Hire Agreement

1. HIRE AGREEMENT

“Between You and DIY EQUIPMENT HIRE, DIY EQUIPMENT HIRE MILDURA Us or We”

1.1 each Hire Schedule provided to You by DIY EQUIPMENT HIRE MILDURA, whether signed or not; and

(a) any Special Conditions specific to the type of Equipment You have hired,

set out the terms of the hire agreement (the “Hire Agreement”) between You and DIY EQUIPMENT HIRE MILDURA. The provision or acceptance of a Hire Schedule shall not form a separate agreement between You and DIY EQUIPMENT HIRE MILDURA but shall constitute part of this Hire Agreement. Any terms contained in any document supplied by You, including any terms in Your purchase order, will not form part of the Hire Agreement.

2. OUR HIRE COMMITMENT TO YOU

We agree to hire the Equipment to You and will:

(a) provide the Equipment to You in good working order; and
(b) allow You to exclusively use the Equipment during the Hire Period.

3. THE HIRE PERIOD

3.1 The Hire Period commences on the earlier of the following:

(a) when You take possession of the Equipment; or

(b) if You request delivery and collection of the Equipment, the time We deliver the Equipment to the address in the Hire Schedule/Checkout form.

3.2 The Hire Period is for an indefinite term and ends when the Equipment is back in Our control or possession.

3.3 The Hire Period includes weekends and public holidays.

3.4 A minimum Hire Period may apply in respect of certain items of Equipment. We will advise you at the time of hiring if a Minimum Hire Period applies. If You return the Equipment to Us before the expiration of the Minimum Hire Period, You are required to pay all Hire Charges in respect of the Minimum Hire Period or the full booking period.

4. HOW WE CALCULATE YOUR HIRE CHARGES

4.1 You will pay DIY EQUIPMENT HIRE MILDURA for the hire of the Equipment at the Hire Charge set out in the Hire Schedule/ online Checkout.

4.2 The Hire Schedule will specify the type of rate which will apply to You and the method of calculation.

4.3 Additional Hire Charges as set out in the Hire Schedule will apply if the Equipment is used for more than 24 hours.

4.4 You will be charged for the hire of Equipment for the full Hire Period. The Hirer will be required to provide payment for the Hire Period at the commencement of the Hire via booking site.

4.5 Hire Charges will commence from the start of the Hire Period and continue until the end date or until You notify Us that the Equipment will be available for collection.

5. OTHER CHARGES In addition to the Hire Charges, You agree to pay:

(a) for any consumables, fuel, or trade materials DIY EQUIPMENT HIRE MILDURA supply to You;

(b) DIY EQUIPMENT HIRE MILDURA will deliver, collect the Equipment, the cost of delivery, collection, as detailed in the Hire Schedule free within 20km radius of Mildura, determined from point intersection roads being Deakin Avenue and 9th street Mildura. . Such charge outside of prescribe radius fee will be charged at checkout in addition to the delivery and collection fee if the nominated time for delivery or collection of the Equipment is delayed by You.

(c) if You do not return the Equipment in clean and good working condition, charges for the cleaning and repair of the Equipment will apply.

(d) a charge for pumping out waste tanks or refilling water or fuel tanks;

(e) any wearing charges for Diamond Grinding Pads, Diamond Blades, Floor grinding Discs, Floor Polishing Discs and such will be charged accordingly (mm) based on the usage. DIY EQUIPMENT HIRE MILDURA may include part of these charges in the Hire Fee.

(f) any stamp duty or GST arising out of this Hire Agreement;

(g) any other applicable levies, fines, penalties and any other government charges arising out of Your use of the Equipment;

(h) charges for payment made by credit card;

(i) an environmental charge in relation to any item of Equipment, as detailed in the Hire Schedule;

(j) if You request operational guidance or training on the use of the Equipment and Our staff are available to provide this, the cost for the provision of these services at rates agreed with DIY EQUIPMENT HIRE MILDURA;

(k) charges in connection with the administration of Your Credit Account, as detailed in the Hire Schedule, which may include printing and postage costs;

(l) any reasonable charges incurred by DIY EQUIPMENT HIRE MILDURA if we are unable to inspect or carry out maintenance on the Equipment during normal working hours;
6. PAYMENT

6.1 You must pay all Hire Charges and other fees, charges, and costs that become due and payable under this Hire Agreement within the terms agreed on the date of invoice.

