DRY HIRE AGREEMENT

This dry hire agreement ("The Agreement") is exclusively between:

1. AGREEMENT DETAILS:

2.

SCHEDULE OF HIRE DETAILS ("THE SCHEDULE")

PLANT / EQUIPMENT PARTICULARS

PROJECT PARTICULARS

RESPONSIBILITIES

-Party responsible for safe storage of plant, attachments and equipment	Hirer / Owner
-Party responsible for keeping plant, attachments and equipment in good working order	Hirer / Owner
-Party responsible for daily greasing of ALL grease points on plant and attachments and top up of fluids as required. (Daily servicing)	Hirer / Owner
-Party responsible for supply of materials and equipment to carry out daily servicing.	Hirer / Owner
-Party responsible for fuel(s) supply	Hirer
-Party responsible for wear and tear on tyres and/or tracks	Owner
-Party responsible for damage to tyres and/or tracks	Hirer
-Party responsible for cleaning plant, attachments and equipment at Completion of works	Hirer
-Party responsible for any and all loss or damage	Hirer

DRY HIRE AGREEMENT

3

DRY HIRE TERMS & CONDITIONS ("TERMS")

1. Definitions

1.1'Minimum Hire Period “means the period from the Commencement Date until the Expected Completion Date.

1.2 "Plant and Equipment" means the items specified in the Schedule and includes but is not limited to any item of plant, and any tools, accessories, parts, items of equipment and devices affixed to or supplied with such plant, equipment let by the Owner to the Hirer; and

1.3"Hire Price" means the price payable for the hire of the Plant and Equipment calculated in accordance with the Hire Rates set out in the Schedule.

2. Hire of Plant and Equipment and Basis of Rates

2.1 The Owner will hire the Plant and Equipment to the Hirer for the Hire Period and the Hirer agrees to take the Plant and Equipment on hire and pay the Hire Price.

2.2 The hire period may be extended beyond the originally agreed Hire Period by agreement between the parties.

2.3 The Hire Price is payable for the entire Hire Period, during any extension to this Agreement, during any period the Plant and Equipment remains in possession of the Hirer and during any period in which repairs are being undertaken.

2.4 Without limiting clause 2.2 and 2.3 above, where the term of the hire is extended beyond the Minimum Hire Period the Owner reserves the right to review and alter the Hire Price.

2.5 Delivery and collection costs are payable by the Hirer at the rate specified in the Schedule.

2.6 Property Maintenance SA retains title in all goods and materials forming part of the Works supplied to the Client under this Agreement until such time as the Works have been paid for in full. The Client must not seek to transfer, charge or otherwise deal with any goods or materials forming part of the Works until such time as the Works have been paid for in full.

3.Payment Terms

3.1 The Hirer must pay all amounts levied by the Owner either:(a) within 7 days of provision of a tax invoice for the hire; or (b) in accordance with the terms of the tax invoice if longer terms are agreed; or (c) In accordance with the payment terms set out in the Schedule.

3.2 Unless stated otherwise, all prices include GST.

3.3 Interest on overdue invoices shall accrue dally from the date when payment becomes due, until the date of payment, at a rate of 15% per annum, calculated daily.

3.4 The Hirer will pay the Owner's costs and disbursements incurred in pursuing any recovery action or any other claim or remedy against the Hirer including collection costs, debt recovery fees and legal costs, resulting from the Hirer's failure to make due payment.

4. Use of Plant and Equipment

4.1. The Hirer must not, without the prior consent of the Owner ,make any alterations, additions or replacements to the Plant and Equipment.

4.2 The Hirer must:

(a) comply with the Hirer's responsibilities outlined in the Schedule:

(b) keep and maintain the Plant and Equipment in proper working order and good and substantial repair:

(c) employ only persons who are properly trained and competent in the use of the Plant and Equipment and, where required by Workplace Health and Safety Standards, have all applicable licences, tickets or other approvals required to safely operate the Plant and Equipment

(d) comply with all relevant laws, regulations, rules and by-laws governing or relating to the use and operation of the Plant and Equipment.

(d) Safely operate the Plant and Equipment.

(f) notify the Owner of any accident resulting in injury to persons or damage to property (including damage to the Plant and Equipment) Involving the Plant and Equipment within 12 hours of the date of the accident.

