Terms Of Hire

NORTH END HIRE AGREEMENT
Last Updated October 2025 Version 1.0
Email: northendhire.sa@gmail.com | www.northendhire.com.au

1. The Hire Agreement

These Terms of Hire, together with each Hire Schedule provided to you by North End Hire, and any Special Conditions specific to the type of Vehicle, Machinery, Trailer or Equipment You have hired, set out the terms of the hire agreement (the “Hire Agreement”) between you and North End Hire. The provision or acceptance of a Hire Schedule shall not form a separate agreement between You and North End Hire but shall constitute part of this Hire Agreement.

2. Interpretation of Words in this Contract

All terms such as “Customer”, “Equipment”, “Hire Period”, “Damage Waiver”, etc., are defined as per the following :

“Customer” or “Hirer” means the person, company, or entity hiring the Equipment from the Business as specified in the Hire Agreement or Tax Invoice, and includes the Customer’s employees, agents, contractors, or any person acting on the Customer’s behalf.

“Equipment” means all machinery, tools, attachments, accessories, or other goods hired out by the Business to the Customer, including any replacements, repairs, or substitute equipment provided during the Hire Period.

“Hire Period” means the period commencing from the time You take possession of the Vehicle, Machinery, Trailer or Equipment (or is delivered to the Customer by North End Hire) or until the Equipment is returned to North End hire and is in North End Hires control and possession, including weekends and public holidays.

“Damage Waiver” means a non-refundable fee (if applicable) that limits, but does not eliminate, the Customer’s liability for certain accidental damage to the Equipment, subject to the exclusions and limitations stated in this Agreement.

“Bond” or “Security Deposit” means the refundable amount (if applicable) paid by the Customer prior to or at the commencement of the Hire Period to cover potential loss, damage, or breach of this Agreement.

3. The Hire Period

3.1 The Hire Period commences on the earlier of:

when You take possession of the Vehicle, Machinery, Trailer or Equipment; or
when North End Hire delivers the Vehicle, Machinery, Trailer or Equipment to the address in the Hire Schedule.

3.2 The Hire Period is indefinite and ends only when the Equipment is back in North End Hires control or possession, including weekends and public holidays.

4. Calculation of Hire or Additional Charges

4.1 You will pay North End Hire for the hire in AUD as per the Hire Schedule.
4.2 The Hire Schedule outlines the applicable rate and method of calculation.
4.3 Additional charges apply for Skid Steers or Excavators exceeding 8 engine hours per day.
4.4 Usage is monitored. Charges continue beyond the scheduled return date if the Equipment is not returned.
4.5 A 45-minute grace period applies for pre-booked pickups.
4.6 Failure to make Equipment available for pickup may incur fees as detailed in the Hire Schedule.
4.7 Delays on return after-hours may incur a 25% late fee or a full extra day hire.
4.8 A refundable security bond of $500 (“Bond”) must be paid prior to the commencement of the Hire Period.
4.9 The Bond is held by North End Hire as security against loss, damage, excessive cleaning, late return, breach of agreement, or unpaid charges.
4.10 Upon return and inspection of the Equipment, the Bond (less any lawful deductions) will be refunded within 5 business days to the Customer’s nominated account or card.

4.11 Deductions may be made for:
• Repairs for damage not considered fair wear and tear.
• Cleaning where Equipment is returned in an excessively dirty condition.
• Late fees or extended hire charges.
• Replacement of lost parts or accessories.
• Any outstanding hire fees, penalties, or administration charges.

4.12 If deductions are made, North End Hire will provide the Customer with an itemised statement and supporting evidence (e.g., photos, invoices, or reports).

5. Additional Charges if Required

5.1 In addition to the Hire Charges, you agree to pay:
• Soiled or heavily soiled cleaning charges.
• Delivery, collection, or installation fees.
• Applicable stamp duty, GST, speeding fines, tolls, or parking fines.
• An administration fee for infringements.
• Surcharges for credit card payments.
• Environmental and maintenance charges.
• Call-out fees due to operator error or inability to service.

5.2 If Equipment damage is discovered post-hire:
• North End Hire will notify you with photo/video proof, a quote, and a 7-day dispute period.
• Payment may be debited to your nominated card.

