Question 1

1. HIRE FORM, THIS AGREEMENT

Accepted Answer

• These Hire Terms will apply to all the Customer’s dealings with Breakthrough Building, including being incorporated in all agreements, quotations or orders under which Breakthrough Building is to rent equipment and/or provide services to the Customer (each a ‘Hire Form’) together with any additional terms included in such a Hire Form (provided such additional terms are recorded in writing).
 • The Customer will be taken to have accepted this Agreement if the Customer accepts a Hire Form, or if the Customer orders, accepts or pays for any equipment and/or services provided by Breakthrough Building after receiving or becoming aware of this Agreement or these Hire Terms.
 • In the event of any inconsistency between these Hire Terms and any Hire Form, the clauses of these Hire Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Hire Form) will prevail over these Hire Terms to the extent of any inconsistency.

Question 2

2. HIRE

Accepted Answer

• Breakthrough Building provides to the Customer and the Customer accepts from Breakthrough Building the hire of the Equipment and/or Services upon and subject to the provisions of this Agreement.
 • Where the Hire Term specified in the Hire Form’s Start Date and Return Date is longer than 5 days, the Hire will be considered a ‘Long Term Hire’ and all other periods will be a ‘Short Term Hire’.

Question 3

3. PRE-HIRE

Accepted Answer

The Customer warrants that they:
 • will send a copy of their valid driver’s licence with the Hire Form;
 • review and understand any instructional materials provided by Breakthrough Building, including instruction manuals relating to the machinery;
 • will obtain up to date information from relevant authorities, (for example, by using the “Dial Before You Dig” service), about any infrastructure networks at the Job Site; and
 • ensure that any person collecting or taking delivery of the 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.

Question 4

4. EQUIPMENT USE

Accepted Answer

Use
 • The Customer must ensure that the Equipment is only used:
– on the Job Site;
– from 6:00am and 6:00pm, unless otherwise agreed by the parties;
– in a proper and skilful manner, by Personnel who are appropriately trained, licensed, certified and competent;
– in accordance with the Equipment manufacturer’s requirements, recommendations and instructional materials provided to the Customer; and
– in accordance with all Laws, rules and regulations applicable to the Equipment and its use and/or relating to the Job Site.
 • The Customer must not, and must not allow any Personnel or third party to:
– tow trailered Equipment with an unsuitable or unroadworthy Equipment or on unsealed roads;
– tow trailered Equipment, if the driver is not the holder of a valid driver licence;
– use the Equipment for any dangerous or illegal purpose;
– use or allow the Equipment to be used to carry passengers for payment of any kind and/or for racing;
– make any alterations to the Equipment, including by unauthorised repair;
– use or allow the Equipment to be used while the operator is under the influence of alcohol or drugs;
– use the Equipment when it is damaged or unsafe;
– affix or install any accessories, equipment or device on or to the Machine (other than the Included Attachments set out in the Hire Form) without Breakthrough Building's prior written consent;
– sub-hire the Equipment; or
– use the Equipment for the conveyance or towing of any load.
Maintenance
 • The Customer must, when the Equipment is unattended, always keep it locked and keep the keys under their control.
 • For Long Term Hires, the Customer is responsible for the performance and cost of daily maintenance and care of all Equipment in its possession, including:
– daily checking of all fluids (fuel, oil, water, battery levels etc);
– general tightening of any loose nuts, bolts, belts or fittings; and
– the lubrication of all grease points every day the Machine has been used;
 • If instructed by Breakthrough Building, the Customer must cover the Equipment with waterproof material in wet weather conditions.
Operator
The Customer agrees that they are responsible for the acts and omissions of any other person they allow to use the Equipment.
Fuel
The Customer must:
 • ensure that the Machine has a full tank of fuel when it is returned to Breakthrough Building, unless specified otherwise in the Hire Form;
 • only fill the Equipment with fuel of a type that meets the Machine’s specifications; and
 • promptly pay to Breakthrough Building the costs of refuelling the Machine, at the Fuel Rate for each litre of fuel required to refill the Machine’s tank, if the Customer fails to comply with clause 4.4(a) at the Fuel Refill Rate.
Personal Property
Breakthrough Building is not liable to any person for any loss of, or damage to, personal property that is left in the Equipment after its return to Breakthrough Building or stolen from the Equipment or otherwise lost during the Hire Term.
Cleaning
The Customer acknowledges that the Equipment is rented out in a clean condition. The Customer must return the Equipment in the same state of cleanliness (inside and out) it was in on the Start Date (Clean). If the Equipment is not Clean upon return, a cleaning fee will be deducted from the Security Deposit and any outstanding amounts to clean the Equipment will be charged to the Customer as set out in clause 12.2(b), covering the total cost to Breakthrough Building to clean the Equipment.