6.2 The Hire Charges are payable before taking delivery of the equipment unless there is a credit facility in place. Any additional charges (if any), such as wearing, fuel, cleaning, repair or such will be calculated and charged on return.

FUEL COSTS
6.3 All equipment shall be hired out with a fill tank of fuel.
6.4 Unless otherwise specified on the individual hire agreement, where equipment is returned not refuelled, the Hirer agrees they will be liable for fuel charges as per the hire contract as “Current Fuel Charges”. Unless special offer or promotion documented excludes are fuel requirement.

6.5 DIY EQUIPMENT HIRE MILDURA may request payment before delivering the equipment to site including any collection cost. Any additional charges (if any) will be calculated on return and will be payable immediately. DIY EQUIPMENT HIRE MILDURA may debit any return charge on the payment method provided for the order which will be stored and encrypted using third party services until the order balance is fully paid.

6.6 If You do not pay the invoice in full by the payment due date, DIY EQUIPMENT HIRE MILDURA may charge, in addition to any other costs recoverable under this Hire Agreement:

(a) interest , calculated monthly, on the total outstanding balance. The interest rate used to calculate the interest payable for the month is 5%; and

(b) any costs and expenses (including any commission payable to any commercial or mercantile agents and legal costs) incurred by Us in recovering any unpaid amounts under this agreement; and

(c) a monthly admin fee or late payment fee equal to 1% of the outstanding amount.

7. YOUR OBLIGATIONS TO DIY EQUIPMENT HIRE MILDURA

7.1 This Hire Agreement is personal to You and You must not allow not authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by DIY EQUIPMENT HIRE MILDURA in writing.

7.2 You agree that before taking delivery of the Equipment, You have satisfied Yourself as to the suitability and condition of the Equipment and You will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer. We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.

7.3 You must:

(a) operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;

(b) ensure persons operating or erecting the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment and where necessary, hold a current licence to perform high risk work;

(c) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by DIY EQUIPMENT HIRE MILDURA or the manufacturer.

(d) ensure that no persons operating the Equipment are under the influence of drugs or alcohol;

(e) conduct a job safety analysis prior to using the Equipment;

(f) ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and

(g) display all safety signs and instructions (as required by law) and ensure that all instructions and signs are observed by operators of the Equipment.

7.4 You must:

(a) clean and keep the Equipment in good condition and in accordance with the manufacturers and our instructions at Your own cost;

(b) not in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent.

(c) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment.

(d) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; and

(e) arrange for the emptying of any waste tanks and water carts.

7.5 At all times during the Hire Period, You must store the Equipment safely and securely.

7.6 You will allow DIY EQUIPMENT HIRE MILDURA to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may apply. You can also request to conduct a joint inspection of the Equipment with DIY EQUIPMENT HIRE MILDURA at the end of the Hire Period.

7.7 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.

7.8 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.

7.9 You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is present.

7.10 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.

7.11 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). Subject to clause 8.9, You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.

7.12 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You, but during the Hire Period, You are responsible for arranging the re-testing and re-tagging of any electrical Equipment in accordance with the manufacturer’s instructions and the applicable Australian Standard(s) and Regulatory Authority requirements at Your cost. We are able to arrange for such re-testing and re-tagging of the electrical Equipment at Your cost. Except where We arrange for re-testing and re-tagging of the electrical Equipment, You will be liable for any damage caused to the Equipment resulting from incorrect testing.

8. OWNERSHIP OF THE EQUIPMENT

8.1 Except as detailed in clause 9.4, You acknowledge that We own the Equipment and, in all circumstances, We retain title to the Equipment. Your rights to use the Equipment are as a bailee only.

