Digger and Loader Hire Agreement

Terms and Conditions


    The Hirer shall lease the Equipment for the Hire Period.

    Trailer Hire Company may, in its discretion, agree to extend the Hire Period, should this occur then either a new Hire Agreement will be signed, or conditions will remain the same as the original Hire Agreement

  2. When We refer to the following terms in this document:

    “ACL” means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

    “Chain of Responsibility” means legislation that extends liability for Road Law offences to all parties whose actions, inactions or demands influence conduct on the road particularly in relation to speed, fatigue, vehicle standards, vehicle roadworthiness, load restraint, and mass and dimension.

    “Consumer” means a consumer as that term is defined in the ACL.

    “consumer contract” has the same meaning as in the ACL.

    “Consumer Guarantees” means the guarantees relating to the supply of goods and services contained in the ACL.

    “Environmental Laws” means any statute, regulations or other laws made or issued by a regulatory body or government regulating or otherwise relating to the environment including without limitation the use or protection of the environment.

    “Equipment” means any equipment provided by Us to You under the Hire Agreement, including any associated or attached tools, accessories and parts available for hire.

    “Expected Off Hire Date” means the date that You expect the Hire Period to end. This date is set out in the Hire Schedule.

    “Hire Charge” or “Hire Charges” means the rates and charges payable by You for the hire of the Equipment.

    “Hire Period” means the period described in clause 4.

    “Hire Schedule” means the document provided by Us to You which includes details of the Equipment You have hired, the Hire Charge, any other applicable charges, the Expected Off Hire Date and the address for delivery of the Equipment.

    “Licence to Perform High Risk Work” means a validly issued licence issued by the relevant workplace health and safety departments of each respective state government required for the operation of Equipment which is considered to be high risk.

    “Long Distance Location” is a location in excess of 50km from Our nearest

    “New Replacement Cost” means the cost to replace the Equipment with a new item of the same equipment, or if the same equipment is not available, then the cost to replace the Equipment with a new item of equipment of the same quality, function and capacity.

    “Non Excludable Provision” has the meaning set out in clause 16.3.

    “Off Hire Date” has the meaning set out in clause 5.5.

    “Off Hire Number” is the number given by Us to You on the Off Hire Date.

    “Regulatory Authority” means any public authority or government agency responsible for regulating the performance of electrical works.

    “Related Body Corporate” has the same meaning as in the Corporations Act 2001.

    “Relevant Documents” means:

    (a) the completed Hire Agreement; and

    (b) any Guarantee, Indemnity & Charge which guarantees all monies owing by You to Us.

    “Road Law” means any law, regulation or rule relating to the use of a road, restrictions on driving hours (in whichever legislative instrument those requirements may appear), mass, load and restraint requirements for the carriage of goods, dangerous goods, environmental impacts and speed and traffic requirements and includes the Heavy Vehicle National Law.

    ”small business contract” has the same meaning as in the ACL (as amended).

    “Special Conditions” means the Trailer Hire Company special conditions of hire July 2014 edition or as amended from time to time, located at www. coateshire.com.au.

    “We/Us/Our” means Trailer Hire Company Pty Ltd any Related or Authorised entities of Trailer Hire Company Pty Ltd and their successors and assigns.

    “You/Your” refers to the person, firm, organisation, partnership, corporation, trust or other entity hiring Equipment from Us. The reference to “You/Your” includes any of your employees, agents and contractors.

