All prices quoted are based on Depot to Depot hire

For all self operated hire, a valid credit card imprint and a photo of the hirers drivers licence will be required.

Full payment required on day of hire.

OPERATED MACHINERY DISCLAIMER AND WAIVER

Urban Diggers Pty Ltd A.C.N. 620 433 123 (“UD”)

                                 _________________________________________ (“the Hirer”)

  1. Acceptance of Risk

I acknowledge that I have engaged UDto undertake work which involves digging and excavation on my property at my request and direction and understand that this work may involve significant risk of injury to myself, others and to the operator of UD, significant risk of property damage to my property or the equipment of UDand also significant risk of damage to infrastructure (including but not limited to underground pipes, ductwork, mains, wires, fibre optic and/or other cables, conduits and their supports) which may be above or underneath the ground.

  1. Disclaimer

In consideration of me permitting UDto undertake work on my property, I agree to assume the risks and liabilities for injuries to persons including myself, damage to property and damage to infrastructure arising from the work undertaken by UD.  Further I release, discharge and waive any claim I may or could in the future have against UDarising out of or incidental to the work undertaken by UDat my property, however caused and notwithstanding any negligence, breach of duty, breach of contract or breach of statutory duty on the part of UD.

  1. Indemnity

I agree to indemnify and save harmless UDagainst all claims, demands, actions, costs, whatsoever and howsoever arising out of or incidental to the work undertaken by UDon my property.

  1. No Action will be Taken

I agree to waive any right of action I may or could in the future have against or upon UDfor any personal injury or property damage claim, I may suffer as a result of or incidental to the work undertaken by UDon my property notwithstanding any negligence or breach of duty on the part of UD.

  1. Severability

As far as possible all provisions of this agreement will be construed so as not to be invalid, illegal or unenforceable in any respect.  If any provision on its true interpretation is illegal, invalid or unenforceable, that provision will, as far as possible, be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable and so as to give it a valid operation of a particular character. If any provision or part of it cannot be read down, that provision or part will be deemed to be void or severable and the remaining provisions of this agreement will not be affected or impaired.

  1. Interpretation

A reference to UDand to a party includes its directors, employees, agents, executors and assigns.

  1. Read and Understood

I acknowledge I have read and understood the above before UDcommenced work on my property.

Date:                 /                 /  2018

………………………………………………                   ……………………………………….

Full Name (“the Hirer”)                                     Signature

 

 

SELF OPERATED MACHINE DISCLAMER AND WAIVER

BETWEEN: (the Owner)AND: (the Hirer)BACKGROUND:

At the request of the Hirer, the Owner has agreed to hire the Equipment to the Hirer in accordance with the terms of this Agreement.

Capitalised words are defined terms and are defined at clause 23.1.

IT IS AGREED:

1. COMMENCEMENT AND HIRING PERIOD

  1. 1.1  This Agreement for the hire of the Equipment commences on the Commencement Date specified in Item 5 of the Schedule.
  2. 1.2  The Hiring Term ends on the End Date specified in Item 5 of the Schedule but the Hire Charges will continue to accrue until the Equipment has been collected by the Owner and is back in the Owner’scontrol or possession.
  3. 1.3  The Hiring Term includes weekends and public holidays.

2. OWNER’S POSITIVE OBLIGATIONS

2.1 The Owner will hire the Equipment to the Hirer and will:

  1. (a)  provide the Equipment in good working order; and
  2. (b)  allow the Hirer to have exclusive use of the Equipment during the Hire Period, subject to clause 6.1(n).

3. HIRE CHARGES

  1. 3.1  The Hirer must:
    1. (a)  pay to the Owner for the hire of the Equipment

      the Hire Charge Amount as set out in Item 6 of

      the Schedule;

    2. (b)  pay any other money due to the Owner under

      this Agreement on demand;

    3. (c)  make all payments to the Owner in the manner

      and at the times specified in the Agreement;

    4. (d)  pay the cost of transport of the Equipment from the Owner’s Business Address to the Hirer’sSite Address, unless this Agreement specifies

      otherwise; and

    5. (e)  pay the cost of transfer of the Equipment from

      the Hirer’s Site Address to the Owner’sBusiness Address, unless this Agreement specifies otherwise.

  2. 3.2  Item 6 of the Schedule sets out the type of rate which will apply to the Hirer and the method of calculation.
  3. 3.3  The Hirer will be charged Additional Hire Charges as set out in Item 6 of the Schedule if the Equipment is used for more than 8 hours per day.

