Hire Terms and Conditions

These terms are also called the Queensland Fence Hire Booking Terms and Conditions. They apply to every quote, booking and hire.

Key terms at a glance

This summary is here to help you. It does not replace the full terms below. If anything in this summary is inconsistent with the full terms, the full terms apply.

• Acceptance. You accept these terms when you sign or electronically accept a Quote or Booking Form, pay any amount, or let us deliver or install the Equipment.
• Hire is charged weekly in advance. The minimum hire period is 4 weeks unless your Quote says otherwise. Part weeks are charged as full weeks. Prices are in Australian dollars and GST is shown.
• Hire continues until off-hire. Give us at least 2 Business Days’ notice to collect. Hire charges continue until the off-hire date, and longer if we cannot collect because of you.
• Underground services (BYDA). We may drive or drill pins, pegs or stakes into the ground. Before installation you must lodge a Before You Dig Australia (BYDA) enquiry, mark any private services, and confirm in writing that there are no underground services at the install locations. If we do not receive that confirmation, we may refuse or delay installation. You are responsible for damage to underground services and the costs that follow, except to the extent we caused it by our own negligence.
• You look after the fence. From delivery until we collect it, you are responsible for loss, theft and damage. Do not climb, move, alter or add signs or shade cloth without our approval. Check the fence every day and after strong winds. Report damage or theft to us, and theft to the police, promptly.
• Replacement and cleaning charges. Lost, stolen or unrepairable items are charged at the rates in the Schedule. Cleaning (for example graffiti, concrete or paint) is charged per panel.
• Late payment. If you pay late, we may charge interest and a late payment fee. After written notice, we may suspend the hire and remove the Equipment.
• Permits, safety and insurance. You are responsible for council and road permits, overall site safety, and insuring the site.
• Your rights under the Australian Consumer Law remain. Nothing in these terms takes away rights that cannot legally be excluded.

Part A: The agreement

1. Definitions and interpretation

1.1 In these terms:

• ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• Agreement means the Quote and/or Booking Form, these terms, the Schedule of Fees and Charges and any written variation agreed under clause 33.
• Business Day means a day other than a Saturday, Sunday or public holiday in the place where the Site is located.
• BYDA means Before You Dig Australia (formerly Dial Before You Dig), available at byda.com.au.
• BYDA Confirmation means your written confirmation under clause 10.4.
• Booking Form means our booking form, whether paper or electronic, completed and accepted by you.
• Bond means a security deposit described in clause 7.
• Equipment means everything we supply to you, including temporary fence panels (usually 2.4 m x 2.1 m), gates, feet or bases, clamps, couplers, stays, braces, pins, pegs, stakes, sandbags, ballast, shade cloth, mesh screens, signage, and any parts, accessories or replacements.
• Hire Charges means the weekly hire rate and all other fees and charges payable under the Agreement.
• Hire Period has the meaning given in clause 4.
• Hirer, you and your means the person, company or other entity named as the hirer in the Quote or Booking Form. If more than one, it means each of them jointly and severally.
• Install Locations means the fence line and every point where we place, drive, drill or anchor Equipment, including a reasonable working zone of 1 metre on each side of the fence line and around each stay.
• Loss means any loss, damage, liability, cost, expense, claim, fine or penalty, including reasonable legal costs.
• Minimum Hire Period means 4 weeks, or the different period stated in the Quote.
• Off-Hire Notice means a notice given under clause 5.2.
• PPSA means the Personal Property Securities Act 2009 (Cth).
• QFH, we, us and our means [legal entity name] trading as Queensland Fence Hire, ABN [ABN], and its employees, contractors and agents.
• Quote means our written quote, booking confirmation or tax invoice describing the Equipment, rates and services.
• Schedule means the Schedule of Fees and Charges at the end of these terms, as updated in your Quote.
• Site means the address or location where the Equipment is delivered or installed.
• Underground Services means any pipe, cable, conduit or other asset below the ground surface, including electricity, gas, water, sewer, stormwater, telecommunications and fibre, irrigation, fuel, drainage, septic, pool and solar lines, whether owned by a utility, a public authority or a private owner.

1.2 Headings and the summary are for convenience only. “Including” means “including without limitation”. A reference to a law includes any amendment or replacement of it.

2. Quotes and acceptance

2.1 A Quote is valid for 30 days unless it states otherwise and is subject to Equipment availability and an inspection of Site conditions.

