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Hire Terms and Conditions
Saturday, July 07, 2018

1. Formation of agreement
1.1. Once the Owner accepts a Booking Request, the Booking Request will contain the terms and conditions of an agreement between the parties for the hire of the assets described in the Booking Request (Hired Equipment) and any Replacement Equipment.
1.2. Each Booking Request will be deemed to incorporate these Standard Terms for Hire and any additional rules stipulated by the Owner in the Booking Request. To the extent there is any inconsistency or conflict between the provisions in the Booking Request and these Standard Terms for Hire, the provisions in the Booking Request will prevail.
2. Hire
2.1. The Owner will l the Owner's Equipment to the Hirer and use reasonable endeavours to make the Owner's Equipment available for use by the Hirer on the Hire Start Date for the Hire Period, free from Defects, in good condition, repair and working order, and in accordance with the requirements of the Booking Request, the Applicable Codes and Standards and all applicable laws.
2.2. The Hirer may only use the Owner's Equipment for purposes which are consistent with the manufacturer’s design, instructions and intended use, including as may be expressly stated in the Booking Request, and (without limiting the foregoing requirement) may not on-hire the Owner's Equipment (whether or not for reward) or otherwise part with possession of the Owner's Equipment during the Hire Period. The Hirer must satisfy itself of the suitability of the Owner's Equipment for the Hirer's purpose, and the Owner provides no guarantee or warranty that the Owner's Equipment is suitable for the Hirer's purpose.
2.3. The Hirer may not operate the Owner’s Equipment for more than 8 hours per day, without prior written approval from the Owner.
3. Owner’s Obligation
Subject to the Hirer's compliance with these Standard Terms for Hire, the Owner must:
3.1. allow the Hirer and its Personnel to exclusively use the Owner's Equipment during the Hire Period; and
3.2. fulfil any requirements prescribed in the Booking Request in relation to the Owner's Equipment, including delivery and return collection, where applicable.
4. Hirer’s Obligation
4.1. When operating, handling, transporting, maintaining or servicing the Owner's Equipment at any time during the Hire Period, the Hirer must:
(a) operate the Owner's Equipment safely and strictly in accordance with all laws, OEM specifications, guidelines and recommendations;
(b) ensure that Personnel operating the Owner's Equipment:
(i) are suitably trained on the safe and proper use of the Owner's Equipment;
(ii) qualified to use the Owner's Equipment;
(iii) hold current and valid Approvals which may be required by law or prescribed in the Listing;
(iv) wear suitable clothing and personal protective equipment, including as may be required or recommended by the Owner in the Listing or by the manufacturer of the Owner's Equipment; and
(v) are not under the influence of drugs or alcohol;
(c) display all safety signs and instructions as may be required by law, and ensure that all signs and instructions are observed by Personnel (if applicable);
(d) fulfil any requirements prescribed in the Booking Request in relation to the Owner's Equipment, including delivery and return collection, if applicable; and
(e) ensure that:
(i) any dangerous condition arising in relation to the Owner's Equipment during the Hire Period, and any damage to the Owner's Equipment during the Hire Period (other than Excused Damage and Fair Wear and Tear), is promptly reported to the Owner and rectified by the Hirer as quickly as possible;
(ii) any accident involving the Owner's Equipment is promptly reported to the Owner; and
(iii) the Owner's Equipment is returned clean, without any contamination, and otherwise in the same condition and good working order it was in when the Hirer took possession of it (excluding Fair Wear and Tear).
4.2. As between the Hirer and the Owner, the Hirer is solely responsibility for any loss, theft or damage to the Owner's Equipment during the Hire Period, except where any such loss, theft or damage arises directly and solely from the Owner’s actions or omissions.
5. Owner Delivery and Return Collection
5.1. Delivery arrangements and conditions are determined by the Owner and confirmed by the Hirer's making of the Booking Request.
5.2. If a Listing prescribes that the Owner is responsible for the delivery or return collection of the Owner's Equipment:
(a) subject to the Hirer's compliance with clause 5.1 the Owner will use its reasonable endeavours to:
(i) on the Hire Start Date and at (or as close to as reasonably possible) the time detailed in the Booking Request, deliver and unload the Owner's Equipment to the Delivery Point, and assemble and install the Owner's Equipment in accordance with any reasonable request by the Hirer in the Booking Request;
(ii) on or promptly following the Hire End Date within the business hours prescribed in the Booking Request, uninstall and disassemble the Owner's Equipment at the Collection Point in accordance with any reasonable request by the Hirer in the Booking Request, and load and remove the Owner's Equipment from the Collection Point; and
(iii) ensure all Personnel involved in the above activities are trained and competent in the operation of any machinery and/or equipment used in those activities; and
(b) the Hirer must do all things necessary to procure all access and (b) rights of entry to enable the Owner to perform its obligations under clause 5.2(a).
