Terms

1. Definition

‍CUSTOMER - Customer means any individual, group, company, partnership, business, trust, or other legal or natural person who rents out equipment from the Owner. EQUIPMENT - All of the machinery, plant, resources, devices, components, attachments, and trucks that the customer receives is referred to as equipment.HIRE CHARGE - Amount due by the client indicated on the Hire Agreement and Schedule. HIRE PERIOD - The time period shown on the Hire Agreement and Schedule, or an extension allowed, a written modification issued by the Owner.HIRE AGREEMENT AND SCHEDULE - A written document created by the Owner and sent to the Customer in physical copy or electronic form before the hiring term begins. This document, which is a component of the Agreement, contains information about the equipment and the duration of the hire.OWNER - The legal owner or representative of RKD Excavations.REMOTE AREA - Anything that's more than 50 kilometers from the owner's address is considered a remote area.

2. Duties of the Client

The client is required to: 2.1 supply the equipment to the Owner within the period specified on the Hire Agreement and Schedule; 2.2 provide the equipment to the Owner spotless and in acceptable repair;2.3 Before the hire term begins, confirm that the equipment is appropriate for the planned use;2.4 Always heed to safety instructions given by the Owner, the maker, or any other knowledgeable individual;2.5 Before using the equipment, read the QR code upon it and read the Operator's Manual provided by the manufacturer;2.6 Use the machinery safely and in complete conformity with all relevant legislation;2.7 If necessary, seek additional training on how to use the equipment, its attachments, and how to load and unload;2.8 Assume responsibility for any harm caused to people or property as a result of the equipment's use;2.9 Possess enough insurance both above and below the ground to safeguard against any liabilities arising from the usage of the machinery;2.10 Before utilizing the device, get any documents identifying subsurface wires or drains;2.11 Ensure that the individual listed on the Hire Agreement and Schedule is the only one who uses, operates, loads, unloads, and maintains all equipment;2.12 Utilize the equipment only at the location specified on the Hire Agreement and Schedule except you receive a revised Hire Agreement and Schedule from the Owner and inform the Owner in writing;2.13 Before utilizing the equipment, perform a complete risk assessment to identify all dangers and make sure sufficient mitigators are in place;2.14 Strictly utilize the equipment for the purposes for which it was designed, and adhere to all loading and unloading instructions. The RKD Excavation website has these data accessible;2.15 Adhere to all legal requirements while moving the equipment;2.16 Assume responsibility for any traffic violations, mishaps, or occurrences that arise as a direct result of moving the equipment to the designated place;2.17 Within 24 hours of any incident, problem, or harm occurring, notify the owner and supply complete information;2.18 If the equipment capsizes, make sure it is safe in its current location and alert the owner right away. 2.19 Ensure the required Personal Protective Equipment is constantly worn when using the equipment. The client takes responsibility and related charges for a trained mechanic to examine the equipment and restore it to a secure functioning condition.The Client SHALL NOT:2.20 Alter, fix, or harm the equipment.2.21 Use machinery while under the impact of drink or drugs or when not sufficiently rested;2.22 After an event, a collision, or harm keep using the equipment;2.23 Abandon the equipment, cede control to a third party, or sublease it;2.24 Permit no one to use, load, unload, or maintain the equipment unless that person is qualified and given permission by the Owner;2.25 Utilize the equipment, or the equipment used to transport the equipment, for any endeavor not expressly permitted by the Hire Agreement and Schedule. This includes utilizing trailers to transport anything than the equipment that the Owner has given the Customer;2.26 Surpass the structural limitations of the apparatus as stated in the manufacturer's Operator's Manual, which may be accessed by reading the QR code on the device or on the website of RKD Excavations;

3. Responsibilities of the Owner

3.1 Make sure that all equipment is spotless and in good functioning condition before the hire term begins;3.2 Provide the Client with the equipment at the scheduled time;3.3 Permit the Client to utilize the equipment in line with the Hire Agreement and Schedule and carry it with them;Attention: Except if the Owner has specifically approved in writing, the Client shall deliver the equipment by the period indicated on the Hire Agreement and Schedule. The client agrees to pay all fees related to delivering the equipment as a condition of this Agreement.