2.2 You accept the Agreement, and these terms apply to every hire, when the first of the following happens: (a) you sign or electronically accept the Quote or Booking Form; (b) you pay any amount towards the hire, including a deposit or Bond; or (c) you instruct or allow us to deliver or install the Equipment.

2.3 These terms apply instead of any terms you propose, such as terms in a purchase order, unless we agree otherwise in writing.

2.4 Quantities and rates are based on the information you give us. If the actual fence length, Site conditions or access differ, we will tell you, and any extra Equipment or work will be charged at the rates in the Quote or Schedule.

2.5 If the Hirer is a company, the person who accepts the Agreement warrants that they are authorised to bind the company. If we ask, a director must also sign the guarantee in the Booking Form.

2.6 Electronic acceptance, electronic signatures and notices sent by email or SMS are valid and binding.

3. Equipment

3.1 We supply Equipment in good, clean and serviceable condition. Our standard fence system is hot-dip galvanised mesh panels (2.4 m wide x 2.1 m high, 2.5 mm mesh wire, 150 x 60 mm anti-climb mesh, 32 mm frame tube, about 10 kg each), set in orange plastic bases filled with concrete (about 26 kg each) and joined with galvanised clamps sized for the 32 mm tube. Gates, stays and other accessories are available on request and are supplied only where your Quote lists them.

3.2 Our fencing is construction and event fencing. It is not a pool safety barrier and we do not supply pool safety barriers. You must not use the Equipment as a pool safety barrier. If your Site needs one, you are responsible for arranging a compliant barrier separately.

3.3 You must check the Equipment when it is installed and tell us within 24 hours of any missing, damaged or unsuitable item. If you do not, the Equipment is taken to have been delivered complete and in good condition, unless we were at fault or the defect could not reasonably have been seen.

Part B: Hire period and charges

4. Hire Period and minimum hire

4.1 The Hire Period starts on the day the Equipment is delivered to the Site (or installation starts, if earlier). It continues until the end date set under clause 5.

4.2 The Minimum Hire Period applies to every hire. If you off-hire earlier, the Hire Charges for the full Minimum Hire Period are still payable. This reflects our delivery, installation, collection and administration costs, which are built into the weekly rate.

4.3 Each hire week is 7 consecutive days starting on the start date. Hire is charged for calendar days, including weekends and public holidays, whether or not you use the Equipment.

4.4 Part weeks are charged as full weeks.

4.5 After the Minimum Hire Period ends, the hire continues week by week until it ends under clause 5. You do not need to request an extension.

5. Off-hire and collection

5.1 You remain responsible for the Equipment, and Hire Charges continue, until the Hire Period ends.

5.2 To end the hire, give us an Off-Hire Notice by email, our website form or SMS to the number in the Quote. The notice must include the Site address and the date the Equipment will be ready. We will reply with an off-hire reference. A phone call alone is not an Off-Hire Notice unless we confirm it in writing.

5.3 The Hire Period ends on the later of: (a) 2 Business Days after we receive your Off-Hire Notice; and (b) the date stated in your notice as the date the Equipment is ready for collection.

5.4 If, when we attend to collect, the Equipment cannot be collected because of you (for example blocked access, locked gates, Equipment in use, Equipment covered, buried in concrete or soil, or attachments not removed), the Hire Period continues until the Equipment is actually collected, and a wasted trip fee applies.

5.5 Until we collect the Equipment, you must keep it secure, together and accessible. Risk stays with you until we collect it (clause 13).

5.6 We will try to collect within 5 Business Days after the Hire Period ends. If we take longer for our own reasons, no further Hire Charges apply after the end of the Hire Period, but you must still keep the Equipment reasonably secure. In that case your liability for theft of or damage to the Equipment ends 5 Business Days after the Hire Period ends, unless you caused or contributed to the loss.

6. Weekly payments, GST and late payment

6.1 Hire Charges are payable weekly in advance. The first week’s hire, and any delivery and installation charges, are payable before delivery unless your Quote says otherwise. Each later week is payable on or before the first day of that week.

6.2 For accounts approved in writing by us, invoices are payable within the terms on the invoice. We can withdraw account terms by written notice if you pay late.

6.3 Accepted payment methods are bank transfer (EFT), credit or debit card, and direct debit. Where permitted by law, we may charge a card surcharge that does not exceed our cost of accepting the card.

