Hire Agreement


  1. These conditions are by agreement incorporated in and form part of the contract entered into between the Owner and the Higher named and described on the face hereof in respect of the plant and equipment described on the face hereof.
  2. The hiring rate stated overleaf is based upon the plant being used for eight hours only on each day.
  3. If plant is used outside of the period shown under (2) above the hiring rate will be:
  4. For excess of eight hours per day, the hourly rate shall be 1/16th of the daily rate.
  5. For either a Saturday or Sunday or a public holiday, higher will be charged at the normal daily rate.
  6. Hiring charges shall commence from the time the plant is collected by the Higher from the Owner’s premises until return to the said premises. In the event of the Hirer requesting the Owner to make delivery and collection, hire will commence from the time the plant leaves the Owner’s premises until the Hire controller of the owner is notified that the plant is available for collection, provided that notification is given in sufficient time for the plant to be picked up and returned to the depot by 9:00 AM following the period of hire. In the event insufficient notice being given, the Hirer will be charged an additional 1 day of hire.

Notwithstanding the foregoing, it is expressly understood that the onus rests with the Hirer to ensure that the plant is returned or collected by the owner.


  • Minimum hire shall be one day and any Hirer failing to return the plant to the Owner’s premises before 9:00 AM on the morning of the day following the day of hire will be charged an additional 1 day.
  • The Hirer will allow or permit the machine to be operated or driven (as the case may be) by only properly qualified competent staff holding any license as may be required by law for such operator or driver.
  • The Hirer must maintain the oil in the machine at proper levels and keep the machine properly and regularly serviced, but save for these matters the machine will be maintained by the Owner. Should the machine break down or develop any mechanical or other fault the Hirer will cease to operate the machine and forthwith notify the Owner. The Hirer accepts full responsibility for and indemnify the Owner against all Claims in respect of any injury to persons, or damage to property arising out of the use of the Plant during the hire period however arising, whether from the negligence of the Hirer or Owner or otherwise and without limiting the foregoing whether or not the Plant was being operated by a servant of the Owner or any other person for whose acts the Owner might be or held to be responsible in connection with the operator of the Plant.

7A. Providing the Hirer immediately notifies the Hire Controller of the Owner of a breakdown occurring, hiring charges calculated on an hourly basis will not be payable during which time the Plant is unserviceable unless the condition is due to negligence or misuse on the part of or attributable to the Hirer.

7B. No Repair Costs are to be INCURRED on behalf of the Owner of the Equipment without prior Authorisation.