Question 5

5. RETURN

Accepted Answer

• Unless the Services include return of the Equipment by Breakthrough Building and subject to clause 15, the Customer must on the Return Date and by the Return Time specified in the Hire Form, return the Equipment to Breakthrough Building at the Return Address in the same condition as it was in on the Start Date.
 • If the Customer does not comply with clause 5(a), the Customer must pay the Late Charge for every additional 24 hour period after the Return Time on the Return Date for which the Customer retains possession of the Equipment.
 • If the Customer returns the Equipment before the Return Date, the Customer will be liable for the full Fees as if the Equipment was in its possession from the Start Date until the Return Date, notwithstanding any early return of the Equipment.

Question 6

6. OFF HIRE

Accepted Answer

This clause only applies to Equipment for which off hire discount rates apply, as set out in the Hire Form. For Equipment this clause 6 applies to, Breakthrough Building will apply the off hire discount rate set out in the Hire Form in respect of that Equipment and for a particular date, subject to the following:
 • the Equipment not being subject to a rent to buy arrangement; and
 • Breakthrough Building receiving a written notice from the Customer before 9AM on the relevant date, requesting an off hire rate on one of the following grounds:
– wet weather conditions;
– the date being a public holiday.
Breakthrough Building will determine in its reasonable discretion whether any of these grounds apply.

Question 7

7. REMOTE HIRE

Accepted Answer

Where the Customer hires Equipment and/or the Services are to be provided in a Remote Site, the Customer will pay the Remote Area Charges specified.

Question 8

8. FAULTY EQUIPMENT

Accepted Answer

• If the Equipment is faulty, breaks down or becomes unsafe to use during the Hire Term (Breakdown), the Customer must immediately:
– notify Breakthrough Building;
– stop using the Equipment;
– take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment;
– take all steps necessary to prevent the Equipment from sustaining any further damage;
– not repair or attempt to repair the Equipment without Breakthrough Building's written consent; and
– comply with Breakthrough Building's directions in relation to the return of the Equipment.
 • Subject to clause 8(c), if, upon inspection of the Equipment, Breakthrough Building determines that a Breakdown was:
– caused by a fault in the Equipment (not caused or contributed to by the Customer) (Equipment Fault) then Breakthrough Building will provide the Customer with a pro-rata refund of any Fees paid for the period of the Hire Term during which the Breakdown persisted; or
– not caused by an Equipment Fault, then the Customer will still be required to pay Fees in accordance with the Hire Form.
 • Clause 8(b) does not limit:
– any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth); or
– any rights or remedies Breakthrough Building may have access to in relation to a Breakdown, under this Agreement or otherwise.

Question 9

9. REPLACEMENT, LOSS AND DAMAGE

Accepted Answer

Loss, damage and personal injury
The Customer will be fully liable to Breakthrough Building for:
 • any loss or damage to the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s possession, and must give reasonable notice to Breakthrough Building in writing of any such loss or damage; and
 • all damage to the property of any person which is caused or contributed to by the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s possession.
Replacement
If Breakthrough Building notifies the Customer in writing, the Customer must replace all parts of the Equipment which during the Hire Term have become worn out, lost, stolen, damaged beyond repair or permanently rendered unfit for use (fair wear and tear excepted), provided that the Customer must not make any replacement, alteration or addition of any nature which may lead to a material reduction in the value of the Equipment.

