Terms & Conditions

1.1 The Owner is DBM Specialists Pty. Ltd. T/A DBM Signs
1.2 The equipment means all the Equipment, accessories and parts supplied to the Customer.
1.3 The Customer is the person, firm or corporation hiring the Equipment from the Owner as
specified on the Hire Order. The person signing on behalf of the Customer warrants that such
person is the Customer or is duly and properly authorised to act as agent for the Customer.
The Owner may request proof of identity of the Customer.

2.1 The Hiring Period shall be as specified Hire Order or as otherwise varied by sub-
2.2 Herein, which ever shall be the greater.
2.3 The Hiring Period commences from the time the Equipment leaves the Owner’s premises
and ends upon its return.
2.4 Extensions of the Hiring Period shall otherwise be by consent of the Owner. 2.5 Hire
rates shall be based on an 8 hour period of use (1 day) additional hours e.g. 16 hours will be
charged 11⁄2 times 8 hour rate, 24 hours twice 8 hour rate.

3.1 All Equipment & accessories supplied are not insured against theft, loss and damage
under any circumstances. It is the customer’s total responsibility for the security of and any
damage to all equipment whilst on hire and the customer acknowledges that the customer is
not relying on any representation made by the Owner in this regard.
3.2 Equipment hired under this hire agreement not returned buy the date and time due in over
may be regarded as stolen unless we are notified otherwise.

The Owner may require the Customer to pay Additional Charges in respect of and calculated
as follows:
4.1 return of Equipment outside the Hiring Period is at the discretion of the Owner;
4.2 freight and other charges for the delivery, installation, collection or pick up of the
Equipment by the Owner if;
4.2.1 Equipment is deemed damaged by the customer from misuse or abuse.
4.2.2 Equipment has to be recovered after theft.
4.3 any cost by the Owner in the cleaning of the Equipment after hire;
4.4 the cost of rectifying any damage to the Equipment caused by the Customers use thereof
or which occurs during the hire period;
4.5 all road tolls, fines and penalties paid or payable by the Owner caused by the Customers
use of the Equipment or which occurs during the hire period;
4.6 repossession costs incurred by the Owner pursuant to clause 14 or otherwise;
4.7 the cost of consumable items supplied by the Owner and used by the Customer;
4.8 all operating costs of the Equipment during the period of hire incurred by the Owner;
4.9 the cost of replacement of any Equipment lost or stolen during the Hiring period;
4.10 any set up, folding, stacking, bagging and/or service calls carried out at the Customer’s

The Owner may require a Security Deposit from the Customer prior to and as a condition of
the commencement of the Hiring Period and the Owner shall be permitted to deduct from the
Security Deposit any Additional Charges or other moneys due but unpaid in respect of use
and hire of the Equipment.

6.1 The Customer acknowledges that it has examined the Equipment and the accessories prior
to taking possession hereunder and that it is in clean and good working order and condition
and agrees to inspect the Equipment periodically (at least every day of hire) and to maintain
the Equipment in a safe, secure and proper working condition.
6.2 The Customer acknowledges that it has received full and adequate instructions from the
Owner as to the operation and safe use of the Equipment accessories and consumables used
in relation thereto.
6.3 The Customer shall use the Equipment only:
6.3.1 in a skillful, safe & proper manner and only for the proper purpose for which it was
manufactured and intended and for the purpose for which it was hired from the owner;
6.3.2 in accordance with all relevant provisions of law and statute.
6.4 The Customer shall:
6.4.1 be responsible for the safe keeping and protection from loss or theft of the Equipment;
6.4.2 pay all operating expenses in connection with the use of the Equipment;
6.4.3 forthwith notify and return the Equipment to the Owner if the Equipment breaks down
or fails during the Hire Period. The Customer shall not repair or attempt to repair the
6.4.4 return the Equipment properly cleaned and in good repair at the expiration of the Hiring
Period to the address designated on the front hereof;
6.4.5 not operate the Equipment in a careless or negligent manner, at excessive speed or
whilst intoxicated or under the influence of any banned substances, alcohol or under
medication which may in any way affect the customer’s capacity to operate the equipment,
accessories or consumables used in relation thereto;
6.4.6 not permit the use of the Equipment by anyone other than the Customer or the
Customer’s employee and shall ensure that any operator possesses any license as may be
required by statute or otherwise;
6.4.7 not operate the Equipment on any water craft or over water without the consent of the
6.5 the Customer agrees that the Owner’s identifying marks, including logos, trademarks,
service marks and trade name may appear on the Equipment while in use by the Customer.

The Customer grants the Owner or its agent or sub-contractor the right to enter any premises
for the sole purpose of delivery, pick up and or removal of the Equipment.

