CUSTOMER AGREEMENT – TERMS AND CONDITIONS

The terms and conditions set out in this agreement (Agreement) bind the parties, being
Bundalong Equipment Hire (ABN 97 440 896 361) and the Customer (together, the Parties).

1. HIRE
1.1. BHE, in consideration of the Hire Fee, grants to the Customer a licence to use the
Hire Equipment.
1.2. The Hire Equipment is hired to the Customer for the Customer’s use.
1.3. The Customer has the right to use the Hire Equipment as bailee only and is not
entitled to offer, sell, assign, sublet, charge, mortgage or create any form of security
interest over or otherwise deal with the Hire Equipment in any way.
1.4. BHE owns the Hire Equipment and in all circumstances retains title to the Hire
Equipment.

2. DELIVERY AND COLLECTION
2.1. The fee for delivery and collection of the Hire Equipment is the Delivery Fee on page
1 of this Agreement.
2.2. If the Customer has requested BHE to deliver the Hire Equipment, the Hire
Equipment shall be delivered on the first day of the Hire Period.
2.3. If BHE is delivering/collecting the Hire Equipment, the Customer agrees to allow BHE
proper access to the site for delivery/collection.
2.4. If the Hire Equipment has been collected and if found to be defective, the Customer
must notify BHE within 24 hours. Failure to notify BHE during this time, it is deemed
that the Customer has received the Hire Equipment in good condition and working
order without defects.
2.5. BHE reserves the right to invoice additional charges for delivery if circumstances
arise where the delivery is held up on the Customer’s behalf and exceeds the
budgeted timeframe.

3. RETURN OF HIRE EQUIPMENT
3.1. The Customer shall return the Hire Equipment to BHE in the same clean condition
and good working order as the Hire Equipment was when collected from BHE (or
delivered by BHE) to the Customer, ordinary fair wear and tear excluded.
3.2. It is the Customer’s responsibility to have the Hire Equipment ready to for BHE to
collect from the Delivery address during normal business hours.
3.3. BHE may, at the Customer’s cost, take all necessary steps to recover the Hire
Equipment, including entering the Customer’s premises to do so and the Customer
expressly consents to BHE entering the Customer’s premises for the purposes of
recovering the Hire Equipment if the Customer breaches this Agreement, the Hire
Period has ended or the Agreement is terminated by either party.
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4. BREAKDOWNS
4.1. If the Hire Equipment breaks down or becomes unsafe during the Hire Period, the
Customer must:
4.1.1. stop using the Hire Equipment immediately;
4.1.2. take all necessary steps to prevent injury;
4.1.3. take all necessary steps to prevent further damage to the Hire Equipment;
4.1.4. not repair the Hire Equipment without the written consent of BHE; and
4.1.5. notify BHE of the breakdown/unsafe circumstances.
4.2. If BHE receives a notification pursuant to clause 4.1.5, BHE will take all reasonable
steps to repair the Hire Equipment as soon as reasonably practicable, or if BHE are
unable to repair the Hire Equipment within a reasonable time, then BHE will provide a
full refund of the Hire Fee and Delivery Fee.

5. HIRE FEE
5.1. The Customer shall pay BHE the Hire Fee for the Hire Period, stipulated on page 1 pf
this Agreement, prior to collecting/receiving delivery of the Hire Equipment
5.2. If the Hire Equipment is delivered to BHE after 5pm on the last day of the Hire
Period, or the following day after the end of the Hire Period, an additional day of the
Hire Fee will be charged and invoiced to the Customer.

6. DELIVERY FEE
6.1. The Customer shall pay BHE the total Delivery Fee, stipulated on page 1 of this
Agreement, prior to receiving the Hire Equipment.

7. PAYMENT
7.1. The Customer must pay the Hire Fee, Delivery Fee and Bond prior to delivery of the
Hire Equipment.
7.2. Any charges additional to those paid by the Customer pursuant to clause 7.1 must be
paid to BHE within 14 days after receipt of invoice issued by BHE.
7.3. Should the Customer failed to pay BHE’s invoice or any part thereof, BHE is entitled
to charge the Customer interest at a rate of 10% per annum on any amount that is
outstanding.

