Terms & Conditions of Hire

TBH means Traffic Barrier Hires Pty Ltd.

Hirer means the person, company or entity hiring Equipment from TBH.

Equipment includes, but is not limited to:

• Concrete barriers
• Steel barriers
• Crash cushions
• End treatments
• Transition panels
• Couplers
• Pins
• Bolts
• Lifting attachments
• Accessories
• Any other item supplied by TBH.

Hire Period means the period commencing upon delivery of the Equipment and ending only when:

• TBH has received an off-hire request,
• the Equipment is available for collection, and
• TBH has collected the Equipment.

Acceptance of a quotation, issue of a Purchase Order, written acceptance by email, acceptance of delivery of Equipment, or any instruction to proceed with the hire constitutes acceptance of these Terms and Conditions.

These Terms prevail unless otherwise agreed in writing by TBH.

All Equipment remains the sole property of Traffic Barrier Hires Pty Ltd at all times.

The Hirer shall not sell, lease, mortgage, charge, dispose of or otherwise deal with the Equipment.

Hire charges commence upon delivery.

Hire charges continue until:

• an off-hire request has been received,
• the Equipment is available for collection,
• and TBH has collected the Equipment.

Simply ceasing to use the Equipment does not terminate the Hire Period.

Minimum hire periods may apply.

Delivery, mobilisation, installation, removal, demobilisation and collection charges are additional unless stated otherwise.

Invoices are payable within the payment terms stated on the invoice.

TBH may issue progress invoices for long-term hire.

Failure to pay an invoice does not entitle the Hirer to continue using the Equipment.

Risk in the Equipment passes to the Hirer upon delivery.

Risk remains with the Hirer until collection by TBH.

The Hirer shall provide safe and unrestricted access for delivery and collection.

Waiting time caused by site delays may be charged at TBH's applicable rates.

The Hirer accepts full responsibility for the Equipment throughout the Hire Period.

This includes responsibility for:

• damage,
• theft,
• vandalism,
• fire,
• flood,
• cyclone,
• misuse,
• negligence,
• malicious damage,
• unauthorised relocation,
• vehicle impacts,
• missing components,
• and any loss whatsoever other than fair wear and tear.

Fair wear and tear means deterioration occurring through normal use in accordance with the manufacturer's intended purpose.

Fair wear and tear does not include:

• vehicle impact damage,
• bent barriers,
• cracked concrete,
• damaged galvanising or coatings,
• broken welds,
• missing parts,
• paint overspray,
• concrete or asphalt contamination,
• unauthorised repairs,
• or damage resulting from incorrect installation or handling.

The Hirer is responsible for all loss of and damage to the Equipment from delivery until collection, excluding fair wear and tear.

The Hirer shall pay the reasonable cost of repairing or replacing damaged Equipment, whichever is less.

Where repair is not economically viable, replacement costs may apply.

TBH's determination regarding repairability shall be final.

Any collision involving the Equipment must be reported to TBH immediately.

Equipment involved in a vehicle impact must not be reused until inspected and approved by TBH.

The Hirer remains responsible for all costs associated with impact damage.

The Hirer remains responsible for the Equipment in the event of:

• fire,
• flood,
• cyclone,
• theft,
• vandalism,
• malicious damage,
• or any other external event,

unless otherwise agreed in writing by TBH.

The Hirer is responsible for all missing:

• pins,
• couplers,
• bolts,
• locking devices,
• transition hardware,
• lifting attachments,
• identification plates,
• chains,
• accessories,
• and any supplied component.

Replacement charges apply.

Unless installation has been undertaken by TBH, the Hirer is responsible for ensuring the Equipment is installed strictly in accordance with the manufacturer's specifications, applicable standards and approved Traffic Management Plans.

Improper installation voids any responsibility of TBH for resulting loss or damage.

Equipment must not be relocated or repositioned without prior written approval from TBH.

Unauthorised relocation may result in additional hire, transport and inspection charges.

TBH may inspect the Equipment during the Hire Period upon reasonable notice.

The Hirer shall provide safe access for inspection.

Equipment remains on hire until:

• TBH receives an off-hire request,
• the Equipment is available for collection,
• and TBH has physically collected the Equipment.

The Hirer is responsible for maintaining adequate insurance covering the Equipment throughout the Hire Period.

Interest may be charged on overdue accounts at the rate specified on the invoice or otherwise permitted by law.

The Hirer agrees to reimburse TBH for all reasonable costs associated with recovering overdue accounts, including debt collection fees, legal costs and court costs.

To the maximum extent permitted by law, TBH shall not be liable for indirect, consequential or economic loss arising from the hire or use of the Equipment.

These Terms are governed by the laws of Queensland.

Any dispute shall be determined by the courts of Queensland.

The Hirer shall ensure all Equipment is transported, installed, maintained and used strictly in accordance with the manufacturer's specifications, relevant Australian Standards, applicable legislation and any approved Traffic Management Plan.

TBH accepts no responsibility for loss or damage arising from incorrect installation or use.

The Hirer must not drill, weld, cut, grind, paint, modify, attach signage, stickers, brackets or otherwise alter the Equipment without the prior written approval of TBH.

Any Equipment altered without approval shall be restored or replaced at the Hirer's expense.

Equipment shall be returned in a reasonably clean condition.

TBH reserves the right to charge reasonable cleaning costs where Equipment is returned with excessive concrete, asphalt, bitumen, paint, adhesive, soil or other contaminants beyond normal use.

TBH reserves the right to suspend further deliveries, installations or services where any account remains overdue until all outstanding amounts have been paid.

All quotations issued by Traffic Barrier Hires are subject to these Terms and Conditions.

Acceptance of a quotation, issue of a Purchase Order, written acceptance by email, or acceptance of delivery of the Equipment constitutes acceptance of these Terms and Conditions.

Any terms contained within the Hirer's Purchase Order or other document that are inconsistent with these Terms and Conditions shall not apply unless expressly agreed to in writing by TBH.

The Hirer acknowledges they have had the opportunity to read these Terms before accepting any quotation, issuing any Purchase Order or accepting delivery of the Equipment.