Privacy Policy
At Bradys Hire , we recognise the importance of protecting the privacy of the personal information we collect from our customers and prospective customers. We are committed to and bound by the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (as amended).
This statement discloses what information we collect and how we use, disclose and store your personal information, as well as how you can contact us and get access to your information. Our privacy policy applies to all your dealings with us whether the dealing is through your personal visits to our branches, by telephone, mail, or our website.
What personal information do we collect, and how do we get it?
We collect your personal information from our hire agreements, our credit forms, or what you tell us or show us when you telephone us, visit our branches, or browse on our website. We also collect personal information from credit reporting agencies and from searches we conduct, including the PPS Register.
When you are making enquiries about our products and services, we will usually ask you for your name, your contact details including your phone number, address, and email address. This helps us to contact you to answer your enquiries.
When you hire any equipment from us, we will request that you supply us with some or all of the following:
Your name, street address, (and in some circumstances proof of address, email address, telephone, mobile and facsimile numbers, your company or business name to identify you, and for us to contact you.
Details of your Drivers Licence, or passport, or a photocopy or digital image of it, so that we can confirm your identity, your residence, and (where applicable) your legal right to drive one of our vehicles (for some equipment other than vehicles, we may also require details of relevant licences or operator competency certificates).
Your credit card details for the purpose of paying for your hires and purchases from us may be tokenised, and if so, the token will vest in and remain the property of Bradys Hire Hire at all times.
If you apply for a credit account with us, we may ask for the above information, as well as:
your bank account details;
trade references to allow us to assess your background; and
if you are a company, name and address details of all directors of the company.
We do not seek to collect any sensitive information about background, political beliefs, etc.
What do we use this personal information for?
All information sought is required for our business purposes, which includes:
Responding to your enquiries or requests.
To provide you with the equipment you wish to hire, and other products and services.
To help us to identify other products and services that might be beneficial to you, and to inform you about them and items of interest.
To evaluate the needs of our customers and to develop new products.
Internal accounting and administration.
To protect you and us from fraud.
Direct marketing.
Setting up an account.
When you visit our website, we may collect the above information from you if you provide it to us. We may also collect logging information about website activities (e.g. date and time of visits, the number of pages viewed, your operating system, etc) using “cookies”, as commonly used by most other websites. A cookie is a packet of information that allows the hosting computer to identify and interact with you. The cookies do not identify any personal information but may provide us with statistical information that we can use to analyse our services. If your computer does not allow the placement of cookies, your navigation on our website may be restricted.
Bradys Hire also uses Google Analytics to collect and process information. Including Google Analytics Advertising Features
to track location and device data, website product impressions, purchase funnel behaviour and traffic and engagement. We use identifiers such as the Google Analytics cookie and the Google advertising cookie to deliver targeted and personalised advertising. If you would like to opt out of Google Analytics interest based advertising you can do so by updating your Google privacy and personalisation settings. For further details please view “How Google uses data when you use our partners’ sites or apps” located at https://policies.google.com/ technologies/partner-sites
Your personal information may be shared with any members of the Bradys Hire Hire Group of Companies.
We assume we have your consent to use your personal information for the above purposes, in particular, for the purposes of sending information to you about our products and services, unless you advise us not to.
If you do not want us to contact you or send you information, please let us know by emailing transport@bradystransport.com or by selecting the unsubscribe link on relevant communications.
What equipment data do we collect, how do we get it and what do we use it for?
Bradys Hire’ equipment, vehicles and tools (Equipment) may contain
on-board devices (each a GPS Device) which enable the Equipment to be connected to the internet and to send commands to and receive certain information from the Equipment, including geolocation data from a global positioning system and other data including but
not limited to speed, battery voltage and ignition status of such Equipment.
By hiring any Equipment from us you expressly agree to Bradys Hire using a GPS Device on such Equipment during the rental period, and to us collecting, using and retaining information from the GPS Device, and that Bradys Hire is the owner of that data.
Information from the GPS Device may be used:
to notify us that the Equipment requires maintenance or servicing;
to provide information to the police or other authorities in the event that the Equipment is stolen, is not returned at the end of the hire period or is being used unlawfully;
in the event of an accident or incident relating to the Equipment during the hire period, e.g. to verify the location of the Equipment at the time of the alleged accident or incident;
to identify the exact location of the Equipment in the event of a reported breakdown and to provide that location to breakdown responders;
to identify whether the Equipment is being used in an area prohibited under the hire contract conditions or in a manner that does not comply with manufacturer’s specifications or the terms of hire; and
for any other purpose permitted under the Privacy Act or any other law.