6. Hirer Self Pickup and Self Return
6.1. If a Listing prescribes that the Hirer is responsible for collecting or returning the Owner's Equipment:
(a) subject to the Owner's compliance with clause 6.3 the Hirer will use its reasonable endeavours to:
(i) on the Hire Start Date and at (or as close to as reasonably possible) the time detailed in the Booking Request, safely collect, load and transport the Owner's Equipment from the Delivery Point, in accordance with any request by the Owner in the Booking Request;
(ii) on or promptly following the Hire End Date within the business hours prescribed in the Booking Request, safely transport and return the Owner's Equipment to the Collection Point and safely unload the Owner's Equipment at the Collection Point, in accordance with any request by the Owner in the Booking Request; and
(iii) ensure all Personnel involved in the above activities are trained and competent in the operation of any machinery and/or equipment used in those activities; and
(b) the Owner must do all things necessary to procure all access and rights of entry to enable the Hirer to perform its obligations under clause 6.1(a).
6.2. If the Owner forms the view, acting reasonably, that the Hirer is unable to perform its obligations under clause 6.1(a) strictly in accordance with that clause, the Owner's Personnel may give an oral or written direction to the Hirer's Personnel to cease any activity associated with the obligations under clause 6.1(a) until:
(a) the correct machinery and/or equipment; and
(b) suitably trained and competent Hirer Personnel,
are procured and used to perform the obligations under clause 6.1(a). The Hirer must comply with any such direction at its own cost and risk.
6.3. If the Hirer fails to strictly comply with the timing requirements under clause 6.1(a), the Owner may give the Hirer a tax invoice requiring the Hirer to pay the Owner:
(a) any late return charges prescribed in the Booking Request; or
(b) if no late return charges are prescribed in the Booking Request, a daily late return charge calculated by the Owner acting reasonably by reference to the Hire Charges.
7. Condition Reports
7.1. No later than one Business Day before the Owner takes possession of the Owner's Equipment, the Owner will complete and provide the Hirer with a report that documents the general condition of the Owner's Equipment (including any attached tools, accessories or documentation, and the remaining life span of any major component of the Owner's Equipment which may require renewal during the Hire Period) as they will be made available to the Hirer (Starting Condition Report). If the general condition of the Owner's Equipment as it is made available to the Hirer differs from the description of the general condition in the Starting Condition Report, the Hirer may require the Owner to correct the Starting Condition Report.
7.2. When the Owner retakes possession of the Owner's Equipment (the Closing Report Time), the Hirer will provide the Owner with a report that documents the general condition of the Owner's Equipment as at the Closing Report Time (Closing Condition Report). If the general condition of the Owner's Equipment as at the Closing Report Time differs from the description of the general condition in the Closing Condition Report, the Owner may require the Hirer to correct the Closing Condition Report.
7.3. If the Closing Condition Report (compared with the Starting Condition Report) reveals that the Owner's Equipment has suffered damage during the Hire Period (excluding Excused Damage and Fair Wear and Tear), the Hirer will be responsible for that damage being made good. If that damage is not made good within two Business Days, the Owner may give notice to the Hirer electing to make arrangements for the damage to be made good. The Hirer will be responsible for all direct and verifiable costs and expenses incurred by the Owner in implementing those arrangements, which will be immediately payable on demand by the Owner.
8. Excused Damage and Major Servicing
8.1. If the Hirer discovers any Excused Damage or that Major Servicing is required, it must promptly notify the Owner and ensure that reasonable steps are taken to prevent damage (or further damage) to the Owner's Equipment that may result from the Excused Damage or the requirement for Major Servicing.
8.2. Promptly after the Hirer gives notice under paragraph 8.1, the Owner must procure the repair of the Excused Damage or the performance of the Major Servicing.
