” 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.
” means these terms and conditions, read together with the Quote and including any special conditions included in the Quote.
” includes any legal or administrative authority acting within its legal powers and exercising any jurisdiction within any nation, state, municipality, port or airport.
” 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.
” includes any claim, demand, proceeding, legal action or similar event.
” 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.
” has the meaning given to it in A New Tax System (Goods and Services Tax) Act 1999
“ 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.
” refers to any hire arrangement for particular Plant & Equipment.
” 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.
” 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.
” 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.
” means any loss, damage, cost, expense or other adverse financial or other consequence.
” 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..
” means the Personal Property Securities Act
2009 (Commonwealth) as amended from time to time.
” 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.
” 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.
” 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).
” 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.
” means the crane, logistic and other services which METRO-LIFT provides to the Hirer, whether provided gratuitously or otherwise.
” 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.
” 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.