These terms and conditions apply to the exclusion of any other conditions proposed by the Hirer, unless otherwise agreed by SRB Group of Companies Pty Ltd/SRB Dingo Contracting Pty Ltd (SRB Group) and the Hirer in writing. SRB Group agrees to hire Equipment to the Hirer on terms set out in this document. If the Hirer wishes to hire Equipment the Hirer must complete and sign (or otherwise accept in the manner required by SRB Group) a Hire Schedule and such other documents as SRB Group may require. Each Hire Schedule is not a separate contract but forms a part of this hire agreement between SRB Group and the Hirer, together with any credit application, guarantee and indemnity or other contractual documents. SRB Group may in its absolute discretion decline to hire Equipment to the Hirer at any time if it has reasonable cause to do so.

1. INTERPRETATION OF WORDS IN THIS CONTRACT;

Commencement

The date when the Hirer takes possession of the Equipment. Equipment – Means any kind of equipment, vehicles or tools including but not limited to the following kinds of goods or goods suitable for the following kinds of uses: cleaning; cooling and/or heating; entertainment; waste management; landscaping and gardening: plumbing: fencing and covering: lifting: access; air and air compression; pumping and fluid management; welding; compaction; concrete & masonry; flooring; earthmoving; floor care and cleaning, generation and power distribution; ground equipment and shoring; ladders and scaffolding; propping; lighting; materials handling; offshore pumps; safety equipment; storage; site accommodation including portable buildings and portable toilets; traffic management including road barriers; signage; vehicles including trucks, vans and trailers, and includes tools and parts and accessories for any of the foregoing.

Hire Charge

The amounts shown on the Hire Schedule payable by the Hirer to hire the Equipment.

Hire Period

Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case, this can only be done if the Hirer requests it and if SRB Group agrees. SRB Group may issue and require the Hirer to sign an amended Hire Schedule for any extension of the Hire Period.

Hire Schedule

Means a document which SRB Group may require the Hirer to sign (or accept in a way SRB Group of requires) including particulars of the Equipment and the Hire Period and such other information as SRB Group may decide to require.

Owner

The company or companies listed on the Hire Schedule being SRB Dingo Contracting Pty Ltd and SRB Group of Companies Pty Ltd trading as SRB Contracting Pty Ltd and SRB Group.

Hirer

Means any person who requests the Owner to hire the equipment, being an employee or representative of the Company at the time of the hire of the Contract.

Kilometre’s Charge

The amount payable for the kilometre’s that a Motor Vehicle has, in the reasonable opinion of SRB Group, travelled during the Hire Period.

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Motor Vehicle

A truck or utility but not any other equipment such as a scissor lift, trailer, bobcat or excavator.

2. SRB GROUP OBLIGATIONS, SRB GROUP WILL:

2.1 Allow the Hirer to take and use the Equipment for the Hire Period;

2.2 Provide the Equipment to the Hirer clean and in good working order;

2.3 Collect the Equipment within 5 days of being requested to do so by the Hirer and issuing to the Hirer a Hirer Pick Up Number. NOTE TO HIRER: You must return the Equipment at your expense when due back unless you obtain a Hirer Pick Up Number from SRB Group.

3. OBLIGATIONS OF THE HIRER THE HIRER MUST:

3.1.A Deliver the Equipment to SRB Group of Companies Pty Ltd when it is due back by 6:00am;

3.1.B Corrosive Substances: The Hirer must notify SRB Group of Companies Pty Ltd prior to the hire if the equipment will be exposed to corrosive or caustic substances such as salt, acid, fertilizer, oils or asbestos etc. The Hirer is responsible for all damagers and wear to the equipment caused by such exposure.