Any damage suffered by the Owner arising from this agreement or any breach thereof shall
include but not be limited to any damage (whether direct or consequential):
8.1 resulting from the misuse of the Equipment by the Customer or anyone authorized
pursuant to these terms and conditions of hire to utilise same;
8.2 arising from claims against the Owner in respect of the use of the Equipment by the
8.3 resulting from any delay or inconvenience caused by the break-down, failure or defects in
the Equipment caused by the Customer’s use;
8.4 necessary repair and replacement of tyres;
8.5 such damage shall not include reasonable wear and tear of the Equipment.

9.1 The Owner shall not be liable to the Customer in respect of;
9.1.1 any expenditure, damages and/or loss to the Customer due to break-down or failure of
Equipment resulting from fair wear and tear, negligence or default on part of the Owner or
any other reason whatsoever;
9.1.2 delay in delivery of the Equipment caused by or in any way incidental to any strike,
lock out, trade dispute, fire, tempest, breakdown, riot, theft, crime disturbances, war, force,
majeure, legislation, the inability of the Owner to procure necessary parts or labour due to
any of the foregoing causes, or any other occurrences preventing or retarding the performance
of the hire of the Equipment and no responsibility or liability shall be attached to the Owner
for any delay, default, loss or damage due to any of the above causes or any other cause
beyond the control of the Owner;
9.1.3 any personal injury or property damage caused by ordinary wear and tear of the
Equipment, unavoidable accident or improper or careless use of the Equipment by the
9.1.4 any damage resulting from the hire and subsequent use of Equipment by the Customer
that is not covered by the Owner’s insurance policy.
9.2 The Customer shall maintain liability, property and casualty insurance in amounts
necessary to fully protect the Owner and its Equipment against claims or damage of whatever
nature or type.
9.3 The customer waives any and all claims against the owner for loss or damage to property
transported in the equipment or loss or damage to property on which equipment is
9.4 The Customer responsible for loading and unloading any goods, the Customer agree to
assume the risk of and indemnify the Owner from any property damage or personal injury,
including damage or personal injury, including damage or injuries attributable to the
negligence of the Owner, including its employees.

The Customer assumes all risk inherent in the operation and use of the Equipment by it or its
agent. The Customer agrees to assume the entire responsibility for the defence of, and to pay,
indemnify, and indemnify and release the Owner from any and all claims for damage to
property or bodily injury (including death) or for loss of time or inconvenience resulting from
the use, operation, or possession of the Equipment, whether or not it be claimed or found that
such damage or injury resulted in whole or in part from the Owner’s negligence, from the
defective condition of the Equipment, or from any cause.

11.1 The Owner does not warrant that the Equipment hired by the Customer is of
merchantable quality or fitness for the purpose required by the Customer, either express or
implied, other than as provided by statute.
11.2 The Owner does not warrant that the Equipment is free from defect.
11.3 The Owner does not warrant anything which extends beyond the description on the face

12. PPSA
12.1 This Agreement constitutes a Security Agreement and the Customer gives to the Owner
a Security Interest in all Equipment, all other equipment previously supplied by the Owner to
the Customer and all equipment that will be supplied to the Customer in the future by, or
afteracquired by the Customer from, the Owner to secure its obligations under this
Agreement to the Owner.
12.2 The Customer agrees to pay all reasonable expenses including any costs, commissions
and legal expenses on an indemnity basis whatsoever arising from the collection of overdue
monies or registration, maintenance, enforcement or discharge of a Security Interest and such
other costs and expenses the Owner may incur. Amounts due under this clause may be
collected as a liquidated debt due and owing to the Owner.
12.3 The Customer acknowledges that a PMSI is granted in priority to all other creditors by
the Customer in favour of the Owner in respect of the equipment subject of the Security
Interest as security for the Customer’s obligations to the Owner under this Agreement.
12.4 The Customer agrees that funds received by the Owner in respect to Equipment supplied
to the Customer shall be applied first to any unsecured portion of the debt owed by the
Customer to the Owner under this Agreement, second to any secured portion of that debt,
third to any secured non-PMSI liability and then against any PMSI secured liability.
12.5 The Customer hereby gives such permission as is necessary under the PPSA for the
Owner to take a Security Interest over any Equipment supplied by the Owner pursuant to this
Agreement or Equipment identified in the Schedule.
12.6 The Customer authorizes the Owner to make any and all checks to satisfy themselves
that the information provided by all persons named in the Agreement is accurate. The
customer further authorizes the Owner to periodically check the Customer’s credit position.
The Customer further authorizes the disclosure of information by a secured party to the
Owner under section 275(7)(c) of the PPSA in response to any request for information
pursuant to section 275(1) of the PPSA.
12.7 The Customer agrees to do all such things as are necessary, including to sign all such
documents and or provide any further information that is reasonably necessary to enable the
Owner to acquire a perfected security interest and, if applicable, a PMSI, in all Equipment
supplied by the Owner to the Customer, including:
12.7.1 register a Financing Statement or Financing Charge Statement in relation to a security
interest on the PPSR;
12.7.2 register any other document required to be registered by the PPSA;
12.7.3 correct a defect in a statement registered under the PPSA.
12.8 The Customer agrees to contract out of, waive or exclude such sections of the PPSA as
the Owner may require, to the extent and subject to those extensions being capable of
exclusion by law. The Customer expressly agrees to:
12.8.1 contract out of the enforcement provisions of the PPSA referred to at s115(1)(a) to (r);
12.8.2 waive its right to receive a copy of any Financing Statement or any Financing Change
Statement registered by the Owner and/or any verification statement under s157 and/or notice
in relation to a registrationevent under s 175 of the PPSA in respect of the Security Interest
created by these terms and conditions;
12.8.3 not, without the prior written consent of the Owner, change its name or initiate any
change to any documentation registered under the PPSA under this agreement;
12.8.4 until all monies owing to the Owner are paid in full, not sell or grant any other
Security Interest in the Collateral without the prior written consent of the Owner;
12.9 The Owner undertakes to maintain the accuracy of the registered Security Interest and to
remove the registration when the account with the Customer closes, provided that all monies
owing to the Owner under the Hire Agreement are paid,
12.10 The Owner is irrevocably authorised to enter any premises where the Equipment is
kept, and to use the name of the Customer and act on its behalf, if necessary, to recover
possession of the Equipment in accordance with the PPSA without liability for trespass or
any resulting damage.
12.11 If any of the provisions of these terms and conditions are inconsistent with the PPSA,
the PPSA shall prevail to the extent of the inconsistency.