8. BOND
8.1. The Customer shall pay the Bond, stipulated on page 1 of this Agreement, prior to
obtaining possession of the Hire Equipment.
8.2. The Bond paid by the Customer pursuant to clause 8.1 will be returned to the
Customer on the next Wednesday business day after BHE has collected the Hire
Equipment if BHE is satisfied that that Hire Equipment has been returned in good
working order and is free from damage but for fair wear and tear.
8.3. If BHE is not satisfied that the Hire Equipment has been returned in good working
order and is free from damage then BHE may at its absolute discretion retain the
Bond, or part thereof, to cover the loss and damage it has suffered.
8.4. In the event that BHE has invoiced the Customer pursuant to clause 7.2 above,
BHEmay at its absolute discretion apply the Bond to pay any invoice or amount
owed by the Customer to BHE.
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8.5. In the event that BHE applies the Bond to an invoice pursuant to clause 8.5 BHE will
notify the Customer in writing of their decision to do so and will provide the Customer
with a written receipt of such.

9. CUSTOMER OBLIGATIONS
9.1. The Customer is responsible for the Hire Equipment during the Hire Period
including responsibility for any loss, theft or damage howsoever caused, except
where such loss was caused by BHE.
9.2. This Agreement is personal to the Customer and cannot be assigned. The
Customer must not allow any other person or entity to use or possess the Hire
Equipment unless authorised by BHE in writing.
9.3. The Customer has satisfied themselves of the suitability and condition of the Hire
Equipment.
9.4. The Customer shall only use the Hire Equipment for the purpose for which the Hire
Equipment was designed for by the manufacturer.
9.5. BHE does not make any representations as to the suitability of the Hire Equipment
for the Customer’s intended use/purpose of the Hire Equipment.
9.6. The Customer shall:
9.6.1. operate the Hire Equipment safely and strictly in accordance with all laws and
manufacturer’s instructions;
9.6.2. ensure that persons operating the Hire Equipment are suitably trained,
licensed and qualified to safely use the Hire Equipment;
9.6.3. wear suitable clothing and protective equipment when operating the Hire
Equipment in accordance with the manufacturer’s instructions;
9.6.4. ensure no persons operating the Hire Equipment are under the influence of
drugs or alcohol;
9.6.5. conduct a job safety analysis prior to using the Hire Equipment; and
9.6.6. display all safety signs and instructions required by law and ensure all such
signage is complied with.
9.6.7. fuel with diesel the Hire Equipment in accordance with the manufacturer’s
instructions at your own cost and ensure machine is refueled prior to
returning
9.6.8. Allow BHE on the premises where the Hire Equipment is located for
inspection during normal working hours.
9.7. The Customer shall not:
9.7.1. alter, tamper or repair the Hire Equipment in any way;
9.7.2. remove any part of the Hire Equipment

10. LOST, DAMAGED OR STOLEN
10.1.If the Hire Equipment is lost, stolen or damaged beyond fair wear and tear during
the Hire Period, the Customer is liable for any costs incurred by BHE to recover,
repair or replace the Hire Equipment and Hire Fees for the additional period during
which the Hire Equipment is being recovered, repaired or replaced.
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11. BHE WARRANTIES
11.1.BHE warrants that:
11.1.1. it is the legal and beneficial owner of the Hire Equipment;
11.1.2. the Hire Equipment will be in good working order upon delivery;
11.1.3. the Hire Equipment is fit for the purpose which it is ordinarily used;
11.1.4. the Hire Equipment will be reasonably clean condition upon delivery;
11.1.5. In the event the Customer requires the Hire Equipment to be collected,
BHE will collect the Hire Equipment from the Customer within five days
from the end of the Hire Period.