  1. OUR HIRE COMMITMENT TO YOU We agree to hire the Equipment to You and will:
    1. provide the Equipment to You in good working order; and
    2. subject to clause 8.6, allow You to exclusively use the Equipment during the Hire Period.
    1. The Hire Period commences at 8am on the date stated in the Hire Schedule.
    2. The Hire Period includes weekends and public holidays.
    3. A minimum Hire Period may apply. We will advise you at the time of hiring if a Minimum Hire Period applies. If You return the Equipment to Us before the expiration of the Minimum Hire Period, You are required to pay all Hire Charges in respect of the Minimum Hire Period.
    1. You will pay Us for the hire of the Equipment at the Hire Charge set out in the Hire Schedule.
    2. The Hire Schedule will specify the type of rate which will apply to You and the method of calculation, if the term is extended you will be charged at the rate in the Schedule.
    3. Additional Hire Charges as set out in the Hire Schedule will apply if the Equipment is used for more than 8 hours per day.
    4. You will be charged for the hire of Equipment for the full Hire Period.
    5. Hire Charges will commence from the Hire Period and continue until the hire end date. The Equipment must be returned by no later than 8am on the hire end date, otherwise We reserve the right to charge additional Hire Charges.
  1. OTHER CHARGES In addition to the Hire Charges, You agree to pay:
    1. for any consumables, fuel or trade materials We supply to You;
    2. if You do not return the Equipment in clean and good working condition, charges for the cleaning and repair of the Equipment;
    3. a charge for refilling water or fuel tanks;
    4. any stamp duty or GST arising out of this Hire Agreement;
    5. any other applicable levies, fines, penalties and any other government charges arising out of Your use of the Equipment;
    6. charges for payment made by credit card;
    7. an environmental charge in relation to any item of Equipment, as detailed in the Hire Schedule;
    8. any reasonable charges incurred by Us if we are unable to inspect or carry out maintenance on the Equipment during normal working hours; and
    9. if applicable, the Insurance Waiver charge as set out in the schedule; and
    10. any security deposit necessary as set out in the schedule.

7.1 You must pay all Hire Charges and other fees, charges and costs prior to collecting the equipment.

7.2 We are entitled to recover any fees owing for damage, cleaning, rental fees, overdue fees or any other associated cost, fee or fine from the security deposit held.


8.1 This Hire Agreement is personal to You and You must not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.

8.2 You agree that before taking delivery of the Equipment, You have satisfied Yourself as to the suitability and condition of the Equipment and You will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer. We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.

8.3 You must:

  1. operate the Equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s instructions;
  2. ensure persons operating the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment and where necessary, hold a current licence to perform that work;
  3. wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Us or the manufacturer;
  4. ensure that no persons operating the Equipment are under the influence of drugs or alcohol;
  5. conduct a job safety analysis prior to using the Equipment;
  6. ensure that no persons carry illegal, prohibited or dangerous substances in or on the Equipment; and
  7. display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Equipment.

8.4 You must:

  1. clean, fuel, lubricate and keep the Equipment in good condition and in accordance with the manufacturer’s and Our instructions at Your own cost;
  2. not in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent;
  3. not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment;
  4. not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment.

8.5 At all times during the Hire Period, You must store the Equipment safely and securely.

8.6 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.

8.7 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.

8.8 You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.

8.9 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.

8.10 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.

8.11 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You.


9.1 You acknowledge that We own the Equipment and in all circumstances We retain title to the Equipment. Your rights to use the Equipment are as a bailee only.

9.2 You are not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Equipment in any way.

9.3 You acknowledge that We may hire or lease Equipment from a third party if we cannot provide the Equipment to You (“Third Party Owner”), and if this occurs, title in the Equipment remains with the Third Party Owner.

9.4 GPS Tracking device

  1. The customer authorises the owner to use a GPS tracking device to track the trailer’s location. The owner must advise the customer if such a device is used in the trailer.
  2. The customer must comply with any applicable law relating such devises including the disclosure of the tracking device to any operator of the trailer, the need for any operators consent and to prominently display presence of any such device on the trailer

You are responsible for any loss, theft or damage to the Equipment from any and every event whatsoever and howsoever and by whosoever caused during the Hire Period except where any such loss, theft or damage was caused by Our actions.


