This is a contract for hire of assets
1 This is a legally enforceable contract for the hire of assets from Little Diggers. Please read it carefully before hiring any assets and contact us if you do not understand it.
2 Persons hiring equipment from Little Diggers are deemed to have agreed to these terms and conditions at the start of the Hire Period.
3 This document comprises the contract for the hire of assets from Little Diggers by all persons from 1 August 2020 on.
4 Words or phrases used in this contract have their ordinary meaning unless listed in the appendix. Words or phrases listed in the appendix they have the meaning there stated.
This is all of the contract
5 This contract takes priority over all prior communications between the parties. It comprises the entire contract between the parties.
6 The Assets are the specific assets hired by Little Diggers to the Hiree under this contract.
Capacity and responsibility of the Hiree
7 The Hiree and the Hiree’s Representative are jointly and severally responsible for giving effect to this contract and for any breach of this contract.
The Hire Period
8 The Initial Hire Period is the number of days agreed by the Hiree and Little Diggers at the start of the hire. This the number of days selected by the Hiree on Little Diggers’ on-line booking system or the number of days otherwise agreed by the parties.
9 The Hire Period starts when the Hiree takes possession of the Assets. The Hire Period ends on the later of the Hirer returning the Assets to Little Diggers or the Hirer paying all Hire Fees to Little Diggers.
10 The Hire Period is longer than the Initial Hire Period if the Hiree fails to return the Assets by the agreed date.
End of Initial Hire Period
11 The Initial Hire Period ends early if:
a) the Hiree is a natural person and:
a. the Hiree commits an act of bankruptcy or
b. breaches a term or condition of the Hire Contract
b) the Hiree is a company and:
a. commits an act of insolvency
b. a receiver, manager or administrator is entitled to take possession of the Assets
c. the Hiree enters into a Deed of Company Arrangement
d. the Hiree ceases conducting business in the normal manner
e. the Hiree applies for deregistration or receives a deregistration notice or
f. the Hiree breaches the Hire Contract or
c) the Hiree voluntarily returns possession of the Assets to Little Diggers before the end of the Initial Hire Period.
12 Hire Fees paid are not refunded on the early end of the Initial Hire Period.
Late delivery or non-delivery of the Assets
13 Little Diggers is not liable for any loss to the Hiree or any other person caused by the late delivery of the Assets or the non-delivery of the Assets for whatever reason including adverse road and traffic conditions, human error, mechanical failure and website systems failure.
Payment of Hire Fees
14 All payments must be by credit card or debit card. The Hiree irrevocably permits Little Diggers to access the Hiree’s credit card or debit card details during and after the Hire Period for the sole purpose of receiving the Hire Fees.
15 The Hiree must pay Little Diggers the Agreed Hire Fee before the Hiree takes possession of the Asset. The Agreed Hire Fee is the amount published on the Little Diggers website or such other amount agreed in writing by the parties.
16 If the Asset is not returned to Little Digger by the end of the Initial Hire Period the Hiree must pay Little Digger a further hire fee. This further hire fee is equal to the one-day hire fee usually applying to that Asset for each day or part thereof the Asset is not returned to Little Digger by the end of the Initial Hire Period.
17 If the Asset requires repair other than fair wear and tear due to the Hirer mis-using the Asset the Hiree must pay Little Digger a further hire fee. This further hire fee is equal to the one-day hire fee usually applying to that Asset for each day or part thereof the Asset is under repair and not able to be hired plus the cost of the repair.
18 The Hiree will pay a reasonable fee for any consumables such supplied by Little Digger during the Hire Period including fuel.
19 The Hiree will pay a delivery fee for the delivery of the Assets to the Hiree and the pick-up of the Assets from the Hiree by Little Diggers as published on the Little Diggers website.
20 The Hiree will pay any waiting fee as published on the Little Diggers website for any waiting time at pick up or delivery of more than 15 minutes. This is irrespective of the cause of the waiting time.
21 The Hiree will pay a cleaning fee as published on the Little Diggers website if the Assets are not clean when returned to Little Diggers.
22 The Hiree irrevocably authorises Little Diggers to withdraw Hire Fees from any credit card or debit card using details and access authorisations provided to Little Digger for the purposes of paying Hire Fees before the end of the Hire Period.
23 Any unpaid Hire Fees will be charged interest at a rate of 2.5% a month compounding monthly.
24 Hire Fees include the Goods and Services Tax (GST).
Use of the Assets for more than eight hours a day
25 Little Diggers may charge additional fees based on its single day hire rate for any use of the asset for more than eight hours per day.
Little Digger’s obligations
26 Little Diggers will allow the Hiree to take possession of the Assets and use the Assets subject to the terms and conditions set out in this contract.
27 Little Diggers will provide the equipment in good working order and in clean condition at the start of the Hire Period.