6. Payment

6.1 For standard hire periods, you must pay all Hire Charges, the Bond, and applicable fees at the time of online booking.
6.2 For Long Term Hires, you must pay the first 21 days upfront. Thereafter, hire will be charged in 14-day intervals to your nominated payment method.
6.3 If payment is not received on time, North End Hire will send reminder notices via email and SMS with 3 business days to remedy.
6.4 Late payments may incur:
• Interest (monthly) calculated as the 90-day Bank Bill Swap Rate + 5%.
• Collection costs including commissions and legal fees.
6.5 North End Hire may set off any amounts owed by you against any funds owed to you by North End Hire or its related entities.

7. Liability for Loss or Damage

7.1 You are liable for any damage or loss to the Equipment during the Hire Period.

7.2 You are also liable for third-party property damage caused during the hire.
7.3 You are responsible for Equipment theft unless police deem otherwise.
7.4 You are liable for negligence in securing or safeguarding the Equipment.
7.5 If North End Hire reasonably believes the incident was not your fault, you must provide:

• Names and details of involved parties.
• Vehicle registrations.
• Incident description.
• Attending police details.
• Third-party insurer information.

7.6 North End Hire is liable only for damage due to its own negligence, including failure to maintain Equipment as per manufacturer guidelines.

8. Damage Waiver

8.1 Damage Waiver is not insurance. It limits your liability in certain circumstances.

8.2 Damage Waiver Basic (DWB) limits your liability to actual repair costs or 40% of replacement value.

8.3 Damage Waiver Plus (DWTP) limits liability to:

$1000 (vehicles requiring Class C licence)
$2000 (vehicles or machinery requiring other licences)

8.4 The waiver applies only if:

You selected and paid for DWB or DWTP at booking.
You pay the relevant excess per incident.

8.5 The waiver does not apply if:

Operator is unlicensed or under the influence.
Damage is from overloading, misuse, immersion in water, overhead/underbody collision.
Tyres/accessories are damaged beyond Fair Wear and Tear.
Theft is not reported within 24 hours.

9. Your Obligations to Us

You agree to:

9.1 Not re-hire or lend the Equipment unless approved by North End Hire.

9.2 Confirm the Equipment’s suitability and use it only as intended.

9.3 Report all accidents/damage immediately.

9.4 Accept these terms by making payment and ticking the agreement online.

9.5 Operate Equipment safely and legally, with trained and licensed operators.

9.6 Wear PPE and follow all safety instructions and signage.

9.7 Keep the Equipment clean, refuelled, lubricated and in good condition.

9.8 Not alter or tamper with the Equipment.

9.9 Store Equipment securely at all times.

9.10 Allow North End Hire access for inspection or maintenance.

9.11 Not use the Equipment outside of SA without written consent.

9.12 Consent to North End Hire’s use of GPS data for tracking and monitoring purposes.

9.13 Comply with Environmental Laws and prevent hazardous contamination.

9.14 Notify North End Hire immediately of any contamination risks.

9.15 Cover the costs of cleaning, decontamination or replacement due to contamination.

9.16 Re-test electrical equipment during hire per applicable standards.

9.17 Indemnify North End Hire for any loss, damage or injury caused by your use or misuse of the Equipment.

9.18 Use “Dial Before You Dig” prior to trenching or drilling.

10. Ownership of the Equipment

10.1 You acknowledge that all Equipment remains the property of North End Hire or a third-party owner.

10.2 You must not sell, assign, pledge or encumber the Equipment.

10.3 Equipment is never considered a fixture, even when located on your property.

10.4 If Equipment is sub-leased by North End Hire ownership remains with the third party.

11. Personal Property Securities Act (PPSA)

11.1 You acknowledge North End Hire may register a security interest (PMSI) in the Equipment under the PPSA.

11.2 You consent to this registration and agree to assist North End Hire with all necessary documentation. You waive the right to receive verification notices under section 157(3)(b) of the PPSA.

11.3 If you sub-hire the Equipment to another party:

You must either register your own security interest; or
Assign your enforcement rights to North End Hire as bailor.

11.4 You must notify North End Hire if any third party seizes or deals with Equipment under a competing security interest.

