NOTE TO CUSTOMER:

You should read these Hire Contract Conditions very carefully. They contain terms and conditions which may impact you, including that.

(a) the liability of Ranger Lifting Rigging Safety Pty Ltd to its Customers is excluded in some circumstances; and
(b) Customers may be liable for damage to goods that are hired by them, and for damage to goods or property owned by a third party; and
(c) Ranger Lifting Rigging Safety Pty Ltd’ Privacy Policy permits Ranger Lifting Rigging Safety Pty Ltd in some circumstances and subject to compliance with the Australian Privacy Principles to provide data about a customer, or data provided by a customer, to a third party in a form that may enable the third party to identify the Customer.

1. INTERPRETATION OF WORDS IN THIS CONTRACT.

COMMENCEMENT – The date and time when the Customer takes possession of the Equipment.

EQUIPMENT – Means any kind of Equipment including but not limited to the following kinds of goods or goods suitable for the following kinds of uses lifting: access; materials handling; safety equipment; storage

CUSTOMER – refers to the person, firm, organization, partnership, corporation, or other entity (including a trust) hiring the Equipment from Ranger Lifting Rigging Safety Pty Ltd Hire as identified in the Credit Application or Hire Schedule.

HIRE CHARGE – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.

HIRE PERIOD – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case, this can only be done if the Customer requests it and if Ranger Lifting Rigging Safety Pty Ltd agrees. Ranger Lifting Rigging Safety Pty Ltd may issue an amended Hire Schedule for any extension of the Hire Period.

HIRE SCHEDULE – Means a document in such form as Ranger Lifting Rigging Safety Pty Ltd shall require, setting out the terms of the hire of Equipment, including the particulars of the Equipment and the Hire Period and such other information as Ranger Lifting Rigging Safety Pty Ltd may decide to include.

RANGER LIFTING RIGGING SAFETY PTY LTD – The company or companies listed on the Hire Schedule.

REMOTE AREA – Any location which is more than 50 kilometers from the Ranger Lifting Rigging Safety Pty Ltd branch from where the Equipment is hired.

2. RANGER LIFTING RIGGING SAFETY PTY LTD OBLIGATIONS

Ranger Lifting Rigging Safety Pty Ltd will:

2.1 Allow the Customer to take and use the Equipment for the Hire Period.

2.2 Provide the Equipment to the Customer clean and in good working order.

2.3 Collect the Equipment within five days of being requested to do so by the Customer and issuing to the Customer a customer pick up number.

3. OBLIGATIONS OF THE CUSTOMER

The Customer must:

3.1 Deliver the Equipment to Ranger Lifting Rigging Safety Pty Ltd when it is due back.

3.2 Return the Equipment to Ranger Lifting Rigging Safety Pty Ltd clean and in good repair.

3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes.

3.4 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Ranger Lifting Rigging Safety Pty Ltd or posted on the Equipment.

3.5 Indemnify Ranger Lifting Rigging Safety Pty Ltd for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred because of the use of the Equipment.

3.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised.

3.7 Ensure that all persons operating the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed.

3.8 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation.

3.9 Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle and indemnify Ranger Lifting Rigging Safety Pty Ltd in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer.

3.10 Report and provide full details to Ranger Lifting Rigging Safety Pty Ltd of any accident or damage to the Equipment within two business days of the accident or damage occurring.

3.11 Sign any documentation requested by Ranger Lifting Rigging Safety Pty Ltd at such intervals as reasonably stipulated by Ranger Lifting Rigging Safety Pty Ltd, to confirm the Customer’s acceptance of these Hire Contract Conditions.

3.12 Assist and co-operate fully and promptly with Ranger Lifting Rigging Safety Pty Ltd and/or its insurer in the investigation, settlement or defense of any claim or matter relating to a Hire Schedule on which the Customer is named.

3.13 Remain responsible for the care and safekeeping of the Equipment until collected by or delivered back to Ranger Lifting Rigging Safety Pty Ltd.

The Customer must NOT.

3.14 Tamper with damage or repair the Equipment.

3.15 Lose or part with possession of the Equipment.

3.16 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract.

