1. McIntosh Holdings Pty Ltd, trading as CASE VIC & CASE RENTALS ACN 008 675 876 (CASE ) has agreed to give the Renter possession of the equipment set out in the Schedule (Equipment) and the Renter agrees take possession of the Equipment for the period set out in Schedule on the terms and conditions below.
  2. The Renter warrants that the information supplied by the Renter to obtain CASE’ consent to enter into this agreement is true and correct.
    The Equipment is specified in the Schedule and includes all accessories, including any other equipment fitted or attached to or supplied with the Equipment.
  3. The Renter will return the Equipment to CASE on or before the Return Date specified in the Schedule.
  4. The Renter agrees to pay CASE the Rental Fee set out in the Schedule until the Equipment is returned to CASE.
  5. In the event that the Renter does not pay an amount payable pursuant to this Agreement within 14 days of receipt of an invoice from CASE, the Renter shall pay interest on that outstanding amount at the rate of 12% per annum until payment is received by CASE.
  6. The Renter further agrees to pay any debt collection or other costs incurred in relation to recovering any amount payable by the Renter to CASE as well as legal costs on a full indemnity basis.
  7. The Renter charges in favour of CASE all of its present and future undertaking and assets (including any real property assets it has an interest in) as security for the due and punctual payment to CASE of all amounts payable by the Renter to CASE. The Renter acknowledges and agrees that CASE may register a caveat or other security interest over any real property owned by the Renter.
  8. The Equipment will be delivered to the Renter in good condition and mechanical order. On delivery of Equipment to the Renter, the parties will complete visual inspection of Equipment and sign off as to the condition of Equipment (the Inspection Report).
  9. The Renter shall take good care of Equipment. If Equipment is damaged in any way or is not returned to CASE in the same condition as stated in the
  10. Inspection Report then the Renter shall pay CASE immediately on demand an amount equal to the cost of work to reinstate the Equipment to the condition it was in at delivery.
  11. If the Equipment is damaged or becomes mechanically defective in any way, the Renter shall immediately notify CASE personnel and will follow CASE’ instructions as to the care and custody of the Equipment.
  12. The Equipment must only be operated by a suitably trained, licensed, experienced and (if necessary) certified operator and is operated in accordance with the Operator’s Manual and Supplier’s instructions.
  13. The Equipment must be returned to CASE clean and in the same condition as when received (except for normal wear and tear) and returned with a full tank of fuel or Renter will pay Supplier the cost of filling that tank.
  14. The Renter shall indemnify and keep CASE indemnified from and against any and all claims in respect of loss or damage however so arising out of the use operation or keeping of Equipment by Renter.
  15. If any moneys whether by way of fines or otherwise become payable by CASE as a consequence of some act done or omitted to be done by Renter whilst the Equipment is in its possession the Renter hereby indemnifies CASE and shall keep CASE indemnified against payment of any such amount and shall pay all such amounts to CASE immediately upon demand.
  16. The Renter shall only use the Equipment for the application for which it was designed and in accordance with the operator’s manual supplied with the Equipment.
  17. In no circumstances shall the Renter load the Equipment beyond its specified carrying capacity or tamper with or interfere with the Equipment in any way or operate the Equipment so as to cause any of the specified limitations on its operation or use to be exceeded.
  18. The Renter will not allow any use or operation of the Equipment to carry volatile liquids gases explosives or corrosive or inflammable materials.
  19. If the Equipment requires service and maintenance during the demonstration period the Renter will bear the cost of the services and maintenance with work to be performed by CASE or unless otherwise agreed in writing.
  20. The Renter will ensure the engine oil hydraulic oil, coolant levels and other normal service items are regularly checked and maintained to the Equipment manufacturer’s specifications in order to ensure the efficient performance of the Equipment.
  21. All non-warrantable repairs to the Equipment will be at the Renter’s expense.
  22. If the Equipment breaks down, becomes unsafe to operate or the visual/audible warning system activates signaling a fault, the Renter shall immediately stop using Equipment, ensure it does not sustain any further damage and prevent the Equipment from causing injury, loss or damage to any person or property.