Opting Out
You may opt out of receiving promotional materials from us, by emailing transport@bradystransport.com or by selecting the unsubscribe link on relevant communications.
Disclosure of your information to parties outside the Bradys Hire Group
As a general principle, Bradys Hire will not provide any unrelated party (including any overseas recipients) with any personal information it has collected about you. Exceptions may
occur where:
Bradys Hire believes in good faith that you have consented;
we use external service providers e.g. mailing houses to mail promotional material to you. The information will be provided to our external service providers on a confidential basis for the purposes of our business only, and we will take reasonable steps to ensure that it is dealt with according to the same high standards as we use;
a law enforcement agency, or other government agency, is exercising its legal authority and has asked Bradys Hire to provide access to that information;
you are in default of a hire contract or other contractual commitment to us, in which case we may need to release your details and the relevant history of your transactions with us to our legal advisers, debt collection agencies, credit reference bodies, or industry associations; or
we are asked to share that information with a credit bureau or reporting agency, and
Other than the purposes above, we will not disclose your information unless with your express consent, or as required or authorised by law.
Protecting your personal information
We store information in different ways, including hard copies and electronic form. We take all reasonable care to ensure that the personal information about you is protected from loss, misuse or alteration. We also have electronic security systems in place to protect your personal information transmitted through our website.
Gaining access to your personal information
You have a right to access the personal information we store about you. If you wish to access your information, please write to us (our contact details are at the end of this statement). Subject to verification of your identity, we will provide you with access to any information we are holding about you as soon as practicable. We may charge you the reasonable costs of processing your request.
Keeping your personal information accurate and up to date
If you believe that the information we hold about you is inaccurate, incomplete, or out of date, please let us know, and we will take reasonable steps to correct it. If we do not agree that there are grounds for amendments, then we will follow the procedures set out in the APPs.
Dealing with us
You can refuse to provide us with your personal information if you are making general inquiries about our products and services. However, we may not be able to answer your requests in some cases, or conduct business with you, if you refuse to disclose the personal information that we require.
Contacting us
To obtain more information about our privacy policy and how we manage your personal information, please call (0351432681 ) ) bradystranpsort.com
If you have any complaint about the effect of our Privacy Policy on you or a suspected or actual breach of the APPs by us, please write to us directly for the personal attention of our Privacy Officer, at the same address. Your complaint will then be considered and we will endeavour to provide you with a written response within 30 days of receipt of your complaint. If you are not satisfied with the outcome of your complaint, please notify the Privacy Office in writing. You may also refer your complaint to the Office of the Australian Information Commissioner at https://www.oaic.gov. au/about-us/contact-usHire Contract Conditions
Note to customer - You should read these Hire Contract Conditions very carefully. They contain terms and conditions which may impact you, including that;
the liability of Bradys Hire to its Customers is excluded in some circumstances; and
Customers may be liable for damage to goods that are hired by them, and for damage to goods or property owned by a third party; and
Bradys’ Privacy Policy permits Bradys Herein some circumstances and subject to compliance with Australian Privacy Principles to provide data about a Customer, or data provided by a Customer, to a third party in a form that may enable the third party to identify the Customer.
These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by Bradys Hire and the Customer in writing. Bradys Hire agrees to hire Equipment to the Customer on terms set out in this document. If the Customer wishes to hire Equipment, Bradys Hire will issue to the Customer a Hire Schedule, setting out the terms of the hire of that Equipment. Each Hire Schedule is not a separate contract but forms a part of this Hire Contract between Bradys Hire and the Customer, together with any credit application, guarantee and indemnity or other contractual documents. The Customer agrees to receive hire schedules and all associated documentation by electronic means, or by printed or other form where electronic means are not available. The Customer must check the Hire Schedule on receipt and unless the Customer notifies Bradys Hire before collection of the Equipment that it disagrees with anything in the Hire Schedule, the terms of the Hire Schedule are accepted by the Customer. Bradys Hire may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.
Amendment: These Hire Contract Conditions may be changed by Bradys Hire from time to time by Bradys Hire giving notice of the amendment to the Customer. Notice is deemed given when Bradys Hire does any of the following:
sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer;
publishes the amended terms on its website or
displays the amended terms at premises from which Bradys Hire conducts hire operations.
