Dry hire agreement

Equipment Hire Agreement

These terms apply when we supply equipment for dry hire. The details of each hire are recorded in the Hire Schedule. The agreement and Hire Schedule are reviewed and signed electronically at handover, and the customer is emailed a copy of the signed documents on the spot.

Last updated: 20 September 2026 — aligned with Digital Agreement v6

1. Parties and hire documents

This agreement is between the Owner / Supplier identified in the electronic Hire Schedule for the hire, referred to as we, us or our, and the customer recorded in the electronic Hire Schedule, referred to as you or your. The electronic Equipment Hire Agreement, Hire Schedule, Handover Record and Return Record together form the agreement for the hire. The Hire Schedule records the equipment, attachments, charges, hire period, handover arrangements and any agreed special conditions. If a specific Hire Schedule term conflicts with these general terms, the Hire Schedule applies to that hire to the extent of the conflict.

2. Confirming a hire

You request a hire by calling or sending an SMS to us. We will discuss the job, location, dates, access, attachments, delivery or collection and the total price. A request is not confirmed until we have accepted it and provided the confirmed hire details. We may reasonably decline a request if the equipment is unavailable, the proposed work or access is unsuitable, collection requirements are not met or we reasonably believe the hire cannot proceed safely or lawfully.

3. Hire period and changes

The hire starts and ends at the times recorded in the Hire Schedule. Delivery, collection and return windows are agreed when the booking is confirmed and may be adjusted by agreement within reason. You must contact us before keeping the equipment beyond the agreed end time. An extension is not approved until we confirm it. We inspect and record the return condition with you and obtain the return signature before collecting the equipment. Your responsibility for keeping the equipment ends when it is returned to or collected by us; liability for loss or damage arising during the hire survives that return or collection.

Early return: If you return the Equipment before the agreed end of the Hire Period, the agreed Hire Fee is not automatically reduced or refunded. The Equipment was reserved for the confirmed Hire Period and may have been unavailable to other customers. Digger2Hire may agree to a credit or refund where appropriate. Nothing in this paragraph limits any right or remedy that cannot lawfully be excluded.

Longer hires: Before we agree to a hire or extension that could constitute a PPS lease under the Personal Property Securities Act 2009 (Cth), we will review the arrangement and any registration required to protect our interest. Extensions must be for a definite period confirmed by us in writing. A new Hire Schedule or extension does not reset the period of continuous possession for PPSA purposes. You must cooperate with reasonable requests under clause 15A before the longer hire or extension is confirmed.

4. Charges and payment

The hire rate, delivery and collection charge and any other agreed charge are recorded in the Hire Schedule. Advertised rates are subject to the machine, hire location, hire period, availability and the arrangements confirmed for the particular hire. Delivery outside the standard local delivery area may be quoted individually. The initial hire payment is due at handover. We do not provide credit accounts. Approved hire extensions and other charges that can be determined at return are payable at return. Damage costs that cannot then be determined are payable under clause 11. The equipment will not be released until the electronic agreement has been signed, required identity and handover checks have been completed and required payment has been received. Any additional amount must be authorised by this agreement or the Hire Schedule and must reflect an agreed charge or a reasonable cost actually incurred. We will explain the amount and provide supporting information on request.

5. Delivery, customer collection and the trailer

Delivery is the usual arrangement where practical and is subject to safe access, scheduling and the confirmed service area. For delivered hires, we retain the plant trailer unless otherwise agreed beforehand. The delivery and collection location and applicable charge are recorded in the Hire Schedule. Approved customer collection may be available by appointment only for an eligible machine and only after Digger2Hire approves the exact tow vehicle and collection arrangement. For customer collection, the driver must hold a current full open driver licence, use a comprehensively insured tow vehicle, use a compatible functioning electric brake controller, and meet the towing-capacity requirement recorded for the confirmed machine. The minimum braked towing capacity is 2,500 kg for the Kubota K008-3 and Kubota U17-3, and 3,500 kg for the Kubota U25-3. The Yanmar ViO55-6B is delivery only and cannot be customer collected. The customer must confirm that they have checked their insurance remains valid for the proposed towing arrangement and that they have appropriate cover for their potential liability relating to the hired trailer, excavator and attachments. Digger2Hire does not interpret the customer’s insurance policy or confirm that the customer’s insurance is adequate. Any trailer supplied for an approved customer collection will be recorded in the Hire Schedule.