8.3. On and from the time when the Hirer gives notice under paragraph 8.1 until and including the date when the Excused Damage is repaired in full or the Major Servicing is performed in full and the affected Owner's Equipment is available for use by the Hirer:
(a) no hire or other charges will be payable in connection with the affected Owner's Equipment, and promptly following any reasonable request by the Hirer the Owner must, refund charges already paid in respect of that period; and
(b) the Owner will use reasonable endeavours to supply the Hirer with other Replacement Equipment in the Owner's possession that is not (or will not be) otherwise in use, and for the period while the Owner supplies the other Replacement Equipment the Hire Charges will be payable in respect of that Replacement Equipment.
9.Minor Servicing and fittings
9.1. The Hirer must ensure that Minor Servicing is carried out at its expense.
9.2. A Hirer may only fit items to the Owner's Equipment, which are required for the Hirer's site or operations specific requirements (including safety requirements) with the Owner’s written consent. Such items must be removed, and any damage caused by the fitting or removal rectified, prior to the Hire End Date.
10. Payment Terms
10.1. The Hire Charges must be paid in full by the Hirer, immediately upon the Owner accepting a Booking Request.
10.2. The Hirer must pay the Owner:
(a) the cost of any consumables, fuel or trade materials supplied by the Owner.
(b) if the Hirer does not strictly comply with clause 4.1(e)(iii), the Owner's cost of procuring the cleaning, repair or decontamination of the Owner's Equipment; and
(c) any reasonable costs incurred by the Owner if it is unable to inspect or carry out maintenance on the Owner's Equipment during normal working hours.
(d) the cost of credit card payment charges.
(e) all amounts levied by the Owner either:
(i) immediately upon provision of a tax invoice for the hire; or
(ii) in accordance with the terms of the tax invoice if longer terms are agreed; or
(iii) in accordance with the payment terms set out in the Schedule.
10.3 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of 2% per month, calculated daily.
10.4 If any tax invoice becomes overdue the Owner reserves the right to charge an administration fee of 500.00 per month.
10.5 The Hirer will pay the Owner’s costs and disbursements incurred in pursuing any recovery action or any other claim or remedy against the Hirer including collection costs, debt recovery fees and legal costs, resulting from the Hirer’s failure to make due payment.
11. Insurance
11.1. The Hirer must ensure that during the Hire Period, public liability insurance is maintained with respect to the Owner's Equipment for no less than the amount described in the Booking Request (but if no such amount is described, then for no less than $20,000,000) and noting the Owner as an insured.
11.2. If requested by the Owner, the Hirer must promptly provide a certificate of currency as evidence that paragraph 11.1 has been and is being complied with.
11.3. If the Owner makes an insurance claim under the insurance policy contemplated by paragraph 11.1, the Hirer must pay any insurance policy claim excess associated with the policy claim.
12. Warranties
12.1. The Hirer warrants that:
(a) it has all Approvals;
(b) it is not subject to any restrictions which may prevent it from entering into or performing the Booking Request;
(c) all its Personnel involved in the use of the Owner's Equipment and the performance of the Booking Request are competent, highly skilled and experienced in the roles they perform, and have all Approvals;
(d) it has provided the Owner with all material information relating to:
(e) any dangers associated with the Hirer's intended use of the Owner's Equipment; and
(f) the conditions necessary to ensure that all persons who properly use the Owner's Equipment during the Hire Period will not be exposed to hazards; and
(g) it is not a 'consumer' for the purposes of the Australian Consumer Law.
12.2. To the extent permitted by law, the Hirer agrees not to make, and waives any right it may have to make, any claim against the Owner under:
(a) the Australian Securities and Investments Commission Act 2001 (Cth) in relation to a breach of section 12DA of that Act; and
(b) the Australian Consumer Law or the corresponding provision of any state or territory enactment.
13. Risk
13.1. Risk in the Hired Equipment passes to the Hirer once the Hirer takes possession of the Hired Equipment from the Collection Point or Delivery Point. Risk in the Hired Equipment reverts to the Owner once the Owner takes possession of the Hired Equipment at the Return Collection Point.
13.2. Risk in any Replacement Equipment passes to the Hirer once the Hirer receives notice that it can take possession of the Replacement Equipment at the location nominated by the Owner (acting reasonably after having regard to any preferred location notified by the Hirer). Risk in any Replacement Equipment reverts to the Owner once the Owner takes possession of the Replacement Equipment at the location nominated by the Owner (acting reasonably after having regard to any preferred location notified by the Hirer).
