Terms and Conditions
Please take the time to read these terms and conditions. By using our Services and Website and information offered on Our Website, you are agreeing to these terms and conditions.
DefinitionsServices means Pivot Crane Hire services including the hire of Equipment, with or without Supplier Personnel, by the Hirer from the Supplier, as described in the Hire Agreement.the Website means the website pivotcranehire.com.auWe / Us / Our means Pivot Crane Hire and any subsidiaries, affiliates, employees, officers, agents or assigns.Supplier is Pivot Crane Hire as stated in the Hire Agreement. Hire Charges mean the fees and charges payable by the Hirer. Hirer is the person, firm, company, entity, or corporation identified as the Hirer in the Hire Agreement and/or the person, firm, company, entity, or corporation that uses the Pivot Crane Hire Services. Legal Requirement means a requirement under any approval, statute, regulation, order, rule, subordinate legislation, or other documents enforceable under any statute, regulation, order, rule, or subordinate legislation. Equipment means Our cranes, accessories, machinery, tools and associated items, manuals, logbooks, and vehicles in addition to the Equipment described in the Hire Agreement together with such accessories, machinery, tools, and associated items, manuals, logbooks, and vehicles as accompanies such Equipment.Site means the location identified in the Hire Agreement as the location where the Services are to be provided. Supplier Personnel means the person or persons employed or engaged by the Supplier to drive, operate, use or transport the Equipment provided to the Hirer as specified in the Hire Agreement (if any) and may include operators, riggers, dogmen, supervisors, drivers and any such other employee or agent of the Supplier. Term means the period for the term of the Services as specified in the Hire Agreement. Personal Information is any information that relates to an identified or identifiable individual.Hire Agreement is the contractual agreement entered into between Pivot Crane Hire and the person, firm, company, entity, or corporation identified as the Hirer in the Hire Agreement in relation to the hire of Our Equipment and use of our Services.
Accuracy of the Website contentWe have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency, or completeness of anything contained on this Website or on any linked site. The information contained on this Website should not take the place of professional advice. Use of the WebsiteThe Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules, and regulations.You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services. If you contribute to our forum (if any) or make any public comments on this Website that are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.We reserve the right to refuse or terminate service to anyone at any time without notice or reason. Intellectual PropertyThe Pivot Crane Hire business name, Pivot Crane Hire logo, images, and copy within the Website and contained on linked social media platforms are the intellectual property of Pivot Crane Hire, are trademarked and copyright protected. Use of Pivot Crane Hire name, logo, images, and branding is strictly prohibited except with Our express, written consent. Links to external websitesThis Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents, or any associated website, product, or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page. However, you should not provide a link that suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you. Limitation of LiabilityWe take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services. Information Collection and PrivacyWe collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients, and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, go to www.pivotcranehire.com.au/privacy-policy. ConfidentialityAll personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information. Service Hire Charges The Hirer will pay the Supplier for the Services in accordance with the Hire Charges. Normal working hours are 6am - 3pm unless specified. Hire rates have a 2 hour minimum charge for normal working hours. Overtime rates apply to hours worked outside normal working hours or after 8 hours of hire. If a supply under the Hire Agreement is subject to GST, the Hirer must pay to the Supplier at the same time and in the same manner as the Hire Charges are payable, an amount equal to the total amount of the Hire Charges payable multiplied by the applicable GST rate, subject to the supply of a valid tax invoice by the Supplier. The Supplier may invoice the Hirer at the completion of the Term or at the end of each calendar week, at its discretion. The Hirer must pay each tax invoice in full within 7 days of the tax invoice date unless otherwise agreed and communicated by the Supplier. The Supplier may charge interest to the Hirer on amounts that remain unpaid after the due date for payment. Interest will be calculated at a rate of 5% above the Reserve Bank of Australia Cash Rate calculated daily and compounded monthly. The Hirer must indemnify the Supplier for all costs and expenses (including commissions payable to commercial or mercantile agents and legal costs on a full indemnity basis) incurred by the Supplier in recovering amounts that remain unpaid after the due date. Debt recovery charges are calculated at a rate of 20% + GST of the total amount payable plus a once-off $180 setup fee and $25 per week administration fee.
Safety and Operation The Hirer must obtain and furnish any necessary permits, consents, approvals, or notices required for the use or transport of the Equipment during the Term and comply with any relevant Legal Requirements and industry standards or protocols whilst in possession of the Equipment. The Hirer shall pay all fines and penalties incurred while the Equipment is in the possession of the Hirer or while the risk of the Equipment is with the Hirer. The Hirer will consult and cooperate with the Supplier in respect of matters relating to the safe use and handling of the Equipment. If the Hirer, its employees, agents, contractors subcontractors contributed to or caused the Breakdown (including by directions given to the Supplier Personnel) through the misuse of the Equipment, accident, negligence, fraud, misconduct, breach of the Hire Agreement, failure to comply with any Legal Requirement, failure to observe warning signs or directions, or failure to observe safety systems or OEM operational procedures, then the Hirer will continue to pay the Hire Charges until the Equipment is fit for return to service and in addition shall pay the reasonable costs of repair incurred by the Supplier.