Changes to these Hire Contract Conditions will only apply to Hire Schedules entered into after the change has been notified to the Customer by one of the methods mentioned above.
Bradys Hire will:
2.1 Allow the Customer to take and use the Equipment for the Hire Period;
2.2 Provide the Equipment to the Customer clean and in good working order;
2.3 Collect the Equipment within five days of being requested to do so by the Customer and issuing to the Customer a customer pick up number.
Note to customer: You must return the Equipment at your expense when due back unless you obtain a customer pick up number from Bradys.
INTERPRETATION OF WORDS IN THIS CONTRACT;
COMMENCEMENT – The date and time when the Customer takes possession of the Equipment.
EQUIPMENT – Means any kind of equipment, machinery, vehicles, tools or other items whatsoever, which may be available for hire from Bradys, and includes parts and accessories.
CUSTOMER – refers to the person, firm, organisation, partnership, corporation or other entity (including a trust) hiring the Equipment from Bradys Hire as identified in the Credit Application or Hire Schedule.
EXCESSIVE CLEANING - Means any cleaning, in addition to a basic wash and wipe, required to return the Equipment to the condition immediately prior to the hire, excluding fair wear and tear. Excessive Cleaning includes but is not limited to removal of paint stains, resins, concrete, grout and cement.
HIRE CHARGE – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.
HIRE PERIOD – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if Bradys Hire agrees. Bradys Hire may issue an amended Hire Schedule for any extension of the Hire Period.
HIRE SCHEDULE – Means a document in such form as Bradys Hire shall require, setting out the terms of the hire of Equipment, including the particulars of the Equipment and the Hire Period and such other information as Bradys Hire may decide to include.
BRADYS HIRE– The company or companies listed on the Hire Schedule.
KILOMETRE CHARGE – The amount shown in the Hire Schedule payable for the kilometres that a Motor Vehicle has, in the reasonable opinion of Bradys, travelled during the Hire Period.
MOTOR VEHICLE – A truck or utility but not any other equipment such as a scissor lift, trailer or skid steer loader.
PORTABLE BUILDING – Any relocatable, demountable, containerised, transportable building including complexes that is designed to be moveable.
REMOTE AREA – Any location which is more than 50 kilometres from the Bradys Hire branch from where the Equipment is hired
EXCESSIVE CLEANING - Means any cleaning, in addition to a basic wash and wipe, required to return the Equipment to the condition immediately prior to the hire, excluding fair wear and tear. Excessive Cleaning includes but is not limited to removal of paint stains, resins, concrete, grout and cement.
Mud/clay
Obligations of the customer
The Customer must:
3.1 Deliver the Equipment to Bradys Hire when it is due back;
3.2 Return the Equipment to Bradys Herein good repair;
3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes;
3.4 Notify Bradys Hire when the Equipment is available for collection;
3.5 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Bradys Hire or posted on the Equipment;
Note to customer: You MUST advise Bradys Hire if you require any further instruction on the operation and safe use of the Equipment.
3.6 Indemnify Bradys Hire for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;
3.7 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised;
3.8 Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed;
3.9 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;
3.10 Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, or accept responsibility for items loaded and/or secured by Bradys Hire and indemnify Bradys Herein respect of any injury and/or damage caused by items
falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer;
3.11 Operate the Equipment with an adequate motor vehicle and/or power source safely in accordance with the manufacturers operating instructions and applicable law;
3.12 Report and provide full details to Bradys Hire of any accident or damage to the Equipment as soon as practicably possible and not more than two business days of the accident or damage occurring;
3.13 Sign any documentation requested by Bradys Hire at such intervals as reasonably stipulated by Bradys, to confirm the Customer’s acceptance of these Hire Contract Conditions;
3.14 Assist and co-operate fully and promptly with Bradys Hire and/or its insurer in the investigation, settlement or defence of any claim or matter relating to a Hire Schedule on which the Customer is named;
3.15 Remain responsible for the care and safekeeping of the Equipment until collected by or delivered back to Bradys.
The Customer must NOT:
3.16 Tamper with, damage or repair the Equipment;
3.17 Lose or part with possession of the Equipment;
3.18 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;
3.19 Allow any person to drive a Motor Vehicle if the person:
(a) does not hold a suitable licence to drive that class of Motor Vehicle; or
(b) is affected by drugs and/or alcohol.