3.2 Return the Equipment to SRB Group of Companies Pty Ltd clean and in good repair; 3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes;

3.4 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by SRB Group of Companies Pty Ltd or posted on the Equipment;

3.5 Indemnify SRB Group for all injury and/or damage caused or contributed to by the Hirer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;

3.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Hirer is authorized by the Hirer to do so and the Hirer will not allege that any such person is not so authorized;

3.7 Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed;

3.8 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;

3.9 Safely secure all items loaded in or on the Equipment or in or on the Hirer’s vehicle, and indemnify SRB Group of Companies Pty Ltd in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Hirer;

3.10 Collection of all machinery to be towed or transported with an adequate motor vehicle and/or power source, SRB Group of Companies Pty Ltd take no liability for overloading of vehicle.

3.11 Report and provide full details to SRB Group of Companies Pty Ltd of any accident or damage to the Equipment immediately once the accident or damage occurs.

3.12 The Hirer is responsible to make sure they have full insurance cover for the total Insurance value as stated on Page 2 of the Dry Hire Agreement.

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The Hirer must NOT:
3.13 Tamper with, damage or repair the Equipment;
3.14 Lose or part with possession of the Equipment;
3.15 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract; 3.16 Allow any person to drive a Motor Vehicle if the person:

(a) does not hold a suitable license to drive that class of Motor Vehicle; or (b) is affected by drugs and/or alcohol.

3.17 Exceed the recommended or legal load and capacity limits of the Equipment;

3.18 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment.

3.19 Exceed the recommended or legal speed limit for the Equipment.

3.20 Use the machinery or vehicles in salt water or in and around fertilizer plants.

3.21 Hire machinery or vehicles to a 3rd party with consent from the Management.

3.22 Must notify the Hirer if intended to use the machinery or vehicle on a mine site by writing via email.

3.23 Must not remove any Company Logos or Stickers without prior consent and permission via email, doing so will incur a fee of $1000.00 for replacements of Logo/Stickers per machine.

4. PAYMENTS BY THE HIRER TO SRB GROUP OF COMPANIES PTY LTD:

4.1 On or before Commencement (or as otherwise specifically agreed with SRB Group), the Hirer will pay the Hire Charge, including all public holidays irrespective of whether or not the equipment is being used.

4.2 Immediately on request by SRB Group, the Hirer will pay:
(a) the new list price of any Equipment which is for whatever reason not returned to SRB Group.

NOTE TO HIRER: Subject only to any express provision of this Contract to the contrary, the Hirer is responsible for loss or theft of the Equipment)

(b) all costs incurred in cleaning the Equipment;

(c) the full cost of repairing any damage to the Equipment caused or contributed to by the Hirer, unless expressly agreed otherwise in this Contract;

(d) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Hirer’s use of the Equipment;

(e) all costs incurred by SRB Group of Companies Pty Ltd in delivering and recovering possession of the Equipment; (f) a late payment fee calculated daily at 3% per month on all amounts owing by the Hirer not paid on time;

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(g) the Kilometer Charge and any additional Hire Charges;

(h) the cost of fuels and consumables provided by SRB Group and not returned by the Hirer;

(i) any expense and legal costs (including commissions payable to commercial agent) incurred by SRB Group in enforcing this Contract due to Hirers default:

(j) all costs of repairing or replacing tyres, tracks and ground engaging tools (GET), the Owner may choose to charge the Hirer repair or replacement fee in proportion to the Hirers usage.

(k) if any damage and/or theft waiver applies, the amount for which the Hirer is liable as set out in this Contract.

4.3 Without limiting the ability of SRB Group to recover all amounts owing to it, the Hirer authorizes SRB Group to charge any amounts owing by the Hirer to any credit card or account details of which are provided to SRB Group.

4.4 SRB Group may tokenize the Hirers Credit Card or Account details to facilitate credit card or online payment.

5. PPSR LAW:

5.1 This clause applies to the extent that this Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Register Act 2009 (Cth) (“PPSR Law”). References to PPSR Law in this agreement include references to amended, replacement and successor provisions or legislation.

5.2 If SRB Group of Companies Pty Ltd does not have at Commencement a PPSR Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period, (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Hirer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than:

(a) 20 days in the case of Equipment which may or must be described by serial number in a PPSR Law registration; or

(b) a year in any other case.

