Common use of PPS Law Clause in Contracts

PPS Law. 14.1 This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. 14.2 The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. 14.4 To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause.

Appears in 6 contracts

Samples: Master Agreement for the Hire of Vehicles, Master Agreement for the Hire of Plant and Equipment, Master Agreement for the Hire of Plant and Equipment

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PPS Law. 14.1 (a) This clause applies to the extent that our interest in respect of a hire or sale of Equipment provided for in this agreement provides for document is a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer . (b) You must do anything (such as obtaining consents and signing documents) which the owner requires we require for the purposes of ensuring that the owner’s our security interest is enforceable, perfected, first in priority and otherwise effective under the PPS Law. 14.2 The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 The (c) Our rights of the owner under this document are in addition to and not in substitution for the owner’s our rights under other law (including the PPS Law) and the owner we may choose whether to exercise rights under this document, and/or under such other law, as it sees we see fit. 14.4 (d) To the extent that Chapter 4 of the PPS Law applies to the any security interest under this agreementdocument, and the PPS Law requires the owner You agree to give a waive any period of or right to notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable would otherwise apply under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement Chapter 4 in Your favour in respect of all goods enforcement by us. (e) In addition to which that section can be applied. Provisions any rights under Chapter 4 in respect of seizure, possession or sale or retention of the PPS Law confer rights on the owner. The hirer agrees Equipment You agree that in addition to those rights, the owner willwe shall, if there is default by the hirerYou, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections Chapter 4 but also, as additional and independent rights, under this document and the hirer agrees You agree that the owner we may do so in any manner it sees fit, we see fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 The hirer waives its (f) You waive Your rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. The owner This waiver also extends to any verification statement in respect of security interests arising or provided for under security documents prior to the date of this document. (g) We and the hirer You agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer You must do everything necessary on its Your part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this This sub-clause is made solely for the purposes purpose of allowing the owner to us the benefit of section 275(6)(a) and the owner will we shall not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches for breach of this sub-clause. (h) You 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 Law) in the Equipment other than with the express written consent of us. You must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless we (in our absolute discretion) first consent in writing. If we do consent any such sub-hire must be in writing in a form acceptable to us and must be expressed to be subject to our rights under this document. You may not vary a sub-hire without our prior written consent (which may be withheld in our absolute discretion). (i) You must ensure that we are provided at all times 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. (j) You must take all steps including registration under PPS Law as may be required: (i) to ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (ii) enabling You to gain (subject always to our rights) first priority (or any other priority agreed to by us in writing) for the security interest; and (iii) enabling us and You to exercise our respective rights in connection with the security interest. (k) To assure performance of Your obligations under this clause 22 , You hereby give us an irrevocable power of attorney to do anything we consider necessary to protect our interest in the Equipment. We may recover from You the cost of doing anything under this clause 22, including registration fees.

Appears in 2 contracts

Samples: General Agreement, Service Agreement

PPS Law. 14.1 This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 Act 2009 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. 14.2 . The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 . The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. 14.4 . To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 . The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause. The hirer must not create, purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the vehicle other than with the express written consent of the owner. The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the vehicle to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement. The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion). The hirer must ensure that the owner is provided at all times 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 vehicle. The hirer must take all steps including registration under PPS Law as may be required to: ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; enabling the hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and enabling the owner and hirer to exercise their respective rights in connection with the security interest. The owner may recover from the hirer the cost of doing anything under this clause, including registration fees. Executed as an agreement For and on behalf of:……………………………………………………………………………….(company) Authorised Person: ……………………………………………………………………………….(printed name) Signature: ……………………………………………………………….. Date: …………………….

Appears in 1 contract

Samples: Master Agreement for the Hire of Vehicles

PPS Law. 14.1 This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. 14.2 The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. 14.4 To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer hirer, the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause.