6. Identity and authorised operators

The customer must show a physical driver licence at handover so we can complete the identity check. Only the customer and any other operator named in the Hire Schedule may operate the equipment. Digger2Hire does not require a separate machine operator licence for this hire. You remain responsible for ensuring every operator is competent, fit to operate, properly supervised where required and compliant with all laws and site requirements. No person affected by alcohol, drugs, fatigue or another condition that makes operation unsafe may use the equipment.

7. Equipment, inclusions and condition

The equipment, attachments, trailer, safety equipment and other items supplied are those recorded in the Hire Schedule and Handover Record. Machine models, attachments and inclusions vary by hire location and machine. Only the equipment and inclusions recorded for the particular hire form part of that hire. Images are for illustrative purposes only. We record the condition, operating hours, fuel level and supplied items at handover. You must point out any concern before accepting the equipment.

8. Safe and permitted use

This is dry hire. You control and operate the equipment. You must use it safely, lawfully and only for work suitable for the equipment and selected attachments. Follow the operator manual, safety labels and handover instructions. Inspect the work area and arrange for underground and overhead services to be identified before digging. Obtain required permissions and comply with site, environmental and workplace safety requirements. Keep people clear of the operating area and secure the equipment when unattended. Do not overload, misuse, race, subhire, lend, modify or tamper with the equipment. Do not move the equipment away from the job location recorded in the Hire Schedule without our approval. Do not use the equipment for illegal work or in a way that is unsafe or outside the manufacturer’s limits.

9. Care, checks and faults

You must carry out the basic pre-start and operating checks explained at handover, use the correct fuel and take reasonable care of the equipment. Safety equipment does not replace competent operation or safe work practices. If a warning light appears, a fault occurs or the equipment does not seem safe, stop using it and contact Digger2Hire immediately. Do not carry out repairs or allow another person to repair the equipment unless we approve the work.

10. Breakdown and equipment problems

Tell us promptly about a breakdown or equipment problem and take reasonable steps to prevent further damage. We will assess the issue and provide a reasonable remedy where required. We are not responsible for downtime caused by misuse, an unauthorised repair, unsuitable site conditions or another cause for which you are responsible.

11. Loss, theft, damage and incidents

From handover until the Equipment has been returned to Digger2Hire or collected by Digger2Hire, you are responsible for the Equipment while it is in your possession, custody or control.

You are responsible for loss of or physical damage to the Equipment during that period, including accidental damage, and for the reasonable direct cost of repair or replacement where repair is not reasonably practicable.

You are not responsible to the extent the loss or damage results from fair wear and tear, a pre-existing condition recorded at handover, an inherent or mechanical defect not caused or contributed to by you, or an act or omission of Digger2Hire.

You must contact Digger2Hire immediately if the Equipment is lost, stolen, damaged, involved in an accident or subject to a safety incident. Contact emergency services where appropriate. If any Equipment is stolen or suspected stolen, report the matter to Police as soon as reasonably practicable, obtain a Police event or report number, and reasonably cooperate with Digger2Hire and Police in relation to the incident.

While the Equipment is in your possession, custody or control, you must take reasonable steps to protect it from theft, loss and unauthorised use. Whenever the Equipment is unattended, remove all keys and keep them securely away from the Equipment, take reasonable precautions appropriate to the location and circumstances to secure the Equipment against theft or unauthorised use, and do not leave the Equipment in a location or circumstances where it is unreasonably exposed to theft.

You are also responsible for reasonable cleaning, recovery and other direct costs to the extent those costs arise from the loss or damage or are caused or contributed to by your breach of this agreement, misuse, negligence, unlawful conduct, failure to take reasonable security precautions or use by an unauthorised operator.