4. Duration of Hire

The duration of the hire and the start date will begin from either:4.1 The start time and date specified at the top of this Agreement; or4.2 The sooner the equipment arrives to the client or the time it is transported to the address listed on the Hire Agreement and Schedule; and shall end.4.3 Upon return of the equipment to the Owner; or 4.4 Upon Customer's notification to the Owner that the equipment is prepared for collection by the Owner. Only until the client gets written confirmation will this communication be judged to have been appropriately supplied. Charges will remain until the Customer notifies the Owner at the pro-rata rate.4.5 The period of hire will end on either 4.3 or 4.4, depending on which of those two events occurs later. Despite the Customer notifying the Owner that the equipment is prepared for collection and receiving a written receipt from the Owner, the Customer is still responsible for the equipment until the Owner picks it up.

5. Equipment Collection and Termination

5.1 The client acknowledges that the equipment must be returned to the Owner at the same location where it was picked up at the time outlined, as per the top of this Agreement. Any agreement could be terminated by the Owner in its absolute discretion, and the client grants the Owner and its workers permission to go into any territory in order to reclaim any equipment.

6. Hiring Fees

6.1 For the duration indicated, the client will be responsible for the hiring fees at the rate listed on the hiring Agreement and Schedule.6.2 If a machine is used excessively for longer than 8 hours in a 24-hour period, the owner must expressly consent in writing. The fee for overuse is $15.00 for each increment of six minutes.

7. Return Pass the Deadline and Fuel

7.1 The client will be billed, and the client consents to paying an additional fee for the extra hour(s) or portion thereof, if the equipment fails to be returned to the Owner at the conclusion of the hire term as stipulated on the Hire Agreement and Schedule;7.2 The Client concurs to send back the equipment with the identical amount of fuel as obtained, or the Client acknowledges that the Owner will replace the fuel at the rate of $3.00 per liter.7.3 The client must make certain the equipment is solely powered with clean fuel as stated in the manufacturer's Operator's Manual. 

8. Equipment Loading and Unloading

8.1 The equipment's loading and unloading are the client's sole responsibility;8.2 While loading and unloading the equipment, the trailer must always be attached to the towing vehicle;8.3 When loading and unloading, the stabilisation platform must be dropped;8.4 Prior to driving the trailer following loading or unloading the equipment, the client must make sure that all ramps, the stabilisation, bar, attachments, etc. are fastened;8.5 Before pulling the equipment, the accompanying tie downs must be fastened;8.6 Before transporting the equipment, the client must make certain the trailer is safe to drive, secure, enrolled, and that all of the lights are functional.8.7 The customer undertakes to hold the owner harmless for any harm to property or personal harm related to any help with loading or unloading the equipment provided by the owner or a representative of the owner, whether or not such assistance results from carelessness.

9. Repair Upon Equipment

The Client commits to: 9.1 Preserve the equipment spotless, in excellent repair, and in operational shape;9.2 Maintain the equipment in line with the owner's website or the manufacturer's operator's manual, which may be accessed by reading the QR code on the equipment;9.3 Provide all gasoline required for the equipment's functioning on its own dime;9.4 Confirm that fuel is provided to the proper area and is the right type, grade, and quantity for the equipment that was hired;9.5 Fix or substitute the equipment's worn-out tires or tracks, including the trailer if one was provided within the scope of the Hire Agreement and Schedule;

10. Equipment Deficiency

10.1 If the equipment turns out to be hazardous or in need of repair, the Customer shall stop all activities and contact the Owner right away.10.2 If instructed to do so by the Owner, the client will bring back the equipment to the Owner's premises right away. The client may not try to fix the equipment absent the Owner's permission.10.3 The Owner commits, in its sole judgment, to fixing the equipment within an appropriate period of time, make comparable equipment accessible, or amend the rental fee proportionately if the failure is attributable to fair wear and tear.10.4 Under no conditions will the Owner be responsible for any loss incurred by the Client.

