Terms & Conditions

Terms and Conditions for the Hire of the Excavator between:

(a) Riddex Hire (ABN 77 549 189 518) of 48 Somerville Lane Riddells Creek VIC 3431; and

(b) Customer.

1. Definitions

(a) "Agreement” means these hire terms and conditions.

(b) "Customer" means you or the customer named in the Schedule.

(c) “Charge” means the charges as described in the Schedule or other charges required by Riddex Hire from time to time.

(d) "Fee" means the fee for the hire of the Excavator as described in the Schedule.

(e) "GST" means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).

(f) "Excavator" means the hire equipment described in the Schedule.

(g) "Hire Period" means the period as set out in the Schedule or as extended by agreement.

2. Hire Period

(a) Riddex Hire has agreed to hire the Excavator to the Customer for the Hire Period for the Fee on the terms and conditions of this Agreement.

(b) The parties may extend the Hire Period in writing, subject to the payment of the additional fees as agreed between the parties.

(c) The parties agree that if this Agreement is terminated, the Hire Period immediately terminates and the Customer must immediately return the Excavator.

3. Riddex Hire’s Obligations

(a) Riddex Hire must hire the Excavator to the Customer in good working order with the full fuel tank at the commencement of the Hire Period, subject to the terms and conditions in this Agreement.

4. Fees and Charges

(a) In consideration of hiring the Excavator, the Customer must pay Riddex Hire the Fee for the Hire Period.

(b) The Fee must be paid to Riddex Hire prior to or on the commencement of the Hire Period.

(c) If the Customer fails, for any reason including, but not limited to, loss, theft or damage, to return the Excavator at the end of the Hire Period, then the Customer must pay the late return Charge.

(d) If the Customer fails, for any reason to return the Excavator with a full fuel tank, then the Customer must pay the Charges for Riddex Hire to fill up the fuel tank.

(e) If the Customer does not return the Excavator in a clean and good working condition, the Customer must pay Riddex Hire the Charges for the cleaning and repair of the Excavator.

(f) Riddex may charge the Customer a Charge for accepting payment by credit card.

5. Customer’s Warranties

The Customer warrants that:

(a) the Customer using the Excavator is at least 18 years old;

(b) it understands that the use of the Excavator is at its own risk. The Customer agrees that the Excavator is provided "as is" and "as available" without warranty or condition of any kind;

(c) the Customer has the competency and knowledge to use and operate the Excavator;

(d) the Customer will obey all reasonable directions given by Riddex Hire;

(e) it will satisfy itself that the Excavator is suitable for the purpose for which it is hired;

(f) it will only operate the Excavator for its intended use;

(g) it will comply with all manufacturer's instructions and recommendations relating to the use of the Excavator;

(h) it will ensure that all persons operating the Excavator are properly instructed in its safe and proper use;

(i) it will comply with all laws relating to the use of the Excavator, including, but not limited to, holding at all times any operating licence or permit required by law to operate the Excavator (if necessary);

(j) it will supply, at its own expense, all fuel necessary for the operation of the Excavator and return the Excavator with a full fuel tank;

(k) it will notify Riddex Hire immediately in the event that the Excavator is lost, stolen or involved in an accident;

(l) it will return the Excavator at the agreed place at the end of the Hire Period; and

(m) it will return the Excavator in a clean condition and in good repair and working order.

6. Limitation of Liability

(a) The Customer agrees that it will use and operate the Excavator at the Customer’s risk.

(b) The Customer agrees that Riddex Hire will have no responsibility or liability for any loss or damage to the Customer or to any of their property.

(c) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the agreement are excluded; and

(ii) Riddex Hire will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Agreement (including as a result of not being able to use the Excavator or the late supply of the Excavator), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

7. Indemnity

(a) To the full extent permitted by the law and unless such loss, damage, injury or death arises from the negligent act or omission of Riddex Hire and its employees, agents and contractors (the “indemnified”), the Customer will indemnify and keep indemnified the indemnified against any loss or liability suffered or incurred.

(b) The Customer agrees to indemnify Riddex Hire, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i.) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Excavator;

(ii.) any breach of this Agreement;

(iii.) all claims and demands;

(iv.) any loss or damage whatsoever and whenever caused to the Customer whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial or otherwise, arising directly or indirectly from the use of the goods or incidental to a breakdown of, or defect in, the Excavator or any accident to or involving the Excavator or their use, operation, repair, maintenance or storage or which may otherwise be suffered or sustained in, upon or near the Excavator.

(c) The release in this clause does not extend to that part of any loss or damage caused by the negligent, fraudulent, reckless or misleading acts or omissions on the part of the owner.

(d) The indemnities and assumptions of liability will continue in full force and effect the termination of this Agreement.

8. Disclaimer

(a) The use of an Excavator is an inherently dangerous and hazardous activity that can result in damage to property and or personal injury (including death).

(b) The Customer accepts full responsibility for such inherent dangers and risks.

(c) The Customer will not sue Riddex Hire for a loss including damage and or personal injury.

9. Damage to the Excavator

(a) If the Excavator does not operate or become unsafe to use as a result of the Customer’s acts or omissions, or if the Excavator is lost, stolen or damaged beyond fair wear and tear during the Hire Period, the Customer will be liable for:

(i) any costs incurred by Riddex Hire to recover and repair or replace the Excavator; and

(ii) the Charges for that portion of the Hire Period during which the Equipment is being recovered and repaired or replaced.

10. Title

(a) The Customer must not sell, assign, let, sub-let, lend, pledge, mortgage, hire or otherwise encumber, part with possession of, alter, attempt to repair or deal with the Excavator unless otherwise agreed with Riddex Hire.

(b) The Customer acknowledges that Riddex Hire retains title to the Excavator and that the Customer has rights to use the Excavator.

11. No Waiver

(a) Time is of the essence of this agreement, except that no delay by Riddex Hire in exercising any right or power will operate as a waiver of that right or power. Nor will any single of partial exercise of any right or power preclude any other or further exercise of that right or power.

12. Cancellation Policy

The Hirer acknowledges and agrees to the following cancellation terms:

(a) Notification Requirement: The Hirer must provide a minimum of 24 hours’ notice prior to the scheduled hire start time to cancel the booking.

(b) Cancellation Fee: If the Hirer cancels with less than 24 hours’ notice, a cancellation fee up to 100% of the hire rate and entirety of the bond.

(c) Cancellation Procedure: Cancellations must be communicated in writing to a Riddex Hire team member via text or email within operating hours.

(d) Exceptions: The cancellation fee may be waived or adjusted at the sole discretion of Riddex Hire Pty Ltd in cases of emergency, unforeseen circumstances or by another agreeable measure.

(e) Refund Policy: Any refund resulting from a cancellation will be processed within 30 business days from the cancellation date.

13. Termination of Contract

(a) Riddex Hire may terminate this Agreement and repossess the Excavator if:

(i) The Customer fails to pay the Fee or any additional Charges;

(ii) The Customer breaches this Agreement or intends to breach any provision;

(iii) Riddex Hire is required to do so by law;

(iv) The Customer commits any act of bankruptcy, insolvency, enters into any arrangement with creditors or enters into liquidation or is wound up.

(b) Riddex Hire will have an immediate right to possession of the Excavator and payment of any amounts owed by the Customer including any Fees, Charges, costs or expenses incurred by Riddex Hire in respect of the termination.

14. Governing Law

(a) The agreement is governed by the laws of Victoria, Australia.

(b) Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia.