1. Definitions

a) "Agreement", means these Terms and Conditions of Hire. 

b) "Customer" refers to the individual or entity contracting the rental of the Loadbank Unit and or any other equipment, as identified in the quotation, invoice, or purchase order associated with this agreement. 

c) "Entire Hire Period" means the Initial Hire Period together with any Subsequent Hire Period or Period during which the Hirer is holding over. 

d) "Hire Rentals" means the sums due by the Hireras specified in the latest quotation, invoice, or purchase order provided physically or electronically.

 e) "Hirer" refers to the individual or entity contracting the renta 

lof the Loadbank Unit and or any other equipment, as identified in the quotation, invoice, or purchase order associated with this agreement. 

f) "Hire Period" means the period that starts from the time the Load bank Unit and or anyother equipment leaves the Owner's premises till the Loadbank Unit and or any other equipment is returned to Owners premises. 

g) "Hire" means the Hire set up by this Agreement. 

h) Invoice' refers to the invoice issued by the Owner physically or electronically, which includes the Terms and Conditions of Hire agreement, provided as a link within its contents, forming an integral part of this contractual arrangement. 

i) "Loadbank Unit" means Load bank along with accessories and or other related equipment expressly provided in the latest bill of materials, quotation, invoice or purchase order. 

j) "LoadTec" means LoadTec Solutions Pty Ltd. 

k) "Licensed Electrician" means an individual holding a valid licence issued by the relevant workplace health and safety departments of each respective state government. 

l) "Minimum Hire Period" means 4 days from the date of this Hire which applies for the Loadbank Unit hired. 

m) "Minimum Call Out" is Four Hours includes travel time. 

n) "Office Hours" means 0800hrs to 1600hrs and "After Hours is 1600hrs to 0800hrs. 

o) "Owner" means LoadTec Solutions Pty Ltd. 

p) "Owner's premises" means Owner's yard or Owner's location where the Loadbank Unit and or any other equipment is located. 

q) "Purchase Order" refers to the purchase order issued by the Owner physically or electronically, which includes the Terms and Conditions of Hire agreement, provided as a link within its contents, forming an integral part of this contractual arrangement. 

r) "Quote" refers to the Quotation issued by the Owner physically or electronically, which includes the Terms and Conditions of Hire agreement, provided as a link within its contents, forming an integral part of this contractual arrangement. 

s) "Start Date" means the start date of this Hire as indicated or updated in the quotation, invoice, or purchase order.

 t) "Subsequent Hire Period" means any period after the expiry of the Initial Hire Period. 

u) "Terms and Conditions" means these Terms and Conditions of Hire

2. Basis of Contract

2.1 LoadTec, herein referred to as the "Owner," agrees to rent the Loadbank Unit to the "Hirer," and the Hirer agrees to rent the Loadbank Unit for a "Rental Period," commencing on the date in accordance with the terms and conditions outlined in this agreement.

2.2 The parties expressly acknowledge and agree that the terms and conditions stipulated herein, collectively referred to as the "agreement," form the foundation of every Hire Contract. No alterations or substitutions to this agreement shall be valid without the prior written consent of LoadTec, acting in its capacity as the Owner.

2.3 Any written quotation from LoadTec to the Hirer regarding the potential rental of the Loadbank Unit remains valid for 30 days and is contingent upon the availability of the equipment.

2.4 An order placed with LoadTec becomes mutually binding upon LoadTec and the Customer under the following conditions: if the Customer provides a written acceptance of the quote found in the LoadTec Quote and or Letter, or a written acceptance is signed by or on behalf of the Customer; alternatively, if LoadTec supplies the Loadbank Unit.

2.5 Notwithstanding the provisions of this clause or any other in this Agreement, LoadTec retains the right to accept only a part of any order, communicated accordingly to the Customer in writing or by delivering the Loadbank Unit.

2.6 LoadTec reserves the right to modify any specifications of the Loadbank Unit and make changes to the Loadbank Unit or its specifications, ensuring that such alterations do not compromise the overall performance.

2.7 If LoadTec is unable to provide the Loadbank Unit, LoadTec reserves the right to terminate any order or Hire Contract, irrespective of prior acceptance, by furnishing written notice to the Hirer.