11.1 You must return the Equipment to Us in the same clean condition and good working order it was in when You received it, ordinary fair wear and tear excluded. If You do not properly clean the Equipment or in Our view (acting reasonably) the Equipment is not decontaminated, We will charge You a cleaning cost in accordance with clause 6(c) and You will be liable to continue to pay the Hire Charges for that portion of the Hire Period during which the Equipment is being cleaned by Us (and notwithstanding that You may have provided a clearance report that the Equipment is not contaminated).

11.2 Except in the circumstances set out in clause 12.3 below, it is Your responsibility to return the Equipment to the branch You hired it from during normal business hours.

11.3 If We have agreed to collect the Equipment from You, You must ensure it is kept safe and secure until the time of collection.


12.1 In the event that the Equipment breaks down or becomes unsafe to use during the Hire Period You must:

  1. immediately stop using the Equipment and notify Us;
  2. take all steps necessary to prevent injury occurring to persons or property as a result of the condition of the Equipment;
  3. take all steps necessary to prevent any further damage to the Equipment itself; and
  4. not repair or attempt to repair the Equipment without Our written consent.

12.2 We will:

  1. take all reasonable steps to repair the Equipment or provide suitable substitute Equipment as soon as reasonably possible after being notified by You; and
  2. not impose a Hire Charge for that portion of the Hire Period for which the Equipment was broken down or unsafe, nor the costs associated with any repair or replacement of the Equipment.

13.1 If the Equipment has broken down or become unsafe to use as a result of Your acts or omissions, (or the acts or omissions of Your employees or contractors) or if the Equipment is lost, stolen or damaged beyond fair wear and tear during the Hire Period, You will be liable for:

  1. any costs incurred by Us to recover and repair or replace the Equipment; and
  2. the Hire Charges for that portion of the Hire Period during which the Equipment is being recovered and repaired or replaced,
  3. except where You have paid the Insurance Waiver Fee, in which case Your liability is subject to clause 14 below.

13.2 Provided that You pay the costs and charges described in clause 13.1, We will return or replace the Equipment, and You must continue to pay the Hire Charges for the remainder of the Hire Period.


14.1 The Insurance Waiver (‘Insurance Waiver’) is not insurance, but is an agreement by Us to limit Your liability in certain circumstances for loss, theft or damage to the Equipment to an amount called the insurance Waiver Excess.

14.2 The insurance Waiver Fee will be charged to You in addition to Your Hire Charges and will be set out in Your Hire Schedule.

14.3 Where You have paid the insurance Waiver Fee, We will waive Our right to claim against You for loss, theft or damage to the Equipment if:

  1. for theft, You have promptly reported the incident to the police and provided Us with a written police report;
  2. You have co-operated with Us and provided Us with the details of the incident, including any written or photographic evidence We require;
  3. the loss, theft or damage does not fall into one or more of the circumstances set below; and

14.4 Even if You have paid the insurance Waiver Fee, We will not waive Our rights to claim against You for loss, theft or damage to the Equipment and insurance Waiver will not apply if the loss, theft or damage:

  1. has arisen as a result of Your breach of a clause of this Hire Agreement;
  2. has been caused by Your negligent act or omission;
  3. has arisen as a result of Your use of the Equipment in violation of any laws;
  4. has been caused by Your failure to use the Equipment for its intended purpose or in accordance with Our instructions or the manufacturer’s instructions;
  5. occurs to the Equipment whilst it is located, used, loaded, unloaded, transported on or over water, wharves, bridges or vessels of any kind;
  6. has been caused by a lack of lubrication or a failure to properly service or maintain the Equipment;
  7. has been caused by collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object due to insufficient clearance;
  8. has been caused by the overloading of the Equipment or any components thereof;
  9. is to motors or other electrical Equipment or components within the Equipment caused by electrical overload, a surge in electrical current or the use of under-rated or excessive lengths of extension leads with the electrical Equipment;
  10. is caused by exposure to any corrosive or caustic substance, such as cyanide, salt water, acid, etc;
  11. is caused by vandalism;
  12. is to tyres or tubes; or
  13. is to windscreens, mirrors, glass, or perspex.

