1. Definitions
   • “Civil Hire” means Civil Hire Pty Ltd (as Trustee for E&S Family Trust), its successors and assigns or any person acting on behalf of and with the authority of Civil Hire Pty Ltd (as Trustee for E&S Family Trust).
   • “Client” means the person/s purchasing Services, hiring Equipment, or hiring Labour (each as applicable) as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
   • “Services” means all Services supplied by Civil Hire to the Client at the Client’s request from time to time (where the context so permits the terms ‘Equipment’ or ‘Services’ shall be interchangeable for the other, for the purposes of this agreement where the context so permits ‘Services’ shall also include the supply of ‘Labour’).
   • “Equipment” means all Equipment including any accessories supplied on hire by Civil Hire to the Client (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by Civil Hire to the Client.
   • “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by Civil Hire to the Client.
   • “Labour” or “Candidate” shall mean any individual sent by Civil Hire to the Client for employment by the Client on a temporary, casual, or part time basis.
   • “Price” means the Price payable for the Services and/or Equipment/Labour hire as agreed between Civil Hire and the Client in accordance with clause 4

2. Acceptance
   • The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Services/Equipment.
   • These terms and conditions may only be amended with Civil Hire’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Civil Hire.

3. Change in Control
   • The Client shall give Civil Hire not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Civil Hire as a result of the Client’s failure to comply with this clause.

4. Price and Payment
   • At Civil Hire’s sole discretion the Price shall be either:
     • as indicated on any invoice provided by Civil Hire to the Client; or
     • the Price as at the date of delivery of the Services/Equipment according to Civil Hire’s current price list; or
     • Civil Hire’s quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
   • Civil Hire reserves the right to change the Price if a variation to Civil Hire’s quotation is requested, or in the event of increases to Civil Hire in the cost of labour or materials which are beyond Civil Hire’s control.
   • Time for payment for the Services/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by Civil Hire, which may be:
     • before delivery of the Services/Equipment; or
     • on delivery of the Services/Equipment; or
     • by way of instalments/progress payments in accordance with Civil Hire’s payment schedule;
     • the date specified on any invoice or other form as being the date for payment; or
     • failing any notice to the contrary, the date which is thirty (30) days following the date of any invoice given to the Client by Civil Hire.
   • Payment may be made by bank cheque, electronic/on-line banking, Credit Card (plus a surcharge of up to two and a half percent (2.5%) of the Price), or by any other method as agreed to between the Client and Civil Hire.
   • Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Civil Hire an amount equal to any GST Civil Hire must pay for any supply of Services/Equipment by Civil Hire under this or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
   • The Client acknowledges and agrees that the Client’s obligations to Civil Hire for the supply of Services/Equipment shall not cease until:
     • the Client has paid Civil Hire all amounts owing for the particular Services/Equipment hire; and
     • the Client has met all other obligations due by the Client to Civil Hire in respect of all contracts between Civil Hire and the Client.
   • Receipt by Civil Hire of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Civil Hire’s ownership or rights in respect of the Services, and this agreement, shall continue.

5. Delivery
   • Delivery (“Delivery”) of the Services/Equipment is taken to occur at the time that:
     • the Client or the Client’s nominated carrier takes possession of the Services/Equipment at Civil Hire’s address; or
     • Civil Hire (or Civil Hire’s nominated carrier) delivers the Services/Equipment to the Client’s nominated address even if the Client is not present at the address.
   • At Civil Hire’s sole discretion, the cost of delivery is in addition to the Price.
   • The Client must take delivery by receipt of the Services/Equipment whenever either is tendered for delivery. In the event that the Client is unable to take delivery of the Services/Equipment as arranged then Civil Hire shall be entitled to charge a reasonable fee for redelivery of the Services/Equipment.
   • Any time or date given by Civil Hire to the Client is an estimate only. The Client must still accept delivery of the Services/Equipment even if late and Civil Hire will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.

6. Title
   • The Equipment is and will at all times remain the absolute property of Civil Hire.
   • If the Client fails to return the Equipment to Civil Hire when requested then Civil Hire or Civil Hire’s nominated agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused.
   • The Client is not authorised to pledge Civil Hire’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.