3.4 The Hirer will continue to be charged for the hire of the Equipment for the full Hire Period. Accordingly, the Hirer must continue to pay the Hire Charges and other charges after the Hiring Term End Date if the Equipment has not been collected by the Owner due to the actions of the Hirer. This obligation survives termination of the Hire Agreement.

4. OTHER CHARGES

4.1 In addition to the Hire Charge Amount, the Hirer must pay:

  1. (a)  for any consumables, fuel or trade materials the Owner supplied to the Hirer;
  2. (b)  for the delivery and collection of the Equipment by the Owner;
  3. (c)  for any delays experienced by the Owner in delivering or collecting the Equipment at the agreed times;
  4. (d)  for any attachments required by the Hirer and supplied by the Owner;
  5. (e)  for the cost of cleaning and returning the Equipment to a good working condition, if the Equipment is returned by the Hirer in an unsatisfactory condition;
  6. (f)  any GST attributable to this Agreement;
  7. (g)  any other applicable fines, penalties and any other government charges arising out of the

    Hirer’s use of the Equipment;

  8. (h)  any reasonable charges incurred by the Owner if

    the Owner is unable to inspect or carry out maintenance on the Equipment during normal working hours; and

  9. (i)  for any Council approvals including but not limited to retaining walls over one (1) metre, pools, spas, footing for verandas and other building works, required as a result of the work being undertaken by the Hirer.

5. PAYMENT

  1. 5.1  The Hirer must pay all Hire Charges and other fees and charges that can be calculated at the Hiring Term Commencement Date prior to or on the Hiring Term Commencement Date. If payment has not been made in full by the Hirer, the Owner will not deliver the Equipment to the Hirer but the Hirer will be liable under this Agreement from the Hiring Term Commencement Date.
  2. 5.2  If other Charges become payable by the Hirer under this Agreement, the Hirer must pay the otherCharges within 14 days from the date of the Owner’sTax Invoice.

HIRE AGREEMENT

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  1. 5.3  If the Owner and Hirer agree to a longer Hiring Term
    then it is at the discretion of the Owner as to
    whether to require the Hirer to pay the Hire Charges
    at the Hiring Term Commencement Date or whether (i) the Hiring Charges will be invoiced monthly and if so

    payment must be made by the Hirer within 14 days (j)

    from the date of the Owner’s Tax Invoice.

  2. 5.4  If the Hirer does not pay the Owner’s Tax Invoice in (k)

    full by the Due Date, the Owner may charge, in
    addition to any other costs recoverable under this Agreement: (l)

    1. (a)  interest, calculated monthly, on the total amount outstanding, at the rate of 5%; and
    2. (b)  any costs and expenses incurred by the Owner
      in recovering any unpaid amounts under this (m) Agreement from the Hirer.
  3. 5.5  The Hirer must:-
    1. (a)  provide details of the valid driver’s licences for all

      personnel who will be using the Equipment in Item 3 of the Schedule prior to the Hiring Term Commencement Date; and

    2. (b)  provide details of a credit card or if a credit card
      is not available, provide a cash bond for $1,000.00, which is the amount of the Owner’s
      insurance excess. Once the Equipment is (n) collected and the Owner is satisfied with its

      condition, the credit card details will be destroyed (o) and the cash bond will be returned to the Hirer.

Owner’s Manual, and the reasonable requirements of the Owner, relating to the Equipment;
provide the Owner with Equipment records including daily start up checklists if requested; not use or continue to use the Equipment if the Equipment fails;

give prior notice to the Owner of its intention to carry out any major repairs or works to the Equipment;
comply with all laws and regulations relating to the Equipment, the use or possession of it and pay all fines or penalties of any nature incurred in the use or possession of the Equipment;

if the Equipment is registered, obtain and keep current any registrations and licences required in relation to the Equipment. If the Equipment is registered or licensed in the name of the Hirer, when the Hirer is obliged to return the Equipment to the Owner it must at the time of return sign and deliver to the Owner all documents, and pay all stamp duty and other fees, necessary to transfer the registration or licence of the Equipment to the Owner;

keep the Equipment under the personal control of the Hirer or its employees;
ensure, at all times during the Hire Period, store the Equipment safely and securely;

6. HIRER’S POSITIVE OBLIGATIONS

6.1 The Hirer will:

  1. (a)  before taking delivery of the Equipment, satisfy

    itself as to the suitability and condition of the

    Equipment;