3.20 Exceed the recommended or legal load and capacity limits of the Equipment;
3.21 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
3.22 Exceed the recommended or legal speed limit for the Equipment.
4. Payments by the customer to Bradys
4.1 On or before Commencement (or as otherwise specifically agreed with Bradys), the Customer will pay the Hire Charge.
4.2 Immediately on request by Bradys, the Customer will pay:
(a) the new list price of any Equipment which is for whatever reason not returned to Bradys
Note to customer: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment.
(b) all costs incurred in Excessive Cleaning of the Equipment or the cleaning fee as stipulated on the Hire Schedule;
(c) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;
(d) GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer’s use of the Equipment;
(e) all costs incurred by Bradys Herein recovering possession of the Equipment;
(f) Interest for late payment of amounts owing by the customer, at the pre-judgement interest rate set by the Local Court of VIC from time to time;
(g) the Kilometre Charge;
(h) the cost of fuels and consumables provided by Bradys Hire and not returned by the Customer;
(i) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by Bradys Herein enforcing this Contract due to the Customers default;
(j) all costs of repairing or replacing tyres, including road service;
(k) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract;
(l) Loading costs when equipment hired with an hour meter is used in excess of 8 hours per day;
(m) Hire fees for the period from the commencement of the hire until the Equipment is returned or a customer pick up number is obtained from Bradys; and
(n) All non-recoverable costs incurred by Bradys Herein the provision of Equipment and/or services due to cancellation or postponement by the Customer.
4.3 Without limiting the ability of Bradys Hire to recover all amounts owing to it, the Customer authorises Bradys Hire to charge any amounts owing by the Customer to any credit card or bank account details of which are provided to Bradys.
4.4 Bradys Hire may tokenise the Customer’s credit card or bank account details to facilitate credit card or online payments.
5. PPS Law
5.1 This clause applies to the extent that this Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation.
5.2 Bradys Hire may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which Bradys Hire requires for the purposes of
(a) ensuring that Bradys’ security interest is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling Bradys Hire to gain first priority (or any other priority agreed to by Bradys Herein writing) for its security interest; and
(c) enabling Bradys Hire to exercise rights in connection with the security interest.
5.3 The rights of Bradys Hire under this document are in addition to and not in substitution for Bradys’ rights under other law (including the PPS Law) and Bradys Hire may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it Bradys Hire security interest will attach to proceeds.
5.4 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires Bradys Hire to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires Bradys Hire to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).
5.5 The following provisions of the PPS Law: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on Bradys. Customer agrees that in addition to those rights, Bradys Hire shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Customer agrees that Bradys Hire may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.
5.6 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.
5.7 Bradys Hire and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to Bradys Hire the benefit of section 275 (6)(a) and Bradys Hire shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.
5.8 Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of Bradys.
5.9 Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless Bradys Hire(in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Bradys Hire and must be expressed to be subject to the rights of Bradys Hire under this agreement. Customer may not vary a sub-hire without the prior written consent of Bradys Hire (which may be withheld in its absolute discretion).
5.10 Customer must ensure that Bradys Hire is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.
5.11 Customer must take all steps including registration under PPS Law as may be required to:
(a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling the Customer to gain (subject always to the rights of Bradys) first priority (or any other priority agreed to by Bradys Herein writing) for the security interest; and
(c) enabling Bradys Hire and the Customer to exercise their respective rights in connection with the security interest.
6.1 Damage Waiver is not insurance, but is an agreement by Bradys Hire that the Customer’s liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.
Note to customer - Damage Waiver does NOT cover the costs of recovery of the Equipment, which are always payable by the Customer.
6.2 Subject to the provisions of this Section 6, Damage Waiver applies to each incident occurring in all hires, for no additional fee. The Damage Waiver Excess is the actual repair cost of the Equipment, or 20% of the current replacement cost of the Equipment as reasonably determined by Bradys Hire using supplier’s list prices, whichever is the lesser amount.
DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY IN THE FOLLOWING CIRCUMSTANCES;
(a) where the Equipment is lost or stolen;
(b) where the operator is not suitably licensed;
(c) where the operator is affected by drugs and/or alcohol;
(d) where the equipment has been wilfully damaged at any time during the Hire Period;
(e) Where the damage is caused by rolling or detachment while the Equipment is being driven or towed;
(f) where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road;
(g) where the damage is caused in any way by overloading;
(h) where the damage is caused by flash flooding or general water damage;
(i) where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance; or
(j) where the damage is caused to a truck pantech or truck crane.
