TERMS OF HIRE

1 July 2023 Edition 1.

HIRE AGREEMENT

1.1 A Hire Agreement is formed on the provision of a Hire Schedule to You by Us (the Hire Agreement). The Hire Agreement applies to all Equipment hired by You. 1.2 The Hire Agreement consists of, in order of precedence. (a) these Terms of Hire; (b) the Hire Schedule; and (c) any Special Conditions specific to the type of Equipment You have hired. 1.3 Any documents supplied by You, including any terms in Your purchase order, will not form part of the Hire Agreement.

2. OUR HIRE COMMITMENT TO YOU

2.1 We agree to: (a) hire the Equipment to You for the Hire Period; (b) provide the Equipment to You in good working order; and (c) subject to the rest of this Hire Agreement, allow You to exclusively use the Equipment during the Hire Period.

3. HIRE PERIOD

3.1 The Hire Period commences on the earlier of the following: (a) when You take possession of the Equipment; or (b) if You request delivery of the Equipment, the time We deliver the Equipment to the address in the Hire Schedule, or other address as advised by You.

3.2 The Hire Period is for an indefinite term and ends when the Equipment is back in Our control or possession.

3.3 The Hire Period includes weekends and public holidays.

3.4 A Minimum Hire Period may apply in respect of certain items of Equipment. We will advise you at the time of hiring if a Minimum Hire Period applies, or if no Minimum Hire Period is specified the relevant Minimum Hire Period set out in clause 29 will apply. If You return the Equipment to Us before the expiration of the Minimum Hire Period, You must pay all Hire Charges in respect of the Minimum Hire Period.

4. HIRE RATES AND CHARGES

4.1 You must pay Us the Hire Charge set out in the Hire Schedule. The Hire Schedule will specify the rate which applies to You and the method of calculation.

4.2 You will be charged for the hire of Equipment for the full Hire Period. You must continue to pay the Hire Charges and other additional charges until the Equipment is returned to Us (unless We notify You otherwise in writing of an earlier off-hire date).

4.3 We may increase our rates for Hire Charges quarterly based on increases in the PPI and the CPI. If You do not accept the increase in Hire Charge You must return the Equipment to Us. You will not be entitled to claim a credit from Us if We have put You on notice of a change in our rates and You have continued to use the Equipment.

5. ADDITIONAL CHARGES

5.1 In addition to the Hire Charges, You agree to pay:

(a) for any consumables, fuel or trade materials We supply to You;

(b) for fuel where You return Equipment to Us that requires refueling;

(c) delivery or collection charges if You require Us to deliver, collect the Equipment. Additional Hire Charges may also apply if:

(i) the nominated time for delivery or collection of the Equipment is delayed by You or is outside of normal business hours;

(ii) the delivery or pick up location is outside of a 25km radius of Our branch; or

(iii) delivery, collection or installation is cancelled by You within 24 hours of the agreed time.

(d) excess hourly charges if non-static Equipment (including but not limited to mechanical or motor driven Equipment) is used by You for more than 12 hours per day;

(e) cleaning and repair charges if You do not return the Equipment in clean and good working condition;

(f) a charge for pumping out waste tanks or refilling water or fuel tanks;

(g) any stamp duty or GST arising out of this Hire Agreement and any other applicable levies, fines, penalties and any other government charges arising out of Your use of the Equipment; (h) any applicable charges for credit payments (We will be entitled to apply a surcharge if You elect to pay by credit card);

(i) an environmental charge in relation to the Equipment;

(j) if You request operational guidance or training on the use of the Equipment and Our staff are available to provide this, the cost for the provision of these services at rates agreed with Us;

(k) charges in connection with the administration of Your Credit Account, which may include printing and postage costs;

(l) increased Hire Charges, if You request that we hire Equipment from a third party or require enhancements to the Equipment specification;

(m) any reasonable charges incurred by Us if we are unable to inspect or carry out maintenance on the Equipment during normal working hours; and

(n) if applicable, the LTD Waiver Fee.

5.2 If We have agreed to collect the Equipment, it must be available for collection no later than the time at which Your hire commenced. For example, if Your hire commenced at 10am, the Equipment must be ready for collection no later than 10am on the day it is due for collection. If the Equipment is not ready for collection as required, We reserve the right to charge additional Hire Charges.

6. PAYMENT

6.1 You must pay all Hire Charges and other fees, charges and costs that become due and payable under this Hire Agreement on collection or delivery.

7. YOUR OBLIGATIONS TO US

7.1 This Hire Agreement is personal to You and You must not allow or authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.

7.2 You agree that before taking delivery of the Equipment, You are satisfied as to the suitability and condition of the Equipment. We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.