7. Personal Property Securities Act 2009 (“PPSA”)
   • In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
   • Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in:
     • all Equipment that has previously been supplied and that will be supplied in the future by Civil Hire to the Client; and/or
     • all collateral (account), being a monetary obligation of the Client for Services that have previously been provided, and that will be provided in the future, by Civil Hire for the Client.
   • The Client undertakes to:
     • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Civil Hire may reasonably require to;
       • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
       • register any other document required to be registered by the PPSA; or
       • correct a defect in a statement referred to in clause 3(a)(i) or 7.3(a)(ii);
     • indemnify, and upon demand reimburse, Civil Hire for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Equipment (or charge over collateral) charged thereby;
     • not register a financing change statement in respect of a security interest without the prior written consent of Civil Hire;
     • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment and/or collateral in favour of a third party without the prior written consent of Civil Hire.
   • Civil Hire and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
   • The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
   • The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
   • Unless otherwise agreed to in writing by Civil Hire, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
   • The Client must unconditionally ratify any actions taken by Civil Hire under clauses 3 to 7.5.
   • Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
   • Only to the extent that the hire of the Equipment exceeds a twelve (12) month contract term (or a six (6) month contract term with the right of renewal), shall this clause apply, and this agreement a security agreement for the purposes of PPSA generally, and in particular Section 20.

8. Security and Charge
   • In consideration of Civil Hire agreeing to supply the Services/Equipment, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
   • The Client indemnifies Civil Hire from and against all Civil Hire’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Civil Hire’s rights under this clause.
   • The Client irrevocably appoints Civil Hire and each director of Civil Hire as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 8 including, but not limited to, signing any document on the Client’s behalf.

9. Errors and Omissions, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
   • The Client must inspect the Services/Equipment on delivery and must within twenty-four (24) hours of delivery notify Civil Hire in writing of any evident defect/damage, error or omission, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Services/Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Civil Hire to inspect the Services/Equipment.
   • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
   • Civil Hire acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
   • Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Civil Hire makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Services/Equipment. Civil Hire’s liability in respect of these warranties is limited to the fullest extent permitted by law.
   • If the Client is a consumer within the meaning of the CCA, Civil Hire’s liability is limited to the extent permitted by section 64A of Schedule 2.
   • If Civil Hire is required to rectify, re-supply, or pay the cost of re-supplying any Services/Equipment under this clause or the CCA, but is unable to do so, then Civil Hire may refund any money the Client has paid for the Services/Equipment but only to the extent that such refund shall take into account the value of Services/Equipment which have been provided to the Client which were not defective.
   • Notwithstanding anything contained in this clause if Civil Hire is required by a law to accept a return then Civil Hire will only accept a return on the conditions imposed by that law.

10. Default and Consequences of Default
    • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Civil Hire’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Client owes Civil Hire any money the Client shall indemnify Civil Hire from and against all costs and disbursements incurred by Civil Hire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Civil Hire’s contract default fees, and bank dishonour fees).
    • Without prejudice to any other remedies Civil Hire may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Civil Hire may suspend or terminate the supply of Services/Equipment to the Client. Civil Hire will not be liable to the Client for any loss or damage the Client suffers because Civil Hire has exercised its rights under this clause.
    • Without prejudice to Civil Hire’s other remedies at law Civil Hire shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Civil Hire shall, whether or not due for payment, become immediately payable if:
      • any money payable to Civil Hire becomes overdue, or in Civil Hire’s opinion the Client will be unable to make a payment when it falls due;
      • the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

11. Cancellation
    • Civil Hire may cancel any contract to which these terms and conditions apply or cancel delivery of the Services/Equipment at any time before the Services/Equipment are delivered by giving written notice to the Client. On giving such notice Civil Hire shall repay to the Client any money paid by the Client for the Services/Equipment. Civil Hire shall not be liable for any loss or damage whatsoever arising from such cancellation.
    • In the event that the Client cancels delivery of Services/Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by Civil Hire as a direct result of the cancellation (including, but not limited to, any loss of profits).

12. Privacy Act 1988
    • The Client agrees for Civil Hire to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Civil Hire.
    • The Client agrees that Civil Hire may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
      • to assess an application by the Client; and/or
      • to notify other credit providers of a default by the Client; and/or
      • to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
      • to assess the creditworthiness of the Client.

The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

• The Client consents to Civil Hire being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
• The Client agrees that personal credit information provided may be used and retained by Civil Hire for the following purposes (and for other purposes as shall be agreed between the Client and Civil Hire or required by law from time to time):
  • the provision of Services/Equipment; and/or
  • the marketing of Services/Equipment by Civil Hire, its Civil Hires or distributors; and/or
  • analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services/Equipment; and/or
  • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
  • enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services/Equipment.
• Civil Hire may give information about the Client to a credit reporting agency for the following purposes:
  • to obtain a consumer credit report about the Client;
  • allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
• The information given to the credit reporting agency may include:
  • personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
  • details concerning the Client’s application for credit or commercial credit and the amount requested;
  • advice that Civil Hire is a current credit provider to the Client;
  • advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
  • that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
  • information that, in the opinion of Civil Hire, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
  • advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
  • that credit provided to the Client by Civil Hire has been paid or otherwise discharged.

