1.DEFINITIONS AND INTERPRETATION
1.1 These Terms apply to all commercial hire arrangements between Liquimech Group Pty Ltd ACN 639 641 357 (“Owner”) and the Customer.
1.2 Definitions are as previously established in prior versions, with the following additions and clarifications:
(a) “Full Replacement Value” means the current new-for-old cost of replacing the Equipment, including all fabrication, engineering, programming, commissioning, and delivery costs.
(b) “Incident” means ANY event resulting in loss, theft, damage, malfunction, contamination, or suspected misuse.
(c) “Dry Hire” means Equipment supplied without an operator.
(d) “Hirer Insurance Failure” means any situation where the Customer fails to maintain required insurance, has inadequate insurance, or has a claim denied by its insurer.
2.APPLICATION AND ACCEPTANCE OF TERMS
2.1 The Customer is bound by these Terms upon issuing a purchase order, booking Equipment, or otherwise requesting hire.
2.2 These Terms override all Customer documents, including purchase orders.
2.3 The Customer warrants authority of all personnel who request hire on its behalf.
2.4 Continued hire constitutes acceptance of updated Terms.
3.QUOTATIONS AND HIRE CHARGES
3.1 Quoted rates exclude GST, transport, installation, fuel, consumables, and labour.
3.2 Hire Charges may vary if:
(a) site delays occur;
(b) Customer changes requirements;
(c) regulatory costs or freight costs change.
3.3 Standby, idle time, and access delays are chargeable.
4.HIRE PERIOD AND COMMENCEMENT
4.1 Hire commences at the earlier of:
(a) collection from Liquimech; or
(b) dispatch for delivery.
4.2 Hire ends only when Equipment is:
(a) physically returned to Liquimech’s premises; AND
(b) inspected; AND
(c) receipted as acceptable.
4.3 Return freight days ARE chargeable.
4.4 Minimum terms apply; early termination fee = 80% of remaining Minimum Term.
4.5 Hire continues until written OFF-HIRE CONFIRMATION is issued by Liquimech.
5.DELIVERY, FREIGHT AND RISK
5.1 Risk transfers to Customer immediately upon loading.
5.2 Damage in transport—whether transported by Customer, Customer’s carrier, or third party—remains Customer liability.
5.3 Customer must inspect Equipment upon delivery and report issues within 24 hours.
5.4 Customer bears ALL risk until Equipment is returned and receipted by Liquimech.
5.5 Customer is liable for property damage or injury caused during delivery, installation, recovery, or pickup.
6.CUSTOMER OBLIGATIONS AND OPERATIONAL REQUIREMENTS
6.1 Customer must:
(a) ensure suitability of the Site;
(b) provide safe access;
(c) ensure operators are properly licensed, trained, and competent;
(d) secure Equipment against theft, vandalism, and misuse;
(e) maintain fluids, filters, lubricants, and consumables;
(f) follow Liquimech installation guides and engineering instructions.
6.2 Equipment must not be modified, relocated, or disassembled without Liquimech approval.
6.3 Return condition must match supply condition—fair wear excepted.
6.4 Customer is strictly liable for:
(a) contamination (diesel, chemical, solids, etc.);
(b) incorrect fuel;
(c) damage from improper installation;
(d) weather exposure due to inadequate covering or placement.
6.5 Any misuse, overloading, incorrect operation, incorrect connection, or operation contrary to instructions results in FULL Customer liability.
7.INSURANCE AND DAMAGE LIABILITY
7.1 CUSTOMER INSURANCE REQUIREMENTS
The Customer MUST maintain throughout the Hire Period:
(a) Public liability insurance ≥ $20M; and
(b) Equipment insurance for FULL REPLACEMENT VALUE.
7.2 CERTIFICATE OF CURRENCY
Customer must provide certificates before hire. Liquimech may suspend hire until received.
7.3 FAILURE TO INSURE DOES NOT REDUCE LIABILITY
Failure of the Customer to effect or maintain insurance DOES NOT reduce the Customer’s full liability under this Agreement.
7.4 OWNER NOT RESPONSIBLE FOR CUSTOMER INSURANCE
Liquimech:
(a) is NOT required to verify adequacy of Customer insurance;
(b) is NOT responsible for insurer denial;
(c) is NOT liable for Customer insurance failure.
7.5 DAMAGE WAIVER REMOVED
No damage waiver exists. Customer is fully liable for all damage, theft, contamination, and loss.
7.6 FULL LIABILITY
The Customer is liable for ALL loss, theft, or damage to Equipment, including:
(a) total loss;
(b) partial damage;
(c) vandalism;
(d) fire, flood, storm;
(e) malicious damage;
(f) transport damage;
(g) contamination;
(h) incorrect installation;
(i) negligence by Customer personnel or subcontractors;
(j) mysterious disappearance;
(k) GPS tampering.
7.7 DOWNTIME & LOST HIRE
Customer must pay:
(a) ongoing Hire Charges until Equipment is repaired or replaced; AND
(b) any additional costs due to lost productivity or revenue.
7.8 INCIDENT REPORTING
Customer must:
(a) notify Liquimech within 12 hours of any Incident;
(b) provide photos, operator details, and a full written incident report;
(c) preserve site conditions for investigation.
8.OWNERSHIP AND SECURITY INTEREST (PPSA)
8.1 Title remains with Liquimech at all times.
8.2 Customer grants a PPSA security interest over Equipment and proceeds.
8.3 Liquimech may enter and recover Equipment without notice.
9.INTELLECTUAL PROPERTY AND CONFIDENTIALITY
9.1 All firmware, drawings, PLC programs, and control systems remain Liquimech IP.
9.2 Customer must not reverse engineer Equipment.
9.3 Customer must not remove Liquimech branding or serialisation.
10.FEES, PAYMENT AND DEFAULT
10.1 Payment terms as per invoice.
10.2 Interest applies to overdue amounts at 10% p.a.
10.3 Customer indemnifies Liquimech for ALL recovery and legal costs.
10.4 Cross-default applies across all Liquimech contracts.
11.DEFAULT EVENTS AND TERMINATION
11.1 Default includes:
(a) non-payment;
(b) insurance failure;
(c) breach of Terms;
(d) insolvency.
11.2 Upon Default, Liquimech may:
(a) repossess Equipment immediately;
(b) retain payments as liquidated damages;
(c) recover full repair or replacement costs.
12.INDEMNITY AND LIMITATION OF LIABILITY
12.1 Customer indemnifies Liquimech for ANY loss, damage, injury, or claim arising from Equipment use.
12.2 Liquimech excludes indirect loss to the fullest extent permitted by law.
13.FORCE MAJEURE
Standard force majeure provisions apply.
14.DISPUTE RESOLUTION
Standard mediation process applies.
15.ASSIGNMENT AND SUB-HIRE
Customer may not assign or sub-hire Equipment without Liquimech approval.
16.NOTICES
Notices may be delivered by email, hand, or post.
17.WAIVER AND SEVERABILITY
No failure to enforce constitutes a waiver. Invalid provisions are severable.
18.ENTIRE AGREEMENT AND VARIATION
This Agreement supersedes all prior terms. Liquimech may update Terms at any time.
19.GOVERNING LAW AND JURISDICTION
Governed by Australian law. Jurisdiction may be exercised in any State or Territory.
20.SURVIVAL
Payment, indemnity, liability, and PPSA obligations survive termination.
Liquimech Group Pty Ltd
Standard Terms and Conditions for the Commercial Hire of Goods and Equipment
Rev. 2