3.17 Exceed the recommended or legal load and capacity limits of the Equipment.

3.18 Use or carry any illegal, prohibited, or dangerous substance in or on the Equipment.

4. PAYMENTS BY THE CUSTOMER TO RANGER LIFTING RIGGING SAFETY PTY LTD

On or before Commencement (or as otherwise specifically agreed with Ranger Lifting Rigging Safety Pty Ltd), the Customer will pay the Hire Charge.

4.1 Immediately on request by Ranger Lifting Rigging Safety Pty Ltd, the Customer will pay:

(a) the new list price of any Equipment which is for whatever reason not returned to Ranger Lifting Rigging Safety Pty Ltd

(b) all costs incurred in cleaning the Equipment.

(c) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract.

(d) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies, or charges payable in respect of this Contract or arising from the Customer’s use of the Equipment.

(e) all costs incurred by Ranger Lifting Rigging Safety Pty Ltd in delivering and recovering possession of the Equipment.

(f) Interest for late payment of amounts owing by the customer, at the pre-judgement interest rate set by the Local Court of NSW from time to time.

(g) any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by Ranger Lifting Rigging Safety Pty Ltd in enforcing this Contract due to the Customers default.

(h) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract.

(i) Hire fees for the period from the commencement of the hire until the Equipment is returned or a customer pick up number is obtained from Ranger Lifting Rigging Safety Pty Ltd.

4.2 Without limiting the ability of Ranger Lifting Rigging Safety Pty Ltd to recover all amounts owing to it, the Customer authorised Ranger Lifting Rigging Safety Pty Ltd to charge any amounts owing by the Customer to any credit card or account details of which are provided to Ranger Lifting Rigging Safety Pty Ltd.

4.3 Ranger Lifting Rigging Safety Pty Ltd may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.

5. PPS LAW

5.1 This clause applies to the extent that this Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation.

5.2 Ranger Lifting Rigging Safety Pty Ltd may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which Ranger Lifting Rigging Safety Pty Ltd requires for the purposes of

(a) ensuring that Ranger Lifting Rigging Safety Pty Ltd’ security interest is enforceable, perfected, and otherwise effective under the PPS Law.

(b) enabling Ranger Lifting Rigging Safety Pty Ltd to gain priority (or any other priority agreed to by Ranger Lifting Rigging Safety Pty Ltd in writing) for its security interest; and

(c) enabling Ranger Lifting Rigging Safety Pty Ltd to exercise rights in connection with the security interest.

5.3 The rights of Ranger Lifting Rigging Safety Pty Ltd under this document are in addition to and not in substitution for Ranger Lifting Rigging Safety Pty Ltd’ rights under other law (including the PPS Law) and Ranger Lifting Rigging Safety Pty Ltd may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about its Ranger Lifting Rigging Safety Pty Ltd security interest will attach to proceeds.

5.4 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires Ranger Lifting Rigging Safety Pty Ltd to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires Ranger Lifting Rigging Safety Pty Ltd to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).

5.5 The following provisions of the PPS Law: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on Ranger Lifting Rigging Safety Pty Ltd. Customer agrees that in addition to those rights, Ranger Lifting Rigging Safety Pty Ltd shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Customer agrees that Ranger Lifting Rigging Safety Pty Ltd may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or license.

5.6 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.

5.7 Ranger Lifting Rigging Safety Pty Ltd and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS
Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to Ranger Lifting Rigging Safety Pty Ltd the benefit of section 275 (6)(a) and Ranger Lifting Rigging Safety Pty Ltd shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this subclause.

5.8 Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS in Cth Equipment other than with the express written consent of Ranger Lifting Rigging Safety Pty Ltd.

5.9 Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless Ranger Lifting Rigging Safety Pty Ltd (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Ranger Lifting Rigging Safety Pty Ltd and must be expressed to be subject to the rights of Ranger Lifting Rigging Safety Pty Ltd under this agreement. Customer may not vary a sub-hire without the prior written consent of Ranger Lifting Rigging Safety Pty Ltd (which may be withheld in its absolute discretion).

5.10 Customer must ensure that Ranger Lifting Rigging Safety Pty Ltd is always provided with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.

5.11 Customer must take all steps including registration under PPS Law as may be required to:

(a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected, and otherwise effective under the PPS Law.