  23. The Renter must not repair or attempt to repair Equipment without CASE’s prior written consent.
  24. The Renter must comply with all laws and regulations including but not limited to all Occupational Health & Safety laws relating to Equipment and its operation.
  25. To the greatest extent permissible by law, CASE will not be liable for expenditure, damages, loss or inconveniences incurred by the Renter arising from breakdown of the Equipment, however caused.
  26. CASE shall at all times have legal and equitable title to the Equipment. Nothing contained herein shall confer on the Renter any right property or interest in or to the Equipment and the Renter shall be a bailee thereof only.
  27. Equipment will be comprehensively insured by CASE against fire, accident and theft.
  28. The Renter will pay on demand the excess of $5,500.00 for any insurance claim arising out of loss or damage to the Equipment while it is in the Renter’s care, custody or control.
  29. Should Renter fail to pay the Rental Fee or otherwise breach there these terms and conditions CASE may terminate this Agreement and repossess Equipment without notice to Renter and Renter agrees to pay all reasonable costs and expenses (including towing charges) incurred by CASE in repossessing Equipment.
  30. CASE shall have at all times the irrevocable right to enter on the Renter’s premises to inspect recover or repossess the Equipment and if requested by CASE, the Renter shall deliver the Equipment to CASE for inspection.
  31. To the extent that the Australian Consumer Law or any other legislation implies any condition, warranty or guarantee in relation to the supply, quality or condition of the Equipment which cannot be excluded, then to the greatest extent permitted by law, CASE’s liability for a breach of that implied condition, warranty or guarantee will be limited to, at the discretion of CASE, the resupply of equipment on terms which are similar to the original supply of the Equipment, or the payment to the Renter of an amount of money sufficient to enable the Renter to obtain a similar supply of equivalent equipment to the Equipment.
  32. The parties further agree that to the greatest extent permissible by law, CASE’s liability to the Renter, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this agreement, including any loss of profits, loss of sales or business, loss of production, loss of business opportunity or damage to goodwill or reputation.
  33. Guarantee
  34. the Guarantor unconditionally and irrevocably guarantees the punctual payment of all money owing to CASE by the Renter of any nature whatsoever including but not limited to pursuant to this Agreement and any other agreement between CASE and the Renter (the “Guaranteed Money”).
  35. The Guarantor must, whether or not demanded, pay to CASE an amount equal to any amount of Guaranteed Money not paid by the Renter by the due date for payment.
  36. The Guarantor indemnifies CASE against any and all loss or damage (including, without limitation, direct, indirect and consequential loss) which the Supplier suffers as a direct or indirect result of:
    • the Renter failing to pay any Guaranteed Money to CASE; or
    • the Renter breaching any provision of this Agreement or any other agreement with CASE.
  37. The Guarantor’s obligations under this clause are continuing obligations, extend to all amounts of Guaranteed Money presently owing or owing at any time in the future and remain in force until CASE notifies the Guarantor in writing of the discharge of the obligations.
  38. The Guarantor’s obligations under this clause are not affected by anything which might otherwise operate to release, affect or discharge them in any way (whether at law or equity).
  39. CASE may enforce any right under this clause regardless of whether it has made a demand on the Renter or enforced any other security.
  40. The Guarantor must not, without the prior written consent of CASE, prove in the insolvency of the Renter or receive any benefit or distribution in respect of the winding up or liquidation of the Renter.
  41. The Guarantor charges in favour of CASE all of its present and future undertaking and assets (including any real property assets it has an interest in) as security for the due and punctual payment to CASE of all present and future amounts payable by the Renter to CASE. The Guarantor acknowledges and agrees that CASE may register a caveat or other security interest over any real property owned by the Guarantor.
  42. If any provision of this Guarantee is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from this Guarantee without affecting the validity or enforceability of the remaining provisions
  43. This contract shall be construed according to the laws of the State of Victoria, Australia.