIFT’s
      security interests;

  2. s.121(4) and s.132(4) of the PPSA do not apply to METRO-LIFT’s security       interests;

  3. METRO-LIFT may elect to give notice to the Hirer as contemplated by       s.135(1)(a) of the PPSA, but METRO-LIFT is not obliged to do so.

c. Where METRO-LIFT has other enforcement rights in addition to the enforcement rights provided for in the PPSA, those other enforcement rights will continue to apply.

13. MISCELLANEOUS

a. The person accepting the Quote and / or requesting the provision of any Services by METRO-LIFT warrants to METRO-LIFT that they have appropriate authority on behalf of the Hirer to enter this Agreement.

b. The parties to this Agreement are independent and are not in partnership, nor agents for each other, nor attorneys, nor legal representatives of the other (except where a contrary position is specifically stated in this Agreement).

c. Notices to a party may be given by email to info@metrolift.com.au, for METRO-LIFT, and by email to any email address to which the Quote was provided and / or to any email address from which the Hirer has communicated with METRO-LIFT, for the Hirer, or to other email addresses subsequently notified to the other party.

d. Confidential information obtained by one party from the other party during the performance of this Agreement is confidential and must not be disclosed to any third party except where required by law; securities exchange guidelines and rules, or the requirements of any relevant regulator.

e. Information about METRO-LIFT’s privacy policy is available on request.

f. METRO-LIFT may assign or subcontract the performance of all or any of METRO-LIFT’s rights and obligations under this Agreement to any other person or company without first requiring the consent of the Hirer.  However, the Hirer must not assign, subcontract, sub-lease or sub-hire the Plant and Equipment or performance of all or any of the Hirer’s rights and obligations under this Agreement, unless it has obtained the prior consent of METRO-LIFT to do so.

g. Any delay by METRO-LIFT in exercising any right, power or remedy to which it is entitled under the Agreement, or any failure to exercise such right, power or remedy does not amount to a waiver of that right, power or remedy, nor does it preclude any further exercise of any right, power or remedy which may be provided for under the Agreement.

h. Any waiver by METRO-LIFT must be in writing by METRO-LIFT and is only effective in relation to the particular obligation or breach in which it is given.

i. If any provision of the Agreement is invalid or unenforceable in accordance with its terms, then it is to be read down, if possible, so as to be valid and enforceable, and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without effecting the remaining provisions of the Agreement.

This Agreement is governed and construed by the laws of the State of Queensland, Australia. All disputes will be subject to the non-exclusive jurisdiction of the courts of that State.  However, this does not diminish 

For more information on our metro lift crane hire services, call 07 3131 0131 today.
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