3. Hirer's Warranties for Authority

3.1 The Hirer warrants that they have all necessary authority to enter into this Hire.

3.2 The Hirer acknowledges that LoadTec maintains ownership of the Loadbank Unit, preserving this right even in the event of the Hirer entering liquidation or declaring bankruptcy during the Hire Period. It is explicitly clarified that, under no circumstances, shall the Loadbank Unit be construed as a fixture.

3.3 No person, nor governmental authority, has any right or claim which could prevent the Hirer at any time from complying with the terms of this Hire.

4. The Hire

4.1 Hiring charges for the Hiring Period shall commence from the time the Loadbank Unit leaves the Owner's premises till the Loadbank Unit is returned to the Owner's premises.

4.2 The Initial Hire Period is as noted in the latest quotation, invoice, or purchase order provided electronically or physically to the Hirer.

4.3 The Hirer may extend the Hire for a Subsequent Hire Period by giving notice to the Owner at least 24 hours before the expiry of the Initial Hire Period. The Owner reserves the right to extend the Hire Period at their sole discretion.

4.4 The Hirer agrees that the Loadbank Unit complies with the description given in this quotation, invoice or purchase order, is in merchantable condition and is fit for the Hirer's purpose.

4.5 The Hirer agrees to fulfill the payment obligations for Hire Rentals by diligently and expeditiously processing the weekly quotations, invoices, or purchase orders issued by the Owner.

4.6 All payments that the Hirer may have to the Owner from time to time shall be treated as Hire Rentals for all purposes at law.

4.7 The Hirer acknowledges and agrees that a minimum hire period of 4 days is applicable. In the event of the Loadbank Unit being returned for any reason, including termination or cancellation, before the expiration of the Minimum Hire Period, the Hirer is obligated to pay all Hire Charges associated with the Minimum Hire Period, which include but are not limited to transportation and related expenses.

4.8 The Hire Period includes weekends and public holidays.

4.9 Throughout the Hire Period, the Hirer is liable for any loss or damage to the Equipment. This responsibility extends to losses caused by the negligence of the Hirer or any individual under their control, or for any other reasons, excluding those resulting from reasonable wear and tear.

4.10 The Owner shall not be held responsible for any costs, damages, compensation for delay, inconvenience, or losses incurred by the Hirer, including consequential losses, arising from breakdown, failure, or defects in the Equipment. This exemption applies regardless of whether such issues result from fair wear and tear, lack of repair, negligence, or any other cause.

4.11 Upon the Hirer's failure to return the Equipment within two days after the Period of Hire expiration, the Owner may, at the cost and expense of the Hirer, recover possession of the Equipment. This recovery is without prejudice to any claims or demands the Owner may have against the Hirer arising from the hire. The Owner reserves the right to take necessary legal actions for possession or claim the current list price. The determination of the Period of Hire and repossession aligns with contractual obligations, ensuring compliance. The Owner shall not be liable for any losses, damages, fines, or costs incurred by the Hirer due to such actions.

5. Hirer's Warranties

Conditions of Use

5.1. The Hirer shall not purport to sell or sub-hire the Loadbank Unit nor create any charge or lien over it.

5.2. The Hirer shall keep and maintain accurate records of all maintenance and insurance carried out on the Loadbank Unit.

5.3. The Hirer is responsible for ensuring the Loadbank Unit's proper maintenance, including adherence to the manufacturer's guidelines and/or LoadTec's instructions.

5.4. To preserve the Loadbank Unit's original condition, the Hirer must refrain from removing identifying plates or markings or making any alterations without LoadTec’s express written consent.

5.5. The Hirer assumes sole responsibility for all risks associated with the selection, use, storage, and location of the Loadbank Unit. If the Site is soft or unsuitable, the Hirer must, at its own expense, provide solid access or necessary structures for movement or operation. The Hirer is also responsible for safe storage during the Hire Period and for complying with all applicable laws and regulations.

5.6. At its own cost, the Hirer is responsible for obtaining all necessary permits, authorities, and licenses for the installation and operation of the Loadbank Unit and maintaining compliance throughout the hire period.

Possession

5.7. Upon possession, the Hirer shall examine the Loadbank Unit and ensure it is in safe, clean, and usable condition.

5.8. If any defect is discovered, the Hirer must inform the Owner immediately. If no notice is received within 8 hours of possession, the Loadbank Unit is deemed to be in good working order.

