Terms and Conditions

Agreement for Hire

This Agreement is made between JRL Equip Pty Ltd trading as Equip Hire & Contracting ("Owner") and the customer ("Hirer").

The Owner is the proprietor of excavators, buckets, rippers, trailers, augers, sleeper grabs, and associated equipment. The Hirer agrees to hire the equipment specified from the Owner upon the terms and conditions in this Agreement.

By hiring equipment from us, you agree to be bound by these Terms. Please read these Terms carefully before making a booking.

1. Definitions

• "Equipment" means any excavator, tipper trailer, attachment, or other machinery hired from us as listed in the hire schedule
• "Hire Period" means the period from commencement date to the return date as specified in the schedule
• "Owner" means JRL Equip Pty Ltd trading as Equip Hire & Contracting
• "Hirer" means the customer hiring the equipment
• "Dry Hire" means hire of Equipment without an operator
• "Wet Hire" means hire of Equipment with an operator provided by us
• "Site" means the location where the Equipment is to be used

2. Hire of Equipment

2.1. The hiring of the equipment will commence from the commencement date specified in the schedule and continue for the term specified.

2.2. The Hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.

2.3. The Hirer agrees to return the equipment to the address of the Owner on or before the end of the hire period, unless prior delivery or pickup arrangements are made.

2.4. The Owner will not refund any hire charge monies if the Hirer elects to return the equipment prior to the end of the hire period.

2.5. The minimum hire period shall be 4 hours (Full day rate).

3. Payment for Rental

3.1. 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.

3.2. The hire fee must be paid to the Owner prior to or on the commencement date of the hire period, unless prior arrangement has been made.

3.3. We accept payment by bank transfer, credit card, and cash.

3.4. Equipment is delivered with a full fuel tank. The Hirer must return the Equipment with a full fuel tank, or fuel charges will be applied.

4. Use, Operation and Maintenance

4.1. 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.

4.2. The equipment shall not be used by anyone other than the Hirer and their authorised representative(s) without the expressed permission of the Owner.

4.3. 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.

4.4. The Hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.

4.5. The Hirer shall ensure the equipment is returned to the Owner clean of soil or any other foreign matter. In the event that these requirements are not complied with, the Hirer shall pay the Owner the reasonable costs of compliance with these requirements.

5. Hirer's Warranties

The Hirer warrants that:

• The equipment will be used in accordance with the conditions outlined in the schedule and as shown by the Owner
• The particulars in the schedule are correct in every respect and are not misleading in any way
• Any individual collecting or taking delivery of the equipment on behalf of the Hirer is authorised to do so
• Any individual collecting or taking delivery of the equipment holds a current valid Driving Licence and this is documented by the Owner
• 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
• The equipment will not be used for any illegal purpose
• The Hirer's vehicle is suitable for towing the equipment and provides adequate power for the safe towing of the equipment
• Any accident, damage or loss is reported and provides full details to the Owner within the same day of the occurrence
• The Hirer will not, without prior written consent of the Owner, modify or permit any modification of the equipment in any way
• The Hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the Hirer's purpose

6. Consumer Guarantees

6.1. Where Australian Consumer Law applies, the Hirer has the benefit of guarantees in relation to the hire of Equipment which cannot be excluded.

6.2. 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.

7. Indemnity

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.

8. Loss, Damage, Theft or Breakdown

8.1. 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.

8.2. If there is a breakdown or failure of the equipment then the Hirer shall return the equipment to the Owner at the Hirer's expense and the Hirer shall not attempt to repair the equipment. The Owner may attend to repair on site and/or collect equipment.

8.3. Technical support is available during business hours. Contact us on 0466 286 704 for assistance.

9. Damage to Property

If the Hirer or the Hirer's Personnel damage property whilst using the equipment, the Hirer must promptly:

• Make good the damage; and
• Pay any compensation which the Hirer is required to pay under any Legal Requirement.

10. Insurance

10.1. The Owner will maintain current insurance policies in respect of the equipment to its full insurable value.

10.2. The Hirer may hold Public Liability Insurance and provide evidence of this at the time of hire if applicable.

11. Liability

11.1. 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, or storage of the equipment during hire period.

11.2. 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.

12. Title to Goods

12.1. 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.

12.2. 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.

13. Repossession

13.1. The Owner may retake possession of the equipment if the Hirer breaches any provision of this agreement, notwithstanding anything else herein contained.

13.2. 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.

14. Completion of the Hire Period

The hire period is completed when the equipment has been returned to the Owner:

• In the same condition as when it was hired; and
• On or by the date and time outlined in the schedule.

15. Wet Hire (With Operator)

15.1. For Wet Hire bookings, we provide a qualified operator along with the Equipment.

15.2. The Hirer must:

• Provide a safe working environment for our operator
• Ensure the Site complies with all workplace health and safety requirements
• Provide clear instructions and site-specific information
• Not direct the operator to perform unsafe or illegal work

15.3. Wet Hire rates include the operator's labour, Equipment, and fuel. Additional charges may apply for work outside standard hours.

16. Cancellation

16.1. Cancellation by the Hirer:

• More than 48 hours notice: No cancellation fee
• 24-48 hours notice: 50% of the first day's hire charge
• Less than 24 hours notice: 100% of the first day's hire charge

16.2. We reserve the right to cancel a booking due to Equipment unavailability, adverse weather conditions, or other circumstances beyond our control. In such cases, any deposits paid will be fully refunded.

17. General Provisions

17.1. Severance: 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.

17.2. Variation: 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.

17.3. Governing Law: This Agreement is governed by the laws of South Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.

17.4. Interpretation: In this Agreement, a reference to the singular includes the plural and vice versa; a reference to any party includes the party's executors, administrators, successors or permitted assignees; a reference to an individual shall include corporations.