8.2 You are not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Equipment in any way purporting to be the owner.

8.3 In no circumstances will the Equipment be deemed to be a fixture.

8.4 By hiring any Equipment from us you expressly agree to DIY EQUIPMENT HIRE MILDURA maybe using a GPS Device on such Equipment during the rental period, and to us collecting, using and retaining information from the GPS Device, and that DIY EQUIPMENT HIRE MILDURA is the owner of that data.

8.5 You acknowledge that We may hire or lease Equipment from a third party if we cannot provide the Equipment to You (“Third Party Owner”), and if this occurs, title in the Equipment remains with the Third-Party Owner.

9. Personal Property Securities Act 2009 (hereinafter referred to as PPSA)

9.1 You:

(a) acknowledge that We may register any actual or impending PMSI under the PPSA in respect of all Equipment; and

(b) consent to Us registering our PMSI under the PPSA and will do all things reasonably necessary to assist Us to register Our security interest.

9.2 We are responsible for:

(a) the preparation and registration of the financing statement or financing change statement; and

(b) payment of any fees associated with the registration,

and You waive the right to receive from Us verification of the registration pursuant to section 157(3)(b) of the PPSA.

9.3 If You sub-hire the Equipment to Your agent, contractor subcontractor or any third party (“Sub-hire”) and the Sub-hire is a security interest under the PPSA, You agree that You will protect Our interests in the Equipment by:

(a) registering a security interest itself; or

(b) assigning, by this clause, to Us all rights as bailor, to enforce against an agent, contractor or subcontractor.

9.4 You have an obligation to give Us notice if another party with a security interest in the Equipment seizes or otherwise deals with Our PMSI in the Equipment.

9.5 If You grant any security interest in the Equipment to another party, that other party must acknowledge the priority of Our PMSI.

9.6 The parties agree that neither party is required to give notice to the other under the PPSA unless the obligation to give the notice cannot be excluded.

10. RESPONSIBILITY FOR THE EQUIPMENT

10.1You are responsible for any loss, theft or damage to the Equipment from any and every event whatsoever and howsoever and by whosoever caused during the Hire Period except where any such loss, theft or damage was caused by Our actions.

11. RETURN OF EQUIPMENT

11.1 You must return the Equipment to Us in the same clean condition and good working order it was in when You received it, ordinary fair wear and tear excluded. If You do not properly clean the Equipment or in Our view (acting reasonably) the Equipment is not decontaminated, We will charge You a cleaning cost in accordance with clause 6(c) and You will be liable to continue to pay the Hire Charges for that portion of the Hire Period during which the Equipment is being cleaned by Us (and notwithstanding that You may have provided a clearance report that the Equipment is not contaminated).

11.2 If we have agreed to collect the Equipment from You. You must ensure it is kept safe and secure until the time of collection

12. WHAT TO DO IF EQUIPMENT IS LOST, STOLEN OR DAMAGED

12.1 You are responsible for any loss, theft or damage to the Equipment from any and every event whatsoever and howsoever and by whosoever caused during the Hire Period;

(a) any loss of, or damage to, the Equipment beyond ordinary fair wear and tear. Fair wear and tear refers to the reasonable and acceptable amount of deterioration or damage that can be expected to occur to equipment during normal and proper use. during the Hire Period;
(b) any loss of, or damage to, property of any third party caused by or in relation to the operation of the Equipment.

(c) any costs of replacing Equipment which is lost or stolen whilst in the possession of the You;

(d) any costs incurred in relation to the repair of Equipment which is damaged whilst in the possession of You including the standard single Hire Payment for each day or part-day for which the Equipment is being repaired or replaced and otherwise unable for use.

(e) If the Equipment is damaged, during the Hire Period, You must cease using the Equipment and report the damage to DIY EQUIPMENT HIRE MILDURA.

(f) if Equipment is due to theft contact the he Police and DIY EQUIPMENT HIRE MILDURA, as soon as possible and in any case within 24 hours of becoming aware of the damage, loss or theft.

