Terms and Conditions

Terms and Conditions of Hire

Definition

Damage Waiver Amount means an additional 12.5% of the Hire Fee total that you elect to pay, being the consideration for our agreement to limit your liability for physical loss or damage to Our Equipment in certain circumstances. It is agreed that this is no insurance.

Equipment means the machinery, plant and equipment listed in the Rental Agreement including parts, tools, or accessories.

Rental Agreement/Hire Agreement means these Conditions of Hire, the Particulars to Rental Agreement relating to the Equipment being hired and includes any Guarantee & Indemnity, Hire Delivery Docket, Annexure, special terms or other documentation attached to the any of the documents just mentioned.

Vehicle means Equipment that is a truck, utility or trailer including accessories but does not include Equipment like an excavator or bobcat.
We/Us/Our means M n E Digger Hire ABN: 33 554 537 411 (M.R Lancaster E.C Wood Partnership), the owner of the Equipment/Vehicle.

You/Your/The Hirer means the person/s, partnership, trustee of a trust, company, or entity (including agents, employees, or contractors) hiring Our Equipment, as listed in the Hire Agreement.

The Hire Period
1. The Hire period shall commence from the time the equipment is collected by the hirer from our premises. Should the equipment be delivered to the hirer by us at the hirer’s request, then the hire period shall commence from the time the equipment leaves our premises. This includes all weekends and public holidays in that period.
2. The hire period shall end once the equipment is returned to our possession and control, and fit for the purpose of hire again.
3. For the benefit of doubt. During the hire period, you are responsible for the security and liability of the equipment. Irrespective of any off-hire periods or stand down periods we may grant.
4. Extensions of any hire period shall only be granted at our discretion, at the request of the hirer and subject to availability.
5. A minimum hire period may apply, if such a minimum period applies, we will notify you.
6. If the equipment is hired on a wet hire basis, the terms for wet hire in clause 10 will apply.
7. If the Hire Period of this agreement exceeds 3 months, then we may review and adjust the rates any time (and on more than one occasion) after the end of the three months. If the rates are adjusted, we will notify you in writing and if you retain the Equipment you have agreed to pay the adjusted rates. If you do not agree to pay the adjusted rates you must immediately cease use of the Equipment and must return the Equipment in accordance with the requirements of this Rental Agreement.
8. Notwithstanding anything to the contrary herein contained, we may terminate the hire agreement by giving you a minimum of 24 hours verbal notice, such as termination to be effective on the expiry of that notice.
Payment for Your Hire
1. You agree to pay Us the hire rates and any Damage Waiver Amount (where applicable) specified in the Hire Agreement for the Equipment for the Hire Period plus any applicable GST, stamp duties, tolls, fines, penalties, levies or freight and other charges relevant to the Rental Agreement and the hire, including other charges set out in clause 3 below. (Collectively the Hire Fees)
2. Unless you are an ABN Holder, Sole Trader, Partnership, Company, Representative of a Company or entity, the Hire Fees must be paid to Us prior to the start of the Hire Period.
3. Payment terms for ABN and ACN holders will be STRICTLY NET 7 days.
Other Charges
1. A cancellation fee equal to 1 days hire, may be charged by Us where the Equipment has been reserved by booking and You cancel the booking without reasonable notice or fail to take delivery of the Equipment.
2. A Fee of 1.9% will be charged for payments made using card via square. Manually entered card payments will incur a fee of 2.5%. these fees are set by square.
3. You are responsible for the payment of parking fines or any traffic violations, including penalties for any vehicles hired to You where the Equipment or any part thereof is a Vehicle and the parking fines, or traffic violations or penalties are incurred on the Vehicle during the Hire Period and even if the fines or penalties are received after the Hire Period.
4. In addition to the Hire Fees and other fees and expenses set out in the Rental Agreement, you are responsible for any physical damage to the Equipment (subject to clause 5.2), reasonable fees associated with any necessary cleaning on return of the Equipment, consumables, fines arising out of use of the Equipment, in addition to operation training requested by You.
5. If you do not pay the hire fees in full by the due date, we may:
charge You, in addition to any other costs recoverable under this agreement, interest calculated monthly on the total outstanding balance. The interest rate used to calculate the interest payable is the 90-day Bank Bill Swap Rate as at the first business day of the month in which payment is due plus 5%; and
charge You 100% of all costs and expenses incurred by Us in recovering any unpaid amounts under this Hire Agreement.
