Equipment Hire T & Cs - JD Electrical

In this Agreement:

“Owner” means JD Electrical (ABN: 29 644 739 748).
“Hirer” means the person or company named in the Hire Details above.
“Equipment” means the scissor lift and any accessories supplied under this Agreement.
“Hire Period” means the period from the Hire Start Date until the Equipment is returned and accepted by the Owner.
“Dry Hire” means the Equipment is provided without an operator. The Hirer is solely responsible for operation.

This is a dry hire arrangement. The Owner provides no operator, supervision, or instruction.

The Hirer must ensure all operators hold a current, valid High Risk Work (HRW) licence for Elevated Work Platforms (EWP) as required by applicable state/territory WHS legislation.
The Hirer must conduct a site-specific risk assessment and pre-operational inspection before each use.
The Hirer warrants that all operators are competent and authorised to operate the Equipment.
The Owner accepts no liability for injuries, incidents, or damage arising from unlicensed or incompetent operation.

Risk in the Equipment passes to the Hirer upon delivery or collection from the Owner’s premises.
Risk returns to the Owner only upon physical return and written acceptance of the Equipment by the Owner.
The Hirer is responsible for all costs associated with delivery, collection, and transport unless otherwise agreed in writing.
The Hirer must ensure adequate access, ground conditions, and loading/unloading arrangements at the site.

Hire charges begin on the Hire Start Date and continue until the Equipment is returned, regardless of whether the Equipment is used.
Payment is due as specified in the invoice. Late payment may attract interest at 2% per month on the outstanding balance.
The Owner reserves the right to charge for additional hire days if the Equipment is not returned by the agreed date.
A deposit or bond may be required prior to hire commencing and will be held until the Equipment is returned in satisfactory condition.
GST is applicable to all charges.

During the Hire Period, the Hirer must:

Operate the Equipment only for its intended purpose and within its rated capacity.
Comply with all applicable WHS laws, Safe Work Method Statements (SWMS), and the manufacturer’s operating manual.
Conduct a pre-start inspection before each use and cease operation immediately if a fault or defect is identified.
Notify the Owner immediately of any breakdown, accident, theft, or damage.
Not carry out any repairs, modifications, or alterations to the Equipment without the Owner’s prior written consent.
Secure the Equipment when not in use and prevent unauthorised access.
Not sub-hire or permit any third party to use the Equipment without the Owner’s prior written consent.
Return the Equipment clean, with a full fuel/charge, and in the same condition as received (fair wear and tear excepted).

The Hirer is responsible for all loss, theft, damage, or destruction of the Equipment during the Hire Period, regardless of cause (including fire, storm, flood, or accident).
The Hirer must maintain appropriate public liability insurance (minimum $10 million) and plant/equipment insurance covering the full replacement value of the Equipment for the duration of the Hire Period.
Proof of insurance must be provided to the Owner upon request.
The Hirer must not damage or remove any identification plates, serial numbers, or safety labels on the Equipment.
Damage costs will be assessed by the Owner and invoiced to the Hirer. The Hirer agrees to pay repair or replacement costs within 14 days of invoice.

The Owner warrants that the Equipment will be in safe working order at the commencement of hire.
The Hirer must report any breakdown or defect to the Owner immediately.
No hire charge adjustment will be made for breakdowns caused by operator misuse or failure to follow pre-start procedures.
Breakdowns attributable to fair wear and tear or mechanical failure (not caused by the Hirer) may be subject to a hire rate adjustment at the Owner’s discretion.
The Hirer must not attempt unauthorised repairs.

The Hirer must NOT:

Exceed the rated platform capacity or Safe Working Load (SWL).
Operate the Equipment on ground that exceeds the manufacturer’s maximum slope/gradient rating.
Use the Equipment near live electrical conductors without appropriate exclusion zones in place.
Operate in wind speeds exceeding the manufacturer’s rated maximum.
Use the Equipment as a crane, hoist, or lifting device.
Tow or transport the Equipment while in a raised position.
Operate under the influence of alcohol, drugs, or any impairment.

The Hirer indemnifies and holds harmless the Owner, its employees, and contractors against all claims, losses, damages, fines, and costs arising from the Hirer’s use of the Equipment, including injury to persons or damage to property.
The Owner’s liability under this Agreement is limited to the total hire charges paid by the Hirer for the relevant Hire Period.
The Owner is not liable for any indirect, consequential, or economic loss arising from the Equipment’s use or unavailability.
Nothing in this Agreement excludes any right or guarantee that cannot be excluded under Australian Consumer Law.

The Owner may terminate this Agreement immediately if the Hirer breaches any term of this Agreement, becomes insolvent, or uses the Equipment in a manner that creates a safety risk.
Upon termination, the Hirer must return the Equipment to the Owner immediately at the Hirer’s cost.
All outstanding charges remain payable upon termination.

In the event of a dispute, the parties agree to attempt resolution in good faith within 14 days of written notice of the dispute.
If unresolved, either party may escalate to mediation before pursuing any legal proceedings.
This Agreement is governed by the laws of [INSERT STATE/TERRITORY], Australia.

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions and representations.
Any variation to this Agreement must be in writing and signed by both parties.
If any provision of this Agreement is found to be unenforceable, the remaining provisions continue in full force.
The Owner’s failure to enforce any provision does not constitute a waiver of that right.

You can view and download our hire form here.