Where damage is recorded at return but its reasonable repair or replacement cost cannot then be determined, Digger2Hire may assess that cost after collection. Collection of the equipment, signing the return record and payment of other charges do not release the customer from liability for that damage under this agreement. Digger2Hire will promptly obtain an assessment and provide an itemised written payment demand with supporting photographs, quotations or invoices as reasonably applicable. Amounts properly payable under this agreement are due on receipt of that demand. Any estimate will be identified as an estimate and amounts collected on that basis will be reconciled against the final assessed cost, with any overpayment refunded promptly. The customer retains their rights to dispute liability or the amount claimed.

12. Insurance and security amounts

Digger2Hire’s insurance does not provide you with accidental-damage cover for the Equipment while it is on hire. You remain responsible for accidental physical damage in accordance with clause 11.

You are responsible for arranging and maintaining any insurance appropriate to your responsibilities for the Hire Period, including your responsibility for the Equipment while it is in your possession, custody or control, and for property damage or liability to other people arising from the transport, possession or use of the Equipment.

For this clause, Equipment includes the excavator, trailer where supplied, attachments, keys and any other items supplied as part of the hire.

You must not assume that any insurance held by Digger2Hire provides insurance cover to you or otherwise limits your responsibilities under this agreement. If customer collection is approved, you must also satisfy the customer-collection insurance declaration recorded at handover. Digger2Hire does not interpret your policy or confirm that your insurance is adequate. You should obtain independent insurance advice if you are unsure whether your existing insurance is appropriate for the hire.

Any bond, security amount, damage waiver or other insurance arrangement that applies to the hire must be disclosed in the Hire Schedule.

13. Return condition

Return the equipment at the agreed time and place, reasonably clean, with the agreed fuel level and with every supplied attachment, pin, key and item. We will record the return condition. Reasonable charges may apply for missing items, excess cleaning, fuel, damage beyond fair wear and tear or an unapproved late return where the cost was caused by you. We will explain the amount and provide supporting information on request.

14. Cancellation

Tell us as soon as possible if you need to cancel or change a confirmed hire. No cancellation charge applies before handover. We will refund any amount paid for a hire we cancel unless it is properly applied to another agreed amount.

15. Ownership of Equipment

Digger2Hire or the Owner identified in the Hire Schedule retains legal and beneficial ownership of the Equipment at all times. You receive only a temporary right to possess and use the Equipment during the confirmed Hire Period in accordance with this agreement.

You must not sell, assign, transfer, subhire, lend, pledge, mortgage, encumber, create a security interest over, dispose of, conceal or otherwise deal with the Equipment, or represent that you own the Equipment.

You must not remove, alter or obscure any ownership marking, serial number, identification plate or registration detail on the Equipment. On expiry or termination of the hire, you must return the Equipment or allow Digger2Hire to recover it in accordance with this agreement.

15A. Personal Property Securities Act (PPSA)

This clause applies only to the extent that this agreement gives rise to a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA), including an interest under a PPS lease. PPSR means the Personal Property Securities Register. This clause does not make every hire a PPS lease or create a general security interest over your other assets.

You acknowledge our security interest in the Equipment and any proceeds to which that interest extends under the PPSA. We may register that interest on the PPSR, including as a purchase money security interest where it qualifies, and amend or renew the registration as reasonably necessary to protect that interest.

You must promptly provide accurate information and reasonable assistance, including signing documents and obtaining consents reasonably required, to identify the correct hiring entity, make our security interest enforceable and perfected, protect its lawful priority and enable us to exercise our rights. Tell us promptly if your legal name, entity details or other information supplied for registration changes. We will only request information reasonably necessary for these purposes and handle it in accordance with clause 18.

Our rights under this clause are additional to our other lawful rights under this agreement. Nothing in this clause authorises a registration without a valid legal basis, excludes a right that cannot lawfully be excluded, or permits recovery contrary to insolvency law or a court order. We will amend or discharge a registration when required by law.

16. Ending the hire and recovering equipment

We may end the hire if there is a serious breach, non-payment, unsafe or unlawful use or a material risk to people or equipment. We will give reasonable notice and a reasonable opportunity to remedy a breach where circumstances allow. Subject to applicable law, we may also end the hire if you become insolvent or bankrupt, enter liquidation, have an administrator, restructuring practitioner, receiver or similar external controller appointed, or cease business in circumstances that materially put payment or return of the Equipment at risk.