  2. (b)  clean, fuel, lubricate and keep the Equipment in

    good working order and repair (normal wear and

    tear excepted), at its own cost;

  3. (c)  ensure the Equipment is used only for the

    purpose for which it was designed by the

    manufacturer;

  4. (d)  ensure persons operating the Equipment do so

    in a proper and skilful manner only and use

    properly trained and competent personnel;

  5. (e)  ensure that all persons operating the Equipment

    have a valid driver’s licence;

  6. (f)  ensure details of all persons operating the

    Equipment, such as full name, date of birth anddriver’s licence number, is provided to the Owner in Item 3 of this Agreement;

  7. (g)  be responsible for any damage to or repair of the Equipment;
  8. (h)  comply with the manufacturer’s instructions andrecommendations, including conducting pre- checks prior to daily start up as prescribed in the

7.

7.1

  1. (p)  notify the Owner immediately if the Hirer’saddress changes or if the Equipment is lost or damaged;
  2. (q)  allow the Owner to enter the Hirer’s SiteAddress and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If the Owner cannot inspect or maintain the Equipment during normal working hours, then additional charges may apply; and
  3. (r)  ensure the Equipment is not contaminated with any hazardous substances (including asbestos) during the Hire Period.

HIRER’S NEGATIVE OBLIGATIONS

The Hirer must not:

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(a) (b)

alter the Equipment, make any addition to it or install anything in or on it without the consent of the Owner;

use the Equipment for any purpose which isunlawful or which in the Owner’s reasonableopinion might endanger any person of the safety or condition of the Equipment or prejudice theOwner’s interest in it;

(c) alter or cover up any insignia, number or mark on the Equipment or any identifying plate or mark attached by the Owner;

  1. (d)  allow or authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless the Owner has provided its consent; and
  2. (e)  move or transport the Equipment to another site and if the Hirer requires the Equipment moved to another site, the Owner must agree and the Owner will transport the Equipment and a new Hire Agreement will be signed by the parties.

8. OWNERSHIP OF THE EQUIPMENT

8.1 The Hirer acknowledges that the Owner owns the Equipment and in all circumstances the Owner retains title in the Equipment. Your rights to use the Equipment are as a bailee only.

9. RISK, INDEMNITY AND LIMITATION OF LIABILITY

  1. 9.1  The Hirer assumes all risks and liability in relation to the Equipment and the use, repair and storage of it (including liability for injury to any person or damage to any property, whether direct or consequential but excluding liability to the extent caused by theOwner’s negligence or wilful misconduct).
  2. 9.2  The Hirer indemnifies the Owner against all liability, claims, damage, loss, taxes, costs and expenses incurred by the Owner as a result of:
    1. (a)  loss of or damage to the Equipment by any

      cause (including lawful confiscation). If the failure of the Equipment is due to a manufacturing defect or other malfunction directly caused by a manufacturing defect, the Owner will use its best endeavours to seek the replacement or repair of the Equipment by its manufacturer;

    2. (b)  any damage to property or death of, or injury to, any person caused directly or indirectly by the Equipment;
    3. (c)  any claim against the Owner in relation to the Equipment or the use or operation of it;
    4. (d)  any other thing in relation to which the Hirer has assumed the risk or liability under clause 9.1; and/or
    5. (e)  the occurrence of any Event of Default,

      except to the extent caused by the negligence or wilful misconduct of the Owner.

  3. 9.3  Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination and expiration of this Agreement. It is not necessary for a party to incur expense or make

any payment before enforcing a right of indemnity

conferred by this Agreement.
9.4 The Hirer must pay to the Owner on demand any

amount payable under the indemnities contained

in clauses 9.2 and 9.3.
9.5 Despite anything else in this Agreement:

  1. (a)  the total liability of the Owner to the Hirer arising in connection with this Agreement is, to the extent permitted by law, limited to the Hiring Charges; and
  2. (b)  the Owner will not have any liability to the Hirer for loss of profit, income, losses arising out of death or personal injury and loss of the opportunity to earn profits and indirect consequential loss.

9.6 The limitations in clause 9.5 shall continue to apply despite any breach or termination of this Agreement.

9.7 In the event that a Natural Disaster Event threatens or is experienced by the Hirer’s SiteAddress, then the Hirer will undertake its best endeavours to ensure that the Equipment is housed and/or taken to an area where it will be least exposed to the effects of the Natural Disaster. The Hirer will be responsible for all damage to and all costs associated with the repair or replacement of the Equipment in respect to the Natural Disaster.