14. Access to sites
14.1. If the Hirer or any of its Personnel enters premises owned, occupied, used or controlled by the Owner, the Hirer must ensure that all necessary measures are taken to ensure that such persons entering the premises protect people and property, avoid unnecessary interference with the passage of people and vehicles, prevent nuisance and unnecessary noise and disturbance, act in a safe and lawful manner, and comply with all relevant safety legislation and with the safety standards and policies applied by the Owner. The Owner will not be responsible for any damage done to the property of the Hirer or any of its Personnel or for any personal injury sustained by any of them occurring on the premises owned, occupied, used or controlled by the Owner. The Hirer unconditionally and irrevocably releases the Owner from that responsibility.
14.2. If the Booking Request is terminated, the Owner may take all steps necessary to recover the Owner's Equipment, including entering any location owned, occupied, used or controlled by the Hirer, and the Hirer consents to such entry. Provided the Owner acts in good faith, the Owner will not be responsible for any damage done to the property of the Hirer or any of its Personnel or for any personal injury sustained by any of them occurring on any premises owned, occupied, used or controlled by the Hirer which is entered by the Owner for the purposes described in this paragraph. The Hirer unconditionally and irrevocably releases the Owner from that responsibility.
15. Liability
15.1. The Hirer must immediately pay on demand to the Owner all liability, claims, damage, loss, costs and expenses (including legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against the Owner) incurred by the Owner or its Personnel in connection with damage to property, personal injury or claims by third parties in respect of the Hirer's possession, control or use of the Owner's Equipment or the Hirer's breach of the Booking Request. However, the Hirer's liability under the foregoing is diminished to the extent the Owner's breach of the Booking Request or negligence contributed to the liability, claims, damage, loss, costs or expenses.
15.2. The total aggregate liability of the Owner to the Hirer in connection with the Booking Request (including any condition or implied term), or any other obligation or any duty arising in connection with the Booking Request or the Owner's Equipment (including in respect of any duty of care for the purpose of the tort of negligence, breach of bailment or liability under statute) or otherwise, is limited to an amount paid by the Hirer to the Owner under the Booking Request.
15.3. Delay in or failure or performance by the Owner of the Booking Request does not constitute a breach of the Booking Request if and to the extent that the delay or failure is caused by a circumstance beyond the reasonable direct or indirect control of the Owner and without the fault or negligence of the Owner, including accident, fire, explosion, epidemic, strike, lockout, labour conditions, civil disturbance, riot, act of war, terrorist incident, cyclone, flood, storm or earthquake.
16. Entire agreement
16.1. Each Booking Request contains the entire agreement between the parties with respect to the hire of the Owner's Equipment. No prior or subsequent representation or agreement by any party (or their respective Personnel) will bind either of them in relation to the Booking Request, unless such representation or agreement is recorded in a physical written form that is signed by both parties. No terms or conditions contained on any invoice, delivery document, plant hire docket or the like provided by either party will have any effect in relation to the Booking Request, except to the extent the parties agree to amend the Booking Request to incorporate those terms or conditions, in the manner described above.
16.2. Nothing in these Standard Terms for Hire operates to exclude, restrict or modify any rights, entitlements, remedies and liabilities that may be implied by or imposed under any statute, the exclusion, restriction or contravention of which would contravene that statute or cause any of these Standard Terms for Hire to be void.
17. Termination for default
17.1. Either party may terminate the Booking Request with immediate effect if:
(a) the other party commits a material breach of any provision of the Booking Request and:
(i) the breach is not rectified within two Business Days of notification of the breach; or
(ii) the breach is not capable of remedy; or
(b) the other party ceases to carry on a business, is unable to pay its debts as they become due, is presented with a winding up petition or if any step is taken to appoint a receiver, receiver and manager, a trustee in bankruptcy, a provisional liquidator, a liquidator, or an administrator to its assets, operations or business.
17.2. Termination of the Booking Request does not affect any accrued rights or remedies of the parties.
18. GST
18.1. All Hire Charges, Handling Related Charges and other consideration referred to in the Booking Request are inclusive of GST.
18.2. The Hirer is not required to pay GST in connection with the Hire Charges, Handling Related Charges and other consideration until the Hirer has received a tax invoice from the Owner in respect of the taxable supply.
18.3. If an adjustment event occurs, the Owner must issue an adjustment note and a payment must be made as between the parties to reflect the adjusted amount of the GST on the taxable supply.
18.4. Italicised expressions used in this clause have the meaning given to them in the A New Tax System (Goods and Services Tax) Act 1999.
19. Notices
19.1. Notices, approvals, consents, demands, requests, directions and other communications between the parties relating to the Booking Request must be in writing in English and may be given by an agent of the sender.
