Terms & Conditions

Note to customer

Please read these Hire Contract Conditions carefully. They form part of each hire agreement between Portable Hire Solutions and the Customer and may affect the Customer's rights and obligations, including responsibility for payment, site access, damage, misuse, cleaning, contamination, cancellation and collection of hired Equipment.

Nothing in these Hire Contract Conditions excludes, restricts or modifies any right or guarantee that cannot lawfully be excluded, including rights under the Australian Consumer Law.

A Hire Schedule, quotation, booking confirmation, invoice, credit application or other written document issued by Portable Hire Solutions may set out additional details for a particular hire. If there is an inconsistency, the Hire Schedule or other document that specifically identifies the particular hire will prevail to the extent of the inconsistency, except where the law requires otherwise.

Where these Hire Contract Conditions are provided or made available to the Customer before payment, the Customer accepts and agrees to be bound by them upon making any payment in respect of the hire, including a deposit or Hire Charge. Payment constitutes acceptance of these Hire Contract Conditions.

1. Interpretation and Definitions

BUSINESS DAY - means a day other than a Saturday, Sunday or public holiday in Queensland.

COMMENCEMENT - means the date the Equipment is delivered to, collected by or otherwise made available to the Customer, as stated in the Hire Schedule.

CUSTOMER - means the person, firm, organisation, partnership, corporation, trust or other entity hiring the Equipment, and includes any person who places the order with authority on its behalf.

EQUIPMENT - means the items hired or supplied by Portable Hire Solutions, including portable toilets, portable buildings and amenities, shower or en-suite trailers, waste or water tanks, pumps, hoses, leads, locks, accessories, fittings, consumables and any associated equipment shown on the Hire Schedule.

HIRE CHARGE - means the amounts payable for the hire, delivery, collection, servicing and any other agreed goods or services shown on the Hire Schedule, quotation, booking confirmation or invoice.

HIRE PERIOD - means the period from Commencement until the agreed end date or until the Equipment is made available for collection in accordance with these conditions, whichever is later, subject to clause 6.

HIRE SCHEDULE - means any quotation, booking confirmation, hire schedule, invoice, credit application or other document issued by Portable Hire Solutions that identifies the Customer, Equipment, Site, Hire Period, charges or other site-specific terms.

PORTABLE HIRE SOLUTIONS - means the company or business identified as Portable Hire Solutions on the Hire Schedule, referred to in these conditions as "Portable Hire Solutions" or "PHS".

REMOTE AREA - means a Site more than 50 kilometres from the PHS branch or depot supplying the Equipment, unless another service area is stated in the Hire Schedule. SERVICE - includes scheduled or requested attendance for cleaning, pump-out, replenishment of agreed consumables, inspection, maintenance or other servicing of the Equipment.

SITE - means the location at which the Equipment is delivered, installed, placed, serviced or used.

2. Portable Hire Solutions Obligations

2.1 PHS will provide the Equipment in a clean, safe and serviceable condition, subject to ordinary wear from prior use where that does not affect safe or reasonable use.

2.2 PHS will use reasonable care and skill in delivering, placing, servicing and collecting the Equipment.

2.3 PHS will perform the Service frequency shown on the Hire Schedule. Where no frequency is shown, the parties will use the frequency agreed at booking or otherwise reasonably appropriate to the type of hire.

2.4 If the Customer reports a fault that is not caused by misuse, damage, contamination, loss of site services or another matter for which the Customer is responsible, PHS will use reasonable efforts to repair, replace or otherwise make the Equipment serviceable within a reasonable time having regard to location, parts availability, safety and the nature of the fault.

2.5 PHS may refuse to deliver, place, service or collect Equipment where it reasonably considers the Site, access route, weather or requested work to be unsafe or unlawful. PHS will, where reasonably practicable, work with the Customer to arrange a safe alternative.

3. Customer Obligations

3.1 The Customer must provide accurate information about the Site, intended use, expected number of users and any special conditions that may affect the type, quantity, placement or servicing of the Equipment.

3.2 The Customer must use the Equipment only for its intended purpose and in a safe and lawful manner, and must ensure that persons using or accessing the Equipment do the same.

