Hire Agreement
Agreement for Hire of Excavators and associated equipment.
Notes:
1. The owner is the proprietor of the Excavator, Trailers, Track Dumper, Truck and associated Attachments (“equipment”) listed in the schedule to this Agreement (“schedule”).
2. The hirer shall be:
2.1 An entity or Individual which has their own public liability insurance cover of $10 million.
Or
2.2 An Individual operating on their own property.
3. The hirer will hire the equipment specified in the schedule from the owner upon the terms and conditions in this Agreement.
Operative Part:
- Hire of plant and equipment
1.1 The hiring of the equipment will commence from the commencement date specified in the schedule and continue for the term specified in the schedule.
1.2 The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.
1.3 The hirer agrees to return the goods to the address of the owner on or before the end of the hire period as outlined in the schedule.
1.4 The owner may, at their discretion, refund any hire charge monies if the hirer elects to return the equipment prior to the end of the hire period.
1.5 The minimum hire period shall be for 1 day.
- Payment for rental
2.1 The hirer agrees to pay the owner the hire fee specified in the schedule for the equipment for the hire period, which includes any applicable GST, if a hire charge is applicable.
2.2 The hire fee must be paid to the owner prior to or on the commencement date of the hire period.
- Use, operation and maintenance
3.1 The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.
3.2 The equipment shall not be used by anyone other than the hirer and their authorised representative(s) without the expressed permission of the owner.
3.3 The hirer agrees to operate, maintain and store the equipment strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment as to the operations, maintenance and storage thereof.
3.4 The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.
3.5 The hirer shall ensure the equipment is returned to the owner clean of soil or any other foreign matter, fuel tanks full and attachments thoroughly cleaned. In the event that these requirements are not complied with the hirer shall pay the owner the reasonable costs of compliance with these requirements.
4. Hirer’s and Owners Warranties
4.1 The hirer warrants that:
4.1.1 the equipment will be used in accordance with the conditions outlined in the schedule and as shown by the Owner;
4.1.2 the particulars in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
4.1.3 any individual collecting or taking delivery of the equipment on behalf of the hirer is authorised by the hirer to do so and the hirer will not allege that any such individual is not authorised to do so;
4.1.4 any individual collecting or taking delivery of the equipment on behalf of the hirer holds a current valid Driving Licence;
4.1.5 all persons operating the equipment are suitably instructed in its safe and proper use and if necessary hold a current Certificate of Competency and/or are fully licensed;
4.1.6 the equipment will not be used for any illegal purpose;
4.1.7 the hirer’s vehicle is suitable for towing the equipment and provides adequate power for the safe towing of the equipment;
4.1.8 any accident, damage or loss is reported and provides full details of the accident, damage or loss to the owner within 2 business days of the occurrence;
4.1.9 the hirer will not, without prior written consent of the owner, modify, or permit any modification of, the equipment in any way; and
4.1.10 the hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose.
4.2 Where Australian Consumer Law applies, the Hirer has the benefit of guarantees in relation to the hire of Equipment which cannot be excluded.
4.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply, the Owner makes no representations and gives no warranties other than those set out in this Hire Agreement, and will not be liable to the Hirer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the equipment by the hirer.
5. Indemnity
5.1 To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period.
6. Loss, damage, theft or breakdown of plant and equipment
6.1 The hirer will be responsible for any loss, damage or theft of/to the equipment irrespective of how the loss, damage or theft occurred (fair wear and tear excepted) during the hire period.
6.2 If there is a breakdown or failure of the equipment then the hirer shall immediately notify the owner and follow all instructions from the owner at the hirer’s expense and the hirer shall not attempt to repair the equipment.
7. Damage to Property
7.1 If the Hirer or the Hirer’s Personnel damage property whilst using the equipment, the Hirer must promptly:
(i) make good the damage; and
(ii) pay any compensation which the Hirer is required to pay under any Legal Requirement.
8. Insurance
8.1 The owner will maintain current insurance policies in respect of the equipment to its full insurable value.
8.2 The hirer (unless for personal use at their own property) must hold Public Liability Insurance and provide evidence of this at the time of hire.
9. Liability
9.1 The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.
10. Disclaimer
10.1 To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.
11. Title to goods
11.1 The hirer acknowledges that the owner retains all title to the equipment and that the hirer has rights to use the equipment as a mere bailee only. The hirer does not have any right to pledge the owner’s credit in connection with the goods and agrees not to do so.
11.2 The hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the equipment and not to conceal or alter the goods or make any addition or alteration to, or repair of, the equipment.
12. Repossession
12.1 The owner may retake possession of the equipment if the hirer breaches any provision of this agreement, notwithstanding anything else herein contained.
12.2 If repossession takes place, the owner shall only charge the hire fee up to and including the time of repossession and any such costs of repossession.
13. Completion of the hire period
13.1 The hire period is completed when the equipment has been returned to the owner:
13.1.1 in the same condition as when it was hired; and
13.1.2 on or by the date and time outlined in the schedule.
14. Severance
14.1 If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
15. Variation to agreement terms
15.1 None of the terms of the agreement shall be varied, waived, discharged or released either at law or in equity, except by the express written agreement of the owner.
16. Governing law
16.1 This Agreement is governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.
17. Interpretation
17.1 In this Agreement, unless the context otherwise requires:
17.1.1 A reference to the singular includes the plural and vice versa;
17.1.2 A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assignees, and where applicable, its servants and agents;
17.1.3 A reference to an individual shall include corporations and vice versa; and
17.1.4 If a word or expression is defined, its other grammatical forms have a corresponding meaning.
17.2 In this Agreement, headings are for convenience only and do not affect interpretation.
