Recitals:

 R1. The owner is the proprietor of the plant and equipment (“equipment”) listed in the schedule to this Agreement (“schedule”).

R2. The hirer will hire the equipment specified in the schedule from the owner upon the terms conditions in this agreement.

Operative Part:

1. HIRE OF PLANT AND EQUIPMENT

The hiring of the equipment will commence from the commencement date specified in the schedule and continue for the term specified in the schedule.

The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.

(a) The hirer agrees to return the goods to Deviot on or before the end of the hire period as outlined in the schedule; or

(b) If you request delivery and collection of the equipment, the time we deliver the equipment to the address in the Hire Schedule.

The Hire period includes weekends and public holidays.

2. PAYMENT FOR RENTAL

The hirer agrees to pay the owner the hire fee specified in the schedule for the equipment for the hire period, which includes any applicable GST, if a hire charge is applicable on delivery and/or collection. All hire charges and other fees, charges and costs that become due and payable under this Hire Agreement within 7 days of the date of invoice.

The hirer will be charged for the full hire period. You must continue to pay the hire charges and other charges after the expected off hire date if you have not returned the equipment to us by the expected off hire date. This obligation survives termination of the hire agreement.

If the hirer requests collection of the equipment, the equipment must be available for collection by no later than the time of day at which your hire commenced (e.g. if your hire commenced at 10am, then the equipment must be ready for collection by no later than 10am on the off hire date), otherwise we reserve the right to charge additional hire charges. For the avoidance of doubt, the expected off hire date is not considered to be your notice to us that the equipment is available for collection.

In addition to the hire charges, you agree to pay:

(a) For any consumables i.e. fuel or trade materials we supply to you;

(b) If you require us to deliver or collect the equipment, the cost of delivery or collection, as detailed in the Hire Schedule. Such charge may including a waiting fee (charged at cost) in addition to the delivery and collection fee if the nominated time for delivery or collection of the equipment is delayed by you.

(c) If you do not return the equipment in clean and good working condition, charges for the cleaning and repair of the equipment;

(d) A charge for refilling fuel tanks;

(e) Any stamp duty or GST arising out of this Hire Agreement;

(f) Any other applicable levies, fines, penalties and any other government charges arising out of your use of the equipment;

(g) An environmental charge in relation to any item of equipment;

(h) Operational instructions and/or training on the use of the equipment will be provided prior to use;

(i) Any reasonable charges incurred by us if we are unable to inspect or carry out maintenance on the equipment during normal working hours.

If you do not pay the invoice in full by the payment due date, we may charge, in addition to any other costs recoverable under this Hire Agreement, costs and expenses (including any commission payable to any commercial or mercantile agents and legal costs) incurred by us in recovering any unpaid amounts under this Hire Agreement.

3. USE, OPERATION AND MAINTENANCE

We agree to hire the equipment to you and will:

(a) Provide the equipment to you in good working order; and

(b) Allow you to exclusively use the equipment during the hire period.

The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.

The equipment shall not be used by anyone other than the hirer without the expressed permission of the owner.

The hirer agrees to operate, maintain and store the equipment strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment as to the operations, maintenance and storage thereof.

The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.

The hirer shall ensure the equipment is returned to the owner clean of soil or any other foreighn matter and shall be thoroughly cleaned.

In the event that these requirements are not complied with the hirer shall pay the owner the reasonable costs of compliance with these requirements.

4. HIRER’S WARRANTIES

The hirer warrants that:

4.1 the equipment will be used in accordance with the conditions outlined in the schedule;

4.2 the particulars in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;

4.3 the hirer holds a valid current driver’s licence and/or permit for the type of equipment hired;

4.4 the equipment will not be used for any illegal purpose;

4.5 the hirer wears suitable clothing and protective equipment when operating the equipment as required or recommended by us or the manufacturer;

4.6 the hirer will ensure that no persons operating the equipment are under the influence of drugs or alcohol;

4.7 the hirer will ensure that no persons carry illegal, prohibited or dangerous substances in or on the equipment;

4.8 where applicable, the hirer’s vehicle is suitable for towing the equipment;

4.9 the hirer will not, without prior written consent of the owner, modify, or permit any modification or, the equipment in any way; and

4.10 the hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose.

4.11 The hirer will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.

4.12 You must use best endeavours to ensure that the equipment is not contaminated with any hazardous substances (including asbestos). You must advise us of any risks of hazardous substance contamination to the equipment as soon as they become apparent. Where equipment may have been subjected to contamination, you must effectively decontaminate the equipment, as well as provide us with written details of decontamination processes applied. If, in our opinion acting reasonably, the equipment is not capable of being decontaminated, you will be charged for the replacement cost of the equipment.

4.13 The Hirer will be responsible to obtain the correct permits prior to digging and use of the machines i.e. Council permits, Dial Before You Dig etc. The Hirer indemnifies the owner of any damages caused by not obtaining these permits.

5. INDEMNITY

The Hirer indemnifies Owner in respect of any damages, costs or loss, to the extent caused or contributed to by the Hirer resulting from a breach by the Hirer of any provision of this Contract.

6. LOSS, DAMAGE OR BREAKDOWN OF PLANT AND EQUIPMENT

6.1 The hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred (fair wear and tear excepted) during the hire period.

6.2 If there is a breakdown or failure of the equipment then the hirer shall notify the owner and the hirer shall not attempt to repair the equipment.

7. INSURANCE

7.1 The owner will maintain curent insurance policies in respect of the equipment to its full insurable value.

8. LIABILITY

8.1 The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession,use, maintenance, repair or storage of the equipment.

8.2 A standard excess amount of $500.00 will apply if hired plant, equipment or motor vehicles is damaged by the hirer (excluding damage cause by natural events, e.g. hail, etc.).

9. DISCLAIMER

9.1 To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.

10. TITLE TO GOODS

10.1 The hirer acknowledges that the owner retains title to the equipment.

10.2 The hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to, part with personal possession or otherwise not to deal with the equipment and not to conceal or alter the goods or make any addition or alteration to, or repair of, the equipment.

11. REPOSSESSION

11.1 The owner may retake possession of the equipment if the hirer breaches any provision of this agreement, notwithstanding anything else herein contained.

11.2 If repossession takes place, the owner shall only charge the hire fee up to and including the time of repossession.

12. COMPLETION OF THE HIRE PERIOD

12.1 The hire period is completed when the equipment has been returned to the owner:

12.1.1 in the same condition as when it was hired; and

12.1.2 on or by the date and time outlined in the schedule.

13. NON-MERGER

13.1 The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.

14. SEVERANCE

14.1 If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

15. GOVERNING LAW

15.1 This Agreement is governed by the laws of Tasmania and this hire agreement is a claim for payment unde the Building and Construction Industry Security of Payment Act 2009 (Tas). Each party submits to the nonexclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.

16. INTERPRETATION

16.1 In this Agreement, unless the context otherwise requires:

16.1.1 A reference to the singular includes the plural and vice versa;

16.1.2 A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;

16.1.3 A reference to an individual shall include corporations and vice versa; and

16.1.4 If a word or expression is defined, its other grammatical forms have a corresponding meaning.

16.2 In this Agreement, headings are for convenience only and do not affect interpretation.