5.9. The Hirer shall operate the Loadbank Unit in accordance with all applicable laws, conduct a job safety analysis before use, and ensure proper protective gear is worn.

5.10. If the Loadbank Unit is lost or damaged, the Hirer must notify the Owner immediately. The Owner may choose to have the Hirer repair the damage or assign insurance claims to the Owner and pay any uncovered amounts.

Return and Checks

5.11. The Hirer must arrange, at its own expense, for the onsite disposal of any waste in accordance with applicable environmental laws.

5.12. The Hirer must rewind all cables and return materials to their respective receptacles. A verification against the bill of materials will be conducted, and any missing items will be charged within 14 days.

Moving

5.13. The Hirer is responsible for safely handling the Loadbank Unit in accordance with legal requirements and manufacturer/Owner protocols. Only designated bottom lifting points must be used.

5.14. The Loadbank Unit shall not be relocated beyond the original State or Territory of hire without written consent from the Owner.

Use

5.15. The Loadbank Unit must not be used in hazardous areas without the Owner’s written consent. If contamination occurs, the Hirer must decontaminate it or bear the replacement cost if decontamination is not possible.

5.16. The Hirer warrants compliance with all Environmental Laws and agrees to bear all costs of rectifying any breaches.

5.17. The Loadbank Unit will be tested and tagged prior to hire. If re-testing is required during the Hire Period, the Hirer shall ensure compliance at its own risk and cost.

Operation

5.18. The Hirer shall ensure only trained and licensed individuals operate the Loadbank Unit.

5.19. Operators must follow all safety instructions and erect proper signage and enclosures.

5.20. Illegal, prohibited, or dangerous substances are not permitted on the Loadbank Unit. Operators must not be under the influence of drugs or alcohol.

5.21. The Hirer is responsible for site management. Operators provided by LoadTec will act under the Hirer's direction.

5.22. No unauthorized person may operate the Loadbank Unit.

5.23. If LoadTec supplies technicians (Wet Hire), the following apply:

a. Technicians/Operators are agents of the Hirer.

b. The Hirer must promptly pay all charges.

c. Work hours are 8 am–4 pm weekdays; overtime rates apply on weekends.

d. Technicians work under the Hirer’s direction.

e. LoadTec does not supervise or direct these personnel.

f. LoadTec is not liable for acts/omissions of the technicians.

g. The Hirer must provide a safe work environment, information, amenities, and first aid per relevant laws.

h. The Hirer is liable for any actions by the technicians and agrees to indemnify LoadTec per Clause 16.

Inspection

5.24. The Owner may inspect the Loadbank Unit during the Hire Period.

5.25. A 2-hour prior written notice is required for inspection, which may include observation and document review.

5.26. The Hirer must bear any site induction or access costs.

5.27. The Owner will avoid disrupting the Hirer’s business during inspections.

5.28. Inspections may be conducted by the Owner or a third-party professional.

5.29. The Owner covers inspection costs.

5.30. If a material defect is found, the Hirer must rectify it within 7 days or Clause 10.6 applies.

5.31. (Intentionally left blank – possibly a formatting error?)

5.32. The Hirer must provide safe access for LoadTec’s agents for any purpose including delivery, inspection, maintenance, etc.

Breakdown and Repair

5.33. The Hirer must ensure the Loadbank Unit is not overloaded or misused.

5.34. LoadTec must be promptly notified of breakdowns and unauthorized repairs are not permitted.

Chain of Responsibility

5.35. The Hirer must comply with the Heavy Vehicle National Law (HVNL) Chain of Responsibility requirements.

5.36. Subcontractors must be contractually bound to meet similar obligations.

5.37. LoadTec may audit the Hirer’s policies and procedures to confirm compliance.

5.38. If LoadTec installs the Loadbank Unit, Loadtec is responsible until testing is complete; thereafter, responsibility transfers to the Hirer.

5.39. If the Hirer installs the Loadbank Unit, responsibility starts when it leaves LoadTec's premises and ends when it returns.

6. Owner's Warranties and Exclusions

6.1. The Owner warrants that it holds full legal title to the Loadbank Unit under the name LoadTec Solutions Pty Ltd.

6.2. The Loadbank Unit is, at the time of commencement of hire, in operational, good order, and usable condition.

6.3. No third party holds any rights or claims over the Loadbank Unit that would impede or prejudice the Hirer’s use of it.