5.3 SRB Group of Companies Pty Ltd may register its security interest. The Hirer must do anything (such as obtaining consents and signing documents) which SRB Group of Companies Pty Ltd requires for the purposes of:

(a) ensuring that SRB Group of Companies Pty Ltd’ security interest is enforceable, perfected and otherwise effective under the PPS Law;

(b) enabling SRB Group of Companies Pty Ltd to gain first priority (or any other priority agreed to by SRB Group of Companies Pty Ltd in writing) for its security interest;

(c) enabling SRB Group of Companies Pty Ltd to exercise rights in connection with the security interest.

5.4 The rights of SRB Group of Companies Pty Ltd under this document are in addition to and not in substitution for SRB Group of Companies Pty Ltd’ rights under other law (including the PPS Law) and SRB Group of Companies Pty Ltd may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it SRB Group of Companies Pty Ltd security interest will attach to proceeds.

5.5 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires SRB Group of Companies Pty Ltd to give a notice to the Hirer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires SRB Group of Companies Pty Ltd to give a notice to the Hirer); section 129(2) and 129(3); section 132(3)(d) (contents of

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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).

5.6 The following provisions of the PPS Law: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on SRB Group of Companies Pty Ltd. Hirer agrees that in addition to those rights, SRB Group of Companies Pty Ltd shall, if there is default by Hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer agrees that SRB Group of Companies Pty Ltd may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.

5.7 The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.

5.8 SRB Group of Companies Pty Ltd and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to SRB Group of Companies Pty Ltd the benefit of section 275 (6)(a) and SRB Group of Companies Pty Ltd shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.

5.9 Hirer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of SRB Group of Companies Pty Ltd.

5.10 Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless SRB Group of Companies Pty Ltd (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to SRB Group of Companies Pty Ltd and must be expressed to be subject to the rights of SRB Group of Companies Pty Ltd under this agreement. Hirer may not vary a sub-hire without the prior written consent of SRB Group of Companies Pty Ltd (which may be withheld in its absolute discretion).

5.11 Hirer must ensure that SRB Group of Companies Pty Ltd is provided at all times with up-to-date information about the sub-hire including the identity of the sub- hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.

5.12 Hirer must take all steps including registration under PPS Law as may be required to:

1. (a)  ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law;

2. (b)  enabling the Hirer to gain (subject always to the rights of SRB Group of Companies Pty Ltd) first priority (or any other priority agreed to by SRB Group of Companies Pty Ltd in writing) for the security interest; and

3. (c)  enabling SRB Group of Companies Pty Ltd and the Hirer to exercise their respective rights in connection with the security interest. To assure performance of its obligations under this agreement, the Hirer hereby gives SRB Group of Companies Pty Ltd an irrevocable power of attorney to do anything SRB Group of Companies Pty Ltd considers the Hirer should do under this agreement. SRB Group of Companies Pty Ltd may recover from Hirer the cost of doing anything under this clause 5, including registration fees.

6. DAMAGE WAIVER:

6.1 Damage Waiver is not insurance but is an agreement by SRB Group that the Hirer’s liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.

6.2 Damage Waiver applies to all hires, subject to the conditions below, for no additional fee. The Damage Waiver Excess is the actual recovery and repair cost of the Equipment, or 20% of the current replacement cost of the Equipment as reasonably determined by SRB Group using suppliers list prices, whichever is the lesser amount.

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DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE HIRER’S LIABILITY in the

following circumstances;

(a) where the Equipment is lost or stolen;
(b) where the operator is not suitably licensed;
(c) where the operator is affected by drugs and/or alcohol;
(d) where the equipment has been wilfully damaged by the Hirer or its employees or agents;

(e) where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance;

(f) where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road; or

(g) where the damage is caused in any way by overloading.
6.3 The Hirer may pay an additional Vehicle Waiver Plus Fee (Excluding Hirers driving with “P” plate licences) in relation to the hire of Motor Vehicles, which will;

(a) reduce the Damage Waiver Excess in relation to Motor Vehicles;
(b) cover damage to a pantech or van body above cab height; and
(c) add a Theft Waiver component for Motor Vehicles. Theft Waiver is not insurance, but is an agreement by

1. (i)  SRB Group that the Hirer’s liability for theft or loss of the Motor Vehicle can be limited in some circumstances only to an amount called the Theft Waiver Excess.