6.4 Card on file and direct debit authority. If you choose card on file or direct debit in the Booking Form, you authorise us (and our payment provider) to charge that card or account for: (a) each weekly Hire Charge on or after its due date; and (b) any other amount due under the Agreement, but only after we have sent you an invoice and given you at least 3 Business Days to dispute it in writing. We will not process a disputed amount (other than weekly Hire Charges) until the dispute is resolved under clause 30, except where the amount is undisputed. You may cancel this authority by written notice, but you must then pay by another accepted method. Direct debits are also governed by the direct debit request service agreement of our payment provider.

6.5 GST. Unless stated otherwise, amounts in the Schedule are shown exclusive of GST, with the GST-inclusive amount also shown. GST is payable in addition at the same time as the amount it relates to. We will issue tax invoices.

6.6 Late payment. If any amount is not paid by its due date, we may charge: (a) interest on the overdue amount at 10% per year, calculated daily, from the due date until paid; (b) a late payment administration fee of $25 (ex GST) per overdue invoice, reflecting our reasonable cost of follow-up; and (c) our reasonable costs of recovering the debt, including dishonour fees charged by banks and reasonable mercantile agent and legal costs.

6.7 You must not set off, withhold or deduct any amount (including any retention) from payments due to us, except where the law gives you that right.

6.8 Nothing in the Agreement limits our rights under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) or the Building and Construction Industry Security of Payment Act 1999 (NSW) where they apply.

6.9 Weekly rates in your Quote are fixed for the first 6 months of the hire. After that, we may change the weekly rate by giving you at least 30 days’ written notice. If you do not accept the change, you may off-hire before it takes effect without any minimum period charge.

7. Bond (security deposit)

7.1 We may require a Bond, as stated in the Quote or Booking Form, before delivery.

7.2 The Bond is security for your obligations. We may apply it to any amount that is due and unpaid, after giving you written notice of the amount and how it is calculated. If we apply any part of the Bond during the hire, you must top it up within 5 Business Days of our request.

7.3 We will refund the Bond, less any amounts properly applied, within 14 days after the Equipment is collected and checked and all amounts are paid. No interest is payable on the Bond. A Bond is not a cap on your liability.

8. Non-payment: suspension and removal

8.1 If any amount remains unpaid 7 days after its due date, we may give you written notice requiring payment within at least 3 Business Days. If you do not pay within that time, we may do any or all of the following: (a) suspend further deliveries and services; (b) end the hire and collect the Equipment; and (c) charge the collection at our standard collection and labour rates.

8.2 Before we remove Equipment that forms part of a safety barrier, we will tell you the planned removal date so that you can make the Site safe or arrange alternative fencing. You are responsible for site safety, including compliance with WHS and pool safety laws, once the Equipment is removed under this clause. We are not liable for any Loss arising from a removal made in accordance with this clause, except to the extent caused by our negligence in carrying out the removal.

8.3 Hire Charges continue until the Equipment is collected, and the Minimum Hire Period still applies.

Part C: Delivery, installation and the site

9. Delivery, installation and collection

9.1 We deliver, install and collect by vehicle and trailer during our normal working hours ([7:00 am to 4:00 pm], Monday to Friday, excluding public holidays), unless the Quote says otherwise. Work outside those hours is charged at the after-hours rate in the Schedule.

9.2 Delivery and collection dates are estimates. We will make reasonable efforts to meet them and tell you of any delay. We are not liable for delays caused by weather, traffic, Site conditions, your acts or omissions, or events under clause 31.

9.3 Unless the Quote says otherwise, the price includes one delivery and installation and one final collection. Extra visits (for example adding or removing panels, relocating the fence, re-standing a fence that has been knocked or blown over, or partial collections) are charged at the call-out and labour rates in the Schedule.

9.4 Access and site readiness. You must ensure that on the agreed day: (a) our vehicle and trailer have safe, clear, legal access to within 20 metres of the fence line; (b) the fence line is marked, cleared of vegetation, rubbish, materials and vehicles, and reasonably level and firm; (c) the ground is suitable for pins or stakes, or you have told us it is not (for example rock, concrete, slab or bitumen); and (d) someone authorised is available if we need instructions.

9.5 Wasted trip. If we attend and cannot start or complete delivery, installation or collection because of something within your control (including no BYDA Confirmation, no access, an unready Site or unsafe conditions), we may charge a wasted trip fee and any extra labour and travel at Schedule rates.

9.6 Changes and cancellations. You may cancel or reschedule a delivery free of charge by notice before 12:00 pm on the Business Day before the scheduled date. Later cancellations attract the wasted trip fee only.