6.4. The Owner is not subject to any legal or contractual obligations that would prevent it from entering into this Hire Agreement.

6.5. The Owner makes no warranties or representations regarding:

a. Any defect existing or arising at or after delivery of the Loadbank Unit;

b. In the event of a breakdown or defect arising from standard guideline usage or fair wear and tear, LoadTec shall cover the cost of technicians’ day wages and materials, excluding travel and accommodation. However, if the defect or breakdown is determined to be due to the Hirer’s negligence or misuse, the Hirer shall bear the full cost of rectification.

6.6. LoadTec shall not be liable for any loss, damage, or claim for stoppages caused by conditions outside its control, including but not limited to adverse weather, site inaccessibility, or environmental factors. No refund or hire fee reduction will be provided in such cases.

6.7. Once an order is accepted, any cancellation or suspension by the Hirer will not be binding on LoadTec unless agreed in writing.

6.8. Any incorrect, incomplete, or altered specifications provided by the Hirer that result in additional work or costs shall incur additional charges. These will be based on LoadTec’s standard published rates or, if not provided, industry-standard rates.

6.9. Provided that the Hirer complies with the terms of this Agreement, including operating the Loadbank Unit according to the manufacturer's manual and only through authorized personnel, the Owner warrants that it will not interfere with the Hirer’s use of the Loadbank Unit, nor permit interference by others.

6.10. LoadTec complies with the Privacy Act 1988 (Cth) and will manage all personal information related to the Hirer in accordance with the Australian Privacy Principles (APPs), including collection, use, disclosure, storage, transfer, and destruction.

6.11. The Hirer must comply with the APPs in relation to any personal information received from LoadTec under this Agreement.

7. Delivery

7.1. If the Owner is unable to deliver possession of the Loadbank Unit at the commencement of the Initial Hire Period due to circumstances beyond its control, the Hire shall be deemed to commence from the date the Loadbank Unit departs the Owner’s premises for delivery to the Hirer’s location.

7.2. If LoadTec is unable to supply the Loadbank Unit as agreed, it reserves the right to terminate the order or Hire Contract by providing written notice to the Hirer. No liability shall arise from such termination.

7.3. Once an order is accepted by LoadTec, any cancellation or suspension of that order by the Hirer, in whole or in part, shall not be binding unless agreed to in writing by LoadTec.

7.4. The Owner shall assign to the Hirer, at the Hirer's cost and expense, the benefit of any applicable manufacturer warranties or guarantees associated with the Loadbank Unit.

7.5. Any delivery date provided by LoadTec is approximate and non-binding. Time for delivery is not of the essence unless expressly agreed in writing.

8. Payment and Accounts

8.1. The Hirer shall pay all hire charges as set out in the Hire Contract in full, without set-off, counterclaim, or deduction of any kind.

8.2. If any payment is not made by its due date, interest shall accrue daily on the outstanding amount at a rate of 10% per annum above the Reserve Bank of Australia’s official cash rate, calculated from the due date until the date of actual payment.

8.3. No discount, rebate, or reduction in hire charges shall apply if the Loadbank Unit is not used for the full Hire Period.

8.4. A replacement fee shall be charged for each item listed in the most recent quote, invoice, or purchase order that is not returned by the Hirer.

8.5. Unless otherwise stated, all quotations are exclusive of Goods and Services Tax (GST).

8.6. In addition to the hire charges, the Hirer shall reimburse LoadTec for any additional expenses incurred in relation to the Loadbank Unit or associated services, including but not limited to:

a. GST, sales tax, and other applicable taxes, duties, or import charges;

b. Levies under legislation such as the Building and Construction Industry Training Fund and Levy Collection Act 1990 (WA);

c. Freight, insurance, and associated charges for dispatch and return of the Loadbank Unit.

8.7. The Hirer assumes responsibility for all taxes, license fees, and charges related to the Loadbank Unit. If the Hirer fails to pay such amounts, whether contested or not, the Hirer agrees to indemnify and reimburse the Owner for any related costs, losses, or damages incurred.

8.8. The Hirer is responsible for all taxes and charges related to the hire and transport of the Loadbank Unit, regardless of whether they are explicitly mentioned in any documentation, including but not limited to quotes, invoices, or purchase orders.

