1. Definitions

1. “Owner” refers to Equip Plus, ABN 72 686 990 741, including its employees, agents, and representatives.
2. “Hirer” means the individual or entity hiring the Equipment.
3. “Equipment” refers to any item supplied on hire, including all accessories, tools, and components.
4. “Hire Period” means the time between the delivery or pickup of the Equipment and its return to the Owner.
5. “Dry Hire” means the hire of Equipment without the provision of an operator or labour by the Owner.

1. Agreement

By hiring Equipment from the Owner, the Hirer agrees to be bound by these Terms and Conditions.

1. Hire Period and Charges

1. The Hire Period begins upon collection or delivery of the Equipment on the Delivery Date and ends upon its return.
2. Late return of Equipment will incur additional hire charges on a daily basis.
3. Hire charges are due as per the invoice terms and are non-refundable once the Hire Period has commenced.
4. A security bond may be required and will be refunded upon return of the Equipment in good condition.

1. Use of Equipment

1. The Hirer is responsible for operating the Equipment safely, competently, and in accordance with all laws and manufacturer guidelines.
2. Equipment must not be sub-hired, loaned, or used by unauthorised third parties unless expressly permitted to in writing by the Owner.
3. If the Owner permits the Hirer to sub-hire, loan or allow a third party to use the Equipment, then the following provisions apply:
   1. the Hirer shall remain fully responsible for the Equipment at all times;
   2. any sub-hire, loan, or third-party use is entirely at the Hirer’s risk;
   3. the Hirer must ensure that any third party complies with the terms of this Agreement as if they were the Hirer;
   4. the Hirer shall remain fully responsible for the Equipment at all times;
   5. any sub-hire, loan, or third-party use is entirely at the Hirer’s risk;
   6. the Hirer must ensure that any third party complies with the terms of this Agreement as if they were the Hirer; and
   7. the Owner shall have no liability whatsoever for:
      • any damage, loss, injury, or claim arising from or in connection with the sub-hire, loan, or use of the Equipment by a third party;
      • any failure by the Hirer or any third party to comply with any law, regulation, or condition of this Agreement;
      • any act or omission of any third party.
4. The Hirer must inspect the Equipment upon delivery or collection and notify the Owner immediately of any defects or issues.
5. Equipment must not be used in a way that exposes it to excessive wear, damage, or conditions outside its intended use.

1. Maintenance and Damage

1. The Hirer is responsible for maintaining the Equipment in good condition during the Hire Period.
2. The Hirer must not attempt repairs without the Owner’s written consent.
3. The Hirer is liable for any loss, damage, or theft of the Equipment during the Hire Period.
4. All damages or losses must be reported to the Owner immediately.

1. The Hirer’s Responsibilities

The Hirer agrees to:

1. ensure the equipment is operated and maintained in accordance with the manufacturer’s operation & maintenance instructions along with all relevant safety standards;
2. keep the equipment in good working condition and repair during the hire period;
3. inform the Owner immediately of any faults, damage, or loss of the equipment;
4. not alter, modify, or repair the equipment without the prior written consent of the Owner;
5. ensure that all necessary permits, licenses, and approvals are in place for the use of the equipment;
6. the Hirer must return all equipment in the same condition as it was at the time of collection. Any cleaning, repairs, or restoration required due to failure to do so may incur additional labour charges;
7. all equipment must be returned with full fuel tanks. If not, refuelling will be charged at the prevailing market rate plus a 30% surcharge; and
8. ensure that any Equipment is kept safe and secure at all times whilst in the care and custody of the Hirer.

1. Liability and Indemnity

1. The Hirer assumes full responsibility for the Equipment and its use.
2. The Owner shall not be liable for any indirect, incidental, or consequential loss or damage arising out of or in connection with the hire or use of the Equipment.
3. The Hirer indemnifies and holds the Owner harmless from all claims, damages, losses, and expenses arising from the Hirer's use of the Equipment including but not limited to:
   1. any injury or death to persons or damage to property arising from the use or handling of the equipment;
   2. any breach by the Hirer of any term of this Agreement; or
   3. any negligent act or omission of the Hirer.

1. Insurance

1. The Hirer is responsible for insuring the Equipment during the Hire Period unless otherwise agreed in writing.
2. The Hirer shall maintain, at its own cost, public and products liability insurance to cover the following:
   1. injury to persons, death, or damage to property arising from the use, operation, or transportation of the Equipment;
   2. damage caused by the Equipment to third-party property;
   3. any claims arising out of the Hirer's use or handling of the Equipment, including injury or damage caused by the Equipment to individuals or other property during the hire period.

1. Security and Charge
   1. Charge over Real Property

The Hirer hereby charges in favour of the Owner all of the Hirer’s present and future rights, title and interest in any real property (whether owned solely, jointly or otherwise) as security for the payment of all monies owed, or which may become owing, by the Hirer to the Owner arising under or in connection with these Terms and Conditions or any associated agreement. The Hirer agrees that the Owner may lodge a caveat over any such real property to protect its interest, and the Hirer hereby irrevocably consents to the lodging of such caveats and agrees to execute any documents and do all things reasonably required by the Owner to give effect to this clause.

1. PPSA – Personal Property Security Interest
   1. The Hirer acknowledges and agrees that these Terms and Conditions constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) ("PPSA") and create a security interest in all hire equipment and any proceeds as security for all amounts owing by the Hirer to the Owner.
   2. The Hirer consents to the Owner registering its security interest on the Personal Property Securities Register (PPSR) and agrees to provide all assistance reasonably required to facilitate this.
   3. To the extent permitted by law, the Hirer waives its rights to receive any notices under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), and 135 of the PPSA and any verification statement under section 157 of the PPSA.
   4. The Hirer agrees not to register a financing change statement in respect of a security interest without the Owner’s prior written consent.

1. Termination

1. The Owner may terminate the hire agreement at any time if the Hirer breaches these Terms.
2. Upon termination, the Hirer must return the Equipment immediately.

1. Force Majeure

The Owner shall not be liable for failure to perform its obligations where such failure is due to events beyond its reasonable control, including but not limited to fire, flood, storm, industrial action, or acts of government.

1. Governing Law

These Terms and Conditions are governed by the laws of South Australia, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of that state or territory.

1. Miscellaneous

1. No waiver of any term by the Owner shall be deemed a waiver of any other term or future breach.
2. If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.