Mittagong Mini Excavator Hire agrees to hire equipment to the customer subject to the terms and conditions set out in this document. By signing this hire agreement the customer acknowledges that they have read, understand and will follow all requirements set out in the hire agreement. In order for the customer to hire equipment from Mittagong Mini Excavator Hire they must complete and sign the hire agreement and any other documents Mittagong Mini Excavator Hire may require. Mittagong Mini Excavator Hire reserves the right to decline hiring equipment to the Customer at any time.

DEFINITIONS

Customer:

The person, firm, company, government institution, entity or corporation (including any personal representatives or permitted assigns of such) that engages Mittagong Mini Excavator Hire.

Hire Period:

Is duration of time from commencement of hire until the end of the hire shown on the hire agreement.

Commencement:

The date and time the Customer picks up machine, or machine is delivered and possession is taken.

Hire Agreement:

The agreement entered into between Mittagong Mini Excavator Hire and the Customer hiring the equipment.

Equipment:

Any kind of Equipment provided to the Customer by Mittagong Mini Excavator Hire under the hire agreement including any and all machinery and trailer, accessories, tools, attachments and manuals.

Hire Charge:

The rates and costs are payable by the Customer for the hire of equipment.

Wet Hire:

Customer engages Mittagong Mini Excavator Hire to provide equipment and operator to complete work.

MITTAGONG MINI EXCAVATOR HIRE OBLIGATIONS

Ensure equipment is in good working order prior to commencement of hire. Ensure the equipment has a full tank of fuel prior to commencement of hire.

For wet hire, Mittagong Mini Excavator Hire will provide a machine operator to work under the direction of the Customer. It is the Customers responsibility to obtain a site plan and carry out all dial before you dig service checks for the area they wish Mittagong Mini Excavator Hire to operate. Mittagong Mini Excavator Hire will only operate under direction from the Customer therefore the Customer remains liable for any damages incurred during the period of wet hire.

CUSTOMER HIRE OBLIGATIONS

The Customer acknowledges that they will not on-hire the equipment unless written permission to do so is given by Mittagong Mini Excavator Hire.

The Customer warrants that they are authorised to sign the hire agreement and that all information provided is true and correct.

By signing the Hire agreement warrants that the Customer has read, understood and will comply with all directions, terms and conditions and safety information provided.

The Customer agrees to provide Mittagong Mini Excavator Hire with permission to enter the premises where equipment is being used or stored to carry out inspections and servicing required.

The Customer must not alter, modify, tamper with, damage or repair the equipment without written permission from Mittagong Mini Excavator Hire.

It is the Customers responsibility to ensure all equipment loaded on or in Customers vehicles is secured correctly during transport.

It is the Customers responsibility before transporting machine to ensure trailer is secured correctly and checked for any mechanical issues that may deem it unsuitable for use.

The Customer must not exceed the designed GTM (gross trailer mass) or ATM (aggregate trailer mass) of any trailer used to transport the equipment.

The Customer must take full responsibility for the vehicle being used to tow any form of equipment and make sure the vehicle meets the requirements made by the Roads And Maritime Services.

The Customer is responsible for ensuring their vehicle is suitable and has the towing capacity required to transport the hired equipment and attachments.

It is the customers responsibility to ensure that the hired equipment is:

(a) Stored in a safe, secure area and where possible in a locked yard or shed.

(b) Operated safely by a suitably trained, competent, experienced and (if necessary) certified operator in accordance with all laws and regulations, the operators manual and any instructions Mittagong Mini Excavator Hire provides;

(c) Used only for its intended purpose, in suitable terrain and in a manner that is within the equipments capabilities and limitations.

(d) Not used underground in a mine, or in an area where friable asbestos is present.

(e) Not used excessively, including excessive use of the attachments.

(f) Not used in, on or overwater.

(g) Not removed from the state of New South Wales without prior written consent of Mittagong Mini Excavator Hire.

(h) Returned to Mittagong Mini Excavator Hire in the same clean condition and good working order it was in when received, and with full tanks of clean fuel, filled either directly from fuel station bowser or using jerrycan provided by Mittagong Mini Excavator Hire.

(i) Ensure unregistered machinery, is only operated on private property.

The Customer must Ensure that all persons who operate the equipment;

(a) Prior to any use are made aware of all safety information, operating instructions and notices supplied with attached to or contained in the equipment.

(b) Do not operate the equipment while under the influence of any alcohol or drugs. (c) Do not use the equipment for any illegal activities.

(d) Do not deface or remove any safety information from the equipment.

(e) Wear suitable clothing and protective equipment as required or recommended by the safety and operating instructions, the law or any regulations.

(f) Not altar, deface, erase, or remove any identifying mark plate or number on or in the equipment or otherwise interfere with the equipment.

(g) Not use a hydraulic attachment that has not been supplied by Mittagong Mini Excavator Hire without prior written agreement from Mittagong Mini Excavator Hire.

(h) Re-fuel, lubricate, and maintain equipment in good condition and accordance with your instructions and operators manual.

The customer takes full responsibility for any in traffic infringement incurred during the hire period and must not exceed the recommended legal speed limits during transport of the equipment.

The customer must report all accidents and damage to Mittagong Mini Excavator Hire immediately if an accident or damage occurs.

The customer acknowledges, and Mittagong Mini Excavator Hire advises that the customer must obtain a “dial before you dig”site plan, and council building site plan before any use of equipment, all wet higher information in regard to dial before you dig can be found at www.1100.com.au and through local councils.

