1.1 These Terms apply to every hire of elevating work platforms and associated equipment, including keys, chargers, harnesses and accessories (Equipment), by Zeno Hire Pty Ltd trading as Be Up Hire (Be Up Hire, we, us) to the customer identified on the account application, quotation, booking confirmation, delivery docket or invoice (Hire Docket) (Hirer).
1.2 The Hirer accepts these Terms by signing them, placing or confirming an order, accepting a quotation, making payment, taking delivery or possession of, or using the Equipment. Once accepted, these Terms apply to all future hires unless otherwise agreed in writing.
1.3 A purchase order, subcontract or other terms issued by the Hirer do not override or amend these Terms unless Be Up Hire expressly agrees in writing. If the Hirer hires Equipment for use by another person, contractor or entity, the Hirer remains responsible for compliance with these Terms.
1.4 Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation (Non-Excludable Rights).
1.5 Unless stated otherwise, all prices and charges are exclusive of GST.
2.1 Hire commences when the Equipment leaves our depot or other place of dispatch and continues until the Equipment is properly off-hired in accordance with clause 12.
2.2 Minimum hire is one day unless otherwise agreed.
2.3 Hire charges continue throughout the Hire Period whether or not the Equipment is used, including weekends, public holidays, bad weather, site shutdowns or delays outside our control, except where hire charges are suspended under clause 8.
2.4 Transport, fuel, Damage Waiver, waiting time, cleaning, call-outs and other applicable charges shown in the quotation, Hire Docket or Schedule of Charges are payable in addition to hire charges.
2.5 A booking may be cancelled free of charge up to 72 hours before the hire is due to commence, and any amounts paid for that hire will be refunded in full. If a booking is cancelled less than 72 hours before the scheduled commencement, the applicable minimum hire charge may be charged. If a booking is cancelled after the Equipment has been dispatched, the Hirer may be charged both transport legs and the applicable minimum hire charge. Transport charges are non-refundable once incurred.
2.6 Unless otherwise stated, quotations are valid for 30 days. We may supply Equipment of equivalent or greater capability where reasonably necessary, provided the agreed hire rate is not increased without the Hirer's agreement.
3.1 Approved account customers must pay invoices within the agreed account terms shown on the invoice or account application. Unless otherwise agreed, account terms are 14 days from invoice date. Non-account customers must pay before dispatch and may be required to provide a security deposit or card pre-authorisation.
3.2 Long-term hires may be invoiced weekly, fortnightly or every 28 days as stated on the Hire Docket or invoice.
3.3 Any genuine invoice dispute must be raised in writing within 7 days of receipt of the invoice, identifying the amount and reason disputed. Undisputed amounts remain payable when due.
3.4 Overdue amounts may incur interest at the rate applicable under the Penalty Interest Rates Act 1983 (Vic), together with reasonable costs actually incurred by us in recovering overdue amounts, including reasonable collection and legal costs.
3.5 CARD AUTHORITY: Where the Hirer provides a credit or debit card as security or for payment, the Hirer authorises Be Up Hire to charge that card for amounts properly due under these Terms, including overdue hire charges, agreed transport charges, fuel, cleaning, Damage Waiver or excess, lost accessories, Hirer-caused call-outs and repair or damage charges. We will provide an invoice or other reasonable details of any additional charge. This authority continues until all amounts arising from the relevant hire have been paid.
3.6 If an account is overdue, we may suspend further supply and, where reasonably necessary, recover Equipment currently on hire in accordance with clause 13.
4.1 Delivery and collection times are estimates.
4.2 The Hirer must provide safe and reasonably clear access to the site and firm, level ground capable of supporting our transport vehicle and the Equipment. The Hirer is responsible for site permits, inductions and traffic management and must tell us before delivery about pits, suspended slabs, soft ground, underground or overhead services, restricted access and other known hazards that may affect safe delivery or collection.
4.3 Our driver may refuse to enter, unload, load or collect where they reasonably consider conditions unsafe.
4.4 Reasonable waiting time and failed delivery or collection charges may apply where access is unavailable, unsafe or materially different from the information supplied by the Hirer.
4.5 If the Hirer transports or tows Equipment, it must use a suitable vehicle, appropriately licensed driver and compliant load restraint. The Hirer is responsible for loss or damage occurring during transport arranged or performed by the Hirer.
4.6 Equipment is inspected for operating function before dispatch. The Hirer must inspect the Equipment on delivery and report any apparent damage or fault as soon as reasonably practicable and, where possible, before first use. Unless reported within 2 hours of delivery, the Equipment will be presumed to have been delivered in the condition recorded by our pre-hire inspection and photographs, subject to any defect that could not reasonably have been identified during that period.
