1.Term. This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner. Renter shall return the Equipment on the agreed date unless terminated earlier consistent with the terms herein or if at the OWNERS Discretion and extension is granted and rental extension Fees are paid.

2.Payment. Renter shall pay the Rental charge plus security deposit and authorize Owner to charge the debit card or credit card on file with Owner an amount equal to all payments and fees due under this Agreement as shown. Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:

• Charges for optional services, if any;
• Applicable taxes;
• Loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
• A daily charge per day for late return of the Equipment or the highest amount allowable under law;
• Unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
• All expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
• All costs incurred to collect unpaid monies due; and
• Ten  dollars ($10.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
• Cost to refuel hired equipment.
• A $35 cleaning fee if equipment is NOT returned in a clean condition.
• Early returns which are booked out at  Weekend, 2  Day Rates, Special Rates or Weekly Discounted rates are subject to the  Standard Daily Hire Rate with Accessories if applicable  plus delivery fee and refueling when returned earlier than the stipulated hire period.

3.Security Deposit. In addition to the fees listed in Section 2, Renter shall pay a deposit of $ 100.00 at the time this Agreement is signed. Owner may use the deposit to cover any amounts due towards this Agreement.

4.Extensions & Late Payments. Equipment is considered on hire until pickup or return to owner and has a 1-hour “grace” period before daily charges are added. A 4 hour extension is available. Any extension outside of a 4 Hour Extension is considered a FULL Day Rate.

5.Location of Equipment. During the Term, Equipment shall be located at the Delivery Address stated on front of Rental Agreement, unless expressly agreed otherwise in writing by Owner or during refueling at the nearest refueling station or in transit to return to the owner.

6.Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals. Machinery and Equipment NOT CLEANED PRIOR to pick up is subject to a $35 Cleaning Fee.

7. Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including but not limited to labor, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.

8. Insurance. Renter must carry insurance satisfactory to Owner equal to the value of the Equipment to ensure its full replacement, unless agreed otherwise in writing by Owner. Hirer/s are responsible for Public Liability Insurance with respect to Hirer/s or Employees to Indemnify 1800Digit Pty Ltd/13000Digit Pty Ltd for and claims or costs, litigations, legal fees. Hirer/s are to provide written report within 7 days should any Damage to hired equipment, or Property damage occur. An Incident Report is required when personal Injury occurs which may as required be forwarded to Equipment Manufacturer to better assess if machine Modifications are required.

9. Restrictions on Use. Renter shall not:

• Permit the Equipment to be used by any person who is not authorized to use such Equipment;
• Operate or use the Equipment or permit it to be operated or used in violation of law and hirer/s will indemnify Owner for any Road Rule breaches or enforcement notices in the case of Registered machinery or vehicles.
• Operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
• Operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment. Damage, repair or alter equipment in any way or Lose possession of the equipment.
• Be affected by drugs and/or alcohol or medications (prescribed or otherwise) in any way. Hold a Current driver’s license with address shown and be not less than 25 years of age or more than 67 years of age.
• Tamper with the hired machinery or any item attached to the machinery.
• Tamper or interfere with any electronic equipment attached to machinery, vehicle or trailer so as to inhibit recovery.
• Unregistered items are to be used within the boundaries of the delivered premises and the hirer/s will indemnify Owner for any traffic or infringement breaches if used outside the boundaries.

10. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.

11. Condition of Equipment. The Condition of Equipment Checklist (“Checklist”) attached is hereby incorporate by reference. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist. 18000 DIG IT PTY LTD MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, AND USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

12. Return of Equipment. Renter shall return Equipment on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment to the agreed return location. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment. It is specifically Acknowledged by Hirer/s that declared weeds and declared pests such as Red Fire Ants are removed from equipment prior to return.

13. Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.

14. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s  wilful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Ownership. You acknowledge that the Owner shall at all times retain ownership and title to the Equipment. Your rights to use the equipment are as BAILEE ONLY. Renter shall immediately notify 18000 DIG IT™ PTY LTD trading as CUT PRICE MACHINERY HIRE™ in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold 18000 DIG IT™ PTY LTD trading as CUT PRICE MACHINERY HIRE™ harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.

16. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.

17. BREACH OF HIRE CONTRACT BY HIRER/S. If the Customer breaches any clause whatsoever of this Contract, or becomes bankrupt, insolvent, allows any person to threaten to seize, offer to sell, assign, sublet, mortgage, or create any form of charge or Security Interest over equipment, has a lien attached to equipment or ceases business then 18000 DIG IT™ PTY LTD trading as CUT PRICE MACHINERY HIRE™ shall be entitled to:

• Terminate this Contract; and/or
• Sue for recovery of all monies owing by the Customer; and/or
• Repossess the Equipment (and we or Third party Owners are authorized to enter any premises where the Equipment is located to seize the Equipment).
• At your cost, take all steps necessary, including legal action to recover the Equipment and you consent to us entering your premises to recover equipment.
• Machinery & Accessories is deemed “On Hire” until returned to Cut Price Machinery Hire and charges are added accordingly.

18. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.

19. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.

20. THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY FOR THEFT even in the following circumstances: –

• Where the Customer has failed to keep the Equipment in a securely locked Compound, or in the case of a Motor Vehicle, has failed to properly secure or lock the Motor Vehicle; or failed to use locking apparatus supplied for trailer/s if included in rental.
• Failed to secure the vehicle or key in a safe place.
• Where the Customer has failed to submit to 18000 DIG IT™ PTY LTD trading as CUT PRICE MACHINERY HIRE™ a Police Report on the theft within 7 days
• Equipment is considered still “on hire to hirer/s” and daily fees will be charged UNTIL a Police Report Number is provided and a fully completed “Hirer/Collision Damage Report Form” is provided by Hirer/s. The Hirer Collision/Damage Report Form is accepted by 18000 DIG IT™ PTY LTD on the basis that our Insurer or ourselves need the form suitably filled in to complete an accident insurance claim and on other parties if applicable to the accident or loss and as such may require you to provide further information and will notify the Hirer/s of its acceptance or NON acceptance.

21. PPSA. We may register a Security Interest over Equipment as per this Hire Agreement and Equipment may come from a Third Party Owner, and if this occurs, Title of the Equipment remains with the Third party Owner who also may register a Security Interest over the Equipment.

22. GOVERNING LAW. This Hire Agreement is governed by the laws of Queensland and each party submits to its jurisdiction.

23. DAMAGE WAIVER. On payment of the “Damage Waiver Excess Reduction” Fee as shown on the Rental Agreement 18000 DIG IT™ PTY LTD trading as CUT PRICE MACHINERY HIRE™ will LIMIT the Customers Liability to a $500 EXCESS towards the repair cost and recovery of Equipment.

24. ENVIRONMENTAL COMPLIANCE. Prior to the commencement of Machinery Use, the Hirer/s acknowledge they are legally responsible for ensuring any proposed works are carried out in accordance with relevant legislation addressing, but not necessarily limited to Environmental, Cultural Heritage and Native Title issues, Work Place Health and Safety, Bio security matters and the Red Imported Fire Ants (RIFA).

It is Acknowledged by 18000 DIG IT™ PTY LTD trading as CUT PRICE MACHINERY HIRE™ that the person/s hiring the equipment has already all the enviro permits and approvals needed to carry out works safely and according to legislation BEFORE they hire the equipment and Operate it.

At NO STAGE is18000 DIG IT™ PTY LTD trading as CUT PRICE MACHINERY HIRE™ is Responsible in Any Way for repercussions as a result of NON-Compliance by Hirer/s specifically on the above items.

This map shows the bio security zones for fire ants within South East Queensland. Check if your suburb is subject to movement restrictions.

25. Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.