  • The Owner shall:
  • Make the Plant available to the Hirer at the Owner’s premises or if requested, deliver the Plant to the site nominated by the Hirer providing the Hirer has an established credit rating with the Owner and the Owner has received authorisation from the Hirer.
  • Be responsible for all repairs and replacements required to the plant and which arise from fair wear and tear, provided that these shall be at the cost of the Hirer if shown to be caused by negligence or misuse on the part of or attributable to the Hirer.
  • The Hirer shall, unless the equipment is supplied on a comprehensive basis:
  • Supply the operator and pay operator’s wages.
  • Use the Plant in a skilful and proper manner and shall at his own expense, service, clean and maintain the plant in good and substantial repair and condition, reasonable wear and tear excepted and shall supply all fuel, oil and supplies necessary for operation, service and maintenance.
  • Clean the Plant upon completion of the hire period – if the plant is returned dirty it will be cleaned by the Owner and the Hirer will be charged a cleaning fee.
  • Accept responsibility for the safe keeping of any tools supplied therewith and will pay the Owner for all loss and damages suffered in this regard by reason of misuse, theft or otherwise. In particular where locks are provided the Hirer will keep the Plant locked and will pay the Owner for any loss suffered in this regard by reason of misuse, abuse, overloading, theft, vandalism, malicious damage or otherwise.
  • The Hirer shall accept all responsibility for and will pay the Owner for all loss and damages to the Plant from whatever cause the same may arise during the period of hire (fair wear and tear excepted) and shall accept all responsibility for any injury or damage caused during the period of hire to any person or property and shall hold the Owner free from all liabilities in respect of all claims in connection therewith.
  • Pay hire to the Owner at the rates shown overleaf, subject to any other provisions nominated therein.
  • Pay to the Owner all freight and other charges both in respect of the forward & return transportation of the Plant, except when the Hire is terminated due to the unserviceability of the Plant and the Plant items is returned to the Owner for this reason. The transport charges for the return of the Plant item under these circumstances will be bome by the Owner.
  • Make payments for the hiring charges and delivery or collection charges where applicable on a strictly net cash 7 days basis, unless otherwise stated.
  • The Owner may affix or cause to be affixed on the said Plant or any part thereof such plates or other marks indicating that the said Plant is the property of the Owner as the Owner may think fit.
  • This Hire Contract may not be transferred to any other party, nor the Plant removed from the State without the written consent of the Owner.
  • Notwithstanding the period of the hire mentioned overleaf, this Hiring may be determined by the Owner giving to the Hirer two day’s notice. If the Hirer shall commit an act of bankruptcy or be made bankrupt or being a company, have a winding up petition presented against it or be wound up or go into voluntary liquidation or commit any breach of this Hiring the Owner shall thereupon be entitled to determine the Hiring without notice and/or to take possession of the Plant or equipment hired for which purpose the Hirer hereby irrevocably licenses the Owner and its agents to enter any land or premises of the Hirer or under his control. Upon determination as aforesaid or upon the Owner taking possession of the Plant or equipment this hiring shall be at an end except that each party shall be liable for any prior breach thereof.
  • By signing the “Theft or Damage Waiver” section on the face of this agreement the Owner agrees, upon prompt submission of a written Police Report, to waive its rights to claim for loss or damage to the equipment caused by fire, storm, collision, accident, theft or burglary providing adequate precautions have been taken to safeguard the equipment, such waivering of rights is subject to payment by the Hirer of $500 per machine or 10% of the list price of the machine (whichever is the greater) which the Hirer shall pay. EXPRESSLY EXCLUDED FROM THE ABOVE WAIVER ARE LOSS OR DAMAGE AS DEFINED BELOW.
  • Damage due to misuse, abuse or overloading of the equipment and/or overhead damage to hire vehicles and equipment
  • Mysterious disappearance or wrongful conversion of the equipment
  • Loss or damage in contravention of the conditions of the agreement
  • Loss or damage from use in violation of any statutory laws and regulations
  • Loss of tools, accessories, grease guns, hoses and similar, electric cords, welding cable, batteries and other similar accessories
  • Damage caused to tyres and tubes by blow-out, bruises, cuts or other causes inherent in the use of the equipment
  • Loss or damage relating from lack of lubrication or other normal servicing of equipment
  • Loss or damage in use or while being carried over water
  • Loss or damage to motors or other electrical appliances or devices caused by overloading or artificial electrical current, including use of under rated extension leads or electrical powered tools and machines, including automatic voltage regulators.
  • If the machine is assembled, disassembled, moved and re-assembled, or moved for operation at some other point on the site or from the site such assembly, disassembly, moving or re-assembly will be entirely at the risk of the Hirer who shall make good any damage to the machine or any person or property and the Hirer will comply with all the requirements of the law relating thereto and will install or re-install such safety as gates and fences as may be required by Law.
  • The Hirer will pay to the Owner the hire for the machine at the rates for the time being charged by the Owner within seven days of the date of the invoice. The Owner shall be at liberty to deliver invoices at weekly intervals or such other period as it deems expedient. Any notice from the Owner to the Hirer will be properly sent, delivered or served if posted by prepaid ordinary post addressed to the Hirer at the address shown on the face hereof.
  • The person signing this agreement, if not the Hirer, warrants that he is signing the same for and on behalf of the Hirer and has authority from the Hirer to sign on behalf of the Hirer.
  • METROPOLITAN AREA HIRE: Charged from time equipment leaves our premises to time we are notified equipment has ceased working.
  • COUNTRY HIRE: Charged from time equipment leaves our premises to time it is returned.
  • CARTAGE: May be arranged on your behalf and is chargeable to your account.
  • DAY: One day is considered an 8-hour working shift.
  • WEEK: One week is considered 7 working days.
  • WEEKEND WORK: Chargeable at normal daily rates.
  • SHIFT WORK: Extra hours working in one day are chargeable at 1/16th daily rate for equipment used.
  • PRICE CHANGE: We reserve the right to change rates at any time without notice.
  • WE CHARGE FOR TIME OUT OR TIME USED: Whichever is the greater. All equipment must be returned by 9 a.m. on the following morning of hire, otherwise an extra day will be charged. MINIMUM CHARGE ONE DAY