4.7 Delivery and collection photographs, inspection reports, hour-meter readings and telematics records may be used as evidence of the Equipment's condition, location and use.
5.1 While Equipment is on hire, the Hirer controls its operation and must ensure it is used in accordance with applicable Victorian occupational health and safety legislation, applicable Australian Standards including AS 2550.10 where relevant, the manufacturer's instructions and applicable site rules.
5.2 Every operator must be appropriately trained, competent and familiarised with the Equipment and must hold any licence required by law, including a High Risk Work Licence with the appropriate WP class where required. Operators must not operate Equipment while impaired by alcohol, drugs or fatigue.
5.3 Harnesses and other fall-protection equipment must be used where required by legislation, applicable standards, manufacturer instructions or site requirements.
5.4 The Hirer must ensure appropriate pre-start inspections are performed; appropriate risk assessments, emergency procedures and rescue arrangements are in place; exclusion zones are established where necessary; and ground or floor capacity and overhead hazards are assessed before use.
5.5 The Hirer must comply with applicable electrical No Go Zone requirements and must not operate Equipment outside its manufacturer's wind rating or operate indoor-only Equipment outdoors.
5.6 The Hirer must not: (a) exceed the rated platform capacity; (b) use the Equipment as a crane or hoist unless specifically designed for that purpose; (c) attach signs, sheeting or other items that materially increase wind loading; (d) climb or stand on guardrails or use ladders or other devices to increase working height from the platform; (e) disable or interfere with safety devices, alarms, limit switches or telematics; (f) operate Equipment on a public road unless legally permitted and authorised by us; (g) repair, modify or alter the Equipment without our written approval; (h) use the Equipment for a purpose for which it was not designed; or (i) weld from the Equipment unless appropriate precautions are taken and the welding earth is connected to the workpiece and never through the Equipment.
5.7 When unattended, Equipment must be lowered, parked safely, switched off and reasonably secured against unauthorised use.
5.8 Any accident, tip-over, electrical contact, significant impact, damage or safety-related incident must be reported to us immediately. The Equipment must not be used again following a significant safety incident until it has been inspected or its continued use authorised by us.
6.1 The Hirer must take reasonable care of the Equipment throughout the Hire Period.
6.2 Electric Equipment must be charged as required using the supplied or approved charger. Damage caused by failing to charge, incorrect charging or avoidable deep discharge may be charged to the Hirer.
6.3 Fuel-powered Equipment must be returned at the agreed fuel level. Refuelling charges shown in the Schedule of Charges apply where required. Damage caused by incorrect fuel is chargeable to the Hirer.
6.4 Equipment must be returned reasonably clean. Additional cleaning or contamination removal required because of paint, concrete, render, adhesive, chemicals or similar substances may be charged at the applicable rate.
6.5 Damage beyond fair wear and tear to tyres, wheels, glass, controls, batteries, electrical leads, chargers, keys, harnesses and other accessories may be charged to the Hirer where the damage occurred while the Equipment was at the Hirer's risk.
7.1 Equipment must remain at the delivery site identified on the Hire Docket and within Victoria unless we first consent to relocation in writing.
7.2 Title to the Equipment remains with Be Up Hire or the Equipment's owner at all times. The Hirer obtains possession only and must not sell, assign, sub-hire, lend, pledge, mortgage, encumber or otherwise dispose of the Equipment without our prior written consent.
7.3 The Hirer must immediately tell us if any person attempts to seize, take possession of or claim an interest in the Equipment.
7.4 We may, on reasonable notice where practicable, enter a site where the Equipment is located to inspect, service or recover it where we are entitled to do so under these Terms. The Hirer must obtain any permission reasonably required from the site owner, occupier or head contractor.
7.5 The Hirer consents to our reasonable use of GPS, hour-meter and telematics information for locating, protecting, maintaining and managing the Equipment and administering the hire.
7.6 To the extent these Terms create a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA), the Hirer consents to Be Up Hire registering and maintaining that interest on the Personal Property Securities Register (PPSR).
7.7 The Hirer must provide information and execute documents reasonably required to protect or perfect our security interest and must notify us before changing its legal name, ABN/ACN or other details in a way that could affect a registration.
7.8 To the extent permitted by the PPSA, the Hirer waives its right to receive a verification statement under section 157 and the parties contract out of those provisions of Chapter 4 of the PPSA which may lawfully be excluded and which are identified in any applicable PPSR documentation.