13. Confidentiality
    • Civil Hire and the Client agree to keep confidential any information in relation to the other party which is not in the public domain (including, but not limited to, trade secrets, processes, formulae, accounts, marketing, designs, databases and all other information held in any form).

14. General
    • The failure by Civil Hire to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Civil Hire’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria, the state in which Civil Hire has its principal place of business, and are subject to the jurisdiction of the courts in that state.
    • Subject to clause 9 Civil Hire shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Civil Hire of these terms and conditions (alternatively Civil Hire’s liability shall be limited to damages which under no circumstances shall exceed the Price).
    • The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Civil Hire nor to withhold payment of any invoice because part of that invoice is in dispute.
    • Civil Hire may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
    • The Client agrees that Civil Hire may amend these terms and conditions at any time. If Civil Hire makes a change to these terms and conditions, then that change will take effect from the date on which Civil Hire notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Civil Hire to supply Services/Equipment to the Client.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    • The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

Applicable to Equipment Hire Only

15. Hire Period
    • Hire charges shall commence from the time the Equipment is collected by the Client from Civil Hire’s premises and will continue until the return of the Equipment to Civil Hire’s premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
    • The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.
    • No allowance whatsoever can be made for time during which the Equipment is not in use for any reason, unless Civil Hire confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Client notifies Civil Hire immediately, hiring charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Client.

16. Risk to Equipment
    • Civil Hire retains property in the Equipment, nonetheless all risk for the Equipment passes to the Client on delivery.
    • The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies Civil Hire for all loss, theft, or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client.
    • The Client will insure, or self insure, Civil Hire’s interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
    • The Client accepts full responsibility for and shall keep Civil Hire indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Equipment during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons.

17. Client’s Responsibilities
    • The Client shall:
      • maintain the Equipment as is required by Civil Hire (including, but not limited to, maintaining water, oil and fluid levels and tyre pressures);
      • notify Civil Hire immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved from the requirements to safeguard the Equipment by giving such notification;
      • satisfy itself at commencement that the Equipment is suitable for its purposes;
      • operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by Civil Hire or posted on the Equipment;
      • ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to Civil Hire upon request;
      • comply with all occupational health and safety laws relating to the Equipment and its operation;
      • on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to Civil Hire;
      • keep the Equipment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Equipment;
      • not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;
      • employ the Equipment solely in its own work and shall not permit the Equipment of any part thereof to be used by any other party for any other work;
      • not exceed the recommended or legal load and capacity limits of the Equipment;
      • not use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
      • not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold;
    • Immediately on request by Civil Hire the Client will pay:
      • the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Civil Hire;
      • all costs incurred in cleaning the Equipment;
      • all costs of repairing any damage caused by the ordinary use of the Equipment up to an amount equal to ten percent (10%) of the new list price of the Equipment;
      • the cost of repairing any damage to the Equipment caused by the negligence of the Client or the Client’s Civil Hire;
      • any lost hire fees Civil Hire would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;
      • the cost of repairing any damage to the Equipment caused by vandalism, or (in Civil Hire’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client;
      • the cost of fuels and consumables provided by Civil Hire and used by the Client.

Applicable to Labour Hire Only

18. Services
    • Civil Hire undertakes to:
      • use its best endeavours to provide suitably qualified Candidates to undertake work duties in compliance with the Client’s requirements; and
      • make the payment of all amounts due to the Candidate under the terms of any relevant industrial instrument or contract; and
      • make the payment of all leave entitlements (including, but not limited to, annual leave, sick leave, parental leave and long service leave) if the Candidate is a fulltime employee; and
      • deduct the requisite amounts of income tax, fringe benefits tax, pay roll tax and all other applicable deductions as required by Australian law; and
      • ensure payment of any other statutory taxes, superannuation contributions and/or levies as required by Australian law; and
      • maintain workers compensation insurance for all Candidates, except where state laws specify otherwise.
    • Civil Hire’s quotation shall specify:
      • the Services to be provided by each Candidate;
      • the job description of each Candidate;
      • the commencement and termination dates of the Services;
      • the location where Services shall be performed;
      • the Price payable by the Client for the Services.
    • Civil Hire must be advised by the Client of any specific site or project allowances which may be applicable. All such allowances (including, but not limited to, meal, travel or tool allowances) shall be on-charged to the Client accordingly.
    • The Client acknowledges that only lunch breaks shall be deducted from total hours charged by Civil Hire to the Client.
    • The Client acknowledges and agrees that the Client’s obligations to Civil Hire for the supply of Services shall not cease until:
      • the Client has paid Civil Hire all amounts owing for the particular Services; and
      • the Client has met all other obligations due by the Client to Civil Hire in respect of all contracts between Civil Hire and the Client.

