1. INSPECTION

The Hirer has inspected the equipment prior to taking possession of the equipment and:-

1.1 Is satisfied that the equipment is clean, in good repair and in safe working order;

1.2 Is aware of the proper use for which the equipment is designed and is satisfied that it is suitable for the purpose required;

1.3 Is satisfied with the instructions given in the proper and safe manner of using the equipment and is familiar with its proper and safe use.

2. USE OF EQUIPMENT

The Hirer agrees that the equipment is to be used:-

2.1 In a skillful and proper manner; by a trained and sufficiently accredited person for that plant or equipment hired.

2.2 For the purpose and within the capacity for which it was designed for; and will seek further guidance if unsure on machine capacity’s

2.3 For legal purposes or in a legal manner and the Hirer will comply at its own expense with requirements of all Government Authorities in relation to the equipment;

2.4 At the address provided by the Hirer and the equipment is only to be removed from this address for the purpose of returning it to the Owner;

2.5 By the Hirer or suitably competent direct employees or directly insured persons of the hirer with the approval hirer by a suitably
competent, certified or licensed operator.

3. PERIOD OF HIRE

The period of Hire shall commence from either:-

3.1 The commencement date and time as shown overleaf; or

3.2 The time when the equipment is delivered to the Hirer at the address contained overleaf, whichever is the earlier; and shall terminate

3.3 At the time when the equipment is returned to the Owner; or

3.4 At the time the Hirer notifies the Owner that the equipment is ready for collection by the Owner. Such notification will be deemed to have been properly given only when the Hirer has received from a member of the office hire control staff of the Owner, an off hire number;

3.5 This period of hire shall terminate on whichever is the later event of 3.3 or 3.4. Notification by the Hirer that the equipment is ready for collection and the receipt by the Hirer of an off hire number shall not relieve the Hirer for liability for the equipment until it is collected by the Owner.

4. RETURN OF EQUIPMENT AND TERMINATION

The Hirer agrees to return this equipment to the Owner during regular business hours. The Owner may terminate this agreement at its sole discretion and the Hirer authorizes the Owner and servants to enter upon such land as may be necessary to recover the equipment.

5. HIRING CHARGES

The Hirer will pay the hire charges at the rate and in the manner specified during the hire period. The Hirer schedule of rates may be subject to alteration by mutual agreement between the Hirer and Owner if the agreed period of hire is altered in any way by the Hirer. The customer agrees that payments are made in advance and authorizes deductions debits via EFT and card details provided.

6. LATE RETURN & FUEL

6.1 If the equipment is not returned at the end of the hire period additional costs will be incurred.

6.2 Additional charges will apply if the equipment is more than 30 minutes late on return. From 30 mins – 1 hour $40.00; From 1 hour – 2 hours $100.00; Past 2 hours a full days hire fee will be charged

6.3 The Hirer will ensure at the time of off hire, the plant, equipment will be returned with the same quantity of fuel as received.
In the event that the machine requires fuel the owner will charge the Hirer to recover costs associated with replenishing fuel at $3.50 Per Litre

7. DELIVERY, INSTALLATION AND COLLECTION

If the Hirer requests the Owner to deliver, install or collect the equipment, the Hirer agrees to pay to the Owner all of the Owner’s reasonable expenses occurred in complying with this request in addition to the hire charges. These expenses may include costs due to any delay incurred, or additional labor performed due to the Hirer’s failure to prepare the site.

8. LOADING AND UNLOADING EQUIPMENT

The Hirer is responsible for loading and unloading equipment. If an employee of the Owner assists in the loading or unloading of the equipment the Hirer agrees to indemnify the Owner for any property damage or personal injuries in relation to this assistance whether or not due to negligence.

9. EQUIPMENT MAINTENANCE

The Hirer agrees to:-

9.1 Keep and maintain the equipment in a clean condition and good repair and working order;

9.2 Service the equipment in a skillful and proper manner and to supply all oil and grease necessary for operation of the equipment at its own expense.

9.3 Supply all fuel necessary for the operation of the equipment at its own expense.

9.4 Repair or replace damaged tires and tracks.

9.5 Give the Owner access to the equipment for inspection at any reasonable time without the Owner giving prior notice.

10. EQUIPMENT FAILURE

If equipment becomes unsafe or in a state of disrepair, the Hirer agrees to immediately discontinue use of equipment and to notify the Owner immediately. The Hirer will on no account attempt to repair the equipment without the consent of the Owner and will immediately return the equipment to the Owner’s premises if required to do so by the Owner. If the failure is caused by reasonable wear and tear and for no other reason including the Hirer’s negligence or misuse, the Owner agrees, in its discretion, to:-

10.1 Repair the equipment within a reasonable time;

10.2 Make similar equipment available, or

10.3 Adjust the rental charge.

The Owner shall in no circumstances be liable for any loss sustained by the Hirer.

11. ACCIDENT

The Hirer will immediately notify the Owner of any accident or damage including breakdown involving its equipment.

11.1 DAMAGE AND REPAIR DOWN TIME CHARGES

Equipment damaged while on hire shall remain on a chargeable hire (as per hire fee) (extended) term until the equipment is repaired or able to be hired again.