8.1 If Equipment breaks down, develops a fault or becomes unsafe, the Hirer must stop using it where continued operation may cause damage or create a safety risk, secure or tag it out where appropriate, and contact Be Up Hire as soon as practicable. The Hirer must not attempt repairs without our approval.
8.2 During normal business hours, we will use reasonable endeavours to inspect, repair or replace Equipment as soon as reasonably practicable.
8.3 If a breakdown is caused by an inherent Equipment fault and not by the Hirer, hire charges for the affected Equipment will be suspended from the time the fault is reported until the Equipment is repaired, replaced or otherwise made available for use, subject to any Non-Excludable Rights.
8.4 If the breakdown results from misuse, impact damage, avoidable battery discharge, incorrect fuel, unauthorised modification or another act or omission of the Hirer, hire charges continue and reasonable call-out, transport, parts and repair charges may apply.
9.1 The Equipment is at the Hirer's risk from delivery until physically collected or returned to and accepted by Be Up Hire, including any period after the Equipment has been off-hired but is awaiting collection.
9.2 Subject to clause 10 and any Non-Excludable Rights, the Hirer is responsible for loss of or damage to the Equipment while it is at the Hirer's risk, except fair wear and tear and loss or damage caused by our negligence or breach.
9.3 Where the Hirer is responsible for loss or damage, reasonable recoverable costs may include: (a) inspection and recovery costs; (b) parts and labour required to restore the Equipment to its pre-hire condition; (c) where the Equipment is lost, stolen or reasonably determined to be uneconomic to repair, the reasonable replacement value of equivalent Equipment; and (d) reasonable loss of hire actually suffered while damaged Equipment is unavailable for hire, having regard to the circumstances and the time reasonably required to repair or replace it.
9.4 We will take reasonable steps to mitigate recoverable loss.
9.5 Theft or suspected theft must be reported to us immediately and to Victoria Police as soon as reasonably practicable. The Hirer must reasonably assist with any police report, insurance claim and recovery action.
9.6 Hire charges continue following theft until the Equipment is recovered or the Hirer's liability for its loss is otherwise resolved, subject to clause 10 and applicable law.
10.1 Damage Waiver is available where elected on the Signature Page or Hire Docket and the applicable Damage Waiver fee has been paid. Damage Waiver is not insurance.
10.2 Where Damage Waiver applies, the Hirer's liability for accidental physical loss of or damage to the Equipment is limited to the applicable Excess for each incident and each affected item, subject to the exclusions in clause 10.3.
10.3 Damage Waiver does not apply to loss or damage arising from: (a) deliberate, reckless or grossly negligent conduct; (b) operation by a person who is not appropriately trained, competent or licensed where required; (c) operation while impaired by alcohol or drugs; (d) overloading or use contrary to the manufacturer's rated capacity; (e) operation above the Equipment's rated wind speed; (f) use on ground or a surface that the operator knew or reasonably should have known was unsuitable; (g) electrical contact; (h) theft where reasonable steps were not taken to secure the Equipment or the theft was not reported as required by clause 9; (i) transportation undertaken or arranged by the Hirer; (j) misfuelling; (k) unauthorised repair, modification or interference with safety systems; (l) moving Equipment from the agreed site without consent; or (m) contamination or damage specifically identified in the Schedule of Charges as excluded from Damage Waiver.
10.4 Damage Waiver does not cover personal injury, third-party property damage, fines, penalties or other liabilities unrelated to physical loss of or damage to the Equipment.
10.5 Commercial Hirers must maintain public liability insurance of at least $20 million and workers compensation insurance where required by law.
11.1 Nothing in these Terms excludes or limits any Non-Excludable Right.
11.2 To the extent permitted by law and subject to clause 11.1, where a statutory guarantee or other right permits limitation of liability, our liability is limited, at our option, to repairing or replacing the Equipment, supplying the relevant services again, or paying the reasonable cost of doing so.
11.3 To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of production, contractual penalties or liquidated damages imposed on the Hirer by another party, except to the extent such loss cannot lawfully be excluded.
11.4 The Hirer indemnifies Be Up Hire against third-party claims, property damage, injury, fines, tolls and reasonable costs arising from the Hirer's possession, operation or transport of the Equipment or breach of these Terms, but only to the extent the loss was caused or contributed to by the Hirer or a person for whom the Hirer is responsible.
12.1 To off-hire Equipment, the Hirer must notify Be Up Hire by phone, email or another method nominated by us and provide sufficient information to identify the Equipment and its collection location. We will provide an off-hire confirmation or reference.
