Axion Construction Robotics Pty Ltd
ABN 76 694 069 764
501/370 Albert Street, East Melbourne VIC 3002
[To be completed at booking]
This Equipment Hire Agreement (Agreement) is made between the Owner named above and the Hirer named above. The Owner agrees to hire, and the Hirer agrees to hire, the Equipment on the terms of this Agreement and each Hire Schedule issued under it.
Each hire of Equipment under this Agreement is to be recorded in a written hire schedule, quote, order confirmation, invoice, delivery docket or similar document issued or accepted by the Owner (Hire Schedule). Each Hire Schedule forms part of this Agreement.
Without limitation, a Hire Schedule may specify the Equipment description, model, serial number, hire period, delivery or collection details, location, charges, inclusions, exclusions and any special conditions. If there is any inconsistency between this Agreement and a Hire Schedule, the Hire Schedule will prevail to the extent of the inconsistency for that specific hire only.
The Owner agrees to hire to the Hirer the equipment described in the applicable Hire Schedule (Equipment). The Hirer acknowledges that, unless expressly stated otherwise in writing, the Equipment is supplied in good working order at the commencement of the hire and subject to normal operating tolerances, fair wear and any known conditions noted on delivery.
The Hirer must inspect the Equipment on delivery or collection and notify the Owner as soon as practicable of any apparent defect, shortage or discrepancy. Failing such notice, the Equipment will be taken to have been received in good condition for the purposes of this Agreement, except for latent defects not reasonably apparent on inspection.
The hire period begins on the earlier of delivery, collection or the date stated in the Hire Schedule, and ends only when the Equipment is returned to and accepted by the Owner, or otherwise recovered by the Owner.
Hire charges continue until the Equipment has been returned, inspected and accepted by the Owner, even if the Hirer stops using the Equipment earlier.
The Hirer must pay all hire fees, transport charges, call-out fees, consumables, software or service charges, cleaning fees, repair costs and other amounts payable under the Hire Schedule or this Agreement.
Unless otherwise agreed in writing, all amounts are payable in cleared funds by the due date stated on the Owner's invoice. The Owner may charge interest on overdue amounts at a reasonable commercial rate and may suspend performance or terminate the hire if payment is not made on time.
The Hirer must use the Equipment strictly in accordance with the Owner's instructions, all manuals, all manufacturer guidance, all site rules and all applicable laws, standards and safety requirements. The Hirer must ensure that only competent, trained and authorised persons operate or supervise the Equipment.
The Hirer must not misuse, abuse, overload, modify, tamper with, relocate without approval, reverse engineer, disable safety features on, or permit unauthorised access to the Equipment.
Risk in the Equipment passes to the Hirer on delivery or collection and remains with the Hirer until the Equipment is returned to and accepted by the Owner. During that time, the Hirer bears all risk of loss, theft, seizure, vandalism, damage and destruction, whether or not caused by the Hirer.
If the Equipment is lost, stolen, damaged, destroyed or not returned in the same condition in which it was supplied, fair wear and tear excepted, the Hirer must immediately notify the Owner and must pay the Owner, on demand, the reasonable cost of repair or the replacement value of the Equipment if repair is not economical or practicable.
The Hirer is also liable for freight, technician attendance, assessment costs, lost accessories, missing parts, cleaning beyond ordinary use and any downtime losses expressly stated in the Hire Schedule or otherwise recoverable at law.
The Hirer must maintain, at its own cost, current and adequate insurance policies including public liability insurance and insurance covering loss of and damage to the Equipment for its full replacement value while the Equipment is at the Hirer's risk.
The Hirer must provide certificates of currency and evidence of cover promptly on request by the Owner.
The Hirer must keep the Equipment secure, clean, properly stored and protected from damage, weather, contamination and misuse. The Hirer must not carry out repairs unless authorised by the Owner in writing, except to the extent necessary to prevent an immediate safety risk and only after reasonable efforts to contact the Owner.
The Owner may charge the Hirer for excessive cleaning, removal of contamination, replacement of worn or damaged consumables caused by misuse, and rectification of poor storage or handling.
Delivery and collection times are estimates only unless expressly guaranteed in writing. The Hirer must provide safe and reasonable access for delivery, collection, inspection, servicing and recovery of the Equipment.