12.2 If the Equipment has broken down or become unsafe to use as a result of Your acts or omissions, (or the acts or omissions of Your employees or contractors) or if the Equipment is lost, stolen or damaged beyond fair wear and tear during the Hire Period, You will be liable for:

(a) any costs incurred by DIY EQUIPMENT HIRE MILDURA to recover and repair or replace the Equipment; and

(b) the Hire Charges for that portion of the Hire Period during which the Equipment is being recovered and repaired or replaced, in which case Your liability is subject to clause 13.

13. THE CUSTOMER’S LIABILITY IN THE FOLLOWING CIRCUMSTANCES.

13.1(a) where the Equipment is lost or stolen;
(b) where the operator is not suitably licensed;
(c) where the operator is affected by drugs and/or alcohol;
(d) where the equipment has been wilfully damaged at any time during the Hire Period;
(e) Where the damage is caused by rolling or detachment while the Equipment is being driven or towed;
(f) where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road;
(g) where the damage is caused in any way by overloading; (h) where the damage is caused by flash flooding or general water damage;
(i) where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance; or
(j) where the You have failed to keep the Equipment in a securely locked enclosed area; or

(k) where the You has failed to submit to DIY EQUIPMENT HIRE MILDURA a Police Report on the theft within seven days of the theft allegedly occurring hire fees will be charged to the You until the Police Report is provided to DIY EQUIPMENT HIRE MILDURA.

13.2 If any damage is caused by the You to any property or goods whatsoever owned by a third party as a result of or during the use of a DIY EQUIPMENT HIRE MILDURA Equipment, and if the You has breached any provision of this contract You will be liable for the full cost of that third party property damage to the extent caused by You. You will be liable for the full cost of the third-party property damage to the extent caused by You.

14. BREACH OF HIRE CONTRACT BY CUSTOMER (You)

If the You breaches any significant provision of this contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:

14.1 DIY EQUIPMENT HIRE MILDURA shall be entitled to:
(a) terminate this contract; and/or
(b) sue for recovery of all monies owing by You; and/or
(c) repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so

14.2 You indemnifies DIY EQUIPMENT HIRE MILDURA in respect of any damages, costs or loss, to the extent caused or contributed to by the You as a result of a breach by You of any provision of this contract.

15. PRIVACY

DIY EQUIPMENT HIRE MILDURA will comply with the Australian Privacy Principles in all
dealings with You. A copy of the DIY EQUIPMENT HIRE MILDURA Privacy Statement is available upon request or by visiting

www.diyequipmenthire com.au/terms/privacy-statement

16.GOVERNING LAW

16.1 Our relationship is governed by and must be construed according to the law applying in the State of Victoria.

16.2 The parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria with respect to any proceedings that may be brought at any time relating to our relationship.

17.Safety Equipment Hire

17.1At DIY EQUIPMENT HIRE MILDURA we take safety very seriously; we want to ensure you enjoy a trouble-free rental experience and comprehensively test all of our hire equipment to manufacturers’ specifications prior to being re hired.

18. Operating Instructions

18.1 It’s important to remember that equipment is only safe when it is used for the purpose for which it was intended and in the correct manner. DIY EQUIPMENT HIRE MILDURA provides starting and operating instructions to enable you to safely and efficiently complete your project.

18.2 You understand that there are certain dangers, hazards, and risks inherent in using our equipment and tools, which can cause personal injury and property damage. You further understand that DIY EQUIPMENT HIRE MILDURA cannot and does not assume responsibility for any such personal injury, or property damage. The equipment and tools hired are only safe when they are used for the purpose for which they were intended and in the correct manner.

DIY EQUIPMENT HIRE MILDURA

General Equipment Safety Information & Customer Acknowledgement

Purpose

This document provides general safety information for all equipment hired from DIY Equipment Hire Mildura. It is the responsibility of the hirer and all operators to read, understand and comply with these safety requirements before operating any equipment.

1. OPERATOR RESPONSIBILITIES

The hirer must:

• Be at least 18 years of age.
• Ensure all operators are competent and capable of operating the equipment safely.
• Follow all instructions provided by DIY Equipment Hire Mildura.
• Use equipment only for its intended purpose.
• Stop operation immediately if equipment appears unsafe or develops a fault.
• Report any damage, malfunction or incident immediately.