9.7 Our installation crew will set out the fence on the line you show us. You are responsible for ensuring the fence line is on land you are entitled to use and does not encroach onto neighbouring land, a footpath or road without the necessary approval.

9.8 If you ask us to drop off Equipment without installing it, you are responsible for installing it safely, in line with our instructions. You also take on all of our installation-related responsibilities under these terms, including those relating to Underground Services.

10. Underground services and Before You Dig Australia (BYDA)

10.1 Ground penetration. You acknowledge that installing temporary fencing may involve driving or drilling pins, pegs, star pickets, stakes or anchors into the ground (typically to a depth of up to [600] mm) to secure feet, bases, stays and braces against wind and impact. It may also involve placing heavy feet and ballast on the ground surface.

10.2 Your BYDA obligations. Before the installation date you must, at your cost:

(a) lodge a BYDA enquiry covering the whole Site and all Install Locations at least 2 Business Days before installation, and keep it current for the duration of the hire if we need to re-install, relocate or add Equipment;

(b) obtain and review all plans and information supplied by asset owners in response;

(c) identify and clearly mark on the ground (for example with paint or flags) all private Underground Services at or near the Install Locations. You acknowledge that BYDA plans usually only show assets owned by network operators and generally do not show private services within the property, such as private power to outbuildings, irrigation, stormwater, septic, pool, solar or gas lines;

(d) where plans or markings show Underground Services at or near the Install Locations, engage a qualified service locator to locate and mark them, or tell us so that we can agree a different fence line or a non-penetrating (ballast only) installation at the Quote or Schedule rates; and

(e) comply with any conditions imposed by an asset owner.

10.3 Provide information to us. If we ask, you must give us the BYDA job or enquiry number, a copy of the plans and any locator report.

10.4 Written BYDA Confirmation. Before installation starts, you must confirm in writing (by completing the BYDA section of the Booking Form, or by email) that:

(a) you have lodged a BYDA enquiry and reviewed the responses;

(b) all private Underground Services have been identified and marked; and

(c) there are no Underground Services at the Install Locations, or any that exist have been accurately located and marked and the fence line has been agreed to avoid them.

10.5 We may refuse or delay installation. If we have not received the BYDA Confirmation, or if we reasonably believe it is incorrect or that there is a risk to Underground Services, we may refuse or delay all or part of the installation, install using a non-penetrating method at extra cost, or move the fence line with your agreement. Clause 9.5 (wasted trip) applies. The Hire Period and Hire Charges are not suspended because of a delay caused by missing or incorrect BYDA Confirmation.

10.6 We rely on your confirmation. We are entitled to rely on your BYDA Confirmation and markings. We are not required to carry out our own search, location or potholing, although we may choose to do so at our discretion.

10.7 Your liability and indemnity. You are liable for, and indemnify us against, all Loss arising from damage to, contact with or interference with any Underground Services at the Site in connection with the installation, use, relocation or removal of the Equipment. This includes repair and reinstatement costs charged by asset owners, emergency call-outs, outages, third-party claims, fines and penalties, and any injury, death or damage to property that results. This clause does not apply to the extent the Loss was caused by our negligence, including where we penetrate the ground outside the agreed Install Locations or ignore markings that you clearly showed us.

10.8 If a service is struck. If any Underground Service is struck or suspected to be damaged, both parties must immediately make the area safe, keep people clear, and notify the relevant asset owner and emergency services where required. We may stop work, and costs of our time and re-attendance are payable by you under clause 10.7 unless the exception in that clause applies.

11. Permits, approvals and compliance with laws

11.1 You are responsible for obtaining, paying for and complying with all permits, approvals, consents and notices needed for the Equipment to be placed at the Site. This includes any council approval to occupy a footpath, verge or road reserve (for example under the local laws of the City of Gold Coast, Brisbane City Council and other South East Queensland councils, or consent under section 138 of the Roads Act 1993 (NSW) from Tweed Shire Council or another roads authority), traffic management plans, traffic control and approvals from the owner of the land.

11.2 Unless the Quote says we will obtain a permit, we may ask for a copy of the permit before installation, and we may refuse to install on public land without it.

11.3 You indemnify us against any fine, penalty or Loss arising from the absence of, or a breach of, any permit or approval that you were responsible for, except to the extent caused by our negligence.

11.4 You must comply with all laws that apply to the Site and the use of the Equipment, including work health and safety, building, pool safety, environmental and local laws.