Appears in 1 contract

Samples: Master Agreement for the Hire of Vehicles

PPS Law. 14.1 18.1 This clause applies to the extent that this agreement provides EZY Rental’s interest in respect of a rent or sale of Equipment provided for in these Terms is a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. Security Interest. 18.2 The owner may register its security interest. The hirer Renter must do anything (such as obtaining consents and signing documents) which the owner EZY Rental requires for the purposes of ensuring that the ownerEZY Rental’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. 14.2 The owner may recover from the hirer the cost of doing anything 18.3 EZY Rental’s rights under this clause, including but not limited to registration fees. 14.3 The rights of the owner under this document these Terms are in addition to and not in substitution for the ownerEZY Rental’s rights under other law (including the PPS Law) and the owner EZY Rental may choose whether to exercise rights under this document, these Terms and/or under such other law, as it sees fit. 14.4 To the extent that . In addition to any rights under Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions seizure, possession or sale or retention of the PPS Law confer rights on Equipment, the owner. The hirer Renter agrees that in addition to those rights, the owner EZY Rental will, if there is a default by the hirerRenter, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goodsEquipment, not only under those sections PPS Law but also, as additional and independent rights, under this document these Terms and the hirer Renter agrees that the owner EZY Rental may do so in any manner it sees fit, fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 18.4 To the extent that Chapter 4 of the PPS Law applies to any Security Interest under these Terms, for the purposes of section 115 of the PPS Law EZY Rental and the Renter contract out of any provision of that Chapter which requires EZY Rental to give the Renter any notice or statement or period to remedy any default. The hirer Renter also 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. The owner This waiver also extends to any verification statement in respect of Security Interests arising or provided for under security documents prior to the date of an agreement the subject of these Terms. 18.5 EZY Rental and the hirer Renter agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer Renter 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 This sub-clause is made solely for the purposes purpose of allowing the owner EZY Rental the benefit of section 275(6)(a) and the owner EZY Rental will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches in respect of a breach of this sub-clause. 18.6 The Renter must not dispose or purport to dispose of, or create or purport to create or permit to be created any Security Interest in the Equipment other than with the express prior written consent of EZY Rental. 18.7 The Renter must not lease, rent, bail or give possession of the Equipment to anyone else unless EZY Rental (in its absolute discretion) first consents in writing.

Appears in 1 contract

Samples: Rental Agreement

PPS Law. 14.1 This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. 14.2 . The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 . The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. 14.4 . To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 . The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause. The hirer must not create, purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the equipment other than with the express written consent of the owner. The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement. The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion). The hirer must ensure that the owner is provided at all times 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. The hirer must take all steps including registration under PPS Law as may be required to: ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; enabling the hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and enabling the owner and hirer to exercise their respective rights in connection with the security interest. The owner may recover from the hirer the cost of doing anything under this clause, including registration fees. Executed as an agreement For and on behalf of:……………………………………………………………………………….(company) Authorised Person: ……………………………………………………………………………….(printed name) Signature: ……………………………………………………………….. Date: …………………….

Appears in 1 contract

Samples: Master Agreement for the Hire of Plant and Equipment

PPS Law. 14.1 This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. 14.2 . The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 . The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. 14.4 . To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 . The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause. The hirer must not create, purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the equipment other than with the express written consent of the owner. The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement. The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion). The hirer must ensure that the owner is provided at all times 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. The hirer must take all steps including registration under PPS Law as may be required to: ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; enabling the hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and enabling the owner and hirer to exercise their respective rights in connection with the security interest. The owner may recover from the hirer the cost of doing anything under this clause, including registration fees. Executed as an agreement For and on behalf of:……………………………………………………………………………….(company) Authorised Person: ……………………………………………………………………………….(printed name) Signature: ……………………………………………………………….. Date: ……………………. I have read and accept the above terms and conditions of hire. In particular I am aware that the hirer is responsible for the safekeeping of the equipment against damage or theft and that the owners insurance will not cover the hirer, subject to any damage waiver agreement. For and on behalf of:………………………………………………………………………………..(company) Authorised person: ………………………………………………………………………………..(printed name) Signature: ……………………………………………………………….. Date: ……………………… Owner…………………………………………………………(company) ABN …………………………………………………………. 1 Plant and Equipment: ……………………………………………………………………………………… 2 Hire fee (incl GST): ………………………………………………………………..………………………… 3 Damage waiver fee (incl GST): …………………………... 4 Hire period: From …………….(Date)……………(Time) to …………..(Date)…………..(Time) 5 Deliver to:…………………………………………………………………………………………………………… 6 Pick up from:……………………………………………………………………………………………………… Manuals/risk assessment information issued……………………………………………………………………… Training required:…………………………………............................................................................ Hazardous materials warning:………………………………………………………………………………………….. Competency Certificate requirement:……………………………………………………………………………….. Specific conditions of use:……………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………..… …………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. All equipment is hired under the terms of the Master Agreement for the Hire of Plant and Equipment in place between the hirer and the owner unless any other terms have been specifically prescribed or agreed by the owner. The hirer certifies that the equipment has been received in good order and condition and the hirer has received detailed instructions on the operation of equipment in the Schedule and understands the safety procedures that are to be followed including the restrictions on other persons using the equipment.

