Terms and conditions

 

Equipment Hire Terms & Conditions

These Terms & Conditions govern the hire of equipment from Jet Excavation ("we", "our", or "us"). By booking, collecting, accepting delivery of, or using our equipment, you ("the Hirer" or "Customer") agree to be bound by these Terms & Conditions.

1. Equipment Hire

Jet Excavation agrees to hire equipment to the Hirer for the agreed rental period as specified in the booking, invoice, quotation, or hire confirmation. All equipment remains the property of Jet Excavation at all times.

2. Hire Period

The hire period begins at the agreed collection or delivery time and ends at the agreed return or collection time.

Additional hire charges may apply if equipment is returned late or if the hire period is extended without prior written approval. Any extension of the hire period is subject to Jet Excavation's availability and written confirmation.

3. Hire Charges and Payment

All hire fees must be paid in accordance with the agreed payment terms, unless otherwise approved in writing.

Additional charges may apply for:

• Extended hire periods.
• Damage, loss, or theft of equipment.
• Cleaning or excessive wear.
• Fuel replacement where equipment is returned without being refuelled.
• Delivery and collection services, where applicable.

Any costs incurred in recovering overdue payments may be recovered from the Hirer.

4. Use of Equipment

The Hirer agrees to:

• Use the equipment safely, responsibly, and only for its intended purpose.
• Ensure all operators are competent and appropriately licensed or qualified where required.
• Comply with all applicable laws, regulations, and workplace health and safety requirements.
• Not allow unauthorised persons to operate the equipment.
• Not use the equipment for any unlawful, dangerous, or negligent purpose.
• Return equipment clean and refuelled to the same level as supplied unless otherwise agreed.

5. Maintenance and Care

The Hirer is responsible for taking reasonable care of the equipment throughout the hire period.

The Hirer must:

• Perform routine daily checks where appropriate.
• Stop using the equipment immediately if a fault develops.
• Notify Jet Excavation promptly of any malfunction or damage.
• Not attempt repairs unless authorised by Jet Excavation.

Jet Excavation is responsible for repairs resulting from normal wear and tear only.

6. Loss, Damage and Theft

The Hirer is responsible for the equipment from the time it is collected or delivered until it is returned or collected by Jet Excavation.

The Hirer is liable for:

• Loss or theft of equipment.
• Accidental or malicious damage.
• Damage caused through misuse, negligence, improper operation, or failure to follow instructions.

The Hirer must notify Jet Excavation immediately if equipment is lost, stolen, damaged, or involved in an accident and will be responsible for the reasonable costs of repair or replacement where applicable.

7. Risk and Liability

The Hirer assumes all risks associated with the use, operation, transport, and storage of the equipment during the hire period.

To the maximum extent permitted by law, Jet Excavation is not liable for:

• Personal injury.
• Property damage.
• Loss of income.
• Project delays.
• Consequential or indirect losses arising from the hire or use of the equipment.

Nothing in these Terms excludes any rights that cannot be excluded under the Australian Consumer Law.

8. Indemnity

The Hirer agrees to indemnify and hold harmless Jet Excavation, its owners, employees, contractors, and agents against any claims, losses, damages, liabilities, costs, or expenses arising from:

• The Hirer's use of the equipment.
• Injury or death.
• Property damage.
• Breach of these Terms & Conditions.
• Breach of any applicable law or regulation.

9. Ownership

All hired equipment remains the sole property of Jet Excavation at all times. The Hirer acquires no ownership rights in the equipment.

10. Default

Jet Excavation may terminate the hire agreement immediately if the Hirer:

• Breaches these Terms & Conditions.
• Fails to make payment when due.
• Uses the equipment improperly or unlawfully.
• Refuses to return the equipment when requested.

Jet Excavation reserves the right to recover its equipment without prior notice where legally permitted. The Hirer remains liable for all outstanding charges and any associated recovery costs.

11. Governing Law

These Terms & Conditions are governed by the laws of the State of Victoria, Australia. Any disputes arising from the hire of equipment shall be subject to the jurisdiction of the courts of Victoria.

12. Entire Agreement

These Terms & Conditions constitute the entire agreement between Jet Excavation and the Hirer in relation to the hire of equipment and supersede all prior discussions, representations, or agreements relating to the same subject matter.

13. Acceptance

By requesting a booking, accepting delivery, collecting equipment, making payment, or using the equipment, the Hirer acknowledges that they have read, understood, and agree to these Terms & Conditions.