Part D: Your responsibilities during the hire

12. Use and care of the Equipment

12.1 You must:

(a) use the Equipment only as a temporary fence or barrier at the Site, for the purpose stated in the Quote;

(b) keep the Equipment secure, including locking gates outside working hours where appropriate;

(c) inspect the fence line every day, and after any strong wind, storm, vehicle impact or excavation, to make sure the fence is upright, the panels are clamped, stays and sandbags are in place and no gaps exist, and promptly correct minor issues (for example re-fitting a clamp) where safe;

(d) tell us as soon as possible, and within 24 hours, of any damage, missing items, or fence that has fallen, been pushed over or become unstable;

(e) keep the Equipment free of graffiti, concrete, render, paint, mud build-up, adhesives, cable ties and vegetation, and return it in the same condition as delivered (fair wear and tear excepted);

(f) keep excavations, stockpiles, machinery and vehicles a safe distance from the fence so they do not undermine or strike it; and

(g) follow any reasonable written instructions or safety information we give you.

12.2 You must not, and must not allow anyone else to:

(a) climb on, lean ladders against, sit on or stand on the Equipment;

(b) move, relocate, dismantle, open up or alter the fence (other than using gates as intended), or remove any clamp, stay, brace, sandbag or foot;

(c) attach shade cloth, mesh, banners, signs, hoardings, advertising or other coverings, except those supplied or approved in writing by us. Coverings greatly increase wind loading and may require extra bracing and ballast, which will be charged at Schedule rates;

(d) attach or lean anything heavy against the fence, or use it to support materials, scaffolding, electrical leads or lighting;

(e) cut, weld, drill, paint or modify any part of the Equipment;

(f) remove the Equipment from the Site, or allow it to be used at any other site; or

(g) sub-hire, lend, sell, give, mortgage or otherwise deal with the Equipment, or allow any lien or security interest to arise over it.

12.3 Weather and wind. Temporary fencing can be blown over in strong winds, especially with coverings attached. When the Bureau of Meteorology issues a severe weather, severe thunderstorm, destructive wind or cyclone warning for the Site area, you must take reasonable steps to make the fence safe. This includes removing or releasing coverings, checking stays and sandbags, keeping people clear and contacting us if you need extra bracing. Extra bracing or a re-stand is charged at Schedule rates unless the failure was caused by our defective installation.

12.4 Sandbags and ballast. Sandbags or ballast supplied with stays must stay in position. You must not remove sandbags for other uses.

13. Risk and responsibility for the Equipment

13.1 Risk of loss, theft and damage to the Equipment passes to you when it is delivered to the Site (or when we leave it at the Site for you to install), and stays with you until we collect it or the time in clause 5.6.

13.2 You are responsible for any loss, theft or damage to the Equipment during that time, however caused, except: (a) fair wear and tear; and (b) to the extent caused by our negligence or breach of the Agreement.

14. Theft, vandalism and incidents

14.1 If any Equipment is stolen or maliciously damaged, you must: (a) report it to the police (Queensland Police Service on Policelink 131 444, or NSW Police Assistance Line 131 444) as soon as practicable and within 48 hours of discovery; (b) tell us within 24 hours; and (c) give us the police event or report number.

14.2 If anyone is injured, or property is damaged, in connection with the Equipment, you must tell us within 24 hours, preserve the scene where safe, and cooperate with any investigation by us, our insurer or a regulator.

14.3 Reporting a theft does not end your liability under clause 15.

15. Lost, stolen and damaged Equipment

15.1 Lost or stolen Equipment. For each item that is lost, stolen, or not available for collection when we collect, you must pay the replacement charge in the Schedule. Hire Charges for those items continue until the earlier of the date you report the loss to us in writing and the date you pay the replacement charge. If you have reported a theft to the police as required by clause 14.1, Hire Charges for the stolen items stop on the date you report the theft to us.

15.2 Damaged Equipment. For damaged items, you must pay the reasonable cost of repair (parts and labour at Schedule rates), or, if we reasonably assess an item as unsafe or uneconomic to repair, the replacement charge in the Schedule. Repair charges for an item will not exceed its replacement charge.

15.3 Cleaning. If Equipment is returned with graffiti, concrete, render, paint, adhesive, excessive mud, vegetation or other contamination beyond fair wear and tear, you must pay the cleaning fee in the Schedule per affected panel or item. If an item cannot be cleaned to a re-hireable standard, clause 15.2 applies instead.

