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Terms & Conditions of hire:
Definitions
In this Agreement, unless the context otherwise requires:
- Damage Waiver means the component of the Hire Fees that limits Your liability for physical loss or damage to the Equipment in certain circumstances. The Damage Waiver forms part of the Hire Fees for all hires and is not insurance.
- Equipment means the machinery, plant, tools, attachments, parts, accessories, and other items listed in the Hire Agreement.
- Hire Agreement / Rental Agreement means these Terms and Conditions, the Particulars of Hire, any Guarantee and Indemnity, Hire Delivery Docket, Annexure, special conditions, or any other document attached or incorporated by reference.
- Vehicle means Equipment that is a truck, utility, or trailer (including accessories), but excludes machinery such as excavators or skid steers.
- We / Us / Our means M.R Lancaster & E.C Wood Partnership T/A MnE Digger Hire (MnE Hire) (ABN 33 554 537 411), the owners of the Equipment/Vehicle/Trailer.
- You / Your / They / Hirer means the person, company, partnership, trustee, or entity hiring the Equipment, including employees, agents, and contractors.
1. The Hire Period
1.1 The Hire Period commences when the Equipment is collected from Our premises; or if delivered by Us at Your request, when the Equipment leaves Our premises.
1.2 The Hire Period includes all weekends, public holidays, and any stand‑down periods unless expressly agreed otherwise.
1.3 The Hire Period ends only when the Equipment is returned to Our possession or control, and in a condition fit for hire.
1.4 You are responsible for the security, safekeeping, and liability of the Equipment for the entire Hire Period, regardless of any off‑hire or stand‑down periods granted.
1.5 Extensions of the Hire Period are subject to Our discretion and Equipment availability.
1.6 Minimum hire periods may apply. We will notify You where applicable.
1.7 Wet Hire arrangements are governed by Clause 10.
1.8 If the Hire Period exceeds three (3) months, we may review and adjust hire rates at any time thereafter. Continued use of the Equipment constitutes acceptance of the adjusted rates.
1.9 Notwithstanding anything to the contrary herein contained, we may terminate the Hire Agreement at any time by giving not less than 24 hours verbal notice.
2. Hire Fees and Payment
2.1 You agree to pay Us the Hire Fees specified in the Hire Agreement, which include the Damage Waiver, together with any applicable GST, stamp duties, tolls, fines, penalties, levies, freight, mobilisation/demobilisation charges, and all other charges payable under this Agreement.
2.2 All Hire Fees must be paid prior to commencement of the Hire Period.
2.3 We may, at Our discretion, grant seven (7) day payment terms to ABN/ACN holders.
3. Other Charges
3.1 A cancellation fee equal to one (1) day’s hire may be charged where You cancel a booking without reasonable notice or fail to take delivery.
3.2 Card surcharge fees will not apply from 1 October 2026 in accordance with national law.
3.3 You are responsible for all parking fines, traffic infringements, penalties, and associated charges incurred during the Hire Period, even if received after the Hire Period.
3.4 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
3.5 In addition to the hire fees, you are responsible for:
A: physical damage to the Equipment (subject to Clause 5).
B: Any necessary cleaning fees.
C: operator training requested by You.
3.6 If You fail to pay any amount by the due date, We may:
A: charge you interest monthly at the ninety (90) day Bank Bill Swap Rate as at the first day of the month in which payment was due plus 5%; and
B: charge you 100% of all costs incurred by us in recovering unpaid amounts.
3.7 Any breakdowns arising from misuse, improper operation, or negligence will be charged to the Hirer in full.
4. Return Conditions and Charges
4.1 The Hirer must return all equipment or vehicles in a clean condition, without damage and with fuel levels restored to those recorded at the commencement of the hire.
4.2 Where the Hirer fails to comply with clause 4.1, We may apply additional fees, including but not limited to:
A: Cleaning Fee: $60 Per Hour, 1 Hour minimum charge. — charged where the equipment or vehicle is returned in an unclean or unacceptable condition.
B: Refuelling Fee: $4.00 per litre — charged where fuel levels have not been restored to the required level.
4.3 We may revise hire rates and charges at any time without notice.
5. Damage Waiver
5.1 The Damage Waiver is included in the Hire Fees and applies to all hires. Subject to the exclusions in this clause, we will be responsible for physical loss, damage, or theft of the Equipment during the Hire Period, except for any insurance excess or shortfall between the insured value and the full replacement value or cost of repair. You must pay any excess or shortfall within 7 days of invoice.
5.2 The Damage Waiver does not entitle You to compensation for any liability, cost, or loss arising from Your use or operation of the Equipment.
5.3 The Damage Waiver does not apply where loss or damage arises from:
A: Your breach of the Hire Agreement.
B: Your negligence.
C: theft or loss of tools/accessories.
D: misuse, abuse, overloading, or reckless operation.
E: failure to lubricate or maintain the Equipment.
F: disregard of instructions or manufacturer guidelines.
G: unexplained disappearance.
H: inadequate site security.
I: use in/on/over water, forestry, underground works, maritime loading/unloading, wharves, or bridges.
J: failure to act upon known risks.
K: unauthorised transport.
L: Vehicle‑specific exclusions including tyre damage, underbody damage, windscreen/headlight damage, immersion in water, interior damage, or operation on unsealed roads.
5.4 Our responsibility under clause 5.1 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.
6. Use, Operation and Maintenance
6.1 You acknowledge the risks associated with operating the Equipment and accept all such risks.
6.2 Only You may operate the Equipment unless We give written permission otherwise.
6.3 You must ensure all operators are competent, licensed, and properly instructed.
6.4 You must operate, maintain, store, and transport the Equipment with due care and in accordance with Our instructions and manufacturer guidelines.