10. OWNER’S POWERS

10.1 The Owner may do anything which should have been done by the Hirer under this Agreement but which the Hirer has not done or which the Owner reasonably considers that the Hirer has not done properly.

10.2 The Owner may at any time do anything at theOwner’s cost unless provided in the Agreement(including taking any legal proceedings) which the Owner considers desirable to protect or enforce its rights in relation to the Equipment. The Hirer irrevocably authorises the Owner to use the name of the Hirer, and to act on its behalf, in doing any such thing, provided however that the Owner must give two (2) days written notice of an intention to do so.

11. HIRER’S WARRANTIES

11.1 The Hirer warrants that by executing this Agreement and complying with its terms the Hirer does not contravene any law, or directive from a government body or agreement to which the Hirer is a party.

12. EXCLUSION OF WARRANTIES

12.1 The Hirer agrees that:

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  1. (a)  it is satisfied as to the condition, suitability and specification of the Equipment and its fitnessfor the Hirer’s purposes;
  2. (b)  neither the Owner nor anyone on its behalf has given any warranty or made any representation to the Hirer as the quality, fitness for any particular purpose, suitability or condition of the Equipment except that the Equipment will be of a reasonable quality; and
  3. (c)  all the Hirer’s obligations under this Agreement will continue despite any defect in, or breakdown of, the Equipment or any other matter concerning the Equipment, unless the defect in or breakdown of, the Equipment is caused by the misuse or mistreatment of theEquipment by the Hirer or the Hirer’semployees.
  1. 12.2  So far as the law permits all conditions and warranties by the Owner which might be implied (whether by statue or otherwise) in relation to this Agreement or the Equipment are excluded.
  2. 12.3  The Owner’s liability for a breach of any impliedcondition or warrant which cannot lawfully be excluded is limited (to the extent permitted by law)at the Owner’s discretion to replacing the Equipment, supplying equivalent Equipment, paying the cost of replacing the Equipment or acquiring equivalent Equipment, repairing the Equipment or paying the cost of repairing Equipment.
  3. 12.4  If any provision of this clause 12 is, or becomes, unlawful or void that provision is to be read down to the extent only to which it is unlawful or void.

13. BREAK DOWN OF EQUIPMENT

  1. 13.1  If during the Hire Term the Equipment breaks down or becomes unsafe to use and this has not occurred as a result of misuse or mistreatment ofthe Equipment by the Hirer or the Hirer’semployees, the Hirer must:
    1. (a)  cease using the Equipment immediately and notify the Owner on the same day as the break down;
    2. (b)  take all necessary steps to prevent injury occurring to persons or property as a result of the condition of the Equipment;
    3. (c)  take all necessary steps to prevent any further damage to the Equipment; and
    4. (d)  not repair or attempt to repair the Equipment without the consent of the Owner.
  2. 13.2  Upon receiving notice of the Hirer pursuant to clause 13.1, the Owner will, provided clause 14.1 does not apply:
  1. (a)  take all reasonable steps to repair the Equipment or provide suitable replacement Equipment; and
  2. (b)  not impose Hire Charges on the Hirer for that portion of the Hire Period for which the Equipment could not be used, nor the costs associated with any repair or replacement of the Equipment.

14. LOST, STOLEN OR DAMAGED EQUIPMENT

  1. 14.1  If during the Hire Term, the Equipment breaks down or becomes unsafe to use due to the acts ofthe Hirer or the Hirer’s employees or contractors,or if the Equipment is lost, stolen or damaged beyond fair wear and tear, the Hirer will be liable for:
    1. (a)  any costs incurred by the Owner to recover, repair and/or replace the Equipment; and
    2. (b)  the Hire Charges for that portion of the Hire Term during which the Equipment is being recovered, repaired and/or replaced.
  2. 14.2  If the Hirer pays the costs and charges set out in clause 14.1, the Owner will return or replace the Equipment, and the Hirer must continue to pay the Hire Charges for the remainder of the Hire Term.