11.5 If you grant any security interest to another party, they must acknowledge North End Hire’s PMSI priority.

12. Responsibility of the Equipment or Machinery

12.1 You are responsible for any loss, theft, or damage to the Equipment during the hire period, unless caused solely by North End Hire’s actions.

13. Return of Equipment

13.1 You must return Equipment in clean condition and good working order (Fair Wear and Tear excepted). Additional cleaning charges may apply if not returned in this state.

13.2 Equipment must be returned to North End Hire’s place of business where hired, during normal business hours, unless otherwise agreed.

13.3 If North End Hire has agreed to collect, you must keep the Equipment safe and secure until that time.

14. A Plan to Follow If Equipment Breaks Down

14.1 If Equipment breaks down or becomes unsafe:

Stop using it immediately.
Prevent further damage.
Do not attempt repairs.
Email northendhire.sa@gmail.com with details of the issue with photo/video evidence.
Call North End Hire immediately using the number on the Equipment.

14.2 North End Hire will:

Attempt to repair or replace the Equipment promptly.
Not charge hire fees for the downtime if the issue wasn’t your fault.
Cover repair/replacement costs if the Equipment was defective.

15. A Plan to Follow If Equipment is Lost, Stolen or Damaged

15.1 If Equipment is damaged:

Stop using it immediately.
Prevent further damage.
Do not attempt repairs.
Email northendhire.sa@gmail.com with details of the issue with as much detail as possible.
Call North End Hire immediately using the number on the Equipment.

15.2 If Equipment is stolen:

Notify the North End Hire immediately.
Report to the police and obtain a report.
Submit a copy of the police report to North End Hire within 24 hours.

15.3 If police determine the theft was not your responsibility, North End Hire may waive liability per Clause 7.3.

15.4 If damage is due to your actions, or Equipment is returned in worse-than-fair condition:

You will be liable for repair or replacement costs.
You will also be charged hire fees during downtime.

15.5 You indemnify North End Hire for:

Personal injury,
Property damage, or
Third-party claims arising from your hire or use of Equipment, unless caused by North End Hire’s breach or negligence.

15.6 Each indemnity is a continuing obligation and survives termination of the Hire Agreement.

15.7 North End Hire is not liable for acts or omissions of any person acting under your control.

16. Remote Area Maintenance

16.1 If Equipment is used in a remote area (over 100 km from the North End Hires business location ), a per-kilometre charge will apply for delivery, pickup, or service travel—except for the first 20 km each way.

16.2 If multiple items are serviced at one remote location, only one call-out fee is charged.

16.3 You are responsible for daily maintenance checks including:

Fuel, oil, coolant, battery, waste tanks,
Hoses and hydraulic lines,
Tightening bolts, and
Greasing all required fittings.

16.4 If Equipment breaks down in a remote area due to your failure to perform basic maintenance, you will be charged for the service call and related costs.

17. Recovery of Machinery or Equipment

17.1 If you breach the Hire Agreement or it is terminated, North End Hire may recover the Equipment at your cost.

17.2 You authorise North End Hire to access your premises to retrieve the Equipment and agree to cooperate with that recovery process.

18. Termination of Hire Agreement

18.1 Either party may immediately terminate the agreement if:

The other party breaches a term and fails to remedy it within 7 days, or
The other party becomes insolvent, bankrupt, or ceases business.

18.2 North End Hire may terminate for any reason with 24 hours’ notice.

18.3 North End Hire may terminate immediately if you provide false information or breach relevant documents.

18.4 These rights are in addition to any other legal rights North End Hire may have.

19. Equipment Collected or Delivered in a Damaged or Defective Condition

19.1 If Equipment is delivered or collected and found to be damaged, you must notify North End Hire within 24 hours using the procedure in (Clause 14.1).

19.2 Failure to notify North End Hire within that timeframe will be taken as confirmation that the Equipment was received in acceptable condition.

20. Security

20.1 As security for all your obligations under this Hire Agreement, you charge all your legal and equitable interest (present and future) in any real property.

20.2 You agree to execute any documents necessary for North End Hire to register a mortgage or security interest over that property. If you fail to do so, you appoint North End Hire credit manager or solicitor as your attorney to sign on your behalf.

20.3 You consent to North End Hire lodging a caveat over any charged property and agree to indemnify North End Hire for all associated costs.