1. If you require us to deliver the Equipment at the start of the Rental Period and/or collect the Equipment at the end of the Rental Period We will charge you an additional mobilisation/demobilisation fee(s) as applicable, and as set out in the Hire Agreement.
2. Failure to return the equipment or vehicle in a clean and refuelled condition will result in additional charges as listed below;
Cleaning Fee $55.00 Per hour spent cleaning equipment, vehicles, tooling as applicable. Minimum charge of 1 hour.
Refuelling Fee $3.50 Per Litre.
1. Any breakdowns occurred due to misuse or negligence will incur an hourly rate of $100.00 per hour, this will include travel time, plus parts or consumables required.
2. We reserve the right to revise schedule of hire rates and additional charges without notice.
Damage Waiver
1. If You elect to pay the Damage Waiver Amount, we shall be responsible for the physical loss or damage and theft of the Equipment during the Hire Period save and except for any excess payable by Us to Our insurer on any claim made for the Equipment by Us pursuant to Our policy of insurance, and/or for any shortfall between the sum insured and the actual full new replacement value of the Equipment. Where any such excess and/or shortfall in the sum insured is payable by Us, we will deliver an account to you for the excess and/or shortfall and You must make payment of that account within 7 days.
2. Clause 4.1 in no way entitles you to, or implies the availability of, compensation from us for any liability incurred by You in relation to the use of the Equipment.
3. Our responsibility under clause 4.1 will not continue if the loss or damage:
has arisen as a result of Your breach of the Hire Agreement;
has been caused by Your negligence;
has been caused by theft, loss, or damage by whatever cause to tools and/or accessories supplied with the Equipment including but not limited to; hoses, drills, bits, grease guns, electric leads, tyres, and tubes;
has been caused by any misuse, abuse, wilful or malicious acts or omissions, or reckless use (including overloading of the equipment or components thereof) of the Equipment by You;
has arisen due to the lack of lubrication or non-adherence to other normal maintenance requirements that could reasonably be expected of You under the Rental Agreement;
has been caused by Your disregard for instructions given to You by Us in respect of the proper use of the Equipment or in contradiction of the Manufacturer’s Instructions (including intended purpose of use) if supplied with the Equipment at the start of the Hire Period;
has arisen due to any unexplained disappearances of the Equipment;
as been caused by theft of the Equipment in circumstances where site security is available including, but not limited to, locked yards, buildings and sheds, and where proper security is not used by You to secure the Equipment whilst it is left unattended;
has arisen out of Your use of the Equipment or Vehicle in, on, under or over water;
has arisen out of Your use of the Equipment or Vehicle in forestry activities;
has arisen out of by Your use of the Equipment or Vehicle in underground activities without express written permission by Us;
has arisen out of Your loading or offloading Equipment from maritime vessels, transportation of Equipment on maritime vessels or the use of the Equipment on any wharf or bridge or over any body of water;
has arisen out of your failure to act where you had knowledge, or ought to have knowledge of an event likely to cause damage to equipment or vehicle;
has arisen out of transport other than by us or our approved contractors
if the Equipment is or includes a Vehicle, has arisen out of;
driving the Vehicle under or into an object lower than the height of the Vehicle;
damage to tyres (including, punctures, cuts, and abrasions), the underbelly of the Vehicle when no other vehicle is involved, windscreens or headlights (including chipping);
damage caused while the Vehicle is being driven or towed upon a road that is unsealed or not a public road;
damage caused by total or partial immersion in water regardless of cause; or
damage to the interior of the vehicle including the need for professional cleaning or deodorising.
1. Our responsibility under clause 4.1 will not apply in the event of an on-hire agreement being entered into between you and a third party without our express written permission.
Your Use, Operation and Maintenance of Our Equipment
1. You agree that the use of the Equipment carries with it dangers and risks of injury and you agree to accept all dangers and risks.
2. The Equipment must not be used by anyone other than You without Our express written permission.
3. You will ensure that all persons operating or erecting the Equipment are instructed in its safe and proper use and where require that the operator shall hold a valid Certificate of Competency and/or be fully licensed to use the Equipment where applicable.
4. You agree, at your own cost, to operate, maintain, store, and transport the Equipment strictly in accordance with any instruction provided by Us and with due care and diligence.
5. You agree that you will ensure that the Equipment will be stored in a safe and secure environment and where available to store the Equipment in locked yards, buildings, or sheds.