3.3 The Customer must not tamper with, alter, dismantle, repair, tow, lift, relocate or move the Equipment without PHS's prior approval, except where PHS has expressly authorised a particular movement in writing.

3.4 The Customer must notify PHS as soon as reasonably practicable of any fault, accident, overflow, contamination, theft, vandalism or damage and, in any event, within 2 Business Days after becoming aware of it.

3.5 The Customer must take reasonable steps to protect the Equipment from theft, vandalism, fire, vehicle impact, tipping, unauthorised access and other foreseeable damage while it is under the Customer's control.

3.6 The Customer must obtain and maintain any permission, permit, owner approval, builder approval, body corporate approval or site authority reasonably required for the Equipment to be delivered, placed and used at the Site.

3.7 Where Equipment requires electricity, water, sewer, septic or another site service, the Customer must provide safe, compliant and continuous services at its cost in the form and location stated in the Hire Schedule or reasonably required for that Equipment.

3.8 For commercial or higher-risk hires, the Customer must maintain any insurance reasonably specified in the Hire Schedule, including public liability insurance where appropriate to the Site or event.

4. Delivery, Placement, Site Access and Relocation

4.1 The Customer must provide safe, clear and suitable access for PHS vehicles, trailers and personnel for delivery, placement, Service and collection. Access must be available at the agreed or reasonably notified times.

4.2 Before delivery, the Customer must disclose known hazards or access issues, including soft or unstable ground, flooding, steep grades, underground services, irrigation, septic tanks, overhead lines, low branches, restricted turning areas, locked gates, animals and other hazards that may affect access or placement.

4.3 PHS may choose a safe alternative placement location if the Customer's requested location is unsafe, inaccessible or likely to damage the Equipment or PHS vehicle. PHS will consult with the Customer where reasonably practicable.

4.4 The Customer authorises PHS and its contractors to enter the Site at reasonable times, where lawful, for delivery, Service, inspection, repair, relocation or collection of the Equipment.

4.5 If PHS cannot safely complete a delivery or Service because access is unavailable, obstructed or unsafe for reasons within the Customer's control, PHS may charge the reasonable direct cost of the failed attendance and any reasonable cost of a further attendance. Failed collections are dealt with under clause 6.4.

4.6 PHS will take reasonable care when accessing the Site. The Customer acknowledges that delivery and collection vehicles and Equipment may cause ordinary ground disturbance. PHS is not responsible for damage caused by undisclosed underground services, unsuitable ground or access conditions, except to the extent the damage is caused by PHS's failure to exercise reasonable care.

4.7 If the Customer moves or permits the movement of Equipment without approval, the Customer is responsible for reasonable relocation, recovery or repair costs to the extent those costs result from the unauthorised movement.

5. Servicing, Capacity, Use and Prohibited Waste

5.1 The Customer must keep the Equipment reasonably accessible for scheduled Service and must ensure gates, locks, work zones and other access controls do not prevent PHS from attending.

5.2 If a scheduled Service cannot be completed because access is unavailable or unsafe for reasons within the Customer's control, PHS will use reasonable efforts to arrange another attendance. A reasonable additional attendance charge may apply.

5.3 The Customer must promptly notify PHS if the Equipment is approaching capacity, overflowing, damaged or otherwise unsafe to use, and must take reasonable steps to prevent further use where continued use could cause injury, overflow or damage.

5.4 The Customer must not place or permit the placement of rubbish, nappies, wipes, sanitary products other than as intended, chemicals, oils, concrete, paint, solvents, hazardous substances, building waste or other unsuitable materials into a toilet, waste tank or associated system.

5.5 Where prohibited material, excessive contamination or misuse causes additional pumping, cleaning, transport, disposal, treatment, repair or replacement, the Customer must pay the reasonable additional cost to the extent caused by that misuse or contamination.

5.6 If actual usage materially exceeds the user numbers or usage information supplied by the Customer, PHS may recommend or provide additional Service or Equipment. Any additional Service or Equipment must be agreed where practicable and will be charged at the agreed or reasonably notified rate.

5.7 Where the Customer declines a reasonable recommendation for additional Equipment or Service, PHS is not responsible for reduced amenity or capacity issues caused by that decision, except to the extent required by law or caused by PHS.