7.3 You must:

(a) ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer and in accordance with the manufacturer's instructions;

(b) operate the Equipment safely and strictly in accordance with all applicable laws and ensure the Equipment is stored safely and securely at all times. (ii) are appropriately qualified and where necessary, hold a current licence and/or Licence to Perform High Risk Work (as required by law) to operate the Equipment; (iii) wear suitable clothing and protective equipment when operating the Equipment as reasonably required or otherwise specifically recommended by Us or the manufacturer; (iv) are not under the influence of drugs or alcohol and do not carry illegal, prohibited or dangerous substances while in, on or around the Equipment;

(d) to the extent required or recommended by Us, the manufacturer or applicable workplace, health and safety laws, conduct a job safety analysis prior to using the Equipment;

(e) display all safety signs and instructions (as required by law) and ensure that all instructions and signs are observed by operators of the Equipment;

(f) clean, fuel, lubricate and keep the Equipment in good condition and in accordance with the manufacturer's and Our instructions at Your own cost;

(g) arrange for the emptying of any waste tanks and water carts as required in accordance with the manufacturer’s instructions and prior to returning the Equipment to Us; and

(h) ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. 8.4 You must not: (a) in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent; (b) deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment; (c) remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment; (d) remove the Equipment from the State or Territory in which You hired it without Our prior written consent; (e) use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent;

7.4 You warrant that You will comply with all Environmental Laws and immediately rectify any breach of an Environmental Law caused by Your use of the Equipment.

7.5 You must: (a) ensure the Equipment is not contaminated with any hazardous substances (including asbestos); (b) advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent; and (c) effectively decontaminate the Equipment and provide Us with written details of such decontamination. If, in Our reasonable opinion, the Equipment is not capable of being decontaminated, You must pay the replacement cost of the Equipment.

7.6 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You. If, during the Hire Period, the Equipment requires re-testing and re-tagging, You must do so at Your cost and in accordance with the manufacturers instructions, the applicable Australian standards, and regulatory authority requirements. If You are unable to do so, We may retest and re-tag at Your cost. You are liable for any damage caused to the Equipment resulting from any re-testing or retagging carried out by You.

7.7 If, at Your request, We supply an operator to operate the Equipment (the Operator):

(a) the Operator will be under Your direction and control during the Hire Period and will comply with Your reasonable directions;

(b) We will not, while the Operator is working under Your direction and control, seek to direct or supervise any of the work undertaken by Operator;

(c) We will have no Liability to You for any acts or omissions of the Operator where they are acting under your direction and control during the Hire Period; and

(d) You will not allow any other person to operate the Equipment without Our prior written consent.

8. RETURN OF EQUIPMENT

8.1 You must return the Equipment to Us in the same condition and good working order as when You received it, Fair Wear and Tear excepted.

8.2 If We have agreed to collect the Equipment from You, You must ensure it is kept safe and secure until the time of collection.

9. BREAK DOWN, LOST, STOLEN OR DAMAGED EQUIPMENT

9.1 If the Equipment breaks down, becomes unsafe to use, is lost, stolen or damaged during the Hire Period You must: (a) in the case of damage, unsafe use or breakdown, immediately stop using the Equipment; (b) immediately notify Us and provide all relevant particulars of the incident; (c) for incidents of theft, promptly report the incident to the police and provide Us with a written police report; (d) take all steps necessary to prevent injury occurring to persons or property and to prevent further damage to the Equipment; and (e) not repair or attempt to repair the Equipment without Our written consent.

9.2 If the Equipment breaks down, becomes unsafe to use or is damaged: (a) as a result of Fair Wear and Tear; or (b) in connection with any act or omission of Us, then upon receiving notice from You in accordance with clause 9.1, We will: 3 of 9 (c) take all reasonable steps to repair the Equipment or provide a suitable replacement, at Our cost, as soon as reasonably possible; and (d) not impose a Hire Charge for that portion of the Hire Period during which the Equipment was broken down or unsafe.

9.3 If the Equipment: (a) breaks down, becomes unsafe to use or is damaged: (i) for any reason other than as a result of Fair Wear and Tear or Our act or omission; (ii) in connection with any act or omission of You or any other third party; or (b) is lost or stolen during the Hire Period, then, upon receiving notice from you under clause 9.1, and subject to clause 10, We will take all reasonable steps to repair the Equipment or provide a suitable replacement as soon as reasonably possible, and You are liable for: (c) the costs and expenses suffered or incurred by Us to recover, repair or replace the Equipment; and (d) the Hire Charges for the portion of the Hire Period during which the Equipment was broken down, unsafe, damaged and/or being recovered, repaired or replaced.

10. YOUR LIABILITY TO US

10.1 We agree to limit Your liability to Us for loss, theft or damage to the Equipment in certain circumstances (Loss Theft Damage Waiver – ‘LTD Waiver’). The LTD Waiver is not insurance.

10.2 The LTD Waiver Fee:

(a) will be set out in the Hire Schedule;

(b) will be automatically charged to You in addition to the Hire Charges; and

10.3 If You have paid Us the LTD Waiver Fee, subject to the provisions in this clause 10, We agree to limit Your Liability for loss, theft or damage to the Equipment to an amount as calculated by Us for each item of Equipment, as follows:

(a) (Replacement): where the Equipment is lost, stolen or damaged beyond repair:

(i) if the New Replacement Cost is less than $500, You will be required to pay an amount equal to the New Replacement Cost;

(ii) if the New Replacement Cost is greater than $500, You will be required to pay an amount equal to the greater of: (A) $500; and (B) 15% of the New Replacement Cost. (b) (Repair): where the Equipment is partially damaged and can be repaired:

(i) if the repair cost is less than $500, You will be required to pay the lesser of the repair cost and the New Replacement Cost;

(ii) if the repair cost is greater than $500, You will be required to pay an amount equal to the greater of: (A) $500; and (B) 15% of the repair cost.