15.1 A guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to this Hire Agreement or its subject matter are excluded to the maximum extent permitted by law.

15.2 Nothing in this Hire Agreement excludes, restricts or modifies any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Consumer Guarantees.

15.3 We will not be liable to You for any consequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption, wasted costs You have incurred, amounts that you are liable to Your customers for or any loss suffered by third parties under or relating to this Hire Agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

15.4 You are liable for and indemnify Us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Us and any environmental loss, cost, damage or expense) in respect of:

  1. personal injury;
  2. damage to property; or
  3. a claim by a third party,

In respect of Your hire or use of the Equipment or Your breach of the Hire Agreement. Your liability under this indemnity is diminished to the extent that Our breach of the Hire Agreement or Our negligence causes the liability, claims, damage, loss, costs or expenses.


16.1 We may terminate the Hire Agreement immediately if You or any third party has made a false statement in, or breached any provision of the Relevant Documents.

16.2 These rights of termination are in addition to any other rights either party has under the Hire Agreement and does not exclude any right or remedy under law or equity.


If You are in breach of the Hire Agreement or if the Hire Agreement or a Hire Period has been terminated under clause 16, We may, at Your cost, take all steps necessary (including legal action) to recover the Equipment, including entering Your premises to do so and You expressly consent to Us entering Your premises for the purposes of recovering Our Equipment.


If You collect or receive the Equipment and find that it is broken, damaged and/or defective, You must notify Us within 24 hours after You collect or receive the Equipment. If You do not notify Us within this time period, We are entitled to assume that the Equipment You collected or received was in good order and condition.


You remain responsible for daily maintenance and care of all Equipment, including but not limited to, checking of all fluids (fuel, oil, water, battery levels, waste tanks etc.), checking of all hoses (hydraulic, fuel and water), general tightening of any loose nuts, bolts, belts or fittings and lubrication of all grease points.


20.1 We will comply with the Australian Privacy Principles in all dealings with You.

20.2 We may need to collect personal information about You, including but not limited to, Your full name and address, drivers licence details, credit card details and date of birth. You consent to Us using Your personal information in order to:

  1. fulfill functions associated with the hire of Equipment to You;
  2. provide services to You;
  3. prevent theft of Our Equipment;

20.3 You have the right to access the personal information We hold about You.


21.1 Neither party will be responsible for any delays in delivery or installation due to causes beyond their control including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.

21.2 Nothing in clause 22.1 will limit or exclude Your responsibility and liability under the Hire Agreement for Equipment that is lost, stolen or damaged beyond fair wear and tear during the Hire Period, or has broken down or become unsafe to use as a result of Your conduct or negligence.


The Hire Agreement is governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of that State in respect of any proceedings arising in connection with the Hire Agreement. Each party waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.


The Hire Agreement comprises the entire agreement between the parties. No additional terms and conditions (including any terms contained in any purchase order supplied by You) apply to the hire of the Equipment.


You acknowledge that neither We nor any person acting on Our behalf have made any representation or other inducement to You to enter into the Hire Agreement and You have not entered into the Hire Agreement in reliance on any representations or inducements (including in relation to the use of the Equipment) except for those representations contained in this Hire Agreement.


25.1 The person signing or accepting the terms of any document which forms part of the Hire Agreement or Relevant Documents for and on behalf of You hereby warrants that he or she has Your authority to enter into the Hire Agreement on Your behalf and grant the security interests in connection with it and is empowered to bind You to the Hire Agreement and each security interest granted in connection with it.

25.2 The person signing or accepting the terms of this Hire Agreement indemnifies Us against all losses, costs and claims incurred by Us arising out of the person so signing this Hire Agreement not in fact having such power and/or authority.