Question 10

10. INCIDENTS

Accepted Answer

Insurance
 • The Customer acknowledges that Breakthrough Building may, in its discretion, hold insurances in relation to the Equipment but such insurances may not cover the Customer or the Customer’s use of the Equipment and Breakthrough Building will have no obligation or requirement to insure the Customer’s use of the Equipment under this Agreement. The Customer is strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from their use of the Equipment.
 • If Breakthrough Building notifies the Customer that it holds insurance in relation to the Equipment, the Customer must not do or permit anything to be done which may make Breakthrough Building's insurance invalid or able to be cancelled or which may increase Breakthrough Building's insurance premiums.
 • Breakthrough Building reserves the right to apply any insurance policy it does hold in respect of the Equipment during the Hire Term, to damage or loss caused or contributed to by the Customer, however Breakthrough Building is under no obligation to. If Breakthrough Building chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Hire Term, the Customer will be required to pay any excess payable by Breakthrough Building in respect of such a claim.
Incidents, Loss and Damage
 • Subject to any Breakthrough Building insurance policy that covers the Customer, which Breakthrough Building has indicated it will claim against to cover the Customer, if the Equipment is lost, damaged, destroyed or stolen during the Hire Term, or otherwise while the Equipment is in the Customer’s possession, the Customer must compensate Breakthrough Building for any costs of repair or replacement.
 • If the Equipment is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s possession (Incident), the Customer:
– must promptly report the Incident to the local police (if required by Law);
– must report the Incident to Breakthrough Building in writing within one Business Day;
– must, if such damage, destruction or theft is covered by and compensated to Breakthrough Building under an insurance policy, pay the relevant excess amount to Breakthrough Building, as well as any other reasonable costs that Breakthrough Building incurs in relation to such damage, destruction or theft;
– must not, without Breakthrough Building's prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the Incident, except as required by Law;
– must, if requested, permit Breakthrough Building or its insurer bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the Incident; and
– must, if requested, provide to Breakthrough Building, within a reasonable time, any statement, information or assistance which Breakthrough Building or its insurer requests, including by attending a lawyer’s office or a court to give evidence.

Question 11

11. PAYMENT

Accepted Answer

FEES
The Customer must pay the Fees to Breakthrough Building in the amounts set out in the Hire Form or as otherwise agreed in writing.
ADDITIONAL CHARGES
The Customer must also pay any applicable Additional Charges to Breakthrough Building in the amounts set out in the Hire Form or as otherwise agreed in writing, including but not limited to the:
 • Excess Use Charge;
 • Fuel Refill Rate;
 • Cleaning Fee; and
 • Cancellation Fee.
TIME FOR PAYMENT
Unless otherwise agreed in writing or in a Hire Form:
 • the Customer must pay for all Equipment on or before the Start Date; and
 • if Breakthrough Building issues an invoice to the Customer, payment must be made by the time(s) specified in such invoice.
PAYMENT METHOD
The Customer must pay Fees using the payment method specified in the Hire Form.
LATE PAYMENT
If the Customer does not pay Breakthrough Building the amounts due and payable under an invoice on or before its due date, without limiting any of Breakthrough Building's other rights under this Agreement, the Customer must pay Breakthrough Building interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Breakthrough Building.
ONLINE PAYMENT PARTNER
 • Depending on your preferred payment method, we may use a third-party payment partner to collect the Fees from you (Online Payment Partner). The processing of payments by any Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
 • You agree to release Breakthrough Building and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
 • We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
GST
Unless otherwise indicated, amounts stated in a Hire Form do not include GST. In relation to any GST payable for a taxable supply by Breakthrough Building, the Customer must promptly pay the GST subject to Breakthrough Building providing a tax invoice.
CARD SURCHARGES
 • Breakthrough Building reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
 • (Credit Card Authorisation) Subject to clause 11.7, Breakthrough Building and its Online Payment Partner reserves the right to retain the Customer’s credit card information to cover any fees, damage or issues with the Equipment that exceeds the Security Deposit provided by the Customer. Accordingly, Breakthrough Building (and its Online Payment Partner, if applicable) will be authorised to charge the Customer’s credit card for any unpaid fees without seeking further authorisation from the Customer.
SECURITY BOND
 • To hire the Equipment, we require the payment of a Security Deposit as set out in the Hire form or as otherwise specified by us, to cover any fees, damage or issues with the Equipment during the Hire Term (Security Deposit).
 • Upon return of the Equipment, we may claim the Security Deposit against any amount owed by the Customer to us under this Agreement.
PAYMENTS OTHER THAN FEES
 • Immediately on request by Breakthrough Building, the Customer will pay:
 • the price of any Equipment which is for whatever reason not returned to Breakthrough Building;
 • the full cost of repairing any damage to the Equipment caused or contributed to by the Customer;
 • all costs incurred by Breakthrough Building in delivering and recovering possession of the Equipment; and
 • any expenses and legal costs (including commission payable to a commercial agent) incurred by Breakthrough Building in enforcing this Agreement due to the Customers default.
Without limiting the ability of Breakthrough Building to recover all amounts owing to it, the Customer authorises Breakthrough Building to charge any amounts owing by the Customer to any credit card or account which the Customer provides in a Hire Form.