10.4 The LTD Waiver will not apply if You do not co-operate with Us and provide Us with full details of the loss, theft or damage incident, including any written or photographic evidence We may require.

10.5 The LTD Waiver will not apply where the loss, theft or damage has arisen as a result of or has been caused by:

(a) Your breach of a clause of this Hire Agreement;

(b) Your negligent act or omission;

(d) Your failure to use the Equipment for its intended purpose or in accordance with Our instructions or the manufacturer’s instructions;

(e) the Equipment being located, used, loaded, unloaded, transported on or over water, wharves, bridges or vessels of any kind;

(f) lack of lubrication or failure to properly service or maintain the Equipment;

(g) collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object due to insufficient clearance;

(h) overloading of the Equipment or any components thereof;

(i) electrical overload, a surge in electrical current or the use of under-rated or excessive lengths of extension leads with the electrical Equipment;

(j) exposure to any Harsh Environments including corrosive or caustic substances, cyanide, salt water or acid;

(k) vandalism;

(l) any reason, in the case of tyres or tubes; or

(m) any reason, in the case of windscreens, mirrors, glass, or perspex.

10.6 Notwithstanding Our agreement to limit Your Liability in accordance with this clause 10: (a) You will remain liable for all Hire Charges during the period the Equipment is not available due to any loss, theft or damage; and (b) the limitation on Your liability in clause 10 is only with respect to loss, theft or damage to the Equipment and does not apply to Your liability with respect to the indemnity in clause 10 You are liable for and indemnify Us and our Related Bodies Corporate against all Liability in respect of: (a) personal injury; (b) damage to property; or (c) a claim by a third party, in respect of Your hire or use of the Equipment and Your breach of the Hire Agreement. Your Liability under this indemnity is reduced to the extent that Our breach of the Hire Agreement or Our negligence causes the Liability.

10.7 We will not be liable to You for any acts or omissions of any person supplied by Us, including where that person is acting under Your direction and control during the Hire Period and you indemnify Us against all Liability arising from or incurred in connection with such acts or omissions.

11. RECOVERY OF EQUIPMENT

11.1 If You are in breach of the Hire Agreement or if the Hire Agreement or a Hire Period has been terminated. We may, at Your cost, take all steps necessary (including legal action) to recover the Equipment, including entering Your premises to do so and You expressly consent to Us entering Your premises for the purposes of recovering Our Equipment.

12. PRIVACY

12.1 We will comply with the Australian Privacy Principles in all dealings with You.

12.2 We may need to collect personal information about You, including Your full name and address, drivers licence details, credit card details, date of birth. You consent to Us using Your personal information in order to: 10;

(a) provide services to You;

(b) prevent theft of Our Equipment;

12.3 You have the right to access the personal information We hold about You.

13. GENERAL

13.1 This Hire Agreement constitutes the entire agreement between the parties and supersedes all previous communications or agreements, whether oral or written, relating to the subject matter of this Hire Agreement. If any provision or part of any provision of the Hire Agreement is invalid, illegal or unenforceable, such provision or part thereof shall be severed from the Hire Agreement and the remainder shall continue in full force and effect.

13.2 Any waiver of rights will not be deemed a waiver unless it is in writing and signed by an authorised officer of the party waiving such rights and any such waiver will only operate to the extent so specified.

13.3 The Hire Agreement shall be governed by the laws of Australia and the parties agree to submit to the jurisdiction of the courts of that State and any courts having appellate jurisdiction from them.

13.4 You acknowledge that neither We nor any person acting on Our behalf have made any representation or other inducement to You to enter into the Hire Agreement and You have not entered into the Hire Agreement in reliance on any representations or inducements (including in relation to the use of the Equipment) except for those expressly contained in this Hire Agreement.

13.5 We may assign this Hire Agreement to any third party without Your consent (including a Related Body Corporate). Where You are an individual acquiring goods or services wholly or predominantly for personal, domestic or household use or consumption, then we may assign this Hire Agreement to a Related Body Corporate provided that Related Body Corporate has the financial and operational resources to comply with the terms of the Hire Agreement.

13.6 To the extent that a variation to this Hire Agreement is not detrimental to You, from time to time, We may vary this Hire Agreement. Any other variation of the Hire Agreement must be agreed in writing by You and Us.

13.7 Clauses 4, 5, 6.2, 7, 8.6, 9, 11.2, 12.3, 15, 17.1, 19, 21, 27, 28 and 29 and any other provisions which expressly or by implication are intended to survive termination or expiry, survives termination or expiry of this Hire Agreement.