8.9. Payment is due within 30 days of the date of invoice. Time for payment is of the essence.

9. Damage Waiver

9.1. The Damage Waiver applies only upon the Hirer’s payment of the Damage Waiver fee as specified in LoadTec's quotation, invoice, or purchase order. The Damage Waiver covers repair costs up to the lesser of 10% of the Loadbank Unit’s replacement value or AUD $24,000.

9.2. The Damage Waiver does not cover:

a. Damages arising from the Hirer’s negligence, misuse, or failure to comply with operating instructions (see Clause 6.5);

b. Damage occurring during transportation, including loading and unloading, where such activities are conducted by the Hirer or on their behalf.

9.3. Upon return of the Loadbank Unit, LoadTec will conduct an inspection and notify the Hirer within 14 days of any damage or loss. If repair costs exceed the Damage Waiver limit, the Hirer must pay the balance, as well as any other amounts claimed by LoadTec, within 15 days of written demand by LoadTec.

10. Insurance

10.1. The Hirer shall, at its own cost, maintain comprehensive insurance coverage for the Loadbank Unit for the entire duration of the Hire Period. This coverage must include all risks, loss, theft, or damage, as well as third-party liability, with no exclusions or excesses.

10.2. The insurance policy must cover the full replacement value of the Loadbank Unit.

10.3. Upon request, the Hirer shall provide the Owner with a copy of the insurance policy and evidence of payment of the premiums.

10.4. The insurance policy shall name both the Owner and the Hirer as insured parties, ensuring that both are protected against liability. The policy shall provide primary and non-contributory coverage in favor of the Owner.

10.5. The Hirer must provide the required insurance documentation to the Owner no less than 24 hours prior to the scheduled dispatch or collection of the Loadbank Unit. If the Loadbank Unit departs the Owner’s premises without such documentation being received, the Hirer is deemed to have accepted full responsibility for insuring the Loadbank Unit and all associated liabilities during the Hire Period.

10.6. In the event of any loss or damage to the Loadbank Unit, the Hirer must notify the Owner without delay. The Owner may elect to:

a. Require the Hirer to promptly repair or replace the Loadbank Unit at the Hirer’s cost; or

b. Require the Hirer to assign all rights, benefits, and insurance claims to the Owner. The Hirer remains liable for any shortfall not covered by the insurance policy.

10.7. If the Hirer fails to maintain insurance coverage as required, the Hirer accepts full liability for any resulting loss or damage. In such cases, the Hirer shall reimburse the Owner for the full replacement value of the Loadbank Unit within 45 days of the occurrence of such loss or damage.

10.8. Without limiting any other rights or remedies, LoadTec may:

a. Charge the Hirer for lost rental revenue for the duration the Loadbank Unit is out of service due to damage or loss;

b. Claim damages for breach of this Agreement;

c. Suspend delivery or performance of any future orders or contracts;

d. Terminate any unfulfilled portion of the Hire Contract by written notice.

11. Default and Termination

11.1. This Hire Agreement shall automatically terminate upon the occurrence of an Event of Default, at any point during the Hire Period.

11.2. An "Event of Default" includes, but is not limited to, the following:

a. Any representation or warranty made by the Hirer is found to be false or misleading, in the Owner’s reasonable opinion;

b. The Loadbank Unit is lost, destroyed, or rendered unusable for any reason;

c. Hire charges or any other amounts remain unpaid more than seven (7) days after written demand has been issued to the Hirer;

d. The Hirer uses the Loadbank Unit illegally or outside the agreed scope of use;

e. The Hirer enters into an arrangement with creditors or becomes subject to insolvency proceedings;

f. Any action is taken by or against the Hirer indicating insolvency or inability to pay debts.

11.3. Each Event of Default shall be deemed independent and not limited by the occurrence or non-occurrence of any other Event of Default.

11.4. Upon the occurrence of an Event of Default:

a. This Agreement shall automatically terminate;

b. The Hirer shall immediately notify the Owner;

c. The Owner may take any steps necessary to retake possession of the Loadbank Unit;

d. All expenses and losses incurred by the Owner in connection with the Event of Default shall be a debt due from the Hirer to the Owner.

