1. “Contractor” means RMK INDUSTRIES PTY LTD and associated companies and includes any subcontractors, servants and/or agents. “Goods” means all wares, merchandise, plant and machinery, articles of any and every description and includes packages, crates, cases and contents thereof of whatsoever kind. “Person” shall mean and include individuals, firms, corporations, partnerships, trusts and any other body constituted as an operating entity. “Client” means and includes the person requesting the service and any person tendering the goods for handling, lifting and/or carriage by the crane, and every other person entitled to make any claim in respect of loss or damage to the goods. Words importing the singular shall mean and include the plural and vice versa. Words importing the masculine gender shall mean and include the feminine and neuter genders.
2. The Contractor is not a Common Carrier and does not accept the obligations or liabilities of common carriers. The Contractor may refuse the handling, lifting and/or carriage of any class of goods and will not handle, lift/or carry goods at all, except only upon the terms and conditions contained herein.
3. All jobs are assessed and goods are handled, lifted and/or carried at Client’s risk. The Contractor shall not be liable for any loss, damage or back charges of any kind whatsoever occasioned at any time and whether caused by any breakdown, acts, defaults or negligence of the Contractor or otherwise howsoever unless a specific contract is registered with detailed responsibilities and/or costs. Standard “on hook” insurance is $250,000.00 with any excess payable by the Client.
4. The Contractor shall be at full liberty to arrange with any other person to undertake the handling, lifting and/or carriage of the goods and such person and his servants and agents shall be entitled to the benefit of the conditions to the same extent as the Contractor.
5. Insurance of the goods over $250,000.00 will not be affected by the Contractor for the benefit of the Client except upon the written instructions of the Client and then only at the Client’s expense and upon receipt of declaration of value a reasonable time prior to handling, lifting and/or carriage of the goods.
6. Goods of noxious, flammable, hazardous, dangerous or explosive nature shall not be tendered to the Contractor without prior full disclosure of the nature of the goods and may be manhandled, lifted and/or carried only by special agreement. If any such goods be tendered other than by special agreement, the Client shall be liable to the Contractor for any loss or damages occasioned whatsoever either directly or indirectly.
7. Where the Client has declared the weight of the goods and the Contractor, having relied upon the accuracy of such declared weight, then the Client shall be responsible for all extra costs and risks incurred by the Contractor and shall be liable for any loss or damages occasioned either directly to the Contractor by reason of the Contractor having relied upon the accuracy of such declared weight.
8. The Client will be and remains responsible to the Contractor for all its proper charges incurred in respect of the handling, lifting and/or carriage of the goods.
9. Charges will be computed from the time the unit leaves the depot of the Contractor until the time it returns to that depot, at the rate applicable to that unit, unless fixed rates are accepted prior.
10. Clear accessibility must be arranged, proved and maintained by the Client at all times and crane area in particular must be levelled and consolidated to ensure the safety of the lifting operations. Any recovery costs and/or lost time will be borne by the Client.
11. Where crane assembly, lifting and/or disassembly is delayed by any cause beyond the control of the Contractor or where the delay is caused by the obeying by the Contractor of instruction given by the Client, or his representative, the cost of such delay shall be to the account of the Client.
12. Minimum hire periods apply as per Schedule of Rates or as per a specific quote or contract.
13. Normal operating hours are between the hours of 7.00am to 3.30pm, Monday – Friday. Outside these times incurs penalty rates unless prior arrangements have been made between the Client and the Contractor. Weekends and RDO’s (Rostered Days Off) incur minimum hire asper Schedule of Rates and appropriate overtime. Public holidays are POA.
14. The Client shall apply ample notice to the Contractor to enable the arrangement of suitable crane/s and transport.
15. The Client shall pay overtime at the rate agreed hereon when and where applicable.
16. If agreed, accommodation, meals, travel and fares to and from the site shall be to the Client’s account.
17. If these conditions form a part of a Quotation or Proposal then such Quotation or Proposal is subject to validity for a period of sixty (60) days from the date of the Quotation or Proposal, unless otherwise stated.
18. Transport prices do not include assembly and disassembly of the crane unless explicitly stated.
19. Adequate security of all RMK equipment when left unattended onsite and any subsequent damage, vandalism and/or theft, including lost income, to rectify faults will be recoverable from the client.
20. No request for credit will be considered unless written notice is received within seven (7) days of invoice date.
21. Payment will be required on standard thirty (30) day terms unless specific arrangements have been quoted/arranged between the Contractor and the Client. In the event of failure of the Client to pay the invoice within the time frame stipulated or arranged, then the Contractor reserves the right to charge interest on such sum or sums which remain outstanding beyond the time stipulated or arranged at the rate of eight percent per month, and recover all costs incurred in the collection of any outstanding monies including debt collections and solicitors expenses and costs.
8-10 Delta Place Albion Park Rail, NSW, 2527
ABN: 48 6200 500 35
Tel: 0457 911 951
22. The Contractor will cover insurance for crane only if the crane is hired with an operator, including $20m Public Liability and Workers Compensation.
23. The provision of any credit facility or the nomination of any credit limit is an indication only of the Contractor’s intention at the time. The Contractor may vary or withdraw any credit facility at any time at its discretion without incurring any liability to the Client or anyone claiming through the Client, without reducing any obligation of the Client.
24. All quotes provided by the Subcontract are valid for thirty (30) days from delivery and may be subject to variation.
25. The Client agrees on request to charge in favor of the Contractor:-
a. by way of a fixed charge all its books of account, financial records, goodwill, documents of title and current and later acquired real property and intellectual property: and
b. by way of a floating charge, the whole of the Client’s other undertaking, property and assets, with payment of all monies owed to the Contractor.
26. The jurisdiction and venue for the hearing of any dispute arising between the Contractor and the Client for work performed shall be in the State of New South Wales.
27. The Client shall notify the Contractor in writing within (7) days of any change in its structure or management, including any change of Director, Partnership or Trustee or of any disposal of any part of the Client’s business.
28. All charges under any agreement between the Contractor and the Client are calculated without regard to Goods and Services Tax (GST). GST rate shall be entered separately on the invoice. GST referred to in this clause has the same meaning as in the “A New Tax System (Goods and Services Tax) Act, 1999 (as amended)”.