1. Applicability
These General Rental Terms & Conditions apply to all equipment rented by Vacuum Truck Rentals (VTR) unless otherwise agreed in writing.
2. Delivery and Return
Unless otherwise agreed, rental equipment is to be collected from and returned to the location nominated by VTR.
All freight, transport, delivery and collection costs are payable by the lessee.
The equipment remains at the lessee’s risk until it has been returned to and accepted by VTR. Return must take place during normal operating hours unless otherwise agreed in writing.
The lessee is responsible for ensuring that the equipment is appropriately secured and protected during any transport arranged by the lessee.
3. Rental Term
Rent is calculated and invoiced monthly unless otherwise specified in the Rental Agreement.
The minimum rental period is one month.
Unless otherwise agreed, rent is calculated in full monthly periods and equipment returned part way through a rental month will be charged for the full month.
Rental periods may be either fixed-term or ongoing monthly.
For fixed-term rentals, the equipment must be returned by the agreed return date. Any extension must be agreed by VTR prior to the return date. Equipment retained beyond the agreed rental period will continue to incur rental charges and may constitute a default under the Rental Agreement.
For ongoing rentals, the lessee must provide one month’s written notice of termination.
Where a discounted rental rate is provided in consideration for a committed rental term, VTR will apply this discount to the final 3 monthly payments in equal amounts.
4. Ownership
The rental equipment remains the property of VTR at all times. The lessee acquires no ownership interest in the equipment by virtue of the rental.
Without VTR’s prior written approval, the lessee must not sell, sublet, hire, assign, transfer, encumber or otherwise part with possession or control of the equipment.
The lessee must not create or permit any security interest, lien or other interest over the equipment.
5. Use of Equipment
The lessee must advise VTR of the location at which the equipment is stored and operated and must obtain VTR’s approval before permanently relocating the equipment from the location specified in the Rental Agreement.
The equipment must only be operated by appropriately licensed, competent, trained and authorised personnel.
The lessee must operate the equipment in accordance with all manufacturer and VTR operating instructions; within its rated capacities and intended purpose; in accordance with all applicable laws, regulations and safety requirements; and in a manner that does not expose the equipment to unreasonable risk of damage.
Unless expressly approved by VTR, the equipment must not be used for hazardous, explosive, corrosive or otherwise incompatible substances, or in any application or environment materially outside its intended use.
The lessee is responsible for determining that the equipment is suitable for its intended application and operating environment.
6. Operating Costs and Maintenance
The lessee is responsible for normal operating costs including fuel, AdBlue, lubricants and other operating consumables.
The lessee must undertake all daily and operator-level inspections, cleaning and routine maintenance specified by VTR or the equipment manufacturer.
VTR will be responsible for scheduled servicing and repairs arising from normal mechanical failure or normal wear and tear, unless otherwise specified in the Rental Agreement.
The lessee must make the equipment reasonably available to VTR or its nominated service provider when scheduled servicing is required.
The lessee is responsible for all costs associated with repairs or additional servicing arising from misuse, negligence, overloading, contamination, failure to undertake required operator maintenance, use of incorrect fuels or lubricants, unauthorised modification, accident or other damage attributable to the lessee’s operation or custody of the equipment.
The lessee must not undertake or arrange repairs, alterations or modifications to the equipment without VTR’s prior written approval, except where required to prevent immediate further damage and VTR cannot reasonably be contacted.
VTR may determine who undertakes repairs and servicing to the equipment.
7. Wear Items and Consumables
Unless otherwise agreed in writing, normal replacement of service items arising through scheduled servicing will be the responsibility of VTR.
Consumable and wear items damaged or consumed through the lessee’s particular operation or application will be charged to the lessee where specified in the Rental Agreement.
Damage to tyres, hoses, fittings, accessories or other components resulting from misuse, impact, puncture, contamination or abnormal operating conditions is the responsibility of the lessee.
8. Condition at End of Lease
The equipment must be returned in substantially the same condition as supplied, allowing for fair wear and tear arising from proper use.
The lessee must return the equipment clean internally and externally and free from waste, product, sludge or other material.
The lessee is responsible for all costs reasonably incurred by VTR for additional cleaning, decontamination, waste disposal or remediation required as a result of the lessee’s use of the equipment.
The lessee is responsible for loss of or damage to accessories, tools, hoses, fittings, documentation or other items supplied with the equipment.
9. Damage, Loss and Theft
Risk of loss, theft or damage to the equipment passes to the lessee upon delivery or collection and remains with the lessee until the equipment has been returned to and accepted by VTR.
The lessee must take reasonable precautions to secure and protect the equipment.
The lessee must immediately notify VTR of any accident, failure, loss, theft or material damage involving the equipment and must follow VTR’s reasonable instructions.
Where required, the lessee must promptly notify police or other relevant authorities and provide VTR with copies of any reports.
The lessee is responsible for damage to the equipment other than fair wear and tear or mechanical failure arising through normal operation.
Where loss or damage is not recoverable under applicable insurance due to an act or omission of the lessee, its employees, contractors or authorised operators, the lessee will be responsible for the resulting loss to the extent permitted by law.