When the hire ends, the Hirer must return the Equipment to the place nominated by the Owner, or make it available for collection, in the same condition in which it was supplied, fair wear and tear excepted, together with all keys, chargers, accessories, documents and attachments.
If the Hirer fails to pay any amount when due, breaches this Agreement, becomes insolvent, or the Owner reasonably considers the Equipment to be at risk, the Owner may terminate the hire immediately, suspend services, enter any premises where the Equipment is located to recover it, and charge the Hirer all outstanding amounts and reasonable recovery costs.
To the fullest extent permitted by law, the Hirer indemnifies and must keep indemnified the Owner and its officers, employees and agents against all claims, demands, actions, losses, liabilities, damages, costs and expenses arising out of or in connection with the possession, use, operation, transport, storage or return of the Equipment, except to the extent caused by the Owner's proven negligence or wilful misconduct.
To the fullest extent permitted by law, the Owner excludes liability for indirect loss, consequential loss, loss of profit, loss of revenue, loss of opportunity, business interruption and loss of data. Where liability cannot be excluded, it is limited to the resupply of the relevant services or the reasonable cost of resupplying them, except where such limitation is prohibited by law.
The Owner may terminate this Agreement or any Hire Schedule immediately by notice if the Hirer breaches this Agreement, fails to make payment, uses the Equipment unsafely, exposes the Equipment to unacceptable risk, or if the Owner reasonably believes continued hire is unsafe or commercially impracticable.
Termination does not affect any accrued rights, including the Owner's right to recover unpaid charges, damages and the Equipment itself.
The Hirer acknowledges that this Agreement may create a security interest for the purposes of the Personal Property Securities Act 2009 (Cth). The Hirer consents to the Owner registering any security interest arising under this Agreement and must do all things reasonably required by the Owner to protect and perfect that interest.
The Hirer acknowledges that the Equipment may include autonomous or semi-autonomous functions, software, firmware, sensors, telemetry, connectivity and remote monitoring capabilities. The Hirer must not interfere with or disable these functions except with the Owner's written consent.
The Owner may access usage logs, diagnostic data, operational status and performance information from the Equipment for maintenance, troubleshooting, safety, service improvement, fleet management, compliance and reporting purposes.
Unless expressly agreed in writing, the Owner does not guarantee uninterrupted operation, constant connectivity, software availability, mapping accuracy, navigation accuracy or uptime in every environment, and the Hirer must supervise operation appropriately for the site conditions.
The Hirer must ensure that the Equipment is only operated in a suitable environment, including surfaces, access ways, gradients, clearances, power supply, lighting and general site conditions appropriate for the Equipment. The Hirer must promptly notify the Owner of any site hazard, incident, collision, sensor error, system fault or unsafe condition.
⚠️ CRITICAL: The Hirer must not use the Equipment with water, liquids, chemicals, slurries or any form of moisture unless expressly approved in writing by the Owner. The Hirer must not operate the Equipment in wet areas, in rain, in wash-down zones, or in any environment where water or liquids may contact, enter or affect the Equipment.
The Hirer acknowledges that the Equipment is designed for dry operation only unless otherwise stated in writing by the Owner, and that exposure to water or liquids may cause electrical failure, corrosion, sensor damage, battery damage, system malfunction and serious safety hazards.
Any exposure of the Equipment to water or liquids constitutes negligent misuse. In that event, the Hirer is fully liable for all repair costs, assessment costs, freight, technician attendance, cleaning, parts replacement, full replacement value where the Equipment is not economical to repair, and any resulting loss or downtime recoverable by law or expressly stated in the Hire Schedule.
This Agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.
This Agreement may only be varied in writing. If any provision is unenforceable, it is to be read down or severed to the minimum extent necessary without affecting the remaining provisions. This Agreement and each Hire Schedule constitute the entire agreement between the parties in relation to the hire of the Equipment.
Executed as an agreement. A formal signed copy will be required before equipment delivery.
Owner / Supplier
Axion Construction Robotics Pty Ltd
Signature: _______________________________
Date: __________________
Name: _______________________________
Position: _______________
Hirer / Customer
[Insert client legal name]
Signature: _______________________________
Date: __________________
Name: _______________________________
Position: _______________
Note: A separate Hire Schedule will be attached for each job, including equipment description, serial numbers, site, hire rates and special conditions.
Questions about this agreement?