6.3 The Customer may pay an additional Vehicle Waiver Plus Fee (Excluding Customers driving with restricted licences) in relation to the hire of Motor Vehicles, which for each incident will;
(a) reduce the Damage Waiver Excess in relation to Motor Vehicles and third party damage to property or goods caused by the use of the Motor Vehicle by the Customer;
(b) cover damage to a pantech or van body above cab height; and
(c) add a Theft Waiver component for Motor Vehicles. Theft Waiver is not insurance, but is an agreement by Bradys Hire that the Customer’s liability for theft or loss of the Motor Vehicle can be limited in some circumstances only to an amount called the Theft Waiver Excess.
Bradys Hire may ask the Customer to pay the Vehicle Waiver plus Fee on the hire of Motor Vehicles, but the Customer may decide to opt out of that payment.
Credit account customers will have the Vehicle Waiver Plus applied to all relevant hires unless the Customer has declined the Waiver on their credit application or opted out by providing notice to Bradys Herein writing.
The reduced Damage Waiver Excess and the Theft Waiver Excess apply to Motor Vehicles when the Vehicle Waiver Plus Fee is paid this will be shown on the Hire Schedule and will vary for different classes of vehicles.
6.4 The Customer may pay an additional Equipment Waiver Plus Fee in relation to the hire of medium and large Equipment (being such Equipment as determined by Bradys Hire at the time of hire), which for each incident will;
(a) reduce the Damage Waiver Excess in relation to Equipment; and
(b) add a Theft Waiver component for medium and large machinery. Theft Waiver is not insurance, but is an agreement by Bradys Hire that the Customer’s liability for theft or loss of the Equipment can be limited in some circumstances only to an amount called the Theft Waiver Excess.
Bradys Hire may ask the Customer to pay the Equipment Waiver Plus Fee on the hire of medium and large Equipment, but the Customer may decide to opt out of that payment.
Credit account customers will have Equipment Waiver Plus applied to all relevant hires unless the Customer has declined the Waiver on their credit application or opted out by providing notice to Bradys Herein writing.
The reduced Damage Waiver Excess and the Theft Waiver Excess which apply to medium and large Equipment when the Equipment Waiver Plus Fee is paid will be shown on the Hire Schedule and will vary for different types of machinery.
6.5 THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY FOR THEFT in the following circumstances;
(a) where the Customer has failed to keep the Equipment in a securely locked enclosed area, or in the case of a Motor Vehicle, has failed to properly secure or lock the Motor Vehicle; or
(b) where the Customer has failed to submit to Bradys Hire a Police Report on the theft within seven days of the theft allegedly occurring.
In the event of Theft Waiver applying, hire fees will be charged to the Customer until the Police Report is provided to Bradys.
6.6 Damage Waiver will NOT apply where Bradys Hire determines that any applicable exclusion mentioned in this Section 6 applies, including the circumstances in clauses 6.2(a)-(j) or 6.5(a)-(b) respectively, unless the Customer is able to establish otherwise to the reasonable satisfaction of Bradys.
6.7 Equipment Waiver Plus and Vehicle Waiver Plus, including Theft Waiver, will NOT apply where Bradys Hire determines that any applicable exclusion in clauses 6.2(b)-(h) or 6.5(a)-(b) applies.
6.8 A Damage Waiver Excess must be paid by the Customer for each and every separate incident which may occur in any Hire Period, where any Damage Waiver is applicable under this section 6.
6.9 A Theft Waiver Excess must be paid by the Customer for each and every separate incident which may occur in any Hire Period, where any Theft Waiver is applicable under this section 6.
6.10 If any damage is caused by the Customer to any property or goods whatsoever owned by a third party as a result of or during the use of a Bradys Hire Motor Vehicle, and if the Customer has breached any provision of this Contract or if any of the circumstances described in clauses 6.2(a)-(j) have occurred, the Customer will be liable for the full cost of that third party property damage to the extent caused by the Customer. If the Customer has not breached this Contract and none of the circumstances described in clauses 6.2(a)-(j) have occurred, the Customer will be liable for the full cost of the third party property damage to the extent caused by the Customer, or $1,500, whichever is the lesser amount.
7. Exclusion of warranties and liabilities
7.1 Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.
7.2 Where the Australian Consumer Law applies and the Equipment is not of a kind ordinarily acquired for personal domestic or household use or consumption, liability in respect of any guarantee is limited to the replacement or re- pair of the Equipment, or the cost of having the Equipment repaired or replaced.
