Dry Hire Terms and Conditions

1. Agreement

By accepting delivery, collecting equipment, signing a hire agreement, paying an invoice, or otherwise taking possession of any equipment supplied by Build Hire Pty Ltd ("Build Hire"), the Customer agrees to be bound by these Terms and Conditions.

2. Responsibility for equipment

The Customer is solely responsible for the Equipment from the time:

• the Equipment is collected by the Customer;
• the Equipment is delivered to the Customer's site; or
• a representative of the Customer takes possession of the Equipment,

until such time as Build Hire has physically collected the Equipment and confirmed the Equipment has been off-hired.

The Equipment remains on hire and at the Customer's risk until collected by Build Hire.

3. Customer liability

The Customer is fully responsible for:

• any loss;
• theft;
• damage;
• vandalism;
• fire;
• flood damage;
• malicious damage;
• misuse;
• accidental damage;
• transport damage;
• attachment damage;
• rollover damage;
• recovery costs;
• repair costs; and
• loss of hire suffered by Build Hire,

while the Equipment is in the Customer's possession or under the Customer's control.

4. Theft of equipment

If Equipment is stolen during the Hire Period, the Customer will be liable for:

• (a) the full replacement value of the Equipment;
• (b) the replacement value of any attachments;
• (c) transport and recovery costs;
• (d) loss of hire suffered by Build Hire until replacement equipment is obtained; and
• (e) any insurance excess payable by Build Hire.

The Customer must immediately:

• notify Police;
• obtain a Police Event Number;
• notify Build Hire within one (1) hour of becoming aware of the theft.

Failure to secure Equipment may be treated as negligence.

5. Security of equipment

When Equipment is unattended, the Customer must:

• remove all keys;
• lock all cabins;
• activate security devices where fitted;
• store Equipment in a secure location;
• take reasonable precautions to prevent theft.

The Customer remains responsible even if the Equipment is stolen from a supposedly secure site.

6. Damage to equipment

The Customer must immediately notify Build Hire of any damage.

The Customer must not undertake repairs without written approval from Build Hire.

Build Hire may determine whether Equipment is repaired or replaced.

The Customer will be liable for:

• all repair costs;
• labour costs;
• parts;
• freight charges;
• call-out fees;
• assessment fees;
• recovery costs; and
• loss of hire during repairs.

7. Loss of hire

If Equipment becomes unavailable due to damage, theft or misuse while under the Customer's control, the Customer must compensate Build Hire for lost rental income during the repair or replacement period.

Loss of hire will be charged at the standard daily hire rate.

8. Customer insurance

The Customer is responsible for ensuring adequate insurance cover exists for:

• hired-in plant;
• public liability;
• theft;
• accidental damage;
• third party property damage.

Build Hire's insurance does not cover the Customer's liability under this Agreement.

9. Equipment use

The Customer must only use the Equipment:

• for its intended purpose;
• in accordance with manufacturer recommendations;
• by competent and licensed operators;
• in accordance with all WHS legislation.

The Customer must not:

• allow unauthorised persons to operate Equipment;
• overload Equipment;
• modify Equipment;
• remove decals, GPS units or safety devices;
• use Equipment unlawfully;
• use Equipment while under the influence of alcohol or drugs.

10. Breakdowns

In the event of a mechanical breakdown not caused by the Customer:

Build Hire will repair or replace the Equipment as soon as reasonably practicable.

No refund, credit or compensation is payable for delays beyond Build Hire's reasonable control.

Where a breakdown is caused by misuse, abuse, neglect or operator error, all costs are payable by the Customer.

11. Fuel

Equipment must be returned with the same fuel level as supplied.

Refuelling charges will be charged at:

• fuel used; plus
• administration and labour costs.

12. Cleaning

Equipment must be returned clean and free from:

• concrete;
• paint;
• excessive mud;
• demolition waste;
• contaminated material.

Cleaning charges will apply where Equipment is not returned in the same condition supplied.

13. Off-hire

Equipment remains on hire until:

• (a) Build Hire receives notification that the Equipment is ready for collection; and
• (b) Build Hire confirms the Equipment has been off-hired.

Equipment not accessible for collection remains on hire.

14. Late returns

Additional hire charges apply for late returns.

Build Hire may charge the standard daily hire rate until Equipment is returned or collected.

15. Gps tracking

The Customer acknowledges that Equipment may contain GPS tracking devices, telematics systems and recovery devices.

Build Hire may use tracking information for:

• recovery;
• theft prevention;
• location verification;
• utilisation monitoring.

Tampering with tracking devices is prohibited and all associated costs will be charged to the Customer.

16. Indemnity

The Customer indemnifies Build Hire Pty Ltd against all claims, losses, liabilities, damages, costs and expenses arising from:

• use of the Equipment;
• operation of the Equipment;
• damage to property;
• injury to persons;
• breach of these Terms and Conditions.

This indemnity survives termination of the Hire Agreement.

17. Title

All Equipment remains the sole property of Build Hire Pty Ltd at all times.

No ownership interest passes to the Customer.

18. Termination

Build Hire may immediately terminate the Hire Agreement and recover Equipment where:

• payments are overdue;
• Equipment is at risk;
• these Terms are breached;
• Equipment is being misused.