15.4 Recovery and call-outs. If we must attend the Site to re-stand, repair, secure or recover Equipment because of your breach, a third party’s act (including vandalism or a vehicle impact), or weather where clause 12.3 was not followed, you must pay the call-out fee and labour at Schedule rates.

15.5 How we set the replacement charges. The replacement charges in the Schedule are a genuine pre-estimate of our reasonable cost of replacing each item with an equivalent item, and are in line with market rates for temporary fencing equipment. They are not a penalty. We review them periodically, and the charges that apply to your hire are those in the Schedule as updated in your Quote.

15.6 Return of items found later. If an item you have paid for as lost or stolen is returned to us within 30 days of payment in good, re-hireable condition, we will refund the replacement charge, less Hire Charges up to the date of return and any repair or cleaning charges.

15.7 We will give you an itemised invoice for any amount under this clause 15, with photographs of damage where practicable. You may dispute it under clause 30 within 7 days.

15.8 Ownership of Equipment does not pass to you when you pay a replacement charge.

16. Insurance

16.1 You are responsible for insuring against your risks under the Agreement. Unless the Quote says otherwise, during the hire you must hold:

(a) public liability insurance of at least $10 million per occurrence (or $20 million if you are a builder or contractor, or if the fence is on or next to a public place) that covers your liability for the Site and the Equipment; and

(b) insurance covering loss of and damage to hired equipment for its full replacement value, or contract works insurance that covers hired-in plant, where available to you.

16.2 Your liability under the Agreement does not depend on whether you hold insurance or whether your insurer pays. Domestic hirers should check whether their home and contents policy covers hired items and liability, and may need extra cover. You must give us a certificate of currency if we ask.

16.3 Our public liability insurance covers our own liability only. It is not insurance for your benefit, and the Hire Charges do not include any damage waiver unless your Quote expressly says so.

17. Work health and safety

17.1 You acknowledge that you, or your principal contractor, are the person conducting a business or undertaking (PCBU) with management or control of the Site, and that you are responsible for overall safety at the Site and for public safety around the fence, under the Work Health and Safety Act 2011 (Qld) or (NSW) as applicable.

17.2 Before we attend, you must tell us about any Site hazards we may not know about, including Underground Services, overhead power lines, asbestos, contamination, excavations, unstable ground, traffic, dogs and plant movements. You must provide any Site induction you require (induction time is chargeable at Schedule labour rates).

17.3 We are responsible for the safety of our own workers and for performing our delivery, installation and collection work safely. We will prepare our own risk assessment and, where required by law, a safe work method statement (SWMS) for our work, and give you a copy on request. We will comply with reasonable Site rules that you tell us about in advance.

17.4 Our crew may stop work, or refuse to install or collect, if they reasonably consider conditions unsafe, including in severe weather. Clause 9.5 applies if the unsafe condition was within your control.

17.5 We are not the principal contractor and do not take on responsibility for the Site, security of the Site, or ongoing inspection of the fence, unless we have agreed in writing to provide those services for an extra fee.

Part E: Ownership and security

18. Ownership

18.1 We (or our financier) own the Equipment at all times. You hold it as bailee only. The Equipment remains our personal property and does not become a fixture, even if it is anchored or attached to land.

18.2 You must not do anything that suggests to anyone that you own the Equipment, and you must not remove or cover our name or identifying marks.

18.3 If a third party (such as a landlord, receiver, liquidator or creditor) tries to take or claim the Equipment, you must tell them that we own it and notify us immediately.

19. Personal Property Securities Act (PPSA)

19.1 You acknowledge that the Agreement may create a security interest in the Equipment (including as a PPS lease where the hire continues, or may continue, for long enough to be one) and in proceeds, securing all amounts you owe us under the Agreement. That security interest is a purchase money security interest to the extent permitted by the PPSA.

19.2 You consent to us registering a financing statement on the Personal Property Securities Register. You must promptly do anything we reasonably ask to perfect, register or enforce our security interest, and must tell us at least 14 days before you change your name or ABN.

19.3 To the extent the law allows, and if the Hirer is not a consumer, you agree that sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA do not apply, and you waive your right to receive a verification statement under section 157.

19.4 Where you hold the Equipment as a business, you must not allow any other security interest to attach to it.

20. Our right to enter and inspect or recover

20.1 You authorise us to enter the Site during reasonable hours, and after giving reasonable notice where practicable, to inspect, maintain, repair or replace the Equipment.

20.2 If the Agreement has ended, or we are entitled to recover the Equipment under clause 8 or 23, you authorise us to enter the Site to recover the Equipment. If you do not own the Site, you must obtain this right of entry for us from the owner or occupier. We will take reasonable care to avoid damage when entering and recovering, and will not use force against any person.