15. DEFAULT

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15.1

An Event of Default occurs if:

  1. (a)  the Hirer does not pay on time any Hiring

    Charge or other money payable under this Agreement provided that the Owner has giventhree (3) Business Days’ notice of the failureto pay and the Hirer has still not paid the outstanding Hiring Charge;

  2. (b)  the Hirer does not comply with any other obligation under this Agreement and if the default can be rectified it is not rectified to theOwner’s satisfaction within seven (7) daysafter the Owner gives the Hirer a notice requiring the Hirer to do so;
  3. (c)  the Hirer becomes, or is likely to become, Insolvent;
  4. (d)  a receiver or receiver and manager is appointed to, or a mortgagee takespossession of, all or any part of the Hirer’sundertaking or assets;
  5. (e)  any distress or execution is threatened or levied against the Equipment or the Equipment is lawfully seized or impounded;
  6. (f)  any insurance policy in relation to the Equipment is cancelled due to any act or omission of the Hirer and if no replacement insurance policy is arranged; and/or

(g) any representation or warrant made by the Hirer in this Agreement in relation to it is untrue or misleading in material respect;

15.2 If any of the events set out in clause 15.1 occurs then (without affecting any other right or remedy of the Owner under this Agreement or otherwise) the Owner may at its option:

  1. (a)  take action to force the Hirer to perform its obligations under this Agreement; or
  2. (b)  terminate this Agreement by notice to the Hirer,

and in either case the Owner may also take action against the Hirer to recover damages for breach of this Agreement.

16. RETURN OF EQUIPMENT

  1. 16.1  The Owner is to collect the Equipment, and any attachments, and return the Equipment to theOwner’s Business Address.
  2. 16.2  The Hirer must ensure that when the Equipment, and any attachments, are collected by the Owner that is it returned in the same clean condition and good working order it was in when the Hirer received it (ordinary fair, wear and tear excluded). If the Hirer does not properly clean the Equipment, the Owner will charge the Hirer for the cleaning cost in accordance with clause 4.1(d).
  3. 16.3  It is the Hirer’s responsibility to have theEquipment, and any attachments, ready for the Owner to collect at the nominated collection time. If the Owner experiences delays and cannot collectthe Equipment due to the Hirer’s actions, additionalcharges will be incurred by the Hirer as a result of the delays.

17. AMOUNT PAYABLE BY THE HIRER

  1. 17.1  The Hirer must pay (or, if paid by the Owner, reimburse the Owner for):
    1. (a)  all stamp duty, financial institutions duty and

      other duties, registration fees, licence fees and other fees, taxes and charges which are payable in relation to the Equipment, the use or possession of the Equipment, this Agreement or any payment made under this Agreement; and

    2. (b)  all other costs and expenses as a result of an event of default (including legal costs on a full indemnity basis) reasonably incurred by the Owner.
  2. 17.2  Anything which this Agreement requires the Hirer to do must be done at the Hirer’s cost.

18. NOTICES

18.1 Any notice, consent or other communication under his Agreement must be in writing.

18.2 Any notice to be given by the Owner to the Hirer may, in addition to any other manner in which it may be given, be sent by prepaid post addressed to the Hirer at the last known place of residence or business of the Hirer and is taken to have been received on the second business day following posting.

18.3 The initial addresses of the Owner and the Hirer are set out in Item 2 and 3 of the Schedule.

19. WAIVER

19.1 A right of the Owner, a breach of an obligation of the Hirer or an event of Default under this Agreement can only be waived by a document signed by the Owner. No other act, omission or delay of the Owner constitutes a waiver. A single partial exercise, or waiver, by the Owner of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right.

20. MISCELLANEOUS

20.1 This Agreement may only be varied or replaced by a written document signed by the Owner and the Hirer.

20.2 If any provision, or part of any provision, of this Agreement is unenforceable, then it is to be severed from this Agreement without affecting the remaining provisions of this Agreement.

20.3 The rights of the Owner under this Agreement are cumulative and in addition to any of its other rights. 20.4 This Agreement is governed by the laws of

Queensland and the parties submit to the non-

exclusive jurisdiction of the courts that state.
20.5 Time is of the essence with respect to theperformance of the Hirer’s obligations under this

Agreement.
20.6 This Agreement may be executed in original form

and/or by facsimile or email transmission in any number of counterparts and all counterparts taken together shall constitute one and the same instrument. This Agreement can also be signed by electronic signature on a device, electronic document or electronic transmission. The parties consent to the use of electronic means for the signing this Agreement.

20.7 The Hirer authorises the Owner to complete any black spaces in this Agreement and in particular to insert the serial number and other identification details of the Equipment.