You must notify us as soon as reasonably practicable after becoming aware of an insolvency event described above, and provide the appointed person’s contact details, if known, and the Equipment’s current location. You must promptly tell the appointed person that the Equipment is hired from us and provide them with our contact details.

When the hire expires or is lawfully terminated, you must stop using the Equipment and return it or cooperate with lawful collection. To the extent you are entitled to do so, you authorise us and our collection agents to enter the premises where the Equipment is located at a reasonable time, on reasonable notice where practicable, solely to inspect or recover it. You must reasonably assist with obtaining any necessary permission from the landowner, occupier or site controller and with arranging safe access.

We must comply with applicable law, reasonable site safety requirements and any court order. This agreement does not authorise forced entry or override another person’s property rights. Where insolvency law restricts termination, enforcement or recovery, we will exercise those rights only when permitted, including obtaining the external administrator’s consent or court permission where required.

You are responsible for reasonable recovery and enforcement costs actually incurred to the extent caused by your breach of this agreement. We will explain those costs and provide supporting information on request. We will not recover the same cost twice or charge you for costs caused by our unlawful or negligent conduct.

17. Australian Consumer Law and liability

Nothing in this agreement excludes, restricts or modifies a right, guarantee, remedy or liability that cannot lawfully be excluded, including rights under the Australian Consumer Law. To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable. This does not limit liability for personal injury, fraud, wilful misconduct or a liability that cannot lawfully be limited. You indemnify us against a third-party claim only to the extent the claim was caused or contributed to by your breach, negligence, unlawful conduct or misuse of the equipment.

18. Personal information

We may collect and use contact details, identity verification information, payment and hire records, electronic signatures, condition photographs and other information reasonably required to administer the hire, meet legal obligations, protect our legitimate interests and manage a claim or dispute. Our Privacy Policy also applies.

19. Notices and communication

We may contact you using the phone number, SMS address or email address supplied for the hire. You must tell us promptly if those details change. Approval of an extension or change must be confirmed by us in advance.

20. General

A failure to enforce a term immediately is not a waiver. If a term is invalid or unenforceable, it is read down or severed to the minimum extent required and the remaining terms continue. Changes to a confirmed hire must be agreed by both parties. For a Brisbane hire, Queensland law applies and the parties submit to the courts and tribunals having jurisdiction in Queensland. For a Northern Rivers / Tweed hire, New South Wales law applies and the parties submit to the courts and tribunals having jurisdiction in New South Wales.

21. Electronic handover acknowledgement and signature

By signing electronically at handover, the customer confirms that the Equipment Hire Agreement and Hire Schedule were available to read, they had an opportunity to ask questions, they checked the recorded equipment and condition and they agreed to the hire terms. A person signing for an entity confirms they are authorised to sign for that entity. Digger2Hire records the exact agreement version, Hire Schedule values, signing time, signatures and associated evidence for that hire and provides the customer electronic access to the record.

Hire Schedule information

The Hire Schedule should record:

• Customer legal name, address, mobile number and email address; for an entity, its registered name, applicable ABN/ACN and the authorised signatory; any additional identification reasonably required for a valid PPSR registration
• Driver licence sighted and authorised operators
• Job address and intended work
• Hire start, handover, return and collection times
• Machine, attachments, trailer and safety equipment supplied, including available serial numbers or VINs
• Daily rate, delivery or collection charge, total price and any agreed security amount
• Fuel, cleaning and other disclosed charges
• Special conditions agreed for the hire

Handover and return records

The handover and return records should identify the operating hours, fuel level, visible condition, photographs, supplied attachments, keys, pins, trailer and safety equipment. Both parties sign the relevant record. The emailed agreement includes the handover photos, and the emailed return record includes the return photos. Full-resolution originals remain available through the secure customer record.

This website copy is the general agreement. The electronically signed Equipment Hire Agreement and Hire Schedule for the particular hire form the operative agreement for that hire.