Events which are out of bound of parties like riots, calamities, Acts Of God, trade dispute, Mechanical breakdowns, Government actions, Interruption of Transport or any other similar to those mentioned here or not. If such an event continues for more than 14 days, the Owner and the Customer can terminate the agreement with mutual understanding.


Following terms have the meanings as explained unless mentioned otherwise


Terms and conditions for equipment hiring means to hire equipment and services provided by Owner, the quotation and other documents.

Commencement Date

Date when the equipment was delivered to the site as mentioned by the customer.

Consequential losses

Loss suffered by any of the party mentioned in the agreement due to the breach of Agreement. For e.g.: (a) loss of business (b) loss of reputation in business (c) Loss of anticipated profit (d) any other kind of loss


A point at which Equipment or Services are made available to the customer at the aforementioned Premises or are collected by the customer itself.

Dry hire

Hiring one or more equipment without its operator


Equipment which is mentioned in quotation (which can be amended from time to time) and their accessories.


An Individual or a firm whose name is mentioned in the quotation and who hires Equipment or Services from Owner

Force Majeure Event

Events which are out of bound of parties like riots, calamities, Acts Of God, trade dispute, Mechanical breakdowns, Government actions, Interruption of Transport or any other similar to those mentioned here or not. If such an event continues for more than 14 days, the Owner and the Customer can terminate the agreement with mutual understanding.


Goods And Service Tax, according to the new Goods and Service Tax system Act 1999

Hire Charges

Charges payable to the Owner by a Customer for the hiring of any kind of Equipment or Services along with GST as mentioned in the Quotation.


A place or location where the Equipment will be located during or after the completion of the project as mentioned in Quotation or otherwise agreed upon.


Any service provided by or on the behalf of the owner concerning equipment.


The time period between which Equipment is delivered to or collected by the Customer on the Commencement Date and the date on which the equipment is returned to or are collected by the Owner before completion or on completion of the Agreement as per agreed upon between two parties.


The hire of Equipment with Operator provided operator remains the employee of the contractor of the Owner but work solely as per ordered upon the by the Customer.

Terms and nature of hire

  • Terms mentioned here override any other terms of hire discussed between the Customer and the Owner unless agreed upon otherwise.
  • These terms of the agreement can be and will be considered as a claim of payment under Building and Construction Industry Security of Payment legislation law as applicable in a certain locality
  • Type of hire, whether wet or dry will as per mentioned in the quotation
  • For some equipment, a clause of Minimum hire Period will be applicable which will be informed to the Customer before the agreement. Under this clause, a customer will have to pay all the hire charges even if the equipment is returned before the completion of the hire period.
  • Hire charges will be applicable as per mentioned in the agreement. Transportation delay charges due to the reasons any other than the negligence of the Owner will be incurred by the customer.

Terms of Payment

  • The normal term of payment for labour services will be 7 days after the invoice is rendered unless agreed upon otherwise in advance
  • Normal payment terms for other services and equipment will be 30 days after the invoice is rendered upon unless agreed upon otherwise in advance
  • Full payment must be made without any set-off, retention or deduction unless a prior direction from the Owner in writing.
  • No off-hire rate or stand-down rate will be applicable without the prior permission of the Owner
  • Customer shall compensate the owner for all the charges incurred by the owner in enforcing its right under this agreement to collect outstanding payment including but not limited to, legal costs of an attorney, charges of collection agencies and other such sums.
  • Right to change the Customer interest rate (by default 10% per day for the unpaid dues) is reserved by the Owner.

Terms of using the equipment

  • Equipment shall be used for the purpose for which it is designed
  • Equipment should be used as per the instruction from the manufacturer and as agreed upon with the Owner during the agreement
  • Necessary precautions must be taken to avoid any serious damage to the equipment baring acceptable and normal wear and tears
  • No modifications or alterations should be made to the equipment
  • Customer must give easy access to the Owner for the regular inspection of equipment during the term of the agreement.

Maintenance of the equipment

  • Equipment provided to the customer will be in good and working condition
  • If the equipment is hired under Dry-hire clause, regular maintenance as advised by the Owner and manufacturer should be carried out in timely fashion by the Customer.
  • All type of fuels and lubricants should be supplied for the easy operation of the equipment
  • If the equipment is hired under the Wet-hire clause, then Customer is responsible only for the fuel supply.

Ownership and Risk management

  • Equipment on hire will remain the sole property of the Owner
  • Responsibility of the equipment will be passed on the Customer when hired upon
  • In case of any breakdown or damage, the equipment will remain on hire as per regular charges during the period of repairing. Charges of such repairs will be adjusted as per agreed upon during the agreement.
  • No alteration, defacing or changes should be done to the equipment’s identification plate.
  • The sole responsibility of the equipment during but not limited to the period of hire, possession or custody of the equipment will be of the Customer.

Termination of contract

  • In case the customer breach terms of the agreement, the Owner can terminate this agreement by sending a written notice with immediate effect.
  • In other cases, the Owner can terminate the agreement by giving three-month advance notice.

Termination or Expiry of Agreement

  • All equipment shall be returned to the Owner at the termination or expiry of the contract by the Customer.
  • If the Owner collects equipment from the premises, charges of collection shall be paid by the Customer.
  • Other than normal wear and tears, the cost for the repairing of damaged equipment must be paid by the customer.

Customer’s acknowledgement

  • Customer acknowledges that it inspected the equipment before taking the delivery
  • It was aware of the nature of work that can be accomplished using the particular equipment and it hired that particular equipment on its own accord and without any direction or help of the Owner.

Transport Services

  • If the owner provides delivery of the equipment, it is agreed that they are not regular carriers and hence cannot be held accountable as such.
  • All relocation of equipment is done as per the customer’s direction and hence any damage or other charges will be incurred during such relocation will be incurred by the customer.
  • Customer must not load any goods which might be explosive or hazardous in nature in the equipment without the prior consent of the Owner


This agreement annuls all other agreement between the Customer and Owner and may only be modified in writing signed by both parties.


This agreement falls under the jurisdiction and laws of state or territory of Australia and both parties will unconditionally submit to the laws and jurisdiction of Courts.