19.2. In addition to any other lawful means, a communication may be given by being:
(a) personally delivered;
(b) left at the party’s current address for notices;
(c) sent to the party’s current address for notices by pre-paid post;
(d) sent by fax to the party’s current fax number for notices;
(e) sent by email to the party’s current email address for notices; or
(f) sent through short messaging system.
19.3. A party may change its particulars for delivery of notices by notice to the other party.
19.4. Any process or other document relating to litigation, administrative or arbitral proceedings relating to the Booking Request may be served by any method contemplated by this paragraph 18 or in accordance with any applicable law.
19.5. If posted, a communication is given two Business Days after posting (or seven Business Days after the date of posting if posted to or from a place outside Australia).
19.6. Subject to paragraph 21.8, a communication is given if sent by fax, when the sender’s fax machine produces a report that the fax was sent in full to the addressee. That report is conclusive evidence that the addressee received the fax in full at the time indicated on that report.
19.7. Subject to paragraph 21.8, a communication is given if sent by email, when sent by the sender unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee.
19.8. If a communication is given:
(a) after 5.00 pm in the place of receipt; or
(b) on a day which is not a Business Day, it is taken as having been given at 9.00 am on the next Business Day.
20. PPSA
20.1. Security interest acknowledgement
The Hirer acknowledges that:
(a) the Owner, or if a third party has title in the applicable Owner's Equipment, that third party (each a relevant secured party), has a security interest in the Owner's Equipment and in any proceeds derived from such Owner's Equipment;
(b) the relevant secured party, in its absolute and sole discretion, may register (itself or through an agent) on the register a financing statement or financing change statement in respect of any security interest contemplated by the Booking Request (with such expiry dates as the relevant secured party may determine acting reasonably having regard to the Hirer's rights and entitlements under the Booking Request); and
(c) the Hirer must provide the Owner with any reasonable information, in writing, that the relevant secured party reasonably requires for the purposes of effecting such registration.
20.2. Seizure
Without affecting the application of any other provision, the Hirer will be in default of the Booking Request for the purposes of section 123(1) of the PPSA if any other secured party:
(a) seizes the applicable Owner's Equipment (whether under PPSA, section 123 or otherwise) for the purposes of enforcement; or
(b) becomes entitled to seize the applicable Owner's Equipment; or
(c) attempts to seize, or asserts a right to seize the applicable Owner's Equipment.
20.3. Verification statements
For the purposes of section 157(3) of the PPSA, the Hirer hereby irrevocably and unconditionally waives its right to receive any notice from the relevant secured party in connection with the registration of a financing statement or a financing change statement in respect of the applicable Owner's Equipment.
20.4. Further assurances
The Hirer must take any action that the Owner reasonably requires to perfect or otherwise ensure the enforceability and priority of any security interest granted to it under the Booking Request, including, at the request of the Owner:
(a) obtaining and giving any consent;
(b) producing and providing any information or receipt (including serial numbers) in respect of the applicable Owner's Equipment;
(c) signing or procuring the signing of any document;
(d) facilitating registration of any security interest on the register;
(e) facilitating the giving of notice to any person, including any person who also has a security interest over the Hirer or the applicable Owner's Equipment; and
(f) facilitating the exercise of any right in enforcing any security interest that the Owner or any relevant third party may have.
20.5. Confidentiality
Each party agrees that:
(a) this paragraph 22 constitutes a confidentiality agreement for the purposes of section 275(6) of the PPSA;
(b) subject to paragraph 20.5(c), neither party will disclose information of the kind detailed in section 275(1) of the PPSA;
(c) the Hirer hereby authorises disclosure of such information by the Owner pursuant to section 275(7)(c) of the PPSA; and
(d) nothing in this paragraph 20 is intended to prevent disclosure where such disclosure is otherwise required under section 275 of the PPSA because of the operation of section 275(7) of the PPSA.
20.6. General provisions
(a) The Hirer must not, without the Owner's prior written consent, allow:
(i) the Owner's Equipment to become mixed or commingled with any other property; or
(ii) the Owner's Equipment to become an accession to any other property; or
(iii) any other property to become an accession to the Owner's Equipment.
(b) The Hirer undertakes not to change any of its details recorded in a financing statement registered by the Owner (including changing its ACN or any ABN allocated to a trust of which it is trustee or becoming the trustee of a trust) without giving the Owner five Business Days' prior notice.