Appears in 1 contract

Samples: Master Agreement for the Hire of Plant and Equipment

PPS Law. 14.1 20.1 Despite anything else in this document, without the express written consent of White Marquee, the hire period (including any option or extension of it) cannot be longer than two years (or any other period that is the time threshold for a PPS lease under the PPS Law (as defined below)). 20.2 This clause applies to the extent that this agreement provides for a 'security interest' for the purposes of the Personal Property Securities Xxx 0000 Act 2009 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner White Marquee may register its security interest. The hirer Hirer must do anything (such as obtaining consents and signing documents) which the owner White Marquee requires for the purposes of ensuring that the owner’s White Marquee's security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. 14.2 The owner 20.3 White Marquee may recover from the hirer Hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 20.4 The rights of the owner White Marquee under this document are in addition to and not in substitution for the owner’s White Marquee's rights under other law (including PPS Law) and the owner White Marquee may choose whether to exercise rights under this document, and/or under other law, as it sees fit. 14.4 20.5 To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner White Marquee to give a notice or allow time or provide any account to the hirer Hirer the hirer Hirer and owner White Marquee agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is "contracted out" of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the ownerWhite Marquee. The hirer Hirer agrees that in addition to those rights, the owner White Marquee will, if there is default by the hirerHirer, 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 hirer Hirer agrees that the owner White Marquee may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 20.6 The hirer Hirer 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. The owner White Marquee and the hirer Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer Hirer 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 purposes of allowing the owner White Marquee the benefit of section 275(6)(a) and the owner White Marquee will not be liable to pay damages or any other compensation or be subject to injunction if the owner White Marquee breaches this sub-clause.

Appears in 1 contract

Samples: Hire Agreement

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PPS Law. 14.1 This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 Act 2009 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. 14.2 . The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 14.2 The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. 14.4 14.3 To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 14.4 The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause.

Appears in 1 contract

Samples: Master Agreement for the Hire of Plant and Equipment

PPS Law. 14.1 13.1 This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. 14.2 13.2 The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 13.3 The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. 14.4 13.4 To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 13.5 The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause.

Appears in 1 contract

Samples: Master Agreement for the Hire of Plant and Equipment

PPS Law. 14.1 This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. 14.2 . The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 . The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. 14.4 . To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 . The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause. The hirer must not create, purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the equipment other than with the express written consent of the owner. The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement. The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion). The hirer must ensure that the owner is provided at all times 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. The hirer must take all steps including registration under PPS Law as may be required to: ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; enabling the hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and enabling the owner and hirer to exercise their respective rights in connection with the security interest. The owner may recover from the hirer the cost of doing anything under this clause, including registration fees. Executed as an agreement For and on behalf of:……………………………………………………………………………….(company) Authorised Person: ……………………………………………………………………………….(printed name) Signature: ……………………………………………………………….. Date: ……………………. I have read and accept the above terms and conditions of hire. In particular I am aware that the hirer is responsible for the safekeeping of the equipment against damage or theft and that the owners insurance will not cover the hirer, subject to any damage waiver agreement. For and on behalf of:………………………………………………………………………………..(company) Authorised person: ………………………………………………………………………………..(printed name) Signature: ……………………………………………………………….. Date: ……………………… Owner…………………………………………………………(company) ABN …………………………………………………………. 1 Elevating Work Platforms: ……………………………………………………………………………… 2 Hire fee (incl GST): ………………………………………………………………..………………………… 3 Damage waiver fee (incl GST): …………………………... 4 Hire period: From …………….(Date)……………(Time) to …………..(Date)…………..(Time) 5 Deliver to:…………………………………………………………………………………………………………… 6 Pick up from:……………………………………………………………………………………………………… Manuals/risk assessment information issued……………………………………………………………………… Training required:…………………………………............................................................................ Hazardous materials warning:………………………………………………………………………………………….. Competency Certificate requirement:……………………………………………………………………………….. Specific conditions of use:……………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………..… …………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. All equipment is hired under the terms of the Master Agreement for the Hire of Elevating Work Platforms in place between the hirer and the owner unless any other terms have been specifically prescribed or agreed by the owner. The hirer certifies that the equipment has been received in good order and condition and the hirer has received detailed instructions on the operation of equipment in the Schedule and understands the safety procedures that are to be followed including the restrictions on other persons using the equipment.