2. (ii)  SRB Group will ask the Hirer to pay the Vehicle Waiver Plus Fee on the hire of Motor Vehicles, but the Hirer may decide to opt out of that payment.

3. (iii)  The reduced Damage Waiver Excess and the Theft Waiver Excess apply to Motor Vehicles when the Vehicle Waiver Plus Fee is paid this will be shown on the Hire Contract and will vary for different classes of vehicles.

6.4 The Hirer may pay an additional Equipment Waiver Plus Fee in relation to the hire of medium and large equipment (being such Equipment as determined by SRB Group from time to time), which will;

(a) reduce the Damage Waiver Excess in relation to medium and large equipment; and

(b) add a Theft Waiver component for medium and large machinery, Theft Waiver is not insurance but is an agreement by SRB Group that the Hirer’s liability for theft or loss of the Equipment can be limited in some circumstances only to an amount called the Theft Waiver Excess.
SRB Group will ask the Hirer to pay the Equipment Waiver Plus Fee on the hire of medium and large equipment, but the Hirer may decide to opt out of that payment.

Payment of the Equipment Waiver Plus Fee is compulsory on all earth moving equipment, unless SRB Group agrees to accept a certificate of insurance provided by the Hirer at its own cost.
The reduced Damage Waiver Excess and the Theft Waiver Excess which apply to medium and large equipment when the Equipment Waiver Plus Fee is paid will be shown on the Hire Contract and will vary for different types of machinery.

THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE HIRER’S LIABILITY FOR THEFT in the following circumstances;

(c) where the Hirer has failed to keep the Equipment in a securely locked Compound, or in the case of a Motor Vehicle, has failed to properly secure or lock the Motor Vehicle; or

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(d) where the Hirer has failed to submit to SRB Group a Police Report on the theft within 7 days of the theft allegedly occurring. In the event of Theft Waiver applying, hire fees will be charged to the Hirer until the Police Report is provided to SRB Group of Companies Pty Ltd. Damage Waiver or Theft Waiver will NOT apply where SRB Group determines that any of the applicable circumstances in clauses 6.2(a)-(g) or 6.4(a)- (b) respectively have occurred, unless the Hirer is able to establish otherwise to the reasonable satisfaction of SRB Group.

7. EXCLUSION OF WARRANTIES AND LIABILITIES:

7.1 Where the Australian Consumer Law applies, the Hirer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.

7.2 Where the Australian Consumer Law applies, and the goods are not of a kind ordinarily acquired for personal domestic or household use or consumption, SRB Group liability in respect of any guarantee is limited to the replacement or repair of the goods, or the cost of having the goods repaired or replaced.

7.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. SRB Group makes no representations and gives no warranties other than those set out in these Hire Contract Conditions and will not be liable to the Hirer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Hirer.

8. REMOTE HIRE:

Where the Equipment is at any time hired by the Hirer to be located in the Remote Area, the following clauses will also apply, in addition to the obligations of the Hirer under Clause 3 and elsewhere in these Hire Contract Conditions;

(a) The Hirer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by SRB Group (‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometer rate travelled by SRB Group staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by SRB Group of Companies Pty Ltd and its staff in connection with travel to and from the Remote Area;

(b) Multiple items of Equipment hire by a Hirer on the one site will only be charged for one call out fee;

(c) The Hirer is responsible at its cost for daily maintenance and care of all Equipment in its possession, including daily checking of all fluids (fuel, oil, water, battery levels etc) and general tightening of any loose nuts, bolts, belts or fittings, lubrication of all grease points and GET and perform service and maintenance routines for the equipment as per service maintenance schedule being every 250hrs intervals.