19. Client’s Responsibilities / Agreements
    • The Client agrees that they shall supply to Civil Hire (on the day specified by Civil Hire) a duly authorised timesheet to enable Civil Hire to pay the Candidate when due.
    • It is the responsibility of the Client to:
      • provide supervision of Candidates to ensure that work is carried out to a satisfactory standard; and
      • provide Candidates with appropriate information, supervision and training to enable them to work safely; and
      • provide Candidates with workplace specific and job specific induction if necessary. This induction is to be completed before the Candidate commences work with the Client; and
      • familiarise the Candidate with the Client’s operations, facilities, policies and procedures, and properly inform Civil Hire of any specific requirements of the job which the Candidate will be required to undertake; and
      • provide safe working conditions and to comply with all statutory and other obligations that are applicable pursuant to Australian law (including but not limited to, Occupational Health and Safety legislation) applicable to employers and otherwise to treat Candidates as if they were employed by the Client; and
      • effect and maintain insurance cover in respect of any claims which may be made against the Client by a Candidate that arises as a result of the Client’s occupation of premises, and otherwise in respect of any act or omission in respect of machinery, equipment or vehicle(s) used by the Candidate, and to indemnify Civil Hire against any such claims; and
      • properly maintain plant and equipment; and
      • provide where a candidate may be required to ‘stand down’ because of adverse weather conditions a minimum ‘stand down’ payment of not less than four (4) hours per Candidate, unless an alternative minimum payment has been agreed between Civil Hire and the Client in writing.
    • The Client agrees that it will not request a Candidate to engage in any works or use any equipment that a Candidate is unfamiliar with, or unqualified to use or perform, or have not received adequate training for.
    • The Client agrees that they will immediately notify Civil Hire of any variation of duties given to a Candidate that may affect the remuneration payable to the Candidate or may involve additional risk to the Candidate.
    • The Client agrees that it will immediately notify Civil Hire of any injury sustained by the Candidate.
    • The Client acknowledges that they remain responsible for controlling the manner, time and place in which the Candidate shall carry out their duties as assigned by the Client and that in doing so the Client shall be liable for all acts and omissions of the Candidate the same as they would be for any of their own employees.
    • In no circumstances shall Civil Hire be liable for any personal injury resulting in injury or death, loss and/or damage or expense arising out of, or caused by, any act or omission of a Candidate whether or not any such act or omission is negligent, and the Client acknowledges and agrees to indemnify Civil Hire against all such liability whether alleged or proved. The Client is to include all Candidates in the Client’s own public liability insurance cover.
    • If any event arises which is likely to lead to any dispute or claim, the Client must notify Civil Hire of the same within thirty (30) days of the event. If the Client shall fail to comply with this provision then all Services provided by Civil Hire shall be deemed to have been provided in accordance with these terms and conditions, and free from any disputes or claims.
    • The Client agrees that any working environment in which a Candidate is placed during the period of the engagement will comply with all applicable equal opportunity legislation or regulations. The Client agrees to immediately notify Civil Hire if a Candidate is involved in a sexual harassment or discrimination claim during the performance of the Services.
    • The Client acknowledges that Civil Hire makes no representation or guarantee that any Candidate will achieve a certain level of performance, achieve a certain outcome, solve a particular problem or attain a specific goal.

20. Employees of Civil Hire
    • The Client agrees not to employ, contract, subcontract or utilise in any way an employee or past employee of Civil Hire (other than through Civil Hire) for a period of no less than twelve (12) months after that employee’s last employment with Civil Hire.
    • The Client agrees that if clause 1 is contravened Civil Hire will be able to invoice the Client at its current hourly rate the hours that the employee has been employed, contracted, subcontracted or utilised in any way by the Client and agrees to pay said invoice in accordance with the standard payment terms contained in this contract.