(b) enabling the Customer to gain (subject always to the rights of Ranger Lifting Rigging Safety Pty Ltd) priority (or any other priority agreed to by Ranger Lifting Rigging Safety Pty Ltd in writing) for the security interest; and

(c) enabling Ranger Lifting Rigging Safety Pty Ltd and the Customer to exercise their respective rights in connection with the security interest.

6. DAMAGE WAIVER

6.1 Damage Waiver is not insurance but is an agreement by Ranger Lifting Rigging Safety Pty Ltd that the Customer’s liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.

6.2 Subject to the provisions of this Section 6, Damage Waiver applies to each incident occurring in all hires, for no additional fee. The Damage Waiver Excess is the actual repair cost of the Equipment, or 20% of the current replacement cost of the Equipment as reasonably determined by Ranger Lifting Rigging Safety Pty Ltd using supplier’s list prices, whichever is the lesser amount.

DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY IN THE FOLLOWING CIRCUMSTANCES.

(a) where the Equipment is lost or stolen.

(b) where the operator is not suitably licensed.

(c) where the operator is affected by drugs and/or alcohol.

(d) where the equipment has been willfully damaged at any time during the Hire Period.

(e) where the damage is caused in any way by overloading.

(f) where the damage is caused by flash flooding or general water damage.

(g) where the damage is caused to a truck Pantech or truck crane.

6.3 The Customer may pay an additional Equipment Waiver Plus Fee in relation to the hire of medium and large Equipment (being such Equipment as determined by Ranger Lifting Rigging Safety Pty Ltd at the time of hire), which for each incident will.

(a) reduce the Damage Waiver Excess in relation to Equipment and third-party damage to property or goods caused using the Equipment by the Customer; and Ranger Lifting Rigging Safety Pty Ltd may ask the Customer to pay the Equipment Waiver Plus Fee on the hire of medium and large Equipment, but the Customer may decide to opt out of that payment.

Credit account customers will have Equipment Waiver Plus applied to all relevant hires unless the Customer has declined the Waiver on their credit application or opted out by providing notice to Ranger Lifting Rigging Safety Pty Ltd in writing.

The reduced Damage Equipment Waiver Plus Fee is paid will be shown on the Hire Schedule and will vary for different types of equipment.

6.4 THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY FOR THEFT in the following circumstances.

(a) where the Customer has failed to keep the Equipment in a securely locked enclosed area, or in the case of a Motor Vehicle, has failed to properly secure or lock the Motor Vehicle; or

(b) where the Customer has failed to submit to Ranger Lifting Rigging Safety Pty Ltd a Police Report on the theft within seven days of the theft allegedly occurring.

In the event of Theft Waiver applying, hire fees will be charged to the Customer until the Police Report is provided to Ranger Lifting Rigging Safety Pty Ltd.

6.5 Damage Waiver will NOT apply where Ranger Lifting Rigging Safety Pty Ltd determines that any applicable exclusion mentioned in this Section 6 applies, including the circumstances in clauses 6.2(a)-(j) or 6.5(a)-(b) respectively, unless the Customer is able to establish otherwise to the reasonable satisfaction of Ranger Lifting Rigging Safety Pty Ltd.

6.6 Equipment Waiver Plus and, including Theft Waiver, will NOT apply where Ranger Lifting Rigging Safety Pty Ltd determines that any applicable exclusion in clauses 6.2(b)-(g) or 6.5(a)-(b) applies.

6.7 A Damage Waiver Excess must be paid by the Customer for each incident which may occur in any Hire Period, where any Damage Waiver is applicable under this section 6.

6.8 A Theft Waiver Excess must be paid by the Customer for every separate incident which may occur in any Hire Period, where any Theft Waiver is applicable under this section 6.

6.9 If any damage is caused by the Customer to any property or goods whatsoever owned by a third party as a result of or during the use of a Ranger Lifting Rigging Safety Pty Ltd Equipment, and if the Customer has breached any provision of this Contract or if any of the circumstances described in clauses 6.2(a)-(g) have occurred, the Customer will be liable for the full cost of that third party property damage to the extent caused by the Customer. If the Customer has not breached this Contract and none of the circumstances described in clauses 6.2(a)-(g) have occurred, the Customer will be liable for the full cost of the third-party property damage to the extent caused by the Customer, or $1,500, whichever is the lesser amount.a

7. EXCLUSION OF WARRANTIES AND LIABILITIES.

7.1 Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.