12. Consequences of Termination

12.1. Upon termination of the Hire Agreement, whether by expiry or otherwise:

a. The Hirer shall immediately return the Loadbank Unit to a location specified by the Owner;

b. If legal or physical barriers prevent the return, or if the Owner opts to retrieve the Loadbank Unit, the Hirer shall bear all associated costs, including transportation and storage;

c. The Hirer shall reimburse the Owner for any costs, losses, or expenses incurred in reclaiming, repairing, reselling, or otherwise dealing with the Loadbank Unit;

d. The Owner may enter any premises to recover the Loadbank Unit. Repossession shall not affect the Owner’s rights to claim for outstanding hire charges, damages, or any other remedy available;

e. The Hirer shall continue to pay hire charges up to the time the Loadbank Unit is recovered, based on the agreed hire rate;

f. The Hirer shall bear all reasonable costs required to restore the Loadbank Unit to a condition consistent with its age and normal use, assuming regular maintenance. These costs are recoverable as a debt;

 g. If any debt remains outstanding, the Owner may utilize the Security Deposit to settle the debt. An account will be reconciled, and any remaining balance owed to the Hirer shall be promptly paid. In cases where no Security Deposit is held or is insufficient to cover the entire debt, the Owner retains the right to pursue alternative legal remedies for recovery. This may involve legal action, seeking a judgment, or any other lawful means, and the Hirer agrees to be liable for the additional costs, including legal fees, incurred by the Owner during the recovery process.

13. Limitation of liability

13.1. This provision, along with any other provision limiting or exempting the Owner's liability, extends to the Owner's directors, officers, employees, subcontractors, agents, affiliated companies, legal heirs, and the Owner itself.

13.2. Except as expressly set forth in this agreement or any written warranty statement, LoadTech bears no liability to the Hirer in any manner arising from or in connection with the utilization, storage, or any other transactions involving the Loadbank Unit by the Hirer or any third party.

13.3. LoadTech assumes no responsibility for indirect or consequential losses or expenses incurred by the Hirer or any third party, however caused, encompassing, but not limited to, loss of turnover, profits, business, goodwill, or any liability to any other party, except to the extent of any liability mandated by the Australian Consumer Law (ACL).

13.4. LoadTech shall not be held accountable for any loss or damage suffered by the Hirer due to LoadTech's failure to meet any delivery date, or if LoadTech cancels or suspends the supply of the Loadbank Unit.

14. Assignment

14.1. This Agreement remains binding upon any successor, permitted assignee, or transferee of either party.

14.2. The Hirer is prohibited from assigning or transferring any of its rights or obligations under this agreement without obtaining the prior written consent of the Owner. Such consent may be withheld without the need for providing a reason.

14.3. The Owner holds the right to assign its rights and obligations to any other person without requiring the consent of the Hirer.

14.4. The Owner may disclose to a potential assignee information about the Hirer deemed reasonable and appropriate by the Owner.

15. Personal Properties and Security Act 2009 (Cth) ("PPSA")

In the event this Agreement establishes a PPSA lease, the following provisions apply.

15.1. The parties acknowledge that terms defined in clause 15 hold the same meanings as stipulated in the PPSA.

15.2. Ownership, title, and property of the Loadbank Unit remain vested in the Owner at all times.

15.3. Upon default by the Hirer under the Agreement, the Owner, without prior notice, reserves the right to enter the Hirer's premises for the purpose of recovering the Loadbank Unit.

15.4. The Agreement constitutes a Security Agreement under the PPSA, favouring the Owner, encompassing the Loadbank Unit supplied to the Hirer, and extending to proceeds, including but not limited to sale or rent monies, and insurance proceeds.

15.5. Both parties expressly recognize that the Owner, as the Secured Party, retains the entitlement to register its Security Interest in the Loadbank Unit, whether already supplied or yet to be supplied to the Hirer under this Agreement. Such registration will be executed on the Personal Property Securities Act (PPSA) Register as collateral.

15.6. The Loadbank Unit, supplied under this Agreement and slated for supply, fall within the PPSA classification of "Other Goods" leased by the Owner. Consequently, these Goods assume the status of Commercial Property for the Hirer, distinctly separate from and not constituting part of the Hirer's Inventory.