6. You agree that the Equipment will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations whether supplied by Us or posted on the Equipment in regard to its operation, maintenance and storage.
7. You agree to perform daily pre operation checks, including but not limited to; greasing, inspecting fluid levels and general condition of equipment and attachments.
8. You agree to comply with all occupational health and safety laws and regulations relating to the use of the Equipment and associated operations.
9. You shall, on completion of the hire period; return the equipment in a clean condition, free of any debris and fully refuelled, including any additional fuel containers supplied with the equipment (jerry cans). Breach of this condition will make the hirer liable to the relative replacement, cleaning, refuelling charges as listed (see Clause 3).
10. You shall ensure that all safety information supplied with the equipment is conveyed to any person operating or working in conjunction with the equipment.
11. You shall not perform any work with the equipment, no cause, permit, allow or employ any person to perform work with the equipment, in an occupation prescribed under the workplace health and safety act, unless you or such person is the holder of a current certificate of competency, permit, or authority to operate the equipment issued for that occupation under such act.
12. For the avoidance of doubt, you remain responsible for daily maintenance and care of the equipment, not withstanding our election to provide preventative maintenance.
13. In the event of a breakdown, you shall; immediately shut down the equipment and contact us. From such notification the hire period shall cease, unless the breakdown is a result of misuse or negligence on the part of the hirer. We will further direct you from such notification.
14. You agree to use the equipment in a skilful and workmanlike manner.
15. Any machine registered with conditional registration must be operated in accordance with the guideline requirements, these can be found at www.tmr.qld.gov.au
16. All equipment, including vehicles, registered other than with conditional registration must be operated in accordance with the mass, dimensions, and road use guideline requirements, these can be found at www.tmr.qld.gov.au
Indemnities and liability
1. To the full extent permitted by law, you release, discharge, and indemnify Us from all claims and demands by third parties upon Us arising out of or consequent on the use or misuse of the Equipment during the Hire Period.
2. You agree to keep us indemnified against any injury or loss suffered by any person operating or in conjunction with the operation of equipment by reason of misuse or otherwise.
3. You shall be responsible and indemnify us against all loss or damage to equipment during the hire howsoever caused, other than directly due to fair wear and tear.
4. You 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 Your possession, use, maintenance, repair, storage, or transport of the Equipment.
5. You shall be liable for any fines and or enforcement actions during the hire period.
6. M n E Digger Hire shall not be responsible or liable to the hirer whether on the ground of breach of contractual duty or on the ground of negligence for any loss or damage to property, person, business, or otherwise directly or indirectly suffered or sustained by the hirer and arising from defects in or malfunction, breakdown, or failure of performance of the equipment or otherwise and the hirer exonerates and releases M n E digger hire from all claims and demands in respect thereof.
Insurance
1. We will maintain current insurance policies in respect of the Equipment to its full insurable value. This insurance does not cover you unless You pay the Damage Waiver Amount and then only to the extent set out in the Rental Agreement.
2. We shall provide, when reasonably requested by You, evidence of the insurance applying to You which We maintain under the Rental Agreement.
3. You acknowledge that You:
Have satisfied yourself as to the nature and extent of Our insurance (including any exclusions, conditions and excesses noted on the policies);
may, if You require it, take out insurance to insure for any risks not insured by Our insurance or to cover any exclusions, conditions, or excesses in Our insurance; and
Will have no claim against Us arising out of or in connection with the failure by Us to effect or maintain the relevant insurance policies in accordance with the terms of the Rental Agreement.
The Damage Waiver Amount is not insurance, but rather an amount payable to limit Your liability to Us for physical loss and damage to the Equipment during the Hire Period in certain circumstances.
Privacy
1. We advise that any personal information is generally collected for the purpose of; maintaining customer records, delivery and supply of goods and services, account keeping, invoicing, debt collection, locating and/or retrieving equipment or any other property belonging to us.
2. We may obtain from and provide to third parties, information about your creditworthiness and payment record.
3. Your personal information may be disclosed if required by law.
4. We reserve the right to track and monitor the location of equipment, using onboard tracking systems.
Delivery