12. CLEANING AND REPAIR

12.1 The Hirer agrees to Deep Clean and wash machine daily if in harsh conditions (worksites, contaminated water, etc.)

12.2 If the equipment is not returned in a clean condition or in good repair and working order (fair wear and tear excepted) the Owner may at its absolute discretion charge the Hirer for all reasonable costs of cleaning the equipment, restoring it to good repair and working order, or replacement of equipment which cannot reasonably be repaired

13. LOSS

The Hirer will be liable for the full cost of replacement of equipment lost or stolen while in its possession. No form of insurance is offered on Plant and Equipment without prior arrangement. The hirer further agrees to incur all costs associated with recovering and or replacing the equipment e.g. covering insurance costs, losses or excesses. The Hirer agrees and must advise the Owner immediately of the loss, theft, damage or vandalism a wavier does not apply to loss or theft damage or vandalism.
It is the sole responsibility of the hirer to ensure adequate insurance is held for all plant and equipment provided.

14. WAIVER

If waiver insurance is not purchased at time of hire, the hirer agrees to take full responsibility and hold sufficient insurance cover for any, loss or damage which in any way relates to or arises out of:

14.1 Burglary, theft or vandalism

14.2 Breach of any statutory laws or regulations in connection with the use of the Hired Goods by the Hirer

14.3 Misuse, abuse, willful and or malicious acts, negligent and or reckless use and or overloading of the Hired Goods

14.4 Theft, loss or damage by whatever cause to tools and or accessories supplied with the Hired Goods including but not limited to, hoses, points, drills bits, grease guns, electric leads, tires , tracks and tubes

14.5 Lack of lubrication or non-adherence to other normal maintenance regimes that could reasonably be expected of the Hirer under the Hire Agreement

14.6 Disregard for instructions given to the Hirer by the Company in respect of the proper use of the Hired Goods or in contradiction of the Manufacturer’s instructions if supplied with the Hired Goods at the time of hiring

14.7 Unexplained disappearance of the Hired goods and equipment.

14.8 Theft of the Hired Goods regardless if on site security is available including, but not limited to, locked yards, building and sheds, where this security is not used by the Hirer to secure the Hired Goods whilst they are left unattended any wharf or bridge or over any body of water

14.9 Loading or off-loading of Hired Goods using any lifting device causing the Hired Goods to leave the earth’s surface of any sort for any reason

15. PAYMENT

Accounts are due and payable on the end of the Hire period. Hire, delivery, installation and collection charges or other charges where applicable are payable on strictly net cash terms unless otherwise specified. Where credit is extended terms are cash thirty (30) days from date of invoice not end of month. One off hires without accounts are due prior to the hire period starting or upon delivery

15.1 DISHONOURED PAYMENTS/CHARGEBACKS

If in the event of a chargeback/dispute via the bank on behalf of the hirer, all amounts due for hire will be payable immediately and a fee of $75.00 per chargeback will be charged to the hirer

16. LATE PAYMENT

Interest is payable on any amounts outstanding at the end of the hire period at the rate of 15% per annum calculated daily.

17. COLLECTION COSTS

The Hirer agrees to pay all reasonable costs of collection or legal proceedings brought to recover any amounts outstanding after the end of the hire period.

18. PURCHASE ORDER

The use of your purchase order number on this contract is for your convenience and identification only. Absence of a purchase order number shall not constitute grounds for non-payment of rental charges when you have had possession, or the right to possession of the hired equipment. Our equipment is charged on a day rate basis.

19. SUBLEASE, LOANS OF EQUIPMENT AND ASSIGNMENTS

The Owner may assign its rights under the contract without the Hirer’s permission but will remain bound by its terms. The Hirer may not sublease or loan the equipment without the Owner’s written permission and any secondary assignment shall be void.

20. EXCLUSION OF WARRANTIES

This contract contains no express or implied warranties other than those which appear in this agreement. No warranty is given that the equipment is suited for its intended use. The Hirer warrants that it has made its own independent inspection and has not relied on any representations by the OwnerThis contract contains no express or implied warranties other than those which appear in this agreement. No warranty is given that the equipment is suited for its intended use. The Hirer warrants that it has made its own independent inspection and has not relied on any representations by the Owner

21. INDEMNITY

The operator/customer agrees to accept full responsibility for all claims in respect of any injury to persons, loss of productivity or loss or damage to property, arising out of the delivery, servicing, storage, possession, use or failure of the equipment during the hire period whether or not due to the negligence of the Owner, its employee or agent or any other person and agrees to indemnify the Owner with respect to these claims. The Hirer will not allow any lien to be created over the equipment nor sell, transfer, mortgage or charge the equipment and will indemnify the Owner against any losses or expenses incurred as a result of its loss of possession of the equipment for any of these reasons.

22. SEVERABILITY

The provisions of this contract shall be severable, so that the invalidity, unenforceability, or waiver of any of the provisions shall not affect the remaining provisions.

23 JURISDICTIONS

The law relating to this agreement shall be the law of the State of Western Australia.

24. DEFINITIONS

In this agreement the following expressions shall have the following meanings:-

24.1 The “Owner” WA Digger Hire

24.2 The “Hirer” is the person, business or corporation hiring equipment from the Owner;

24.3 The “Equipment” and the “Hired Goods” means all equipment, plant, tools, accessories, parts and motor vehicles supplied to the Hirer.