15.7. The Hirer commits not to grant any other person a security interest in the Loadbank Unit.

15.8. To the extent permissible by law, the Hirer:

a. Waives the right to receive notification or a copy of any Verification Statement confirming the registration of a Financing Statement or Financing Change Statement related to a Security Interest granted to the Owner by the Hirer.

b. Agrees to indemnify the Owner for all associated costs, including legal costs on a solicitor/client basis, related to the registration, amendment, or discharge of any Financing Statement registered by or on behalf of the Owner, and enforcement or attempted enforcement of any Security Interest granted by the Hirer.

c. Both parties mutually acknowledge that, pursuant to section 109(1) of the Personal Property Securities Act (PPSA), each lease governed by this Agreement is not intended to secure payment or performance of any obligation. However, in the event that Chapter 4 of the PPSA becomes applicable to enforce a security interest arising under or in connection with a lease covered by this Agreement, the Hirer consents, to the extent allowed by law, to the following terms:

1. Agree that the provisions outlined in sections 130 to 143 of the PPSA will have no application to this agreement or the Security established under this Agreement.
2. Expressly waive the right to undertake any of the following actions under the PPSA:
   i. Receive notice of removal of an Accession under section 95.
   ii. Receive notice of an intention to seize Collateral under section 123.
   iii. Object to the purchase of the Collateral by the Secured Party under section 129.
   iv. Receive notice of disposal of Collateral under section 130.
   v. Receive a Statement of Account if there is no disposal under section 130(4).
   vi. Receive a Statement of Account under section 132(3)(d) following a disposal, providing details of amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
   vii. Receive notice of retention of Collateral under section 135.
   viii. Redeem the Collateral under section 142.
   ix. Reinstate the Security Agreement under section 143.
   
   

16. Indemnity

To the extent permitted by law, the Hirer agrees to indemnify the Owner against all costs, claims and expenses arising directly or indirectly from:

16.1. Hirer's failure to comply with the law,

16.2. Hirer's breach of this Agreement,

16.3. Any act, neglect or default by any agent, employee, licensee or related party of the Hirer,

16.4. A contractual claim arising from Hirer's use of the Loadbank Unit, non-payment of the Hire Rentals or any other payment due under this Agreement.

16.5. The Hirer shall indemnify the Owner against any and all costs, actions, claims, demands, losses, or damages arising from or in connection with the storage, location, and use of the Loadbank Unit by the Hirer or any person under their control throughout the Entire Hire Period.

17. Miscellaneous matters

17.1. If any provision of this Agreement is held to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If modification is not possible, the invalid, illegal, or unenforceable provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect. The intent of the parties and the enforceability of the other provisions shall not be affected.

17.2. The rights and obligations of the parties set out in this Agreement shall pass to any permitted successor in title.

17.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.4. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

17.5. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:

a. If delivered by hand: on the day of delivery.

b. If sent by post to the correct address: within 72 hours of posting.

c. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

17.6. The 'Terms and Conditions of Hire' agreement is made available to the Hirer as an online link within the quotation, invoice, or purchase order. The act of accepting any of the aforementioned documents, or upon the Loadbank Unit leaving the Owner's premises to the Hirer's premises, constitutes the Hirer's acknowledgment of having reviewed, comprehended, and consented to and legally bound by the 'Terms and Conditions of Hire' agreement.

17.7. The headings to the paragraphs and schedules (if any) to this Agreement are inserted for convenience only and do not affect the interpretation.

17.8. LoadTech reserves the right to periodically modify these terms and conditions and will promptly provide the Hirer with a copy of the revised version. The Hirer is granted a period of 30 days from the date of receiving such variations to reject them and terminate any Hire Contract. In the absence of such rejection, the Hirer is obliged to accept and be bound by the variations. Subsequently, the Hirer shall have no entitlement to dispute the said variations, regardless of their applicability.

17.9. Unless otherwise stated, this Agreement does not give any right to any third party.

17.10. In the event of any conflict between any term of this Agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this Agreement shall prevail.

17.11. In the event of a dispute between the parties to this Agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

17.12. This agreement is governed by the laws of New South Wales, Australia. The parties consent to the non-exclusive jurisdiction of the courts of New South Wales, the Federal Court of Australia, and appellate courts with jurisdiction over appeals from these courts.

17.13. Any amendments to this Agreement must be made in writing and signed by both parties.