9. BREACH OF HIRE CONTRACT BY HIRER:

9.1 If the Hirer breaches any clause whatsoever of this Contract, or becomes bankrupt, insolvent or ceases business then SRB Group shall be entitled to:

(a) terminate this Contract; and/or

(b) sue for recovery of all monies owing by the Hirer; and/or

(c) repossess the Equipment (and is authorized to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.

9.2 The Hirer indemnifies SRB Group in respect of any damages, costs or loss resulting from a breach by the Hirer of any provision of this Contract.

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10. DISPUTES:

10.1 The Hirer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to SRB Group in writing within 1 day of the Hire Contract date. In the event that no communication is received from the Hirer within that 1-day period, the Hire Charges are deemed to be accepted by the Hirer.

10.2 If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due to SRB Group), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.

11. PRIVACY:

SRB Group Ltd will comply with the Australian Privacy Principles in all dealings with Hirers. A copy of the SRB Group Privacy Statement is available upon request.

12. CLEANING and REFUELING:

12.1 If the machine returns to SRB yard in an unclean state the hirer will be charged at $90.00 per hour excluding gst for cleaning, minimum charging being 2 hours.

12.2 If the machinery needs to be refuelled, it will be charged out at $3.50 per litre.

13. NO SMOKING POLICY:

13.1 at no time smoking is NOT PERMITED in any machinery or vehicles hired from SRB Group.

13.2 any signs of smoking inside of the machinery, the Hirer will be responsible for all cleaning charges and replacements of all internal filters inside of the cab.

14.ON HIRE AND HOURS:

14.1 the hire start date will commence from the time collected from the yard being 38A Hurrell Way, Rockingham until it is deliver back from site unless other arrangements are made and agreed to via email

14.2 daily hire is based on 8 hours per day unless otherwise agreed via email in writing

14.3 equipment to be deliver back to SRB Group yard being 38A Hurrell Way, Rockingham by 6:00am the following day unless prior arranges have been agreed to via email in writing. All late returns will be charged at agreed daily dry hire rates until returned.

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15. OFF HIRE:

15.1 machinery and vehicles are to be returned in the same condition to that hired, this includes but is not limited to fuel, cleanliness and tools and books and subject to fair wear and tear.

15.2 off hire charges include but are not limited to the following items

1. (i)  Fuel

2. (ii)  Fire Extinguishers (recharge or replace)

3. (iii)  Panel Damage including under cab / body

4. (iv)  Railing damage

5. (v)  Boom / Stick damage including hoses and fittings

6. (vi)  Track / tyre / roller damage beyond fair wear and tear

7. (vii)  Attachment damage

8. (viii)  G.E.T. wear

9. (ix)  Mirrors (replace / repair)

10. (x)  Windows (replace / repair)

11. (xi)  Cleaning to return to on hire state

12. (xii)  Vandalism

13. (xiii)  Operators Manual / relevant hire books

14. (xiv)  Replacing of Company Logos and Stickers

16. GOVERNING LAW:

16.1 This Hire Contract is a payment claim under the Building and Construction Industry Security of Payment Act 1999 NSW, the Building and Construction Industry Security of Payment Act 2002 VIC, the Building and Construction Industry Payments Act 2004 QLD, the Building and Construction Industry Security of Payment Act 2009 SA, the Construction Contracts Act 2004 WA, the Building and Construction Industry (Security of Payment) Act 2009 ACT, the Building and Construction Industry Security of Payment Act 2009 TAS, and/or the Construction Contracts (Security of Payments) Act 2009 NT.

16.2 Except where SRB Group in its discretion takes action against the Hirer under any of the Building and Construction Industry legislation referred to in this clause, SRB Group and the Hirer agree that this Contract is governed by the law of the state of New South Wales, and the parties submit to the jurisdiction of the courts of that State.