Question 12

12. OWNERSHIP, POSSESSION AND TITLE

Accepted Answer

OWNERSHIP
 • The Equipment is and will at all times remain the property of Breakthrough Building, notwithstanding delivery of the Equipment to the Customer or the possession and use of the Equipment by the Customer.
 • The Customer will not have any right, title or interest in or to the Equipment except as expressly set out in this Agreement.
POSSESSION
 • The Customer must not, without Breakthrough Building’s prior written consent, part with possession of the Equipment during the Hire Term.
ENCUMBERANCES
 • The Customer must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Equipment, including a repairer’s lien, except:
 • if a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at Breakthrough Building’s option, Breakthrough Building may remove or satisfy the lien at the Customer’s cost; and
 • a security interest, lien or charge that arises by Law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Equipment will be free of the lien or charge.

Question 13

13. PERSONAL PROPERTY SECURITIES

Accepted Answer

• The Customer acknowledges and agrees that:
– Breakthrough Building may register any security interest it has in connection with this Agreement (including any security interest over the Equipment arising out of the application of the PPSA to this Agreement) on the PPS Register; and
– if requested by Breakthrough Building, the Customer must immediately sign any documents, provide all necessary information and do anything else required by Breakthrough Building to ensure that any security interest created is perfected and to enable Breakthrough Building to gain first priority for its security interest.
 • To the fullest extent permitted by the PPSA, the Customer agrees to contract out of the application of the provisions listed in sections 115(1) and 115(7) and the sections listed therein will not apply. The Customer waives its right to receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest created under this document.
 • In this clause:
– “PPSA” means the Personal Property Securities Act 2009 (Cth) and its regulations as amended and in force from time to time;
– “PPS Register” means the Personal Property Securities Register established under the PPSA; and
– a term used in this clause is taken to have the meaning defined under the PPSA.

Question 14

14. EARLY RETURN

Accepted Answer

Notwithstanding any other clause in this Agreement, Breakthrough Building may demand the early return of the Equipment to the Return Address, or retake possession of the Equipment, if Breakthrough Building reasonably suspects that:
 • damage to the Equipment or injury to any person in connection with the Equipment is reasonably likely; or
 • the Equipment may be used for an unlawful purpose.

Question 15

15. THIRD PARTY GOODS AND SERVICES

Accepted Answer

• If Breakthrough Building is required to acquire goods or services supplied by a third party, the Customer may be subject to the terms and conditions of that third party (‘Third Party Terms’).
 • The Customer agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Customer or Breakthrough Building acquires as part of renting the Equipment and Breakthrough Building will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.

Question 16

16. SUBCONTRACTING

Accepted Answer

Breakthrough Building may subcontract any aspect of providing the Services and the Customer hereby consents to such subcontracting.

Question 17

17. LIABILITY, WARRANTIES AND INDEMNITIES

Accepted Answer

LIABILITY
To the maximum extent permitted by Law, Breakthrough Building’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:
 • is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and
 • is limited, insofar as it concerns other liability, to the total money paid to Breakthrough Building under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
WARRANTIES
 • The Customer acknowledges that in deciding to rent the Equipment and/or acquire the Services and in entering into this Agreement the Customer has not relied on the skill or judgment of Breakthrough Building and that the Customer has satisfied itself as to the condition and suitability and fitness for the Customer’s purpose of the Equipment and/or the Services.
 • To the maximum extent permitted by applicable Law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement are excluded.
 • Nothing in this Agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
INDEMNITIES
The Customer indemnifies Breakthrough Building from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
 • the casual maintenance, use, storage or operation of the Equipment during the Hire Term or otherwise when the Equipment is in the Customer’s possession;
 • injuries to or deaths of persons and damage to property in connection with the Equipment during the Hire Term or otherwise when the Equipment is in the Customer’s possession;
 • any breach of this Agreement by the Customer; or
 • any negligent, fraudulent or criminal act or omission of the Customer or its Personnel.