11. Collision

11.1 The client is responsible for informing the Owner of any incidents involving its equipment that result in harm or a collision.

12. Cleaning and Maintenance

12.1 It is the client's responsibility to bring back the equipment in a state of cleanliness and in satisfactory repair and in operational order.12.2 The Owner may, in its sole judgment, bill the client for all appropriate expenses associated with cleaning the equipment, repairing it, or replacing it if it cannot be properly fixed. 

13. Loss

13.1 If the equipment is lost, harmed, or seized while in the client's possession, the client will be responsible for the entire expense of substitution, including the trailer;13.2 The Owner does not offer any type of coverage on plant and equipment absent a previous agreement. This might involve premiums or surpluses from insurance.13.3 The client undertakes to bear all expenses related to retrieving and/or substituting the equipment. The full price of replacing/ substituting the equipment shall be in the amount of $39,000.00, which must be paid by the Client within 1 month time frame to RKD Excavations with no instalment(s) whatsoever.

14. Waiver (Damages)

The client assumes entire liability for any harm or injury that is connected to or results from any of the following:14.1 robbery, any damage whatsoever, stealing, loss of the equipment or vandalism to the equipment;14.2 Violation of any legislative laws or rules pertaining to the Customer's usage of the rented equipment;14.3 Improper utilization, neglect, willful or malicious behavior, careless or reckless usage, or overloading of rented equipment;14.4 Theft, loss, or harm to the tools, accessories, and attachments provided with the rented equipment, such as but not limited to pipes, points, buckles, chains, shackles, jerry containers, oil guns, wiring leads, replacement tires, by any means;14.5 Failure to lubricate or fail to follow other customary maintenance schedules that the Customer might reasonably anticipate having to follow in accordance with the Hire Agreement and Schedule;14.6 Ignore any instructions provided by the Owner to the Customer on the equipment's correct usage or instructions that conflict with those found in the manufacturer's Operator's Manual, which may be accessed via the Owner's website or by reading the QR code on the apparatus;14.7 The mysterious departure of the rented property;14.8 Utilizing any kind of lifting device to load or unload equipment that causes the rented equipment to depart from the surface of the planet for any purpose.

15. Compensation and Bond

15.1 Non-account clients shall compensate before the hire term or when the equipment is delivered;15.2 For long-term hiring, bills are to be paid at the conclusion of the hire period or fourteen days after it, whichever comes sooner.15.3 The method of payment for all transactions related to this Agreement shall be made via _________________________.15.4 The total price for the equipment shall be in the amount of $_______________.15.5 The Client agrees to pay a bond of $400.00 as security for the rented equipment. The bond will be refunded in full within [INSERT number of days] after the equipment is returned, provided there is no damage or excessive use of the equipment. 15.6 Any damages caused to the rented equipment during the rental period shall be the responsibility of the Client. In the event of damages, the cost of repair or replacement, as determined by RKD Excavations, will be deducted from the bond. If the cost of repair or replacement exceeds the bond amount, the Client agrees to be liable for the additional expenses. 15.7 RKD Excavations reserves the right to deduct any additional charges or fees from the bond for excessive use of the equipment beyond the agreed rental period. Excessive use includes, but is not limited to, keeping the equipment beyond the agreed return date without prior arrangement. The fee for each day of late drop-off shall be $20.00.

16. Payment After Deadline

16.1 Any accounts that are unpaid at the conclusion of the hiring term are subject to interest at the rate of fifteen percent per year, computed daily.

17. Collecting fees 

17.1 The client undertakes to reimburse any reasonable fees associated with collection efforts or legal actions taken to recoup any sums still owed immediately following the hire period has ended.

18. Transfer and Sublease

18.1 The Owner adheres to the provisions of the Agreement but can transfer its rights without the Client's consent;18.2 Without the Owner's explicit consent, the client is not permitted to sublease or lend the equipment, and any alleged assignment is unenforceable;18.3 The individual who agrees to this agreement of hiring on behalf of an organization/ business also acknowledges that, in the event that the firm is unable or unable to make payment, they will be personally responsible for all charges.