1. Unless otherwise agreed where the hirer requests delivery of equipment, M n E Digger Hire undertakes to deliver equipment to the kerbside alignment adjacent to the address specified by the hirer. The delivery vehicle will only enter that address or job area or private property at the absolute discretion of the driver and at the hirers risk and responsibility without M n E Digger Hire being liable in any way for any loss or damage caused as a result of such entry however caused whether by negligence or otherwise.
Wet Hire
1. If we agree to supply an Operator with Equipment it is a Wet Hire Agreement.
2. If it is a Wet Hire Agreement the terms of this clause apply. If there is any inconsistency between this clause and any preceding clause, this clause takes precedence.
3. We agree to supply the Equipment and a suitably qualified or licensed Operator to operate the Equipment. You must not allow the Equipment to be operated by anyone other than the Operator supplied by Us.
4. We will quote you an hourly rate for the hire of the Equipment and Operator. The Minimum Hire Period for the Equipment and Operator is 3 hours.
5. An upfront charge (deposit) of our minimum hourly period is payable prior to commencement of work.
6. You agree to pay any increased costs of labour associated with or connected to Our Operator operating the Equipment for You.
7. The Operator will keep and maintain records of the hours of operation of the Equipment which you agree shall be final and conclusive evidence in the event of any dispute as to the hours of operation of the Equipment.
8. We will invoice You in accordance with this hire Agreement and the records kept by the Operator which will also include:
an allowance of 20 minutes at the commencement of each day of operation of the Equipment for pre-start maintenance and Equipment check; and
Transportation time calculated for each item of Equipment from the closer of where the Equipment is located or our premises to you, multiplied by 2; and
Any and all time spent cleaning the equipment as to ensure suitability and readiness to return equipment to service for hire.
1. You must ensure that adequate provision is made on, or in the immediate vicinity of, the site where the Equipment is to be operated for the loading and unloading of the Equipment. You must provide sufficient direction to Our Operator as to where the Equipment is to be loaded and unloaded.
2. You indemnify Us for any:
Loss or damage occasioned to the Equipment during the process of loading or unloading of the Equipment;
Damage to services (both above ground and below ground) and or property damage, except where that damage occurs as a direct result of our own negligence;
claim by a third party for property damage or personal injury relating directly or indirectly to the loading, unloading or operation of the Equipment;
Any breach of any conditions of any statutory licences or approvals associated with the site where the Equipment operates; and
any personal injury to our Operator, except where that injury occurs as a direct result of Our own negligence.
1. You must notify us in writing by 5:00am AEST on the relevant day if the Equipment cannot be operated due to inclement weather. The following applies to inclement weather:
If you fail to notify us in accordance with this clause, we will still charge You for the Minimum Hire Period for that day.
If you do notify us in accordance with this clause, we will charge You Standby Rates for the time the Equipment cannot be operated due to inclement weather. For the benefit of doubt, standby rate will be charged at our quoted hourly rate for a period of 8 hours per day,
1. The Operator will notify You if the Equipment is not operative due to breakdown or repairs (excluding pre-start maintenance and Equipment check), and the estimated period of time the Equipment is likely to be inoperative.
2. The Operator will operate the Equipment in accordance with any reasonable and lawful direction given by you. We will not be liable for any loss suffered by you as a result of the Operator refusing to follow a direction given by you which, in the sole discretion of the Operator, was unreasonable or unlawful.
3. You are responsible for the determination of the location of all services (both above and below ground) located on the land on which the Equipment is to be operated. Such services may include, but are not limited to communications, electricity, gas, sewerage, or water services. You must notify the Operator of the location and nature of all such services.
4. You discharge and release us and agree not to make any demand or claim against us for any loss or damage (including consequential loss or damage) arising from any delay should the Equipment be inoperative or unavailable for any reason.
Remember We Own the Equipment
1. You acknowledge that we retain title to the Equipment and that you have rights to use the Equipment as a mere bailee only. You agree that You have no rights to pledge Our credit in connection with the Equipment.
2. You agree not to conceal, alter, or make any addition to the Equipment/vehicle or any of its safety features.
3. M n E Digger Hire shall be permitted to affix any sign, advertising, or identification marks to the equipment as we shall determine.