(g) not remove the Plant and Equipment from the Job Site without the prior written consent of the Owner;

(h) secure the Plant and Equipment when not in use and ensure that all reasonable measures are taken to protect the Plant and Equipment against acts of theft and vandalism; and

(i) return the Plant and Equipment In the same condition as it was hired.

5. Title to Plant & Equipment, Risk and Insurance

5.1 The Plant and Equipment Is and will at all times remain the absolute property of the Owner.

5.2 Without limiting clause 5.1 all risk for the Plant and Equipment passes to the Hirer on delivery and remains with the Hirer until the Plant and Equipment is returned to the Owners possession.

5.3 The Hirer is not authorized to create a lien over the Plant and Equipment.

5.4. The Hirer will insure the Owner's interest in the Plant and Equipment against physical loss or damage Including, but not limited to the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to any person or property arising out of the use of the Plant and Equipment. Further the Hirer will not use the Plant and Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

5.5 Without limiting clause 5.4 above and irrespective of whether the Hirer has effected adequate: insurance cover the Hirer accepts full responsibility for and shall keep the Owner Indemnified against all liability in respect of all actions, proceedings. claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Plant and Equipment during the hire period however arising and whether or not arising from any negligence, failure or omission of the Hirer or any other persons.

5.6 Without limiting clause 5.4 above and irrespective of whether the Hirer has effected adequate insurance cover the Hirer accepts full responsibility for the safekeeping of the Plant and Equipment and Indemnifies the Owner for all loss, theft or damage to the Plant and Equipment howsoever caused and whether or not such loss, theft or damage is attributable to any negligence failure or omission of the Hirer.

6.PPS Law

6.1 The Hirer acknowledges and agrees that to the extent this Agreement creates a PPS lease, as defined in the PPS Act, the Owner has a security interest in the Plant and Equipment for the purposes of the Personal Property Securities Act 2009 (Cth) as amended (the PPS Act), and to the extent applicable the PPS Act applies.

6.2 If the Owner does not have at the Commencement Date or otherwise obtain within 15 business days of the Commencement Date a PPS Law registration ensuring a perfected first priority security interest in the Plant and Equipment, the term of hire,(including any extension) may not, despite anything else in this document or Schedule, be longer than 90 days.

6.3 The Hirer acknowledges that the Owner may do anything reasonably necessary, including but not limited to registering any security interest which the Owner has over the Plant and Equipment on the Personal Property Securities Register in order to perfect the security Interest and comply with the requirement of the PPS Act. The Hirer agrees to provide, without charge, all information and do all things reasonably necessary to assist the Owner to undertake the matters set out above.

6.4 The Hirer waives lts rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.

Initial: .....................       Date : ......./......../20.......

Property Maintenance SA

Admin@PropertyMaintenanceSA.com

DRY HIRE AGREEMENT

RETURN CONDITIONS

Return times for plant and equipment:

By arrangement, up until 6.00pm

Plant, attachments and/or equipment are to be returned:

·Clean-as when delivered

·Full tank of fuel: Diesel for the Mini Excavator

                            Unleaded Petrol for the Mini Loader

· in good working order-as delivered

Charges apply if the above is not met:

·Late return fee of $100 (unless agreed prior)

·Cleaning fee of $30 per 15 minutes

·Diesel / petrol at $3.50 per litre

·Labor and equipment costs of repair

When returning Mini Excavator and/or Mini Loader-receipts for refuelling must be available upon request.

If you require a mechanic or a member of our team to come out to the job site and it is due to operator error call out fees apply, charges are: $80 per hour Monday to Friday between 8am and 5pm. $120 per hour after hours including Saturday and Sunday. If the cause of the problem is due to operator error and a mechanic is called to site, then any invoiced amounts for repair will be passed on to you “the Hirer".

Please note that damage to the plant is not always apparent at the time of return. Due to this reason, we reserve the right to advise you when the plant is next in full use if there is a problem and will charge accordingly. We reserve the right to keep your credit card details on file and charge where necessary.

Deposits held will be refunded within a reasonable timeframe and once hired property is returned and deemed to be in satisfactory condition.

I agree to the return conditions as noted in this form.

Signed: ....................................................       Date: ......./......../20.......

                                   Hirer

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