28 Little Diggers will otherwise observe all terms and conditions in this contract.
The Hiree’s obligations
29 The Hiree’s obligations include the obligations to:
a) pay the Hire Fees set out in this contract
b) keep the Assets in good condition subject to fair wear and tear
c) not tamper with, repair or alter the Assets
d) not use the Assets for an illegal purpose
e) not use the Assets while under the influence of alcohol or drugs
f) advise Little Digger of any mechanical misfunctions as soon as they are identified
g) advise Little Digger of any damage to the Assets as soon as the damage occurs
h) observe all relevant laws and regulations including health and safety regulations
i) observe all manufacturer operational guidelines and limits such as load or gradient limits
j) ensure only appropriately licensed and competent persons use the Assets
k) retain sole possession of the Assets during the Hire Period
l) not hold out to any other person that they own the Assets
m) deal with Assets as a bailee only and not re-hire, re-let, sell or encumber the Assets
n) return the Assets to Little Digger at its usual business address at the end of the Initial Hire Period or as otherwise directed by Little Digger verbally or in writing including by text message or email to return the Assets to Little Digger
o) clean the Assets before returning them to Little Digger
p) allow Little Digger to enter its premises to inspect or regain possession of the Assets
q) observe Little Digger’s directions regarding the safe operation of the Assets
r) compensate Little Diggers for any loss caused to it for any reason including accident, theft, vandalism, breach of operational guidelines or any other cause
s) record the details of any person who uses the Assets including their name, licence details, date and time that used the Assets
t) pay all third-party costs including tolls, fines, penalties and other Government charges caused by the Hiree’s use of the Assets during the Hire Period
u) refill the fuel tank at the end of the Hire Period
v) not interfere with any GPS location equipment or similar equipment fitted to the Assets
w) record the details of any accident involving the Assets and co-operate with Little Digger or Little Digger’ insurer in recovering damages from such an accident.
The Hiree’s knowledge of the Assets
The Hiree agrees it has selected the correct Assets, that they are suited to the intended tasks, that it can operate the Assets and understands the occupational health and safety rules applying to the Assets.
Title to Assets
30 Little Diggers retains sole title to all Assets hired by the Hiree during the Hire Period. The Hiree does not obtain any legal or beneficial interest in the Assets other than as a bailee.
Resumption of possession by Little Digger
31 Little Diggers may resume possession of the Assets at any time without notice to the Hiree if for any reason Little Digger reasonably believes the Hiree has or may breach this Agreement.
32 Little Diggers will not be liable for any costs incurred by the Hiree as a consequence of it resuming possession of the Assets under the above clause.
Damage to premises
33 Little Diggers is not responsible for any damage to the Hiree’s Premises or other premises on delivery or pick up of the Assets or during the Hire Period.
Indemnities by the Hiree
34 The Hiree indemnifies Little Diggers for any loss or damage to the Assets and any loss or damage caused by the unauthorised use of the Assets during the Hire Period.
35 The Hiree indemnifies Little Diggers for any liability for any costs or liabilities for any injury to third persons or property caused by the Assets during the Hire Period.
Insurance by Little Digger
36 Little Diggers is not required to claim on any insurance policy it may hold for any losses or damages caused by the Hiree.
37 Little Diggers is not required to disclose insurance details to the Hiree.
Personal Properties Securities Act (PPS Law)
38 Little Diggers may register its security under the PPS Law. The Hirer must do all things necessary to allow Little Diggers to do this.
39 Little Diggers’ rights under this agreement are in addition to its rights under the PPS Law.
40 The Hiree must not sub-hire or otherwise pass possession of the Assets to any other person.
41 The Hiree must not create or purport or attempt to create any security interest in the Asset under the PPS Law.
42 The Hiree agrees it does not require a verification statement under the PPS Law.
Sub-hiring the Assets
43 The Hiree must not sub-hire or otherwise purport to pass possession of the Assets to any other person without Little Diggers’ prior written consent.
44 This contract is subject to the laws of the state of Victoria and the Commonwealth of Victoria.
45 This contract may give rise to payment claims under the Victorian Building and Construction Industry Security of Payment Act.
46 Little Diggers agrees to not use the Hiree’s private information for any purpose other than giving effect to this contract. Little Diggers agrees to not provide the Hiree’s private information to any person unless it is required to do so by law.
47 Little Diggers agrees to observe the Australian Privacy Principles pursuant to the Privacy Act 1988 (Cth) as amended and all other relevant privacy laws and regulations.
Appendix: Definitions of certain words and phrases used in this hire contract
Little Diggers is Little Diggers Mordialloc Pty Ltd ACN 642 106 849 with its registered office at 43 Crown Avenue Mordialloc Victoria.
Assets has the meaning given in clause 6.
The person hiring the Assets and in the case of a company purporting to hire the Assets it includes the director or directors of that company.
Initial Hire Period
Initial Hire Period has the meaning given in clause 8.
Hire Period has the meaning given in clause 9.
Agreed Hire Fee
Agreed Hire Fee has the meaning given in clause 15.
The Hiree’s Representative
The Hiree’s Representative is any person who represents the Hiree in the Hire.