12. EXCLUSIONS AND INDEMNITIES
12.1.BHE will not be liable to the Customer for consequential loss or damage (including
loss of actual or anticipated profits or revenue, economic loss, of any kind or any
loss suffered as a result of any claim or claims by third parties) in contract, tort
(including negligence) under statute or otherwise from or in relation to the Hire
Equipment.
12.2.The Customer is liable for and indemnifies BHE against any liability, claim, losscost
and expense (including without limitation, legal fees, costs and disbursements on
the higher of a full indemnity basis and a solicitor/client basis, determined without
taxation, assessment or similar process and whether incurred or awarded against
BHE and any environmental loss, cost, damage or expense) arising from or
incurred in connection with the Customer’s hire and use of the Hire Equipment or its
breach of this Agreement.
12.3.Each indemnity in this Agreement is a continuing obligation, separate and
independent from the other obligations of the parties and survives termination,
completion and expiration of this Agreement. It is not necessary for a party to incur
expense or make payment before enforcing a right of indemnity conferred by this
Agreement.

13. PPSR
13.1.This clause applies to the extent that this Contract provides for a ‘security interest’
for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”).
13.2.BHE may register its security interest over the Hire Equipment.
13.3.The Customer must do anything necessary upon request of BHE for purposes of:
13.3.1. ensuring BHE’s security interest is enforceable,
13.3.2. enabling BHE to gain first priority for its security interest; and
13.3.3. enabling BHE to exercise rights in connection with the security
interest.
13.4.The rights of BHE contained in this Agreement are in addition to and in no way limit
or substitute BHE’s rights under other law (including the PPS Law).
13.5.To the extent that Chapter 4 of PPS Law applies to any security interest under this
Agreement, the following provisions of the PPS Law do not apply and are
“contracted out” including s 95, s 96, s121(4), s125, s 130, s129(2) and 129(3),
s132(3)(d), s132(4), s135, s142, s143.
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13.6.The Customer waives its rights to receive a verification statement under section 157
of the PPS Law.
13.7.The Customer must not dispose or purport to dispose of, or create or purport to
create or permit to be created any security interest in the Hire Equipment.

14. TERMINATION
14.1.Either party may terminate this Agreement immediately if the other party breaches
any term of this Agreement, or if the other party becomes bankrupt or insolvent.
14.2.Either party may terminate this Agreement for any reason by giving 24 hours’
notice.
14.3.If the Customer notifies BHE in writing more than twenty-four (24) hours prior to the
day scheduled for delivery of the Hire Equipment BHE will provide the Customer
with a full refund of the Hire Fee, Delivery Fee and Bond paid by the Customer
(Refund).
14.4.The Refund will be made to the Customer on the next Wednesday which is a
business day after receipt of notice of the cancellation.

15. FORCE MAJEURE
15.1.Neither party will be responsible for any delays in delivery or collection of Hire
Equipment due to causes beyond their control including acts of God, war, terrorism,
regulations of governments, fire and flood.

16. SEVERENCE
16.1.In this Agreement:
16.1.1. if a provision is held to be illegal, invalid, void, voidable or unenforceable,
that provision must be read down to the extent necessary to ensure that it is
not illegal, invalid, void, voidable or unenforceable; and
16.1.2. if it is not possible to read down a provision as required in this clause, that
provision is severable without affecting the validity or enforceability of the
remaining part of that provision or the other provisions in the Agreement.

17. GOVERNING LAW
17.1.This Agreement is governed by and is to be construed in accordance with the laws
of the state of Victoria.
17.2.Each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction
of the courts of Victoria and waives any right to object to proceedings being brought
in those courts.

18. INTERPRETATION
18.1. Any invalidity of a provision hereof shall not affect the validity of any other
provision.
18.2. Words used herein regardless of the number and gender specifically used, shall
be deemed and construed to include any other number, singular or plural, and any
other gender, masculine, feminine or neuter, as the context requires.
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18.3. In the interpretation of this Agreement, no rule of construction applies to the
disadvantage of the Party preparing the document on the basis that it prepared or
put forward the Agreement or any part of it.
18.4. This Agreement is the entire agreement and understanding between the Parties
on everything connected with the subject matter of this Agreement, and
supersedes any prior understanding, arrangement, representation or agreement
between the Parties as to the subject matter contained in this Agreement.

19. VARIATION
19.1. This Agreement may only be varied by a document duly executed by the Parties.

20. WAIVER
20.1. The failure of a Party at any time to insist on performance of any provision of this
Agreement is not a waiver of the Party’s right at any later time to insist on
performance of that or any other provision of this Agreement