Additional Services means any additional services requested by you and provided by PremiAir, including equipment servicing, delivery and collection, operational guidance, remote or on-site technician support or training (including as set out in the Quotation).
Agreement means the agreement between PremiAir and the Client, comprising these terms and conditions, any Quotation provided by PremiAir to the Client from time to time in respect of Equipment, plus any Special Conditions and schedules. Any terms contained in any document supplied by the Client (including any purchase order) do not form part of this agreement.
Claim means any claim made (whether in the form of an allegation, demand, suit, action or other proceeding of any kind) under or in connection with this agreement or its subject matter, whether arising under contract (including under any warranty or indemnity or any other breach, actual or anticipatory), in equity, in restitution, negligence or any other tort, strict liability, under statute or otherwise at all.
Client, you means the individual, company, firm, partnership, organisation, or other entity whose request for Equipment has been accepted by PremiAir (and includes any Personnel acting on behalf of the Client).
Commencement Date means the earlier of:
Consequential Loss means all loss of actual or anticipated profit, loss of use, loss of productivity, loss of revenue, loss of contracts, loss of opportunity, increased costs and expenses, wasted expenditure, loss arising from delay, loss by reason of shutdown or non-operation or increased cost of borrowing capital or financing and all special, indirect and consequential losses whether caused by or contributed to by a breach of contract or statute, breach of warranty (express or implied), tort, strict liability or any other cause whatsoever.
Consumables means all fuel, oil, fuses, light globes, fire extinguishers, fire systems, buckets, dump bodies, ground engaging tools, undercarriage, tyres, hydraulic hoses, brake linings, drive and ancillary belts, and other non-OEM items (including fast fuels, service couplers, isolation switches, D-Shackles)
Credit Account Application means the credit account application (if any) submitted by the Client to PremiAir in respect of its application for credit in respect of this agreement.
Credit Information Policy means PremiAir’s Credit Information Policy, available here.
Damage Waiver means Limited Liability Cover and Damage Waiver Fee means LLC Fee.
Delivery Date has the meaning given in clause 7.3.
End Date means the later of:
Enforcement Costs means any costs or expenses reasonably incurred by PremiAir in enforcing this agreement (including recovering unpaid amounts and legal fees on an indemnity basis), as a result of the Client’s breach.
Equipment means any equipment specified in the Quotation, together with any equipment supplied on hire by PremiAir to the Client, including any and all accessories, tools, attachments, parts, manuals, instructions and packing and transferable materials (such as hoses, points, drills, bits, grease guns, electric leads, tyres, tubes, batteries or other similar fittings) and any substitute or replacement equipment or parts provided.
Equipment Hire Charges means the cost of hire of the Equipment plus any Service Charges as set out in the Quotation (plus GST and any taxes, duties (including stamp duty) levies, charges or imposts payable with respect to this agreement) or as otherwise agreed or varied by the parties in accordance with this agreement.
Equipment Delivery Charges means the cost of delivering and/or collecting the Equipment as set out in the Quotation, plus any costs reasonably incurred and/or charged by PremiAir with respect to:
Equipment Refuelling Charges means the charge specified in the Quotation, payable where the Equipment is returned without a full tank of fuel.
Equipment Damage Repair Charges means any costs incurred by PremiAir under clause 10 in respect of any damage repair or replacement of the Equipment during the Term and includes any costs reasonably incurred by PremiAir in returning the Equipment to the condition required by this agreement (including cleaning costs).
Fees means any fees or charges payable by the Client to PremiAir under this agreement.
Guarantor means the party(s) (if any) named as “guarantor” in the execution section of this agreement, who guarantees the payment of all monies owing by the Client to PremiAir in accordance with clause 18.
Hire Period means the period commencing on the Commencement Date and ending on the End Date (including weekends and public holidays).
Hire Rates means the rates and charges payable by you for the hire of the Equipment, being:
Interest Rate means the rate of three- and one-half percent (3.5%) per calendar month.
Law means any statute, regulation, order, rule subordinate legislation or other document enforceable under any statute, regulation, order, rule or subordinate legislation.
Liability includes all liabilities, losses, damages, costs, charges, fines, penalties, and expenses (including legal costs on a full indemnity basis) of whatever description however arising, whether actual contingent or prospective and whether present or future, fixed or unascertained.
Limited Liability Cover has the meaning given in clause 11.
LLC Excess has the meaning given in clause 11.3.
LLC Fee means an amount equal to 12.5% of the total Equipment Hire Charge for the Equipment.
Minimum Hire Period means one day, or as otherwise notified under clause 4.2.
Payment Processing Fee means any costs reasonably incurred by PremiAir in processing the Client’s payment of the Fees (such as credit card payment administration surcharge).
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Personnel means, to the extent applicable, any officers, employees, contractors, agents, executors, administrators, or representatives of the Client.
PremiAir, us, we, our means PremiAir Services Pty Ltd (ACN 074 651 951), its successors and assigns or any person acting on behalf of and with the authority of PremiAir Services Pty Ltd.
PPSA means the Personal Property Securities Act 2009 (Cth).
PPSR means the Personal Property Securities Register, as established under the PPSA.
Quotation means the document provided by PremiAir to the Client (include any formal hire proposal or quick quote, whether signed or not) which includes details of the Equipment you wish to hire, the Hire Charges, and any Special Conditions.
Replacement Cost means, in respect of Equipment, the cost to replace the Equipment as new.
Service Charges means the cost of any Additional Services provided by PremiAir, and including any additional charges reasonably incurred and charged by PremiAir.
Site means the location(s) where the Equipment will be located, used and/or stored during the Term, as set out in the Quotationoras may be approved by PremiAir in writing.
Special Conditions means any special conditions applicable to your Equipment hire, including as specified in this agreement or agreed between you and us.
Term means the period commencing on the earlier of date of this agreement or the acceptance of these terms in accordance with clause 2.2, and continuing until terminated in accordance with its terms.
Vehicles means a car, truck, utility, or trailer.
We are entitled to set off against any amount we owe you any amount owed to us by you or any amount owed to us by any of your related bodies corporate. You may not set off against or deduct from the Fees any amount owed or claimed to be owed to you by us.
The LLC is not insurance – it is an agreement by us to waive or limit your liability for any loss, theft, or damage to the Equipment in certain circumstances during the Term, in exchange for payment of a fee.
Nothing in this agreement is intended to have the effect of contracting out of, and we reserve our right to exercise our rights under the Building and Construction Industry Security of Payment Act 1999 (NSW), the Building and Construction Industry Payments Act 2004 (QLD) and any equivalent applicable legislation where the Site is located GST
Clauses 5, 6, 7.14, 14, 16, 18 and 22 (if applicable and will survive the expiry or termination of this agreement
Download a PDF copy of our Terms and Conditions here.