The hirer accepts responsibility for the equipment from the time of delivery or collection until it is returned and inspected.

2. PERSONAL PROTECTIVE EQUIPMENT (PPE)

Appropriate PPE must be worn at all times when operating equipment.

Recommended PPE includes:

• Safety footwear
• Safety glasses
• Hearing protection
• Gloves
• High-visibility clothing
• Dust mask or respiratory protection where required

Loose clothing, jewellery and unsecured long hair must be kept clear of moving parts.

3. PRE-START SAFETY CHECKS

Before operating any equipment:

• Inspect equipment for visible damage.
• Check guards and safety devices are fitted and functional.
• Ensure controls operate correctly.
• Check fuel, oil and hydraulic levels where applicable.
• Confirm work area is free from hazards.
• Ensure bystanders are kept clear.

Do not operate equipment if defects are identified.

4. SAFE OPERATING PRACTICES

Operators must:

• Read and understand operating instructions.
• Maintain awareness of surrounding hazards.
• Keep hands, feet and clothing clear of moving parts.
• Operate equipment at safe speeds.
• Maintain stable footing and balance.
• Avoid operating equipment while fatigued or impaired.
• Never modify safety devices or guards.
• Never carry passengers unless equipment is specifically designed for that purpose.

5. WORK AREA SAFETY

Before commencing work:

• Identify underground services including electricity, gas, water and telecommunications.
• Assess terrain for instability, slopes or obstacles.
• Establish exclusion zones around operating equipment.
• Ensure adequate lighting if working in low-light conditions.
• Keep children, pets and unauthorised persons away from the work area.

6. FUEL AND REFUELLING SAFETY

When refuelling:

• Stop the engine.
• Allow hot components to cool.
• Refuel in a well-ventilated area.
• Keep ignition sources away from fuel.
• Clean up fuel spills immediately.

Do not smoke while refuelling.

7. TRANSPORT AND LOADING SAFETY

When loading or unloading equipment:

• Use approved loading ramps where required.
• Ensure trailers and towing vehicles are appropriately rated.
• Secure all equipment before transport.
• Check tie-downs regularly during transport.

8. EMERGENCY PROCEDURES

In the event of:

Equipment Failure

Stop work immediately.

Shut down the equipment.

Contact DIY Equipment Hire Mildura.

Injury

Stop operations.

Provide first aid if safe to do so.

Contact emergency services if required.

Property Damage

Secure the area.

Notify DIY Equipment Hire Mildura immediately.

9. PROHIBITED USE

Equipment must not be operated:

• Under the influence of alcohol or drugs.
• In a reckless or unsafe manner.
• By unauthorised persons.
• Beyond manufacturer operating limits.
• For illegal purposes.
• In conditions that create unreasonable risk.

10. CUSTOMER ACKNOWLEDGEMENT

I acknowledge that:

• I have received and read this General Equipment Safety Information.
• I understand the risks associated with operating hired equipment.
• I agree to follow all safety requirements and operating instructions.
• I accept responsibility for ensuring all operators use the equipment safely.
• I understand that failure to comply with safety requirements may result in injury, property damage and liability.

ASSUMPTION OF RISKS:

Notwithstanding the dangers, hazards, and risks involved, and in consideration of you hiring our equipment and tools, you agree to assume all the risks surrounding the use of the above mentioned; and you release DIY EQUIPMENT HIRE MILDURA and its employees from any and all liability for any personal injury, damage you can incur at any time while using the equipment and/or tools hired from DIY EQUIPMENT HIRE MILDURA.

DISCLAIMER OF DIY EQUIPMENT HIRE MILDURA RESPONSIBILITY:

I understand and agree that DIY EQUIPMENT HIRE MILDURA is not responsible or liable for any injury, damage, or accident which may be caused while operating the tools, or the negligence or other wrongful act of any party engaged to use the equipment and/or tools hired from DIY EQUIPMENT HIRE MILDURA.