6. Hire Period, Extensions and Collection

6.1 The Hire Period is the period shown on the Hire Schedule. Any minimum hire period stated on the Hire Schedule applies.

6.2 If the Customer wishes to extend the Hire Period, it must request the extension before the agreed end date. An extension is subject to availability and any agreed revised charges.

6.3 For ongoing hire with no fixed end date, the hire continues until either party gives the notice required by the Hire Schedule or, if no notice period is stated, reasonable notice having regard to the Service cycle and collection arrangements.

6.4 The Customer must ensure the Equipment is ready and reasonably accessible for collection on the agreed end date or collection date. Equipment will be considered not ready for collection where, for reasons within the Customer's control, PHS is unable to safely or reasonably remove it, including where access is blocked or restricted, gates are locked, the Equipment remains in use, the Customer or Site representative asks that it not be removed, required Customer-supplied services have not been disconnected, or other equipment or materials prevent removal. If PHS attends the Site for an agreed or reasonably notified collection and cannot collect the Equipment for a reason within the Customer's control, PHS may charge a Failed Collection / Reattendance Fee at $85.00 per hour excluding GST, calculated on the reasonable time incurred in the failed attendance, including travel and waiting time, and any subsequent reattendance required. Hire Charges may continue until the Equipment is made ready and reasonably available for collection. The Customer must notify PHS when the Equipment is ready and arrange a further collection.

6.5 Where the Equipment is accessible and the Customer has properly requested collection, PHS will use reasonable efforts to collect it promptly. The Customer will not be charged additional recurring Hire Charges solely because PHS delays collection beyond the agreed collection date, although agreed collection charges remain payable.

6.6 The Customer must return all accessories, keys, hoses, leads, locks and fittings supplied with the Equipment when the hire ends.

7. Charges and Payment

7.1 Unless the Hire Schedule states otherwise, the Customer must pay the Hire Charge before Commencement. Approved credit account customers must pay each invoice by the due date shown on the invoice.

7.2 The Customer must pay GST and any other tax, levy, toll, permit fee or government charge properly payable in connection with the hire, to the extent stated in the Hire Schedule or invoice or otherwise imposed by law.

7.3 In addition to the Hire Charge, the Customer must pay reasonable additional charges properly incurred under these conditions, including charges for additional Service, relocation, waiting time, failed delivery, failed Service, Failed Collection / Reattendance under clause 6.4, after-hours attendance, excessive cleaning, contamination, recovery, disposal, replacement of missing items and repairs for which the Customer is responsible. The Failed Collection / Reattendance Fee under clause 6.4 is $85.00 per hour excluding GST. PHS will notify the Customer of any other applicable rate before carrying out additional work where reasonably practicable.

7.4 If the Customer disputes an invoice, it must notify PHS in writing as soon as reasonably practicable, identifying the disputed amount and reasons. The Customer must pay any undisputed amount by the due date. This clause does not limit any statutory right to dispute or withhold payment.

7.5 Interest may be charged on any amount that remains unpaid for more than 30 days after its due date at 8.75% per annum, calculated daily from the 31st day until payment is received. This contractual rate does not limit any statutory interest entitlement that applies and cannot lawfully be excluded.

7.6 The Customer must reimburse PHS for reasonable external debt recovery and legal costs actually incurred in recovering overdue amounts, to the extent those costs are recoverable by law.

7.7 If the Customer provides card or account details and separately authorises recurring or automatic payment, PHS may securely tokenise and use those details to charge amounts that are due under the Hire Schedule. The Customer may revoke future automatic payment authority, but revocation does not affect amounts already due.

7.8 For an ongoing hire, PHS may propose a change to recurring hire or Service rates by giving at least 30 days written notice. The Customer may end the ongoing hire before the increase takes effect without an early termination fee, provided all accrued charges and normal collection charges are paid.

8. Cancellation and Postponement

8.1 The Customer may cancel or postpone a booking by notifying PHS as soon as possible before delivery.

8.2 A cancellation or postponement fee will only apply if it is stated in the Hire Schedule or if PHS has already incurred reasonable direct costs because of the booking. If no specific fee is stated, the Customer is responsible only for reasonable direct and non-recoverable costs actually incurred by PHS as a result of the cancellation or postponement, including labour, transport and third-party charges.