6.5 You must store the Equipment securely, including locked yards or buildings where available.
6.6 You must perform daily pre‑operation checks including greasing, checking fluid levels, and general condition.
6.7 You must comply with all workplace health and safety laws.
6.8 On return, the Equipment must be clean, debris‑free, and fully refuelled (including jerry cans). Failure to do so will incur charges as stipulated in clause 4.2.
6.9 You must convey all safety information to operators.
6.10 You must not use the Equipment in any occupation requiring certification unless the operator holds the required licence or permit.
6.11 You remain responsible for daily maintenance even if We perform preventative maintenance.
6.12 In the event of breakdown, you must immediately shut down the Equipment and contact Us. Hire charges cease unless breakdown is due to Your misuse or negligence.
6.13 Conditional registration Equipment must be operated in accordance with guidelines. These can be found at www.tmr.qld.gov.au
6.14 All other registered Equipment must comply with mass, dimension, and road‑use guidelines. These can be found at www.tmr.qld.gov.au
7. Indemnity and Liability
7.1 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.
7.2 You indemnify Us for injury or loss suffered by any person arising from Your operation of the Equipment.
7.3 You are responsible for all loss or damage to the Equipment except fair wear and tear.
7.4 You assume all risks and liabilities associated with possession, use, maintenance, repair, storage, and transport of the Equipment.
7.5 You are liable for all fines and enforcement actions during the Hire Period.
7.6 We 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 Us from all claims and demands in respect thereof.
8. Insurance
8.1 We will maintain current insurance policies for the vehicles and equipment to its full insurable value. This insurance does not cover You except as limited by the Damage Waiver.
8.2 We will provide evidence of insurance upon reasonable request.
8.3 You acknowledge that You:
8.4 have satisfied Yourself as to the nature and extent of Our insurance (including any exclusions, conditions and excesses noted on the policies).
8.5 may, if you require it, obtain Your own insurance for risks not covered by our insurance; and
8.6 have no claim against Us for failure to maintain insurance.
8.7 The Damage Waiver is not insurance.
9. Privacy
9.1 We advise that any personal information is 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.
9.2 We may exchange creditworthiness information with third parties.
9.3 Your personal information may be disclosed where required by law.
9.4 We reserve the right to track and monitor Equipment and vehicles using onboard tracking systems.
10. Delivery
10.1 Unless otherwise agreed where delivery is requested, we will deliver to the kerbside adjacent to the specified address.
10.2 Entry onto private property and job sites, is at the delivery driver’s discretion and entirely at Your risk. We accept no liability for any resulting loss or damage caused as a result of such entry however caused by negligence or otherwise.
11. Wet Hire
11.1 If We supply an Operator with the Equipment, this is a Wet Hire Agreement and this clause applies. This clause prevails over any inconsistent clause.
11.2 We will supply a suitably qualified or licensed Operator. You must not permit anyone else to operate the Equipment.
11.3 We will quote you an hourly rate for the hire of the equipment and operator. Minimum Hire Period is 4 hours.
11.4 A deposit equal to the minimum period is payable before commencement.
11.5 You agree to pay any increased labour costs associated with the Operator.
11.6 The operator will keep and maintain records of the hours of operation, in which you shall agree that the Operator’s records of operating hours are final and conclusive.
11.7 We will invoice you in accordance with this hire agreement and the records kept by the operator which will also include:
A: An allowance of 20 minutes per day for pre‑start checks; and
B: transportation time, calculated from the closer of where the equipment is located or our premises to you multiplied by two (2); and
C: cleaning/refuelling time as to ensure its suitability and readiness to return the equipment to service for hire.
11.8 You must ensure that adequate provision is made on, or in the immediate vicinity of, the site where the Equipment is to be operated, including 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.
11.9 You indemnify Us for any:
A: loss or damage during loading/unloading.
B: damage to services or property (except where caused by Our negligence).
C: claim by a third party for property damage or personal injury relating directly or indirectly to the loading, unloading, or operation of the Equipment.
D: breaches of statutory licences, or approvals associated with the site where the equipment is being operated.
E: injury to the Operator (except where caused by Our negligence).
11.10 You must notify Us by 5:00am AEST if Equipment cannot operate due to weather. The following applies to inclement weather:
A: If you fail to notify us in accordance with this clause, we will still charge You for the Minimum Hire Period for that day.
B: If you do notify us in accordance with this clause we may, at our discretion, 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.
11.11 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 the Equipment is likely to be inoperative.
11.12 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.
11.13 You are responsible for locating all services (above and below ground).
11.14 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.
12. Ownership of Equipment
12.1 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.
12.2 You must not conceal, alter, modify, or interfere with the Equipment/vehicle or its safety features.
12.3 We may affix signage, advertisement, or identification to the Equipment as we shall determine.
12.4 Failure to return the Equipment or Vehicle by the agreed completion date of this contract may result in the items being deemed stolen, and the matter may be referred to law enforcement or other relevant authorities.
13. Acknowledgement
13.1 The undersigned, being the Hirer or the duly authorised representative of the Hirer, acknowledges that the Equipment or Vehicle has been inspected and received in good working order and condition. The Hirer agrees that the hire and use of the Equipment are governed exclusively by these Terms and Conditions, and by signing below confirms that these Terms and Conditions have been read, understood, and accepted in full prior to execution of this Agreement.