7.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. Bradys Hire makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.
Remote hire
Where the Equipment is at any time hired by the Customer to be located in a Remote Area, the following clauses will also apply, in addition to the obligation of the Customer under Clause 3 and elsewhere in these Hire Contract Conditions;
(a) The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by Bradys Hire(‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometre rate travelled by Bradys Hire staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by Bradys Hire and its staff in connection with travel to and from the Remote Area;
(b) Multiple items of Equipment on hire by a Customer on the one site will only be charged for one call out fee;
(c) The Customer is responsible at its cost for daily maintenance and care of all items of Equipment on hire by a Customer, and including lubrication of all grease points.
(d) The customer can only service and repair Equipment with the express permis-sions of Bradys Hire and records of all maintenance activities performed by the Customer must be provided to Bradys.
Breach of hire contract by customer
If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:
10.1 Bradys Hire shall be entitled to:
(a) terminate this Contract; and/or
(b) sue for recovery of all monies owing by the Customer; and/or
(c) repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.
10.2 The Customer indemnifies Bradys Herein respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.
Disputes
11.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Bradys Herein writing within 30 days of the hire contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.
11.2 If a dispute arises relating to this contract, the hiring or the use of the Equipment (except in regard to payments due to Bradys), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
Equipment data
Bradys’ Equipment may contain on-board devices (each a GPS Device) which enable the Equipment to be connected to the internet and to send commands to and receive certain information from the Equipment, including geolocation data from a global positioning system and other data including but not limited to speed, battery voltage and ignition status of such Equipment. By hiring any Equipment from Bradys, the Customer expressly consents to Bradys’ use of the GPS Device on such Equipment during the Hire Period and to Bradys Hire collecting, using and retaining information from the GPS Device in accordance with our Privacy Policy, and that Bradys Hire is the owner of that data subject to your rights as set out in our Privacy Policy.
Privacy
Bradys Hire will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the Bradys Hire Privacy Statement is available upon request or by visiting https://bradystransport.com
Governing law
14.1 The hire contract containing these Hire Contract Conditions is a payment claim under the Building and Construction Industry Security of Payment Act 1999 NSW, the Building and Construction Industry Security of Payment Act 2002 VIC, the Building and Construction Industry Payments Act 2004 QLD, the Building and Construction Industry Security of Payment Act 2009 SA, the Construction Con- tracts Act 2004 WA, the Building and Construction Industry (Security of Payment) Act 2009 ACT, the Building and Construction Industry Security of Payment Act 2009 TAS, and/or the Construction Contracts (Security of Payments) Act 2009 NT.
14.2 Except where Bradys Herein its discretion takes action against the Customer under any of the Building and Construction Industry legislation referred to in this clause, Bradys Hire and the Customer agree that this Contract is governed by the law of the state of New South Wales, and the parties submit to the jurisdiction of the courts of that State
Contactless collection and return
15.1 Bradys Hire may in its discretion, and subject to satisfactory identification of the Customer and its authorised representatives, issue a Personal Identification Number (“PIN”) to an individual authorised representative of the Customer to allow self-collection and self-return of the Equipment by the Customer from and to a Bradys Hire branch (“the Branch”). The PIN may be withdrawn by Bradys Herein its discretion at any time. The Customer must comply with all requirements stipulated from time to time by Bradys Hire for entry to the Branch using the PIN, including that the Customer must;
(a) follow all directions given by Bradys Hire as to the procedure for obtaining access to the Branch;
(b) Enter the Branch at its own risk, and any injuries or death or damage to equipment or property that may occur while loading or unloading Equipment or in any other circumstances while the Customer is accessing the branch are the responsibility of the Customer;
(c) ensure that the main gate of the Branch is closed and locked when leaving the Branch, failing which the Customer will be liable for any theft or attempt- ed theft of Equipment from the Branch, or for any damage to Equipment at the Branch, or damage to the Branch itself;
(d) consent to being filmed or photographed by CCTV while at and entering and leaving the Branch;
(e) Before it enters the Branch, ensure that it has requested and obtained from Bradys Hire any assistance it may require as to the operation and safe use of the Equipment;
(f) at all times keep confidential the PIN, and ensure that the PIN is only used by the person to whom it is issued and that no other persons are given access to the Branch at any time; and
(g) only take into their possession, Equipment detailed on an active Hire Schedule provided to the Customer by Bradys.