(c) To the extent permitted by law, the parties contract out of sections 125, 132(3)(d), 142, 143 and (if permitted by section 115(7)) Part 4.3 (other than sections 123(1), 126, 128, 129(1), 133, 134(1), 136(1) and 136(2)) of the PPSA.
21. Assignments
Neither party may assign its rights under the Booking Request, except to a Related Body Corporate, without the prior written consent of the other party (which must not be unreasonably withheld or delayed).
22. Governing law
The governing law of the Booking Request is the law of the State of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland, and all courts competent to hear appeals from those courts. A provision or part of a provision of the Booking Request that is illegal or unenforceable may be severed from the Booking Request or the remaining part of the provision, and the remaining provisions or parts of the provision of the Booking Request will continue in force.
23. Waivers
The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived by a party by notice to the other party.
24. Interpretation
In these Standard Terms for Hire, unless the context requires otherwise:
24.1. A reference to a paragraph is a reference to a paragraph of these Standard Terms for Hire.
24.2. A reference to any legislation includes a reference to any proclamation, order, amendments or modification made under that legislation.
24.3. Headings are for reference only and do not affect the interpretation of the Booking Request.
24.4. References to monetary amounts are to Australian currency.
24.5. The singular includes the plural and vice versa.
24.6. The words “include” or “including”, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.
24.7. In paragraph 23, words and expressions that are not defined in the Booking Request but which are defined in the PPSA, have the defined meanings in the PPSA.
24.8. Applicable Codes and Standards means the codes, standards, regulations and requirements referred to or implied in any law, produced by Standards Australia Limited, or described in the Booking Request, in respect of operation, repair and maintenance of the Owner's Equipment.
24.9. Approvals mean all approvals, licences, permits, registrations and consents from any Authority which are necessary for the use of the Owner's Equipment during the Hire Period.
24.10. Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
24.11. Authority means any governmental or semi-governmental or local government authority, administrative or judicial body or tribunal, department, commission, public authority, agency, minister, statutory corporation or instrumentality.
24.12. Business Day means a calendar day, ending at 5.00 pm (AWST), other than a Saturday, Sunday or public holiday in Western Australia.
24.13. Booking Request means a booking request form completed by the Hirer to hire the Owner's Equipment, submitted via email or in person.
24.14. Closing Condition Report is defined in paragraph 7.2.
24.15. Closing Report Time is defined in paragraph 7.2.
24.16. Collection Point means the place specified as such in the Booking Request, or as otherwise notified by the Owner to the Hirer (acting reasonably after having regard to any preferred location notified by the Hirer).
24.17. Defect means any defect, fault, omission or other failure.
24.18. Delivery Point means the place specified as such in the Booking Request, or as otherwise notified by the Owner to the Hirer (acting reasonably after having regard to any preferred location notified by the Hirer).
24.19. Excused Damage means:
(a) a Latent Defect;
(b) Fair Wear and Tear which causes the Owner's Equipment to be incapable of safe or efficient use for its intended purpose;
(c) damage to the Owner's Equipment caused by acts or omissions which are strictly in accordance with the Booking Request; and
(d) damage to the Owner's Equipment which results from any of the matters described in sub-paragraphs (a) to (c) of this definition.
24.20. Fair Wear and Tear means the level of deterioration of the Owner's Equipment over the Hire Period when used, operated and maintained by the Hirer in accordance with the Booking Request that may be reasonably expected. This shall include superficial scratching or scuffing, chipping to paintwork and wear to parts that would normally be expected to wear, but does not include dents or other impact damage, damage to glass or instruments, panel damage, structural damage or damage to drive systems.
24.21. Handling Related Charges means the reasonable costs and expenses the Owner has incurred or will incur in connection with:
(a) the delivery, unloading, assembly, disassembly, loading or collection of Owner's Equipment in accordance with the Booking Request; or
(b) making the Owner's Equipment available for collection by the Hirer at the Delivery Point and the arrangements which enable the Hirer to return the Owner's Equipment to the Collection Point.
24.22. Hire Charges means the rate (or rates) expressly stated in the Booking Request which are payable to the Owner in respect of Owner's Equipment which is hired in accordance with the Booking Request.
24.23. Hire End Date means the date on which the hire of the Owner's Equipment will end as specified in the Booking Request, as otherwise notified by the Owner (acting reasonably after having regard to any preferred date notified by the Hirer) to the Hirer at least one day before the relevant date, or upon the termination of the Booking Request in accordance with paragraph 17.
24.24. Hire Period means the period from the Hire
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