About On The Skids

---

1. The Customer shall at all times keep the Equipment in good working order and condition and will not in any way, repair or alter the Equipment without the prior written consent of the Supplier. The Equipment must at all times, only be used in a safe, lawful and skillful manner, strictly in accordance with its intended use and all applicable laws and regulations.
2. The Customer further warrants to obtain all permits required to satisfy all legislation including but not limited to planning, environmental, health and safety laws.
3. The Customer shall be responsible for any and all loss, damage or theft to the Equipment for any reason whatsoever, including liability to pay the costs for the repair or replacement of that Equipment, except damage which in the Supplier’s sole and absolute discretion, is caused by reasonable wear and tear.
4. Any Equipment which is not able to be safely collected by the Supplier from the Site or which is not returned by the Customer to the Supplier at the end of the Hire Term, will be charged to the Customer as missing Equipment.

1. Ownership in and title to the Equipment remains with the Supplier at all times and under all circumstances.
2. The Equipment shall at all times, be taken to be personal property of the Supplier and not fixtures, despite having been connected to an electricity point, gas supply outlet, plumbing connection or another appliance or otherwise affixed to land owned or occupied by the Customer or a third party.
3. The Customers right to use the Equipment is as a bailee only.
4. The Customer is not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over or otherwise deal in any way with any of the Equipment.
5. Unless otherwise agreed by the Supplier, the Customer must identify and store the Equipment in a manner that clearly shows that it is the property of the Supplier.

1. The Rates for the applicable Hire Term shall be as set out in the Hire Documents.
2. The Rates for the use of the Equipment for the Initial Hire Period will be charged upon delivery and installation of the Equipment and will be due and payable by the Customer in accordance with the agreed payment terms.
3. Payment terms for hire of the Equipment are strictly cash on delivery (COD) unless the Customer has obtained an approved credit account with the Supplier.
4. If the Customer is a COD customer, valid credit card details must be supplied for additional charges and rehire amounts.
5. The Customer must object to any invoice, by notice in writing to the Supplier within 48 hours of the date of invoice, or the Customer is deemed to have accepted the invoice

1. The Supplier agrees to hire the Equipment to the Customer for its exclusive use for the Hire Term.
2. The Customer must notify the Supplier in writing no less than seven (7) days prior to the end of the Initial Hire Period, that it wishes to either: (a) cease hire of the Equipment at the end of the Initial Hire Period; or (b) extend the Hire Term,
3. Unless otherwise agreed pursuant to clause 2, the Hire Term will be automatically extended in successive monthly terms at the rates specified in the Hire Documents until the Customer complies with clause 2 or this Agreement is otherwise lawfully terminated.

1. The Supplier may terminate this Agreement and immediately repossess the Equipment in any of the following events: (a) the Supplier’s rights in the Equipment may or become prejudiced by any act or omission of the Customer. (b) the Customer is subject to an Insolvency Event; (c) the Customer breaches any provision of this agreement or fails to pay any amount owed to the Supplier on any account when such amount is due.

1. This Agreement constitutes a ‘Security Agreement’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”) and the Supplier’s interest in the Equipment constitutes a ‘security interest’ for the purposes of the PPSA.
2. The Customer agrees that the Supplier retains a Purchase Money Security Interest (“PMSI”) in the Equipment pursuant to this Agreement.
3. The Customer acknowledges that title to the Equipment always remains with the Supplier and consents to the supplier registering its PMSI interest in the Equipment.
4. The Customer irrevocably authorises the Supplier, its servants or agents, to enter upon any land or premises where the Equipment is present, whether or not by force, to recover possession of the Equipment and releases and indemnifies the Supplier, its servants or agents against all liability incurred, including to third parties, as a result of the Supplier exercising its rights pursuant to this clause.
5. To the extent permitted by PPSA the Hirer and the Owner agree that the following PPSA provisions do not apply to this Agreement: (a) Section 125 (obligation to dispose of or retain collateral); (b) Section 130 (notice of disposal), to the extent that a notice is required) (c) Section 132(3)(d) (contents of statement of account after disposal); (d) Section 132(4) (statement of account if no disposal); (e) Section 134 (2) (retention of collateral notice); (f) Section 135 (notice of retention); (g) Section 137 (persons entitled to notice may object to proposal); (h) Section 142 (redemption of collateral); (i) Section 143 (reinstatement of security agreement).

1. To better secure the Supplier, the Customer hereby charges any and all of its real property, wherever situate and existing at the date of this Agreement or acquired by the Customer after the date of this Agreement with all amounts that may be due and owing to the Supplier by the Customer on any account whatsoever.
2. The Customer consents to the Supplier registering the charge granted by clause #1 and executing its rights without further notice to the Customer.
3. The Customer hereby appoints any current director of the Supplier as its lawful attorney expressly for the purpose of executing any mortgage or other document necessary to perfect the security granted in clause 88.

1. Any notice required to be given to the Supplier pursuant to this Agreement must be sent to either the postal or email address published on the Supplier’s Website or stated in the Hire Documents.
2. Any notice required to be given to the Customer pursuant to this Agreement must be sent to either the postal or email address stated on the first page of this Agreement.
3. Notices are deemed to have been received: (a) In the case of notices sent in the post, 3 days after they have been posted by the sending party; and (b) In the case of notices sent by email, the same day that the email was sent by the sending party.

1. If any provision of this Agreement becomes unenforceable for any reason, then that provision shall be severed, and the remaining parts of the agreement shall be binding on the parties.

This Agreement is governed by the law of Queensland and the Parties submit to the non-exclusive jurisdiction of the courts of Queensland.

1. The Supplier may amend the terms of this Agreement by: (a) Giving the Customer notice in writing, including a copy of the amended terms; or (b) Notifying the Customer that amended terms are available for review on the Suppliers Website.
2. In either case, the amended terms will apply to this agreement mutatis mutandum on and from the expiration of 30 days after the notice is given.

1. The Customer may not transfer or assign its rights and obligations pursuant to this Agreement without the written consent of the supplier.
2. The Supplier may assign, transfer or novate its rights and obligations pursuant to this Agreement with or without notice to the Customer.