Question 18

18. TERMINATION

Accepted Answer

TERMINATION BY COMPANY
Breakthrough Building may terminate this Agreement in whole or in part immediately by written notice to the Customer, if the Customer is in breach of any term of this Agreement.
TERMINATION BY THE CUSTOMER
 • The Customer may terminate this Agreement in whole or in part by written notice to Breakthrough Building.
 • If the notice under clause 18.2(a) is:
– 24 hours or more prior to the Start Date, Breakthrough Building will provide the Customer with a full refund of any Fees paid;
– Less than 24 hours prior to the Start Date, Breakthrough Building will provide the Customer with a refund of any Fees paid, minus the Cancellation Fee.
– after the Start Date, the Customer will not be entitled to any refund, unless the Equipment is not of an acceptable quality in accordance with the ACL.
EFFECT OF TERMINATION
Upon termination of this Agreement, the Customer must promptly:
 • pay any payments required by Breakthrough Building in respect of the period of the Hire Term prior to the date of termination; and
 • subject to any contrary direction given by Breakthrough Building, deliver the Equipment and any other goods included in a Hire Form to the Return Address.
SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.

Question 19

19. DISPUTE RESOLUTION

Accepted Answer

• A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
 • A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
 • Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

Question 20

20. NOTICES

Accepted Answer

• A notice or other communication to a party under this Agreement must be:
    • in writing and in English; and
    • delivered via email to the other party, to the email address specified in this Agreement, or if no email address is specified in this Agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this Agreement as at the date of this Agreement (Email Address). The parties may update their Email Address by notice to the other party.

• Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
    • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring Business Day in that state; or
    • when replied to by the other party, whichever is earlier.

Question 21

21. GENERAL

Accepted Answer

GOVERNING LAW AND JURISDICTION
 • This Agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
AMENDMENTS
 • This Agreement may only be amended in accordance with a written agreement between the parties.
WAIVER
 • No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
 • Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this Agreement is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
 • An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
 • A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party.
COUNTERPARTS
 • This Agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this Agreement and all together constitute one agreement.
COSTS
 • Except as otherwise provided in this Agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this Agreement.
ENTIRE AGREEMENT
 • This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.
INTERPRETATION
 • (singular and plural) words in the singular includes the plural (and vice versa);
 • (currency) a reference to $; or “dollar” is to Australian currency;
 • (gender) words indicating a gender includes the corresponding words of any other gender;
 • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
 • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
 • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
 • (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
 • (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
 • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
 • (includes) the word “includes” and similar words in any form is not a word of limitation; and
 • (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.

Question 22

22. DEFINITIONS

Accepted Answer

In addition to capitalised terms defined in the Hire Form above, capitalised terms used in this Agreement will have the following meanings:
TERM
Business Days - means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Queensland, Australia.

Customer - has the meaning set out in the Hire Form.

Equipment - means the Machine and the Included Attachments included in a Hire Form.

Fees - has the meaning set out in the Hire Form.

Hire Form - has the meaning set out in clause 1(a) of these Hire Terms.

Hire Term - means the period of Equipment Hire, from the Start Date set out in the Hire Form until the Equipment is returned to Breakthrough Building.

Job Site - means the job site specified in the Hire Form.

Late Charge - means the late charge set out in the Hire Form.

Laws - mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Services are provided and includes any industry codes of conduct.

Machine - has the meaning set out in the Hire Form.

Personnel - means, in respect of a party, that party’s officers, employees, contractors (including subcontractors) and agents.

PPSA - means the Personal Property Securities Act 2009 (Cth) and PPS Register means the register established and maintained under that Act.

Return Address - means the return address set out in the Hire Form.

Return Date - has the meaning set out in the Hire Form.

Services - means the Services listed in the Hire Form to be provided to the Customer by Breakthrough Building.

Start Date - has the meaning set out in the Hire Form.

Third Party Terms - has the meaning set out in clause 16.

Website - means the website https://www.breakthroughbuilding.com.au/