12.2 Unless another arrangement has been agreed, where off-hire is received before 12:00 pm on a business day, ordinary hire charges end at the end of that business day. Where received after 12:00 pm, ordinary hire charges end at the end of the following business day.
12.3 Off-hire stops ordinary hire charges in accordance with clause 12.2 but does not transfer possession or risk back to Be Up Hire. Until physically collected or returned, the Hirer must continue to keep the Equipment safe, secure and reasonably protected from loss or damage.
12.4 Equipment awaiting collection must be lowered, switched off, reasonably clean, charged or fuelled as applicable, complete with accessories and safely accessible to our transport vehicle.
12.5 If collection cannot reasonably be completed because the Equipment is inaccessible, unsafe to collect or not at the agreed location, a reasonable failed collection charge may apply. If the Hirer continues to use the Equipment after off-hire or prevents collection for reasons within its control, hire charges may recommence until it becomes available for collection.
12.6 We will endeavour to notify the Hirer of identifiable damage, missing items or extraordinary cleaning charges within 5 business days after collection. Latent damage that could not reasonably have been identified during that period may be notified after inspection.
13.1 We may suspend supply, terminate a hire and recover Equipment where: (a) an undisputed amount remains materially overdue after notice requiring payment; (b) the Hirer commits a serious safety breach; (c) the Equipment is being used unlawfully or in a manner creating an immediate risk of serious injury or significant Equipment damage; (d) the Hirer unlawfully sells, sub-hires, disposes of or encumbers the Equipment; (e) another material breach is not remedied within 3 business days after written notice where the breach is capable of remedy; or (f) the Hirer becomes insolvent, subject to applicable insolvency laws.
13.2 Where we are entitled to recover Equipment, the Hirer must provide reasonable access to the Equipment and obtain any consent reasonably required from the site owner or occupier.
13.3 Following termination, all properly invoiced amounts due for the hire become payable in accordance with the applicable payment terms, together with reasonable recovery costs for which the Hirer is responsible.
13.4 The Hirer may end an individual hire at any time by following the off-hire procedure in clause 12, subject to any minimum hire period expressly agreed for that hire.
14.1 The Hirer is responsible for tolls, parking charges, traffic infringements and other fines arising from its use of the Equipment, together with any reasonable administration fee disclosed in the Schedule of Charges.
14.2 Where permitted by law and with any required consent, we may obtain and use credit information reasonably necessary to assess or administer a commercial credit account and may provide relevant information to debt collection providers in accordance with applicable privacy laws.
14.3 We may update these Terms or the Schedule of Charges by giving at least 30 days' written notice. Changes do not retrospectively alter charges or obligations already fixed for an existing agreed hire period. If a change materially disadvantages the Hirer in relation to future hires, the Hirer may close its account before the change takes effect without penalty.
14.4 We may assign these Terms as part of a genuine sale or transfer of our business. We will give reasonable notice where practicable.
14.5 Notices may be sent electronically to the most recent email address or contact details provided by the parties.
14.6 If any provision of these Terms is invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue.
14.7 These Terms and related documents may be signed electronically.
14.8 Victorian law governs these Terms and the parties submit to the courts and tribunals having jurisdiction in Victoria.
15.1 Damage Waiver (optional, not insurance — see clause 10): fee of 10% of the hire charges (ex GST). Where accepted, the Hirer’s liability for accidental physical loss or damage is limited to the applicable Excess per incident, per item: electric scissor lifts and vertical/mast lifts $500; rough terrain scissors, Athena bi-levelling and trailer-mounted units $1,000; boom lifts (knuckle and straight) $2,000 — all ex GST, subject to the exclusions in clause 10.3.
15.2 Schedule of Charges (all ex GST; charged only where the circumstance arises): delivery and collection as quoted for the job; waiting time $95 per hour pro-rata after the first 15 minutes; failed delivery or collection — one transport leg at the quoted rate; additional cleaning or contamination removal (paint, concrete, render, adhesive, chemicals) $95 per hour, minimum 30 minutes; refuelling of fuel-powered Equipment — fuel at cost plus $25 service fee; Hirer-caused call-out $120 during business hours plus transport where the Equipment is returned to the depot; lost or unreturned items at replacement cost (typical: key $25, battery charger $250–$400, harness $150); tolls, parking and traffic infringement administration fee $35 per event; card payment surcharge at cost at the rate applied by our payment provider; overdue interest per clause 3.4.