8.3 If Equipment has already been dispatched, delivered or specially prepared for the Customer, the Customer must also pay the reasonable delivery, recovery, cleaning or other direct costs already incurred, together with Hire Charges for any period the Equipment was actually supplied or unavailable for re-hire because of the Customer's cancellation, to the extent reasonably necessary to compensate PHS.

8.4 Any deposit or prepayment will be applied against amounts properly payable under this clause and any balance will be refunded within a reasonable time.

8.5 If PHS cancels before delivery for reasons within its control and cannot provide a reasonable alternative, PHS will refund amounts paid for Equipment or Services not supplied.

9. Loss, Damage, Theft, Vandalism and Cleaning

9.1 The Equipment remains at all times the property of PHS or its owner. Risk of loss or damage passes to the Customer on delivery or collection by the Customer and ends when PHS retakes possession, except to the extent the loss or damage is caused by PHS.

9.2 The Customer is responsible for reasonable repair, cleaning, recovery or replacement costs for loss or damage arising from misuse, vandalism, theft, fire, vehicle impact, tipping, unauthorised relocation, contamination or failure to take reasonable care while the Equipment is under the Customer's control, except to the extent caused by fair wear and tear, an inherent defect or an act or omission of PHS.

9.3 If Equipment is not returned or cannot be recovered because of a matter for which the Customer is responsible, PHS may charge the reasonable replacement cost of equivalent Equipment, less any amount that would result in PHS being overcompensated.

9.4 The Customer must not repair or arrange repair of Equipment without PHS's approval, except where immediate action is reasonably necessary to prevent injury or further property damage and PHS cannot be contacted.

9.5 In the event of theft, the Customer must make a police report as soon as reasonably practicable and provide a copy or reference number to PHS within 7 days where reasonably possible.

9.6 PHS does not provide a damage or theft waiver unless a separate waiver is expressly stated and paid for in the Hire Schedule. No waiver is implied by these conditions.

10. Ownership, Sub-Hire and PPSA

10.1 The Customer must not sell, dispose of, mortgage, encumber, sub-hire, lend or give possession of the Equipment to another person without PHS's prior written consent.

10.2 The Customer must promptly tell PHS if the Equipment is moved to another Site with PHS approval and must provide the new location and reasonable access details.

10.3 Where this hire creates or may create a security interest, PPS lease or other interest under the Personal Property Securities Act 2009 (Cth) (PPSA), the Customer acknowledges that PHS may register that interest on the Personal Property Securities Register and must provide reasonable assistance required for registration or maintenance of that interest.

10.4 The Customer must not create or permit another security interest over the Equipment that is inconsistent with PHS's ownership or rights. Any rights under this clause operate only to the extent permitted by the PPSA and other applicable law.

11. Weather, Cyclones, Flooding and Other Events Outside Control

11.1 PHS may delay, reschedule, suspend, relocate or temporarily remove Equipment or Service where reasonably necessary because of a cyclone watch or warning, severe weather, flooding, road closure, site evacuation, unsafe access, fire, natural disaster or another event outside PHS's reasonable control.

11.2 PHS will use reasonable efforts to notify the Customer and resume the affected Service or hire when it is safe and reasonably practicable to do so.

11.3 Neither party is liable for delay or failure to perform an obligation to the extent caused by an event outside that party's reasonable control, except for obligations to pay amounts already due for Equipment or Services supplied.

11.4 If an event under this clause prevents the hire from continuing for a material period, either party may end the affected hire on reasonable notice. The Customer will only be required to pay accrued Hire Charges and reasonable direct non- recoverable costs incurred before termination.

12. Australian Consumer Law and Liability

12.1 Nothing in this Contract excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

12.2 Subject to clause 12.1 and to the extent permitted by law, PHS is not liable for indirect, special or consequential loss that was not reasonably foreseeable as a result of PHS's breach, negligence or other act or omission.

12.3 PHS is not responsible for loss of use, overflow, service interruption or Site damage to the extent caused by inaccurate information supplied by the Customer, unsuitable or undisclosed Site conditions, failure of Customer-supplied water or power, prohibited waste, unauthorised relocation, blocked access or misuse of the Equipment.