Recovery costs will be payable by the Customer.

19. Governing law

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

Any dispute shall be heard exclusively in the courts of New South Wales.

20. Acceptance

By signing a Hire Form, paying an invoice, accepting delivery or taking possession of Equipment, the Customer acknowledges that they have read and accepted these Terms and Conditions.

Customer Liability and Damage Schedule

This Schedule forms part of the Hire Agreement and Terms & Conditions of Build Hire Pty Ltd.

The Customer acknowledges that they are responsible for all loss, damage, theft, misuse, recovery costs and loss of hire associated with the Equipment while it remains in their possession or under their control.

1. Damage responsibility

The Customer is responsible for all damage occurring during the Hire Period including but not limited to:

Hydraulic System

• Burst hydraulic hoses
• Damaged hydraulic lines
• Bent hydraulic cylinders
• Damaged fittings
• Oil contamination
• Hydraulic leaks caused by impact

Excavator Attachments

• Buckets
• Mud buckets
• GP buckets
• Rock buckets
• Rippers
• Augers
• Auger extensions
• Hydraulic hammers
• Hydraulic rock grabs
• Compaction wheels
• Quick hitches
• Tilt hitches

Machine Components

• Broken glass
• Damaged mirrors
• Damaged lights
• Damaged cameras
• Damaged handrails
• Damaged panels
• Damaged covers
• Damaged seats
• Damaged control levers
• Damaged tracks
• Damaged rollers
• Damaged sprockets
• Damaged idlers

2. Operator damage

The Customer is liable for all damage arising from:

• Operator error
• Negligence
• Inexperience
• Improper use
• Overloading
• Abuse of Equipment
• Failure to carry out daily checks

This includes damage caused by employees, contractors, subcontractors or any person permitted by the Customer to operate the Equipment.

3. Water damage

The Customer is fully responsible for any damage resulting from:

• Flooding
• Submersion
• Salt water exposure
• Water entering electrical systems
• Water entering engine systems
• Water entering hydraulic systems

Any water-damaged Equipment may be deemed a total loss and charged at replacement value.

4. Incorrect fuel

The Customer is responsible for all costs associated with:

• Petrol placed into diesel equipment
• Diesel placed into petrol equipment
• AdBlue contamination
• Fuel contamination
• Foreign material entering fuel systems

All repair, recovery and loss-of-hire costs apply.

5. Track and undercarriage damage

The Customer is responsible for:

• Track damage
• Track derailment caused by misuse
• Excessive wear caused by operation on unsuitable surfaces
• Roller damage
• Idler damage
• Sprocket damage

6. Stolen equipment

If Equipment is stolen, the Customer is liable for:

• Replacement value of the Equipment
• Replacement value of attachments
• Recovery expenses
• Insurance excess
• Investigation costs
• Loss of hire

The Customer must immediately:

• Notify Police
• Obtain a Police Event Number
• Notify Build Hire

Failure to do so may result in full liability.

7. Recovery costs

The Customer is responsible for all recovery expenses including:

• Bogged machinery
• Machine retrieval
• Crane hire
• Tilt tray hire
• Transport costs
• Emergency call-outs

8. Rollover damage

Any rollover event is considered major damage.

The Customer is responsible for:

• Repairs
• Replacement parts
• Labour
• Transport
• Engineering inspections
• Loss of hire

Where Equipment is deemed beyond economical repair, replacement value may apply.

9. Cleaning charges

Equipment must be returned in the same condition supplied.

Additional charges may apply for:

• Excessive mud
• Concrete build-up
• Asphalt build-up
• Paint contamination
• Grease contamination
• Waste removal

Minimum cleaning charge: $150 + GST

Build Hire reserves the right to charge actual cleaning costs where greater than the minimum charge.

10. Fuel charges

Equipment must be returned with the same fuel level supplied.

Where refuelling is required, the Customer will be charged:

• Fuel used;
• Labour;
• Administration costs.

Minimum refuelling charge: $50 + GST.

11. Lost items

The Customer is responsible for replacement costs relating to:

• Ignition keys
• Security keys
• Manuals
• Log books
• Safety equipment
• GPS devices
• Attachments
• Pins and retainers

12. Gps tracking

Build Hire Equipment may be fitted with:

• GPS tracking
• Telematics systems
• Immobilisation systems
• Recovery devices

Tampering with or disabling any tracking device will constitute a major breach of the Hire Agreement and all associated costs will be payable by the Customer.

13. Loss of hire

Where Equipment is:

• Damaged;
• Stolen;
• Misused;
• Under repair due to Customer actions;

the Customer agrees to pay Build Hire for lost rental income during the period the Equipment is unavailable for hire.

Loss of hire will be charged at the standard daily hire rate applicable to that Equipment.

Customer acknowledgement

When signing the Hire Form, the Customer acknowledges that:

• I have read and understood the Build Hire Terms & Conditions.
• I understand I am responsible for all damage, theft, loss and recovery costs associated with the Equipment while it is in my possession.
• I understand Build Hire's insurance does not remove my obligations under this Agreement.
• I agree to indemnify Build Hire Pty Ltd for all losses arising from my use of the Equipment.

Questions about these terms: call 1300 157 882 or email info@buildhire.com.au.