7.2 Where the Australian Consumer Law applies and the Equipment is not of a kind ordinarily acquired for personal domestic or household use or consumption, Ranger Lifting Rigging Safety Pty Ltd liability in respect of any guarantee is limited to the replacement or re- pair of the Equipment, or the cost of having the Equipment repaired or replaced.

7.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. Ranger Lifting Rigging Safety Pty Ltd makes no representations and gives no warranties other than those set out in these Hire Contract Conditions and will not be liable to the Customer for any damages, costs, or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.

8. REMOTE HIRE

Where the Equipment is at any time hired by the Customer to be in a Remote Area, the following clauses will also apply, in addition to the obligation of the Customer under Clause 3 and elsewhere in these Hire Contract Conditions.

(a) The Customer will pay an additional charge for any delivery, servicing, and repair of the Equipment, and for any other attendance at the Remote Area by Ranger Lifting Rigging Safety Pty Ltd (‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometer rate travelled by Ranger Lifting Rigging Safety Pty Ltd staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation
charges incurred by Ranger Lifting Rigging Safety Pty Ltd and its staff in connection with travel to and from the Remote Area.

(b) Multiple items of Equipment hire by a customer on the one site will only be charged for one call out fee.

(c) The Customer is responsible at its cost for daily maintenance and care of all Multiple items of Equipment hire by a customer on the one site will only be fittings and lubrication of all grease points.

9. BREACH OF HIRE CONTRACT BY CUSTOMER

If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:

9.1 Ranger Lifting Rigging Safety Pty Ltd shall be entitled to:

(a) terminate this Contract; and/or

(b) sue for recovery of all monies owing by the Customer; and/or

(c) repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.

9.2 The Customer indemnifies Ranger Lifting Rigging Safety Pty Ltd in respect of any damages, costs, or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.

10. DISPUTES

10.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Ranger Lifting Rigging Safety Pty Ltd in writing within 30 days of the hire contract date. If no communication is received from the Customer within that 30-day period, the Hire Charges are deemed to be accepted by the Customer.

10.2 If a dispute arises relating to this contract, the hiring, or the use of the Equipment (except in regard to payments due to Ranger Lifting Rigging Safety Pty Ltd), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.

12. PRIVACY

Ranger Lifting Rigging Safety Pty Ltd will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the Ranger Lifting Rigging Safety Pty Ltd Privacy Statement is available upon request or by visiting www.Ranger Lifting Rigging Safety Pty
Ltd .com.au/privacy-policy

11. EQUIPMENT DATA

Ranger Lifting Rigging Safety Pty Ltd’ Equipment may contain on-board devices (each a GPS Device) which enable the Equipment to be connected to the internet and to send commands to and receive certain information from the Equipment, including geolocation data from a global positioning system.

By hiring any Equipment from Ranger Lifting Rigging Safety Pty Ltd , the Customer expressly consents to Ranger Lifting Rigging Safety Pty Ltd ’ use of the GPS Device on such Equipment during the Hire Period and to Ranger Lifting Rigging Safety Pty Ltd collecting, using and retaining information from the GPS Device in accordance with our Privacy Policy, and that Ranger Lifting Rigging Safety Pty Ltd is the owner of that data subject to your rights as set out in our Privacy Policy.

13. GOVERNING LAW

13.1 The hire contract containing these Hire Contract Conditions is a payment claim under the Building and Construction Industry Security of Payment Act 1999 NSW, the Building and Construction Industry Security of Payment Act 2002 VIC, the Building and Construction Industry Payments Act 2004 QLD, the Building and Construction Industry Security of Payment Act 2009 SA, the Construction Con- tracts Act 2004 WA, the Building and Construction Industry (Security of Payment) Act 2009 ACT, the Building and Construction Industry Security of Payment Act 2009 TAS, and/or the Construction Contracts (Security of Payments) Act 2009 NT.

13.2 Except where Ranger Lifting Rigging Safety Pty Ltd in its discretion takes action against the Customer under any of the Building and Construction Industry legislation referred to in this clause, Ranger Lifting Rigging Safety Pty Ltd and the Customer agree that this Contract is governed by the law of the state of New South Wales, and the parties submit to the jurisdiction of the courts of that State.