19. Disclaimer of Guarantee/ Exclusion of Warranties

19.1 No guarantee is provided that the equipment is suitable for its meant utilization; 19.2 The Client warrants that it performed its sole independent examination and has not depended on any representations by the Owner. 19.3 The Agreement consists of no express or meant guarantees other than those that are stated in this contract.19.4 When the Australian Consumer Law is in effect, the client is entitled to certain assurances regarding the rental of the equipment that cannot be waived.19.5 In instances where the Australian Consumer Law is in effect and the equipment is not typically purchased for domestic or household utilization or consumption, RKD Excavations' liability with regard to any guarantee is restricted to the substitution or fix of the Equipment or the expense of getting the Equipment fixed or substituted.19.6 To the degree that any applicable laws, including the Australian Consumer Law, are not applicable and in addition what is stated in this Contract, RKD Excavations renders no guarantees and provides no warranties, and it will not be held responsible to the Client for any losses that may result from the Customer's renting the Equipment.

20. Invalidity

20.1 This agreement's terms are severable, meaning that if any of them are deemed void, unenforceable, or waived, it won't have an impact on the others. 

21. Indemnity

21.1 Regardless of whether the transportation, setup, repair, preservation, ownership, utilization, or inability to operate the equipment throughout the hire period was caused by the Owner's, its employee's, agent's, or any other person's carelessness, the client concurs to assume complete accountability for any allegations relating to any harm to individuals, decreased earnings, or damage to assets, and undertakes to indemnify the Owner in relation to these claims.21.2 The client agrees not to sell, exchange, finance, bill, or permit the creation of any liens on the equipment. They also agree to indemnify the Owner for any losses or costs incurred should they be deprived of having control over the equipment for any of these purposes.

22. PPS

22.1 To the degree that this Agreement creates a "security interest" under the Personal Property Securities Act 2009 (Cth) ("PPS Law"), this Article is applicable. PPS Law, as used in this contract, includes any amended, substituted, and succeeding statutes or laws.22.2 RKD Excavations has the option to record its security stake. The client is required to take any action that RKD Excavations requests in order for RKD Excavations to (a) acquire the initial priority (or any other priority specified by RKD Excavations in written form) for its security interest, (b) have the ability to acquire such priority for its security interest, and (c) be capable to make use of rights related to the security interest. These actions involve acquiring consents and executing documents.22.3 If Chapter 4 of the PPSA applies to any security interest in this agreement, certain provisions of the PPS Law will not be applicable. Specifically, section 95 (requiring RKD Excavations to notify the Client when removing an accessory), section 96 (retaining an accessory), section 121(4) (notice to grantor), section 125 (obligations to dispose of or retain collateral), section 130 (notice of disposal, requiring RKD Excavations to notify the Client), section 129(2) and 129(3), section 132(3)(d) (contents of statement of account after disposal), section 132(4) (statement of account if no disposal), section 135 (notice of retention), section 142 (redemption of collateral), and section 143 (re-instatement of security agreement) will be excluded from this agreement regarding all applicable goods under section 115 of the PPS Law.22.4 RKD Excavations is granted rights under the subsequent sections of the PPS Law: sections 123 (seizing collateral), 126 (apparent possession), 128 (secured party could dispose of collateral), 129 (disposal by purchase), as well as section 134(1) (retention of collateral). The Client understands that in furtherance to these rights, RKD Excavations also has the authority to seize, buy, take apparent control of, keep, deal with, or dispose of any items in the event that the Client defaults. These rights are not only granted in accordance with the aforementioned parts but also as extra rights set forth in this agreement. These rights may be exercised by RKD Excavations in any way it sees fit, including by private or public sale, rental, or license for dealing and disposal.22.5 RKD Excavations’ rights under this agreement supplement its rights under other laws, including the PPS Law, and are not intended to be a substitute for those rights. RKD Excavations is free to decide whether to utilize its rights under this agreement or under other laws as it sees suitable. To be clear, RKD Excavations’ security interest will be attached to the revenues.22.6 The client forfeits its entitlement per section 157 of the PPS Law to request a confirmation declaration in regard to registration events involving commercial property.22.7 RKD Excavations and the client concur that they will not divulge any information that would be required in accordance with PPS Law section 275(1). The client shall take all reasonable steps on its part to maintain the applicability of Section 275(6)(a) of the PPS Law. The contract referred to in this paragraph is made only to provide RKD Excavations with the advantages of section 275 (6)(a), and RKD Excavations will not be susceptible to any injunction or be responsible for any losses or other penalties for any real or suspected violation of this clause.22.8 Except with the explicit written agreement of RKD Excavations, the Client may not sell of, appear to get rid of, produce, attempt to create, or cause to be established any "security interest" (as stated in PPS Law) in the Equipment.22.9 Without first receiving written permission from RKD Excavations (at its sole discretion), the client is not permitted to lease, recruit, bail out, or otherwise transfer custody of the Equipment to another third party. Any such sub-hire needs to be made in writing and in a format that is consented by RKD Excavations, and it must explicitly state that it is dependent on RKD Excavations' rights under this agreement. Without RKD Excavations' prior written authorization, the client cannot change a sub-hire (which RKD Excavations can refuse in its sole discretion).22.10 The Client is responsible for ensuring that RKD Excavations has access to the most recent details on the sub-hire, such as the sub-hirer's name, the terms of the sub-hire, the status of the sub-hirer's accounts and payments, and the whereabouts and state of the equipment.22.11 In order to: (a) make sure any security interest resulting pursuant to or with regard of the sub-hire is binding and otherwise operational under the PPS Law; (b) enable the client to obtain the initial priority (or a different priority accepted by RKD Excavations in written form) for the security interest; and (c) permit RKD Excavations and the Client to each exercise each of their rights under the PPS Law.

