Excavator Hire Agreement

Hat Creek Company Pty Ltd — ABN: 66 165 526 969

This agreement is for the dry hire of an excavator and any selected attachments. By submitting this form, the customer agrees to these terms.

Eligibility: The customer must be at least 18 years old and must hold a valid driver's licence.

Hire Details: Equipment Hired: Excavator. Optional Attachment: Auger ($50.00 + GST per day). The excavator hire rate is $250.00 + GST per day. A day means a 24-hour period starting from the time the equipment is collected or delivered. Payment is required before the equipment is released unless otherwise agreed in writing. Any bond may be used to cover unpaid hire fees, cleaning, damage, or reasonable recovery costs.

Bank Details for Payment:

Account Name: Hat Creek Company Pty Ltd.

BSB: 014720. Account Number: 328373062.

Condition of Equipment: The equipment will be supplied in good working order, fair wear and tear excepted. The customer must return the equipment in the same condition, reasonably clean and refuelled. Additional cleaning or refuelling charges may apply if the equipment is returned excessively dirty or low on fuel.

Customer Responsibilities: The customer agrees to use the equipment safely and only for its intended purpose; ensure the operator is properly trained, licensed and competent; keep the equipment secure when not in use; not lend, sub-hire, sell, lease, or otherwise part with possession of the equipment without written permission; not modify, tamper with, or repair the equipment without approval; check that the equipment is suitable for the intended use and site conditions; and locate underground services and manage site safety, traffic and access. The equipment remains the property of Hat Creek Company Pty Ltd at all times.

Damage, Breakdown, Theft and Late Return: The customer is responsible for loss, theft or damage to the equipment while it is in the customer's possession, except for fair wear and tear. If the equipment breaks down, is damaged, stolen or lost, the customer must notify Hat Creek Company Pty Ltd immediately and stop using it if it is unsafe. An extra day hire charge of $250.00 + GST applies for each additional day or part day after the agreed return time. Hat Creek Company Pty Ltd may also charge reasonable costs for recovery, transport, downtime or administration.

Cancellations and Liability: If the customer cancels within 24 hours of the scheduled start time, Hat Creek Company Pty Ltd may charge a reasonable cancellation fee, up to one day of hire, subject to any rights that cannot be excluded under the Australian Consumer Law. To the extent permitted by law, the customer indemnifies Hat Creek Company Pty Ltd against claims, loss, damage, injury or property damage arising from the customer's possession or use of the equipment. Nothing in this agreement excludes any rights or guarantees that cannot be excluded under the Australian Consumer Law. This agreement is governed by the laws of Queensland.