21. Governing Law

21.1 This Hire Agreement is governed by the laws of South Australia.

21.2 Both parties submit to the non-exclusive jurisdiction of South Australian courts for any disputes arising in connection with this agreement.

22. Privacy

22.1 North End Hire will comply with the Australian Privacy Principles in all dealings with you.

22.2 You consent to North End Hire collecting your personal information including (but not limited to):

Full name, address, driver’s licence details
Credit card details
Builder’s licence number (if applicable)
Insurance policy details

22.3 Your information may be used to:

Process and manage your equipment hire bookings, including fulfil delivery functions.
Communicate with you about your hire, services, or inquiries.
Maintain accurate business and accounting records.
Improve our services and website.
Prevent equipment theft.
Conduct marketing and maintain customer relationships.
Enter into or manage contracts
Comply with legal and insurance requirements.

22.4 North End Hire may disclose your personal information:

To credit providers or agencies for checks on your creditworthiness or business history

22.5 You have the right to access any personal information held about you by North End Hire.

22.6 For more information, see our Privacy Policy at www.northendhire.com.au.

23. Chain of Responsibility Obligations

23.1 You must comply with Chain of Responsibility laws (such as vehicle load limits, fatigue management, and safety practices) during Equipment transport and use.

23.2 If you subcontract transport or delivery, you must ensure those contractors are also contractually bound to Chain of Responsibility requirements.

24. Force Majeure

24.1 Neither party is responsible for delays caused by events beyond their control, including but not limited to:

Acts of God
War or terrorism
Government restrictions or embargoes
Natural disasters
Strikes or labour shortages
Shipping or transport unavailability

24.2 This clause does not excuse your liability for:

Equipment lost, stolen, or damaged beyond Fair Wear and Tear,
Damage caused by your negligence.

25. Entire Agreement

25.1 This document, along with the associated Hire Schedule and any Special Conditions, constitutes the entire agreement between you and North End Hire.

25.2 No additional terms (e.g. in purchase orders or emails) will apply unless both parties agree in writing.

26. No Reliance

26.1 You acknowledge that North End Hire has not made any representation, promise, or guarantee that has induced you to enter into this Hire Agreement, other than what is expressly stated in the document.

26.2 You agree that you are not relying on any verbal statements or external documents when agreeing to these terms.

27. Variation to Hire Agreement

27.1 North End Hire may vary this Hire Agreement from time to time without your consent, provided the change is not detrimental to your rights.

27.2 North End Hire will give you 28 days’ notice of any such change in writing (typically via email).

27.3 If you believe a variation is detrimental, you may terminate the agreement without penalty within 28 days of receiving the notice.

27.4 Any other variation must be agreed to in writing by both parties.

28. No Waiver of Rights

28.1 A failure or delay by North End Hire in enforcing any rights under this agreement does not constitute a waiver of those rights.

28.2 North End Hire retains the right to enforce any part of the agreement at any time, even if it hasn’t previously done so.

29. Severability

29.1 If any part of this agreement is found to be invalid or unenforceable, that part will be severed and the remainder will remain in full effect.

30. Signing This Hire Agreement

30.1 Your electronic confirmation of payment via the North End Hire’s website or other digital method constitutes acceptance of this agreement.

30.2 You warrant that the person completing the booking has authority to bind you to this agreement and authorise any security interests involved.

30.3 You indemnify North End Hire for any loss or damage incurred due to someone falsely claiming to have authority to sign on your behalf.

31. Claim for Payment

31.1 This Hire Agreement constitutes a claim for payment under the Building and Construction Industry Security of Payment Act SA 2009.

32. Assignment

32.1 North End Hire may assign this agreement to any third party (including a Related Body Corporate) without your consent.

32.2 If you are an individual hiring for personal or household use and the assignment would be detrimental to your rights, you may terminate the agreement within 28 days.

33. Provisions Excluded from Consumer or Small Business Contracts

33.1 The following clauses do not apply if this is a consumer contract or small business contract under Australian Consumer Law:

Clause 18.2 (termination on 24 hours’ notice)
Clause 20 (Security)
Clause 30 (Signing this Hire Agreement)
Clause 32.2 (Assignment)