Under a wet hire agreement, the customer must give direction as to what earthworks they want completed.The Customer accepts and takes full responsibility for any damages incurred by Mittagong Mini Excavator Hire during the wet hire period.

HIRE CHARGES

Initial hire charges are based on the hire period outlined in the Hire Agreement.

The Customer acknowledges that one day hire is strictly limited to a 10 hour period or returned by 6 pm, whichever comes first.

The Customer acknowledges and accepts that if the equipment is not returned to Mittagong Mini Excavator Hire by the conclusion of the higher period, then additional charges will apply at a daily rate until the equipment is returned.

The Customer accepts that equipment is not to be used continuously for more than 10 hours over a 24 hour period.

PAYMENT

The customer must pay to Mittagong Mini Excavator Hire; (a) Full payment of the hire charge prior to commencement.

(b) All costs incurred by Mittagong Mini Excavator Hire to fix repair or replace damage caused to the equipment by the customer or any person using the equipment while it was hired to the customer including insurance costs. (i.e. cost of on claim and subject to any damage, waiver) and costs of recovery of the equipment. This includes repairs to all parts and attachments for the equipment that are excessively worn or used.

(c) All cleaning and refuelling costs of the equipment. Refuelling will be charged at a rate of $4.50 per litre and cleaning of the machine will be charged at $80 plus GST per hour.

(d) All costs incurred by Mittagong Mini Excavator Hire to recover, clean, repair or refuel the equipment, including loss of business.

(e) All tolls, fines, levies, penalties or chargers payable in respect of this hire agreement or arising from the customers use of the equipment.

(f) Any legal expenses or legal costs incurred by Mittagong Mini Excavator Hire, on a solicitor and own client basis, for any actions taken whatsoever due to Customer default of these terms and conditions.

Prior to commencement, the Customer must (unless agreed in writing prior with Mittagong Mini Excavator Hire);

(a) Make full payment for hire of equipment, including delivery and hire of attachments.

(b) Provide a valid credit card to Mittagong Mini Excavator Hire to be used for all payments pursuant to the terms and conditions.

The customer agrees to pay a damage excess cost of $2500 plus GST for any damage made to equipment while in the Customer possession unless damage excess reduction is paid prior to hire commencement.

A damage excess reduction can be taken out for the amount of $150 plus GST. If damage excess reduction has been paid, excess costs are reduced to $500 plus GST.

The Customer must pay for the new listed price of any equipment, which is not returned to Mittagong Mini Excavator Hire.

The Customer authorises Mittagong Mini Excavator Hire to charge the nominated credit card of the Customer for any additional cost plus bank fees if applicable on top of the initial hire charge created pursuant to any clause of these terms and conditions.

RESPONSIBILITY FOR THE EQUIPMENT

The ‘Customer’ acknowledges and accept any solely responsible for any loss theft or damage, all or to the equipment (including if a damage waiver has been provided) from any and every event whatsoever and howsoever and by whosoever cause while the equipment is being hired to the Customer.

BREACH OF HIRE AGREEMENT BY THE CUSTOMER

If the Customer breaches any calls whatsoever of this document or becomes insolvent bankrupt or ceases business then Mittagong Mini Excavator Hire shall be entitled to immediately terminate the high agreement, repossess the equipment, (and is authorised to enter any promises where the equipment is located to do so) and Institute proceedings against a Customer for recovery of all monies owing by the Customer.

LIABILITY AND INDEMNITY

It is the Customers responsibility to locate all services and infrastructure in the area that the machine is to be operated in prior to works commencing.

It is the Customers responsibility to ensure machine is operated within the manufacturer specifications by a competent person.

It is the Customers responsibility to ensure machine is loaded and unloaded safely by a competent person and will supervise all machine operations where required.

It is the Customers responsibility to ensure children do not have access to the job site, work area or machine.

The Customers acknowledges that use of the equipment comes with dangers and risk of injury, and the Customers, except all dangers and risks associated with the use of the equipment.

The Customer assumes all risks and liabilities for end in respect of for, the use of the equipment, including, but not limited to:

(a) Any injury or death of any persons or animals.

(b) Any damage to property or claim by third-party howsoever arising from the position, use maintenance, repair or storage of the equipment-(including as a result of the Customer not using the Dial Before You Dig service)

(c) Transport of the equipment, including damage or injuries, caused by incorrect transport of the equipment in any way.

The Customer is liable to, and indemnifies and forever keeps indemnified Mittagong Mini Excavator Hire against any, and all damage, loss, claims, costs and expenses, (including, without limitation, legal fees, cost and disbursements on a full indemnity basis, whether incurred or awarded against Mittagong Mini Excavator Hire in any environmental loss, cost, damage or expense) resulting from the use of the equipment by any person or a breach of any of these terms and conditions such liability may be limited by a damage waiver if one has been provided

No delay or ‘omission’ by Mittagong Mini Excavator Hire of its rights under the Hire Agreement or these terms and conditions will impair any such right, power or remedy, nor will it be construed to be a waiver of any rights to take action or make a claim in respect of a continuing breach or default.

GUARANTOR

The person signing the hire agreement agrees to;

(a) Personally guarantee all terms and conditions imposed on the Customer.

(b) Indemnify and keep indemnified Mittagong Mini Excavator Hire against any and all breaches by the Customer of these terms and conditions, or agreement created by Mittagong Mini Excavator Hire.