Pivot Crane Hire Services and Equipment Liability and Indemnity The Supplier is not a common carrier and is not responsible for any loss or damage to the Hirer’s property or goods in transit. The Hirer is liable for and indemnify Us against all liability, claims, damage, loss, costs, and expenses (including, without limitation, legal fees, costs, and disbursements on a full indemnity basis, whether incurred or awarded against Us and any environmental loss, cost, damage or expense) in respect of: (a) personal injury; (b) damage to property; or (c) a claim by a third party, in respect of Your hire or use of the Service or Your breach of the Hire Agreement. Pivot Crane Hire Crane Truck Additional Terms The hirer is responsible for additional expenses incurred during the transit of goods concerning road usage. Expenses, including road usage tolls and fees, will be passed on to the client at cost at the time of invoicing and are subject to contract payment terms. The hirer warrants that it has complied with all laws and regulations relating to the nature, packaging, labelling, pallets, or carriage of the goods and that the goods are packed in a manner adequate to withstand the ordinary risks of carriage having regard to their nature. The hirer shall be responsible for any expense incurred by Pivot Crane Hire arising from any failure to conform. The hirer shall not tender for handling, lifting and/or carriage of any explosives, inflammable or otherwise dangerous or damaging goods without presenting a full description disclosing their nature. Such goods may be handled, lifted or carried only by special agreement. The hirer shall declare the weight of the goods and the contractor will rely on such declared weight. Therefore the hirer shall be responsible for all extra cost and risk incurred by the contractor and for any and all damage sustained by reliance on the declared weight, if the weight declared is found to be wrong. The hirer shall disclose to the Contractor the nature of the goods to be handled, lifted and/or carried. Insurance of goods will not be affected by the contractor for the benefit of the hirer except upon the express written instructions of the hirer and then only at his expense. The contractor shall be entitled to charge service charges at the usual rate for any time during which the vehicle is delayed either in travelling to or from or at the site at which the hirer desires the vehicle to operate so long as such delays result from any cause beyond reasonable control of the contractor. The hirer shall be responsible to pay for all delays caused by the contractor obeying any instructions given by the hirer, including delays by any bogging or breaking down of plant resulting from such instructions. Such delays shall be charged at the contractor’s usual rates and shall include the cost of recovery of plant from being bogged and any damage to equipment or plant caused by the recovery. Long haul delivery rates apply (over 150km). POA. Pivot Crane Hire is not a common carrier and shall not accept the obligations or liabilities of a common carrier.
General The person signing the Hire Agreement for and on behalf of the Hirer hereby covenants with the Supplier that such person has the authority of the Hirer to enter the Hire Agreement and absorbs/assumes all Hirer responsibilities, liabilities, and indemnities as outlined in the Pivot Crane Hire Terms and Conditions (pivotcranehire.com.au/terms-conditions) and the terms and conditions outlined in the Hire Agreement.
Governing LawThese terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes concerning this website or our service are to be resolved by the courts having jurisdiction in Queensland. We retain the right to bring proceedings against you for breach of these Terms and Conditions or those outlined in the Pivot Crane Hire Hire Agreement, in your country of residence or any other appropriate country or jurisdiction.
Contact UsIf you have any questions about these Terms & Conditions, You can contact us by email: admin@pivotcranehire.com.auThese Terms & Conditions were last updated: March 2, 2023
Accuracy of the Website contentWe have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency, or completeness of anything contained on this Website or on any linked site. The information contained on this Website should not take the place of professional advice. Use of the WebsiteThe Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules, and regulations.You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services. If you contribute to our forum (if any) or make any public comments on this Website that are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.We reserve the right to refuse or terminate service to anyone at any time without notice or reason. Intellectual PropertyThe Pivot Crane Hire business name, Pivot Crane Hire logo, images, and copy within the Website and contained on linked social media platforms are the intellectual property of Pivot Crane Hire, are trademarked and copyright protected. Use of Pivot Crane Hire name, logo, images, and branding is strictly prohibited except with Our express, written consent. Links to external websitesThis Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents, or any associated website, product, or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page. However, you should not provide a link that suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you. Limitation of LiabilityWe take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services. Information Collection and PrivacyWe collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients, and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, go to www.pivotcranehire.com.au/privacy-policy. ConfidentialityAll personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information. Service Hire Charges The Hirer will pay the Supplier for the Services in accordance with the Hire Charges. Normal working hours are 6am - 3pm unless specified. Hire rates have a 2 hour minimum charge for normal working hours. Overtime rates apply to hours worked outside normal working hours or after 8 hours of hire. If a supply under the Hire Agreement is subject to GST, the Hirer must pay to the Supplier at the same time and in the same manner as the Hire Charges are payable, an amount equal to the total amount of the Hire Charges payable multiplied by the applicable GST rate, subject to the supply of a valid tax invoice by the Supplier. The Supplier may invoice the Hirer at the completion of the Term or at the end of each calendar week, at its discretion. The Hirer must pay each tax invoice in full within 7 days of the tax invoice date unless otherwise agreed and communicated by the Supplier. The Supplier may charge interest to the Hirer on amounts that remain unpaid after the due date for payment. Interest will be calculated at a rate of 5% above the Reserve Bank of Australia Cash Rate calculated daily and compounded monthly. The Hirer must indemnify the Supplier for all costs and expenses (including commissions payable to commercial or mercantile agents and legal costs on a full indemnity basis) incurred by the Supplier in recovering amounts that remain unpaid after the due date. Debt recovery charges are calculated at a rate of 20% + GST of the total amount payable plus a once-off $180 setup fee and $25 per week administration fee.