20.8 Any amount due on a Due Date which is not a Business Day in Queensland must be made on the first Business Day following that Due Date.

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21. GST

  1. 21.1  If the Owner is obliged pursuant to the GST Law to pay an amount of GST in respect of a taxable supply made by the Owner to the Hirer pursuant to the provisions of this Agreement or any other collateral agreement or instrument, the Hirer will pay to the Owner that amount of GST at the same time and in the same manner as the Hirer is required to pay for the taxable supply or (at the Owner’s election) on demand.
  2. 21.2  The Owner must issue to the Hirer a Tax Invoice in respect of each taxable supply to which clause 21.1 applies within such time as the GST Law may prescribe from time to time.
  3. 21.3  Where the Hirer is required to pay, reimburse or indemnify the Owner for an amount, the Hirer will pay the relevant amount (including any GST) less the amount of any input tax credits which the Owner reasonably determines that it is entitles to claim in respect of that amount the intention being that the Hirer only reimburses the Owner for the net cost to it and thus avoids any element of price exploitation.
  4. 21.4  The Hirer agrees that the Owner has not made any allowance for GST in pricing and supply to be made under or in connection with this Agreement or any other collateral agreement or instrument.
  5. 21.5  Other expressions used in clause 16 which are not specifically defined have the meanings as defined in GST Law.

22. PPSA

  1. 22.1  If the Owner does not have at the Date of this Agreement a perfected first priority security interest pursuant to the PPSA over the Equipment (including any Equipment described in any Schedule provided by the Owner to the Hirer from time to time), the Owner may register such security interest and the Hirer must do all things required by the Owner for the purposes of:-
    1. (a)  ensuring that the Owner’s security interest isenforceable, perfected and otherwise effective under the PPSA;
    2. (b)  enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest; and
    3. (c)  enabling the Owner to exercise rights in connection with the security interest.
  2. 22.2  The Hirer:

(a) waives its right under section 157 of the PPSA

to receive a copy of the verification statement relating to a security interest created under this Agreement;

(b) agrees that to the extent permitted by the PPSA, the following provisions of the PPSA will not apply and are contracted out of:

i. section 95 (to the extent it requires the secured party to give notices to the grantor);

ii. section 96;
iii. section 118 (to the extent that it allows a

secured party to give notices to the

grantor);
iv. section 121(4);
v. section 125;
vi. section 130;
vii. section 132(3)(d) and (4); viii. section 135;
ix. section 142; and
x. section 143; and

(c) agrees that the following provisions of the PPSA will not apply and the Hirer will have no rights under them:

  1. section 127;
  2. section 129(2) and (3);
  3. section 130(1);
  4. section 132;
  5. section 134(2);
  6. section 135;
  7. section 136(3), (4) and (5); and
  8. section 137.

22.3 The Owner and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPSA continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing the Owner the benefit of section 275(6)(a) and the Owner shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.

22.4 The Hirer must not dispose or purport to create orpermit to be created any ‘security interest’ (asdefined in the PPSA) in the Equipment other than with the express written consent of the Owner.

22.5The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyoneelse unless the Owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this Agreement.

22.6 The Hirer must take all steps including registration under PPSA as may be required to:

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  1. (a)  ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPSA;
  2. (b)  enabling the Hirer to gain (subject always to the rights of the Owner) first priority (or any other priority agreed to by the Owner in writing) for the security interest; and
  3. (c)  enabling the Owner and the Hirer to exercise their respective rights in connection with the security interest.

22.7 To assure performance of its obligations under this Agreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreement. The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees.

23. INTERPRETATION

23.1 In this Agreement:
Business Day means a day on which banking institutions are generally open in Rockhampton excluding Saturday, Sunday and public holidays;Due Date mans the date or dates specified in Item 6 of the Schedule;
Equipment means the Equipment specified in Item 4 of the Schedule including any parts or accessories from time to time attached to or forming part of the Equipment, whether in addition to or in replacement of any part of the Equipment;
Event of Default means an event described in clause 13.1;
GST has the same meaning as that term in the GST Law;
GST Law means, as the context permits or requires, the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) and/or associated Commonwealth legislation, regulations and publicly available rulings;
Hiring Charges means the amounts specified in Item 6 of the Schedule;
Insolvency includes winding up, dissolution, administration, provisional liquidation, bankruptcy and any arrangements for the benefit of, creditors;Natural Disaster Event means events such as but not limited to flood, cyclone, storm or other act of God;
PPSA means the Personal Property Securities Act 2009 (Cth) (as amended) and any other legislation and regulations in respect of it;
Tax Invoice means a document that complies with the requirements of GST Law for a Tax Invoice;

Term means the term specified in Item 5 of the

Schedule.
23.2If any part of this Agreement becomes void or

unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.