12.4 Nothing in these conditions limits liability for personal injury or death to the extent that liability cannot lawfully be excluded or limited, or for fraud or wilful misconduct.

13. Remote Hire

13.1 For Equipment located in a Remote Area, the Customer must pay any Remote Area delivery, collection, Service or attendance charge shown in the Hire Schedule or otherwise agreed before the relevant attendance.

13.2 Where an additional remote attendance is required because of a matter within the Customer's control, PHS may charge reasonable travel, labour and direct accommodation or transport costs actually incurred, provided those costs are notified in advance where reasonably practicable.

13.3 Where multiple items at the same Site can reasonably be serviced during one attendance, PHS will not charge duplicate call-out fees unless additional vehicles, personnel or separate attendances are reasonably required.

14. Breach, Suspension and Termination

14.1 If a party materially breaches this Contract, the other party may give notice requiring the breach to be remedied within a reasonable period having regard to the nature and seriousness of the breach.

14.2 PHS may suspend non-essential Services, refuse further Equipment, or terminate the hire and recover the Equipment if the Customer fails to remedy a material breach, becomes insolvent, abandons the Site, unlawfully uses the Equipment, creates an immediate safety risk, or fails to pay an undisputed overdue amount after reasonable notice.

14.3 Where urgent action is reasonably necessary to protect health, safety, the Equipment or other property, PHS may take immediate reasonable action without first allowing a remedy period.

14.4 On termination, the Customer must provide lawful and safe access for PHS to collect the Equipment. Termination does not affect rights or amounts that accrued before termination.

14.5 PHS will not exercise a contractual right to enter premises or recover Equipment in a way that is unlawful, unsafe or inconsistent with any non-excludable right of the Customer or another person in possession of the Site.

15. Disputes

15.1 If a dispute arises, each party must identify the issue and use reasonable efforts to resolve it by good-faith discussion between people with authority to settle the dispute.

15.2 If the dispute is not resolved, the parties may agree to mediation before commencing court proceedings. Nothing in this clause prevents either party from seeking urgent relief, recovering an undisputed debt, making a statutory payment claim, or exercising a right that has a time limit under law.

16. Privacy, Records and Electronic Communications

16.1 PHS may collect and use information reasonably required to quote, supply, service, invoice, recover and administer the hire and to comply with legal obligations.

16.2 PHS will handle personal information in accordance with applicable privacy laws and its privacy policy where those laws or the policy apply. A current privacy policy, if published, is available from PHS on request or through its notified website.

16.3 The Customer consents to receiving Hire Schedules, invoices, notices and other hire documents electronically at the email address or electronic contact supplied by the Customer.

16.4 An electronic notice is taken to be received on the next Business Day after it is sent unless the sender receives an error or failure notification or knows that delivery did not occur.

17. Queensland Construction Payment Rights

17.1 If a hire is a construction contract, or includes the supply of related goods and services for construction work, within the meaning of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), that Act applies to the extent required by law.

17.2 Nothing in these conditions excludes, restricts or modifies a right or obligation under that Act that cannot lawfully be excluded, including rights relating to payment claims, payment schedules, due dates, suspension and statutory interest.

17.3 Where the Act applies and requires interest on an unpaid progress payment at a rate greater than the contractual rate in clause 7.5, the statutory rate applies to the extent required by the Act.

18. General and Governing Law

18.1 These conditions and the relevant Hire Schedule form the agreement for the hire, subject to any written variation agreed by both parties and any rights that cannot be excluded by law.

18.2 PHS may update these Hire Contract Conditions for future hires by giving reasonable notice or publishing the updated version. An update does not change an existing fixed-term hire unless the Customer agrees or the change is required by law. For ongoing hires, any change that materially disadvantages the Customer will only take effect after reasonable written notice, and the Customer may end the hire before it takes effect without an early termination fee.

18.3 If any provision is invalid or unenforceable, it is to be read down to the minimum extent necessary or, if that is not possible, severed without affecting the remaining provisions.

18.4 A failure or delay in exercising a right does not waive that right.

18.5 This Contract is governed by the laws of Queensland. The parties submit to the jurisdiction of the courts and tribunals of Queensland, subject to any mandatory law that requires otherwise.