PAYMENT TERMS

 

- Payment is due within seven (7) days of invoice date.

- Payment must be made via bank transfer to the account nominated by Rise Hire.

 

HIRE PERIOD AND CHARGES

 

- Standard excavator day hire includes up to eight (8) operating hours per day.

- Additional operating hours may incur additional charges.

- The applicable daily hire rate applies for each day the equipment remains in the Hirer’s possession unless otherwise agreed in writing.

 

SAFETY OBLIGATIONS

 

- The Hirer must ensure all operators are appropriately trained, competent, and licensed where required.

- All equipment must be operated in accordance with the Work Health and Safety Act 2011 (NSW).

- Equipment must only be used in accordance with manufacturer guidelines, including safe working load limits and gross vehicle mass limits.

- Equipment must only be used for its intended purpose and on suitable terrain.

 

DAMAGE, LOSS, AND LIABILITY

 

- No damage waiver applies to any hire.

- The Hirer is fully responsible for any loss, theft, damage, or vandalism occurring during the hire period.

- The Hirer is liable for all repair, transport, recovery, cleaning, and associated costs resulting from damage or misuse.

 

RETURN CONDITIONS

 

- Equipment must be returned with fuel tanks full unless otherwise agreed.

- Equipment must be returned in a clean condition.

- Additional cleaning fees may apply where equipment is returned excessively dirty or covered in mud or debris.

- Equipment must be available for collection at the agreed date and time.

- Additional hire charges may apply where collection is delayed or equipment is not in a transportable condition.

LIABILITY LIMITATION

To the maximum extent permitted by law, Rise Hire shall not be liable for any indirect, consequential, or economic loss, loss of profit, project delay, or damages arising from the hire, use, breakdown, or unavailability of the equipment.

INDEMNITY

The Hirer indemnifies and holds harmless Rise Hire, its directors, employees, and agents against any claims, damages, losses, liabilities, penalties, costs, or expenses arising from:

the Hirer’s use or operation of the equipment;

breach of this agreement;

personal injury, death, or property damage caused during the hire period;

misuse, negligence, transport, loading, or storage of the equipment.

This is one of the most important clauses.

INSURANCE

The Hirer must maintain:

public liability insurance of not less than AUD $20,000,000;

insurance covering loss, theft, and damage to the equipment;

any compulsory workers compensation insurance required by law.

Proof of insurance must be provided upon request.

Very important for excavator hire.

RISK

Risk in the equipment passes to the Hirer upon delivery or collection and remains with the Hirer until the equipment is returned to and accepted by Rise Hire.

TITLE

Ownership of the equipment remains with Rise Hire at all times.

MECHANICAL FAILURE

The Hirer must immediately cease using the equipment if a fault or mechanical issue is identified and must notify Rise Hire immediately.

The Hirer must not attempt repairs unless authorised in writing.

DEFAULT / LATE PAYMENT

Overdue accounts may incur interest at 10% per annum calculated daily.

The Hirer is liable for all debt recovery and legal costs incurred by Rise Hire.

GOVERNING LAW

This agreement is governed by the laws of New South Wales, Australia.

ENTIRE AGREEMENT

This document constitutes the entire agreement between the parties and supersedes all prior discussions or representations.

OFF-HIRE

Hire charges continue until the equipment is returned to Rise Hire’s depot or collected by Rise Hire and inspected and accepted as off-hire.

Notification by the Hirer that the equipment is no longer required does not in itself terminate hire charges.

BREAKDOWN AND STANDDOWN

Fair wear and tear excepted, the Hirer is responsible for all costs arising from misuse, operator error, neglect, contamination, improper fuel, or failure to maintain fluid levels.

Where equipment becomes unavailable due to damage caused during the hire period, Rise Hire may continue charging hire fees until repairs are completed or replacement value is paid.

UNDERGROUND SERVICES

The Hirer is solely responsible for locating and protecting all underground services including electrical, gas, water, sewer, communications, and fibre infrastructure before excavation work commences.

Rise Hire accepts no liability for damage to underground services.

SITE ACCESS

The Hirer must provide safe and suitable access for delivery, operation, and collection of the equipment.

Any recovery, towing, bogging, crane, tilt tray, or additional transport costs caused by unsafe access or site conditions are payable by the Hirer.

WEATHER AND STAND DOWN

No reduction in hire charges applies due to wet weather, site delays, breakdowns of other equipment, labour shortages, or inability of the Hirer to use the equipment.

PPSR

This agreement constitutes a Security Agreement for the purposes of the Personal Property Securities Act 2009 (Cth).

The Hirer grants Rise Hire a security interest in the equipment and its proceeds.

The Hirer agrees to do all things necessary to enable Rise Hire to register and maintain a perfected security interest under the PPSA.

SUB-HIRE PROHIBITED

The Hirer must not sell, assign, sub-hire, lend, or otherwise part with possession of the equipment without prior written consent from Rise Hire.

TRACKING AND REPOSSESSION

Rise Hire may fit tracking devices to equipment.

If the Hirer defaults under this agreement, Rise Hire may enter any site or property where the equipment is believed to be located for the purpose of recovery.

PRESTART INSPECTIONS

The Hirer must conduct daily prestart and safety inspections and immediately report any defect, warning light, leak, or damage.

CONTAMINATION AND BIOSECURITY

The Hirer must ensure equipment is free from contaminated material, asbestos, chemicals, biohazards, concrete waste, and declared weeds before return.

Decontamination and cleaning costs are payable by the Hirer.

FUEL AND OPERATION

The Hirer must use only the correct fuel, oils, and fluids specified by the manufacturer.

Damage caused by incorrect fuel or failure to maintain fluids is the Hirer’s responsibility.

CANCELLATION

Rise Hire may charge a cancellation fee where equipment booked by the Hirer is cancelled within 24 hours of delivery or collection.

 

Rise Hire is not liable for any delay costs, liquidated damages, loss of contract, loss of production, loss of revenue, or consequential loss arising from equipment failure or unavailability.