20.3 You indemnify us against claims by the owner or occupier of the Site arising from our proper exercise of these rights, except to the extent caused by our negligence.

Part F: Liability

21. Australian Consumer Law and limitation of our liability

21.1 Your statutory rights. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in the Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the ACL or any other law, that cannot lawfully be excluded, restricted or modified.

21.2 Limited remedies where permitted. Where the law allows us to limit our liability for breach of a non-excludable guarantee (for example under section 64A of the ACL, where the goods or services are not of a kind ordinarily acquired for personal, domestic or household use), our liability is limited, at our option, to: (a) for goods, replacing or repairing them or paying the cost of doing so; and (b) for services, supplying them again or paying the cost of having them supplied again.

21.3 Exclusion of other warranties. Except as stated in clause 21.1 and in the Agreement, all other warranties and representations are excluded to the extent the law allows. You have relied on your own judgment about whether the Equipment suits your purposes, except where you told us your purpose and relied on our advice.

21.4 Consequential loss. To the extent permitted by law, neither party is liable to the other for any indirect or consequential loss, or for loss of profit, revenue, opportunity, use or production, or for delay costs or liquidated damages under another contract. This clause does not limit: (a) your obligation to pay Hire Charges, replacement, repair, cleaning, call-out and recovery charges; or (b) your liability under clauses 10.7 (Underground Services), 11.3 (permits) and 22 (indemnity).

21.5 Cap. To the extent permitted by law and subject to clauses 21.1 and 21.2, our total liability to you arising from or in connection with each hire, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total Hire Charges paid by you for that hire.

21.6 What is not limited. Nothing in this clause 21 limits our liability for death or personal injury caused by our negligence, or for our fraud or wilful misconduct.

21.7 Reduction for contribution. Each party’s liability to the other is reduced to the extent the other party (or its personnel or contractors) caused or contributed to the Loss.

22. Indemnity by you

22.1 You indemnify us against all Loss we suffer or incur arising from: (a) your breach of the Agreement; (b) the use, misuse, movement or condition of the Equipment while it is at your risk; (c) any injury, death, or damage to property (including Underground Services and neighbouring property) in connection with the Equipment while it is at your risk; (d) any claim by a third party relating to the Site, access to it or the location of the fence; and (e) recovering the Equipment or any amount owed under the Agreement.

22.2 This indemnity does not apply to the extent the Loss was caused or contributed to by our negligence, breach of the Agreement, fraud or wilful misconduct.

22.3 This indemnity continues after the Agreement ends.

Part G: Default, termination and general

23. Default and termination

23.1 You are in default if: (a) you do not pay an amount within 7 days after its due date; (b) you breach any other term and do not remedy the breach (if it can be remedied) within 5 Business Days after written notice from us; (c) you breach clause 12.2(f) or (g) (removal from Site, sub-hire or dealing with the Equipment); (d) you become insolvent, bankrupt, or go into administration, receivership or liquidation, or enter into an arrangement with creditors; or (e) the Equipment is seized, or is at serious risk of loss or damage because of your acts or omissions.

23.2 If you are in default, we may, by written notice, do one or more of the following: (a) terminate the Agreement or any hire; (b) suspend services; (c) recover the Equipment under clause 20; and (d) require immediate payment of all amounts owing, including Hire Charges up to the end of the Minimum Hire Period (if not yet passed) and Hire Charges up to the date the Equipment is recovered.

23.3 Your right to end the hire. You may end the hire at any time by giving an Off-Hire Notice. The Minimum Hire Period still applies. If we materially breach the Agreement and do not remedy the breach within 5 Business Days after your written notice, you may terminate the Agreement and the Minimum Hire Period does not apply.

23.4 Our right to end the hire without default. We may end a hire by giving you at least 14 days’ written notice. In that case the Minimum Hire Period does not apply and we will refund any prepaid Hire Charges for the period after collection.

23.5 Termination does not affect rights and liabilities that have already accrued, or clauses intended to continue, including clauses 10.7, 15, 19, 21, 22 and 30.

24. Personal guarantee (company and trust hirers)

24.1 If a director, trustee or other person signs the guarantee section of the Booking Form, that person guarantees the Hirer’s payment and performance under the Agreement and indemnifies us against Loss if the Hirer does not pay or perform. We may enforce the guarantee without first taking action against the Hirer. The guarantee continues until all amounts are paid, even if the Agreement is varied with the Hirer’s consent. Guarantors should get independent legal advice before signing.