23.3 This Agreement is governed by the laws of Queensland and each party submits to the non- exclusive jurisdiction of the courts of that State in respect of any proceedings arising in connection with this Agreement.

23.4In this Agreement, unless the contrary intention appears a reference to:

  1. (a)  this Agreement or another document includes

    variation or replacement of it notwithstanding

    any change in the identity of the parties;

  2. (b)  any statute, ordinance, code or other law includes regulations and other statutory instruments under any of them and consolidation, amendments, re-enactments or replacement of any of them by any

    government body includes any of them;

  3. (c)  a person, firm, corporation, association or government body includes any of them;
  4. (d)  a person:

i. is a reference to it in its personal and any

agency or trustee (or both capacity; and ii. Includes the person’s successors and

assigns;

  1. (e)  a time is a reference to Brisbane time or the

    time of the place where anything is to be done

    or any document or notice is to be received;

  2. (f)  writing includes any mode of representing or reproducing words in a tangible and visible form, and includes e-mail and facsimile

    transmission;

  3. (g)  a right includes a benefit remedy authority,

    discretion and power;

  4. (h)  words importing:
    1. the singular includes the plural and vice versa;
    2. a gender includes all other genders;
    3. headings and underlining’s shall not

      affect the construction;

    4. if a word or phrase is defined cognate

      words and phrases have corresponding

      meaning;

  5. (i)  Where two or more persons are the Hirer

    that term means each of the persons jointly, each of them severally and any two or more of them jointly;

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(j) An agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them, jointly and severally and an agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and severally.

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SCHEDULE

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Item 1 Item 2

Item 3

Date of Agreement

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Item 4

Item 5

Item 6

[INSERT DATE OF AGREEMENT]

Owner

Urban Diggers Pty Ltd A.C.N. 620 433 123
Business Address: 34 Auton Johnson Road, The Caves QLD 4702 Postal Address: 34 Auton Johnson Road, The Caves QLD 4702

Hirer

[INSERT FULL DESCRIPTION OF HIRER INCLUDING A.C.N. OR A.B.N.]Business Address: [INSERT HIRER’S BUSINESS ADDRESS]
Site Address: [INSERT HIRER’S SITE ADDRESS]
Personnel Using the Equipment:

  1. (1)  Full Name: ________________________________ D.O.B. ____________Driver’s Licence No: ____________________________________________
  2. (2)  Full Name: ________________________________ D.O.B _____________Driver’s Licence No: ____________________________________________
  3. (3)  Full Name: ________________________________ D.O.B. ____________Driver’s Licence Number: _______________________________________

Equipment

[INCLUDE FULL DESCRIPTION OF EQUIPMENT HERE]
Serial number: [INSERT SERIAL NUMBER] Registered:Yes/NoEQUIPMENT OPERATING HOURS: [INSERT OPERATING HOURS]

Hiring Term

Commencement Date: [INSERT COMMENCEMENT DATE]
The date of delivery of the Equipment to the Site Address of the Hirer at [INSERT

DATE OF DELIVERY].
End Date:
[INSERT THE PERIOD OF HIRE] after the Commencement Date.

Hire Charge

Hire Charge Amount:

$[INSERT WEEKLY CHARGE] per week (inclusive/exclusive of GST), commencing on the Commencement Date.

Invoice Date and Due Date:

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A Tax Invoice for the Hire Charge Amount Is payable on or before the Hiring Term

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Commencement Date. If a later Tax Invoice is issued it is payable no later than 14

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days from the Invoice Date.

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Page 9 of 10

EXECUTED as an agreement.

EXECUTED by URBAN DIGGERS PTY LTD A.C.N.
in accordance with s 127 of the Corporations Act 2001 (Cth)

] ……………………………………….

] Director/Secretary
]]……………………………………….] Director/Secretary

EXECUTED by [INSERT HIRER’S DETAILS IF COMPANY INCLUDING A.C.N.]
in accordance with s 127 of the Corporations Act 2001 (Cth) ] ……………………………………….

] Director/Secretary
]]……………………………………….] Director/Secretary

Page 10 of 10