10. Breakdown and Repairs
The lessee must immediately stop operating the equipment where continued operation could cause further damage or create a safety risk.
The lessee must notify VTR as soon as reasonably practicable of any breakdown or material fault.
VTR will determine the appropriate repair response and will use reasonable endeavours to return the equipment to service as soon as practicable.
Where a breakdown results from normal mechanical failure and is not attributable to the lessee, rental charges may be adjusted for any material period during which the equipment is unavailable for use, as reasonably determined by VTR.
Where a breakdown or repair results from the lessee’s misuse, negligence, damage or failure to comply with these Terms, rental charges will continue during the repair period and the lessee will be responsible for the associated repair costs.
Unless otherwise agreed, VTR is not obliged to provide replacement equipment during service, maintenance or repair downtime.
11. Insurance
The lessee must, at its own cost, maintain comprehensive insurance over the equipment for its full replacement value for the entire period during which the equipment is at the lessee’s risk.
The insurance must cover loss, theft, accidental damage and such other risks as would reasonably be expected for equipment of this nature and use, and must note VTR’s interest as owner of the equipment.
The lessee must provide VTR with satisfactory evidence of the required insurance before taking possession of the equipment and at any time during the rental period upon request.
The lessee is responsible for all insurance premiums, excesses and any loss or damage not recoverable under its insurance.
The lessee must not do, or permit anything to be done, that may invalidate, prejudice or reduce the insurance coverage applying to the equipment.
The lessee must immediately notify VTR of any event that may give rise to an insurance claim and must provide all reasonable assistance and information required in connection with that claim.
The lessee remains responsible for arranging any other insurance appropriate to its operations, including public liability, goods carried and environmental liability.
12. Registration, Tolls and Infringements
Unless otherwise specified, VTR is responsible for registration of road-registered equipment.
The lessee is responsible for all tolls, permits, fines, penalties, traffic infringements and other charges arising from the possession or use of the equipment during the rental period, other than charges arising from VTR’s own act or omission.
VTR may charge the lessee any reasonable administration costs incurred in processing such charges.
13. Liability
To the maximum extent permitted by law, VTR is not liable for indirect or consequential loss arising from the rental, possession, operation, breakdown or unavailability of the equipment, including loss of profit, loss of production, loss of contract or business interruption.
Nothing in these Terms excludes or limits any right, guarantee or remedy that cannot lawfully be excluded or limited.
The lessee is responsible for the operation and control of the equipment while it is in the lessee’s possession and for ensuring that its use complies with applicable workplace health and safety, environmental and other regulatory requirements.
14. Indemnity
To the extent permitted by law, the lessee indemnifies VTR against claims, losses, liabilities, costs and expenses arising from the lessee’s possession, operation or misuse of the equipment, except to the extent caused by VTR’s negligence, breach of contract or unlawful act.
15. VTR’s Right to Inspect
VTR may, on reasonable notice, inspect the equipment during the rental period.
The lessee must provide VTR or its authorised representative with reasonable access to the equipment for inspection, servicing, maintenance or repair.
Where VTR reasonably believes that the equipment is being misused, improperly maintained, operated unsafely or exposed to a material risk of damage, VTR may require the lessee to cease operation until the issue is rectified.
16. Default and Termination
VTR may terminate the rental and require immediate return of the equipment where the lessee fails to pay an amount when due and does not remedy that failure within any applicable notice period; the equipment is subjected to abnormal, unsafe or unauthorised use; the lessee materially breaches these Terms or the Rental Agreement; or the lessee becomes insolvent or enters external administration.
Following termination, the lessee must immediately cease using the equipment and make it available for collection or return it as directed by VTR.
To the extent permitted by law, the lessee must provide VTR with reasonable access to recover its equipment and is responsible for reasonable recovery costs arising from the lessee’s default.
17. Payment
All prices are exclusive of GST unless expressly stated otherwise.
Rental charges are payable in advance unless otherwise agreed in writing. Payment terms will be as specified in the Rental Agreement or invoice.
VTR may charge interest on overdue amounts and may recover reasonable costs incurred in collecting overdue debts.
VTR may require a deposit, security or other credit support as a condition of rental.
18. Force Majeure
Neither party will be liable for delay or failure to perform an obligation, other than an obligation to pay money already due, where the delay or failure results from circumstances beyond that party’s reasonable control.
If such circumstances materially prevent performance for an extended period, either party may terminate the affected rental by written notice, subject to payment of amounts accrued up to termination.
19. General
The lessee must comply with all reasonable instructions issued by VTR in relation to the safe operation, protection, servicing or recovery of the equipment.
A failure or delay by VTR to exercise a right under these Terms does not waive that right.
If any provision of these Terms is invalid or unenforceable, the remaining provisions continue in effect.
These Terms and the applicable Rental Agreement constitute the agreement between VTR and the lessee in relation to the rental, except for any other terms expressly agreed in writing.
20. Governing Law
These Terms are governed by the laws of the State or Territory specified in the Rental Agreement. If no jurisdiction is specified, the laws of Victoria, Australia apply.
The parties submit to the courts of the applicable jurisdiction and courts entitled to hear appeals from those courts.