13.1 The Customer shall be liable for the replacement value of the Equipment if stolen during
the Hiring Period.
13.2 The Customer shall not sell or offer for sale, assign mortgage, pledge, underlet, lend or
otherwise deal with the Equipment or with any interest therein;
13.3 Failure, refusal or neglect to return the Equipment after the Hiring Period has expired, or
the presenting of false, factious or misleading identification to the Owner may be construed
as evidence of an intention to fraudulently convert the Equipment.

14.1 Equipment Sale (Title goods);
14.1.1Title goods will remain the property of the Owner until all moneys are paid in full by
the customer.
14.1.2 The Owner shall be permitted to repossess the title goods if the Customer becomes or
may become in solvent, bankrupt, the subject of creditor agreements or otherwise insolvent or
upon any other breach by the Customer of this agreement.
14.1.3 The Customer shall not sell or offer for sale, assign mortgage, pledge, underlet, lend or
otherwise deal with the Equipment until all moneys are paid in full by the customer.
14.1.4 All warranties are set by the manufacture of the Title goods and not by the owner.
14.2 Equipment Repair by the Owner for the Customer;
14.2.1 All Title goods, spare parts & inventory will remain the property of the Owner until all
moneys are paid in full by the customer.
14.2.2 The Owner does not warrant any parts or inventory fitted to the customers equipment
that has been damage or is unusable from misuse &/or abuse.

15.1 The Owner may terminate this agreement and repossess the Equipment if any hiring or
Additional Charges are not met by the due date, where the Owner’s rights in the Equipment
may be prejudiced, if the Customer becomes or may become in solvent, bankrupt, the subject
of creditor agreements or otherwise insolvent or upon any other breach by the Customer of
this agreement.
15.2 The Owner shall be permitted to enter into in or upon any premises where the
Equipment may be held to repossess the Equipment as herein provided for and the Customer
indemnifies the Owner in relation to any costs, claims, or damages arising out of such entry.

For the purpose of assessing the credit worthiness of the Customer from time to time and the
collection of payments, the Customer hereby irrevocably authorises the Owner, its servants
and agents to make such enquiries as they deem necessary including, but not limited to,
making enquiries with and obtaining reports (as may be allowed by law) from any persons
nominated by the Customer as trade referees, the Customer’s creditors, bankers and
financiers, credit providers, mortgage and trade insurers and credit reporting agencies and the
Customer agrees and consents to those nominated persons providing to the Owner such
information as is requested by them and permitted to be given by law for the aforesaid
purposes. The Customer also consents to the Owner disclosing the contents of any credit
report or personal information to a credit information file in relation to the Customer.

The terms and conditions herein can and shall only be varied by the Owner’s consent and
shall in no way release the Customer from any other obligation or requirement set out herein.
Variation shall include assignment of this contract.

The Customer acknowledges that it has read and accepted these terms and conditions
notwithstanding any inconsistencies, which may be introduced by terms and conditions
contained in the Customer’s order unless the terms and conditions herein are so varied.