Safety and Operation The Hirer must obtain and furnish any necessary permits, consents, approvals, or notices required for the use or transport of the Equipment during the Term and comply with any relevant Legal Requirements and industry standards or protocols whilst in possession of the Equipment. The Hirer shall pay all fines and penalties incurred while the Equipment is in the possession of the Hirer or while the risk of the Equipment is with the Hirer. The Hirer will consult and cooperate with the Supplier in respect of matters relating to the safe use and handling of the Equipment. If the Hirer, its employees, agents, contractors subcontractors contributed to or caused the Breakdown (including by directions given to the Supplier Personnel) through the misuse of the Equipment, accident, negligence, fraud, misconduct, breach of the Hire Agreement, failure to comply with any Legal Requirement, failure to observe warning signs or directions, or failure to observe safety systems or OEM operational procedures, then the Hirer will continue to pay the Hire Charges until the Equipment is fit for return to service and in addition shall pay the reasonable costs of repair incurred by the Supplier.
Pivot Crane Hire Services and Equipment Liability and Indemnity The Supplier is not a common carrier and is not responsible for any loss or damage to the Hirer’s property or goods in transit. The Hirer is liable for and indemnify Us against all liability, claims, damage, loss, costs, and expenses (including, without limitation, legal fees, costs, and disbursements on a full indemnity basis, whether incurred or awarded against Us and any environmental loss, cost, damage or expense) in respect of: (a) personal injury; (b) damage to property; or (c) a claim by a third party, in respect of Your hire or use of the Service or Your breach of the Hire Agreement. Pivot Crane Hire Crane Truck Additional Terms The hirer is responsible for additional expenses incurred during the transit of goods concerning road usage. Expenses, including road usage tolls and fees, will be passed on to the client at cost at the time of invoicing and are subject to contract payment terms. The hirer warrants that it has complied with all laws and regulations relating to the nature, packaging, labelling, pallets, or carriage of the goods and that the goods are packed in a manner adequate to withstand the ordinary risks of carriage having regard to their nature. The hirer shall be responsible for any expense incurred by Pivot Crane Hire arising from any failure to conform. The hirer shall not tender for handling, lifting and/or carriage of any explosives, inflammable or otherwise dangerous or damaging goods without presenting a full description disclosing their nature. Such goods may be handled, lifted or carried only by special agreement. The hirer shall declare the weight of the goods and the contractor will rely on such declared weight. Therefore the hirer shall be responsible for all extra cost and risk incurred by the contractor and for any and all damage sustained by reliance on the declared weight, if the weight declared is found to be wrong. The hirer shall disclose to the Contractor the nature of the goods to be handled, lifted and/or carried. Insurance of goods will not be affected by the contractor for the benefit of the hirer except upon the express written instructions of the hirer and then only at his expense. The contractor shall be entitled to charge service charges at the usual rate for any time during which the vehicle is delayed either in travelling to or from or at the site at which the hirer desires the vehicle to operate so long as such delays result from any cause beyond reasonable control of the contractor. The hirer shall be responsible to pay for all delays caused by the contractor obeying any instructions given by the hirer, including delays by any bogging or breaking down of plant resulting from such instructions. Such delays shall be charged at the contractor’s usual rates and shall include the cost of recovery of plant from being bogged and any damage to equipment or plant caused by the recovery. Long haul delivery rates apply (over 150km). POA. Pivot Crane Hire is not a common carrier and shall not accept the obligations or liabilities of a common carrier.
General The person signing the Hire Agreement for and on behalf of the Hirer hereby covenants with the Supplier that such person has the authority of the Hirer to enter the Hire Agreement and absorbs/assumes all Hirer responsibilities, liabilities, and indemnities as outlined in the Pivot Crane Hire Terms and Conditions (pivotcranehire.com.au/terms-conditions) and the terms and conditions outlined in the Hire Agreement.
Governing LawThese terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes concerning this website or our service are to be resolved by the courts having jurisdiction in Queensland. We retain the right to bring proceedings against you for breach of these Terms and Conditions or those outlined in the Pivot Crane Hire Hire Agreement, in your country of residence or any other appropriate country or jurisdiction.
Contact UsIf you have any questions about these Terms & Conditions, You can contact us by email: admin@pivotcranehire.com.auThese Terms & Conditions were last updated: March 2, 2023