23. Equipment Data

23.1 The equipment made by RKD Excavations might have on-board gadgets (each a GPS device) that allow it to link to the World Wide Web, transmit instructions to the equipment, and obtain data gathered by it, such as velocity, voltage of the battery, and the ignition status, as well as geographic location data collected by the GPS system. By renting any equipment from RKD Excavations, the client explicitly understands that RKD Excavations may utilize the GPS Device on that equipment throughout the hire period and that RKD Excavations can gather, utilize, and keep data from the GPS Device in line with RKD Excavations’ Privacy Policy. The client also acknowledges that RKD Excavations is the legitimate owner of the data collected from the GPS Device, while maintaining your rights as outlined in RKD Excavations’ Privacy Policy, as per the clause 24 below.

24. Privacy Policy

24.1 RKD Excavations will adhere to and comply with all privacy laws, rules and regulations governing Australia. The relevant Privacy Policy of RKD Excavations can be found here: ______________.

25. Governing Laws

 25.1 The State of Victoria’s laws shall apply to this contract and shall be used to govern as well as interpret this agreement. 

26. Breach of Hire

26.1 The following options are available to RKD Excavations in the event that the client violates any material term of this agreement and fails to remedy the violation within a reasonable amount of time (considering the nature of the violation), or goes bankrupt, becomes insolvent, or ends operations: (a) end this Agreement; (b) file a lawsuit to retrieve all money owed by the Client; (c) reclaim the equipment (and is authorized to move into any premises in which the equipment is kept in order to do so); 26.2 The client agrees to hold RKD Excavations harmless from any fees, losses, or damages that may arise from a violation of this Agreement by the Client to the extent that such expenses were incurred or participated in by the client.

27. Disputes

27.1 The Client is required to review all hire charges by RKD Excavations promptly, and any disagreements regarding such hire charges by RKD Excavations must be reported in writing to RKD Excavations inside 30 days of the hire contract's start date. If the Client doesn't respond to any correspondence inside that 30-day window, the hire charges by RKD Excavations are assumed to have been consented to by the Client.27.2 The parties undertake to discuss a resolution of the disagreement with the aid of the Hire and Rental Association of Australia prior to filing a lawsuit if a dispute develops over this contract, the leasing of the Equipment, or its usage (apart from payments owed to RKD Excavations).

‍