25. Privacy

25.1 We collect personal information (such as names, contact details, Site address, payment and credit information, and BYDA and permit details) to quote, deliver, manage and invoice your hire, to protect and recover our Equipment, and to comply with the law.

25.2 We may disclose your information to our payment providers, insurers, professional advisers, debt collectors, asset owners and authorities (for example after a services strike or theft), and to the PPSR. We handle personal information in line with the Australian Privacy Principles and our Privacy Policy at queenslandfencehire.com.au. That policy explains how you can access or correct your information and how to complain.

25.3 We store card details only through PCI-DSS compliant payment providers.

26. Notices

26.1 Notices must be in writing and may be given by hand, post or email to the addresses in the Booking Form (or as updated by notice), or by SMS for operational matters such as Off-Hire Notices and delivery changes.

26.2 An email or SMS notice is received when it enters the recipient’s system, unless the sender receives an automated message that it was not delivered. If it is received after 5:00 pm or on a day that is not a Business Day, it is taken to be received on the next Business Day. A posted notice is received on the fifth Business Day after posting.

27. Assignment and subcontracting

27.1 You may not assign or transfer your rights under the Agreement without our written consent. We may subcontract delivery, installation or collection to suitably qualified contractors, and remain responsible for their work. We may assign our rights to receive money owed under the Agreement.

28. Severability

28.1 If any part of the Agreement is void, unenforceable or unfair under any law, it is to be read down to the extent necessary or, if that is not possible, severed. The rest of the Agreement continues to apply.

29. Entire agreement and order of priority

29.1 The Agreement is the entire agreement between us about the hire and replaces any earlier discussions. If there is an inconsistency, the documents apply in this order: (a) special conditions written in the Quote; (b) these terms; (c) the Schedule; (d) the Booking Form.

30. Disputes

30.1 If a dispute arises, the party raising it must give written notice with details. Both parties must then try in good faith to resolve it within 10 Business Days. If it is not resolved, either party may refer it to mediation through a recognised mediation provider in Queensland, with costs shared equally.

30.2 This clause does not stop either party from seeking urgent court orders, from commencing proceedings to recover a debt that is not genuinely disputed, or from exercising any right you have to go to a tribunal such as QCAT or NCAT, or to a fair trading office.

30.3 You must continue to pay undisputed amounts while a dispute is being resolved.

31. Force majeure

31.1 Neither party is liable for a delay or failure to perform (other than a payment obligation) caused by an event beyond its reasonable control, such as severe weather, flood, bushfire, cyclone, pandemic, industrial action, road closure, or an act of government. The affected party must notify the other party promptly and take reasonable steps to minimise the effect.

31.2 If we cannot deliver because of a force majeure event, Hire Charges do not start until delivery. If installed Equipment cannot be accessed or used because of such an event, Hire Charges continue unless we agree otherwise, but either party may end the hire on notice if the event continues for more than 4 weeks, without the Minimum Hire Period applying.

32. Governing law and jurisdiction

32.1 The Agreement is governed by the laws of Queensland. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts that can hear appeals from them. This does not affect any right to bring proceedings in New South Wales where the Site is in New South Wales and the law gives you that right.

33. Variation and waiver

33.1 The Agreement may only be varied in writing signed or agreed by email by both parties. However, we may update these terms for future hires by publishing a new version on our website. For a current hire, any change we propose takes effect only if you agree or 30 days after we notify you. If the change would disadvantage you and you do not agree, you may off-hire before it takes effect without the Minimum Hire Period applying.

33.2 A failure or delay by either party to exercise a right is not a waiver of it. A waiver must be in writing.

34. General

34.1 Where the Hirer is more than one person, each is liable jointly and individually.

34.2 Clauses relating to payment, liability, indemnities, the PPSA, ownership and disputes survive the end of the Agreement.

Schedule of Fees and Charges

These rates apply unless different rates are stated in your Quote. We may update this Schedule from time to time for new hires. The rates that apply to your hire are those in your Quote or Booking Form. Amounts are in Australian dollars.

Replacement charges (lost, stolen or damaged beyond economical repair)

Cleaning and repair

Service, call-out and recovery charges

Acceptance

You can accept these terms by completing our online booking form, or by completing, signing and returning the printable booking form (PDF). Paying any amount, or allowing us to deliver or install the Equipment, is also acceptance (clause 2.2).