1How a hire becomes binding
Clauses 2 to 5Our Master Hire Agreement is signed or accepted once and then applies to every hire, now and in the future, without being signed again.
A handwritten signature is not the only way a hire becomes binding. You are bound by accepting a quote, invoice or Hire Confirmation, issuing a purchase order, paying a deposit, requesting delivery, collecting the machine, or using it.
Each specific hire is recorded by a Hire Confirmation, quote, invoice or sales order. If anything is inconsistent, that document governs the specific hire and the Master Hire Agreement governs the terms.
2Who is bound
Clauses 1.6 to 1.10Anyone who signs, accepts, orders, pays for, requests delivery of, collects, takes possession of, uses or directs the use of the equipment is bound by the agreement.
If a person tells us they are acting for a business, we may rely on that. The business and that person are both responsible.
3Charges, minimum hire and off-hire
Clauses 6, 8.5 and 8.9You pay the hire charges plus delivery, collection, fuel, charging, cleaning and any damage or loss charges set out in the Hire Confirmation.
Unless you are on an approved credit account, charges are payable up front before delivery or pickup.
Minimum hire periods apply as stated in your quote or invoice.
Hire charges continue until the machine is properly off-hired with us and is available for collection. Telling the site the job is finished is not an off-hire. Call or email us.
Overdue amounts may incur interest and recovery costs.
4Delivery, access and collection
Clauses 8.6 and 17Risk in the machine passes to you on delivery, or when you collect it.
You must provide safe, clear and lawful access for delivery, operation, inspection and collection. If access is blocked, the ground is unsuitable or nobody is there to receive the machine, waiting time and a failed delivery or failed collection charge may apply.
Delivery windows are estimates. We will tell you if a truck is running late.
5Safe use and operators
Clauses 9 to 11You are solely responsible for making sure the machine is used safely, lawfully and only by people who are trained, competent and licensed for it.
We do not supply operators, site supervision, licence checks, safe work method statements or site inductions. Where a high risk work licence is required for the class of machine, you must hold it.
Before each use, a competent person must complete the pre-start and pre-operational checks. If the checks are not done, or the machine is not confirmed safe, it must not be used.
6Site, ground and machine suitability
Clauses 14 to 16You are responsible for confirming that the site, access route, operating area and ground conditions suit the machine, including slopes, soft ground, floor loadings, covers and pits.
We are happy to give general information about specifications, and we will tell you when we think a machine is wrong. Confirming that the machine suits your actual task remains your responsibility.
7Power lines and electrical hazards
Clause 13You must identify overhead power lines and electrical hazards and keep the legally required exclusion distances. Where there is any doubt, the machine must not be used until the hazard is resolved with the network operator or a qualified person.
8Faults and breakdowns
Clause 12Stop using the machine immediately and tell us if a fault, defect or warning light appears. Do not arrange your own repairs without our written consent.
Breakdown caused by fair wear and tear is ours to fix. Breakdown caused by misuse, overloading, failure to charge or refuel, or use outside the manual is charged to you.
9Fuel, charging, cleaning and damage
Clauses 8.1 to 8.4 and 8.7Diesel and petrol machines come back with a full tank. Electric machines must be kept adequately charged during the hire.
Machines come back clean and in the same condition, fair wear and tear excepted. Cleaning charges apply where they do not.
You are responsible for damage, loss, theft, tyre and track damage, punctures, battery and charger damage, and for damage caused by misuse or unauthorised operators.
Do not remove, cover or tamper with our decals, asset labels or safety signage.
10Insurance, risk and indemnity
Clauses 18 and 19You bear the risk in the machine for the whole hire period and should hold insurance covering its full replacement value, plus public liability for the work you are doing.
You indemnify us against claims, loss, damage, injury, penalties and costs arising from your use of the machine or your site.
11Limits on our liability
Clause 8.10Nothing in our terms excludes rights you have under the Australian Consumer Law.
Beyond those rights, our liability is limited as set out in the agreement, and we are not liable for your loss of profit, loss of production, downtime or consequential loss.
12Ownership and the PPSA
Clause 20The machine remains our property at all times, you get possession, never ownership. The agreement creates a security interest under the Personal Property Securities Act 2009 (Cth), which we may register.
13Governing law
Final clausesThe agreement is governed by the laws of New South Wales.
The documents behind a hire
- Master Hire Agreement, signed or accepted once, then applies to every hire.
- Hire Confirmation, quote or invoice, the machine, dates, site, rates and charges for that specific hire.
- Credit Account Application, only where you want an account rather than paying up front.
- Risk assessment and pre-operational check sheet, supplied with the machine, to be used by a competent person before each use.
- Sale Terms and Conditions, a separate document, used when you buy a machine rather than hire it.
Ask for any of these and we will email them to you. Nothing needs to be signed to get a quote.
Who you are contracting with
KL&S Enterprises Pty Ltd trading as Equip Hire, ABN 21 676 209 395, of 770-776 Richmond Road.
Summary last updated July 2026 against the approved Master Hire Agreement.