Appears in 1 contract

Samples: Master Agreement for the Hire of Elevating Work Platforms

PPS Law. 14.1 This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. 14.2 . The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 . The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. 14.4 . To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 . The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause. The hirer must not create, purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the equipment other than with the express written consent of the owner. The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement. The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion). The hirer must ensure that the owner is provided at all times 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. The hirer must take all steps including registration under PPS Law as may be required to: ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; enabling the hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and enabling the owner and hirer to exercise their respective rights in connection with the security interest. The owner may recover from the hirer the cost of doing anything under this clause, including registration fees. Executed as an agreement For and on behalf of:……………………………………………………………………………….(company) Authorised Person: ……………………………………………………………………………….(printed name) Signature: ……………………………………………………………….. Date: ……………………. I have read and accept the above terms and conditions of hire. In particular I am aware that the hirer is responsible for the safekeeping of the equipment against damage or theft and that the owners insurance will not cover the hirer, subject to any damage waiver agreement. For and on behalf of:………………………………………………………………………………..(company) Authorised person: ………………………………………………………………………………..(printed name) Signature: ……………………………………………………………….. Date: ……………………… Owner…………………………………………………………(company) ABN …………………………………………………………. 1 Telescopic Handlers: ……………………………………………………………………………………… 2 Hire fee (incl GST): ………………………………………………………………..………………………… 3 Damage waiver fee (incl GST): …………………………... 4 Hire period: From …………….(Date)……………(Time) to …………..(Date)…………..(Time) 5 Deliver to:…………………………………………………………………………………………………………… 6 Pick up from:……………………………………………………………………………………………………… Manuals/risk assessment information issued……………………………………………………………………… Training required:…………………………………............................................................................ Hazardous materials warning:………………………………………………………………………………………….. Competency Certificate requirement:……………………………………………………………………………….. Specific conditions of use:……………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………..… …………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. All equipment is hired under the terms of the Master Agreement for the Hire of telescopic handlers in place between the hirer and the owner unless any other terms have been specifically prescribed or agreed by the owner. The hirer certifies that the equipment has been received in good order and condition and the hirer has received detailed instructions on the operation of equipment in the Schedule and understands the safety procedures that are to be followed including the restrictions on other persons using the equipment.

Appears in 1 contract

Samples: Master Agreement for the Hire of Telescopic Handlers

PPS Law. 14.1 This clause applies ‌ 16.1 The parties acknowledge that by entering into this agreement they are providing for the terms of hires that will occur or are likely to occur and that it will promote flexibility in the terms of those hires if each party’s actual or potential interest is protected for PPS Law purposes. Each party named in a Part agrees to each party named in another Part making a registration on the PPSR against it (including as a purchase money security interest) and waives any right to make any claim for compensation against a registering party if it turns out there is no Security Interest in fact. 16.2 Each party making a registration against another party must consult with the other party in good faith as to the extent particulars of registration and in particular the collateral description so that this agreement provides for a ‘security interest’ for the purposes registration is no wider in its terms than reasonably required to protect the interests of the Personal Property Securities Xxx 0000 (Cth) (PPS Law)registering party. References However this does not prevent an Owner taking any steps it reasonably considers are urgently required to PPS Law in this Agreement include references to amended, replacement and successor provisions. perfect any actual or impending Security Interest. 16.3 The owner may register its security interest. The hirer Hirer must do anything (such as obtaining consents and signing documents) which the owner Owner requires for the purposes of ensuring that the owner’s security interest any Security Interest of an Owner is enforceable, perfected, first priority perfected and otherwise effective as a first priority security interest under the PPS Law. 14.2 The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. 14.3 16.4 The rights of the owner Owner under this document agreement are in addition to and not in substitution for the ownerOwner’s rights under any other applicable law (including the PPS Law) and the owner Owner may choose whether to exercise rights under this documentagreement, and/or under such other law, as it sees fit. 14.4 To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer Hirer agrees that in addition to those rightsany rights of the Owner under PPS Law, the owner willOwner may, if there is default by the hirerHirer, 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 agreement and the hirer Hirer agrees that the owner Owner may do so in any manner it sees fit, fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 14.5 The hirer waives its rights 16.5 Sections 95 (notice of removal of accession to receive the extent it requires Owner to give a verification statement in relation notice to registration events in respect the Hirer) and section 96 (retention of commercial property under section 157 of the PPS Law. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer must do everything necessary on its part to ensure that section 275(6)(aaccession) of the PPS Law continues to apply. The agreement in this sub-clause is made solely do not apply and, for the purposes of allowing section 115 of the owner PPS Law are “contracted out” of this agreement to the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clauseextent they could otherwise apply.

Appears in 1 contract

Samples: Cross Hire Agreement

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