1.1 Customer means the person or entity who requests the Owner to hire Equipment and whose details are set out on this Hire Agreement.
1.2 Equipment means all Equipment including accessories, machinery, tools and associated items, manuals, log books supplied in hire by the Owner to the Customer. The Equipment will be described in the Hire Agreement, tax invoices, quotations or any other work authorisation provided by the Owner.
1.3 Hire Charge Rate is the rate at which the Owner will charge the Customer to hire the Equipment as set out in this Hire Agreement.
1.4 Hire Period means the period commencing on the Hire Start Date and expiring on the Hire End Date.
1.5 Hire Start Date means the date and time specified in this Hire Agreement when the Hire Period commences.
1.6 Hire End Date means the date and time specified in this Hire Agreement when the Hire Period ends.
1.7 Owner means Bay Civil & Hire Pty Ltd ABN (69 671 094 876) and its substitutes, successors and permitted assigns.
1.8 Tax Invoice means a tax invoice issued by the Owner to the Customer.
2.1 The Owner agrees to hire the Equipment to the Customer on the terms and conditions of this Hire Agreement.
2.2 The Customer must complete and sign the Hire Agreement and other such documents required by the Owner.
2.3 The Customer acknowledges that any offer to hire by the Owner, is not an offer to sell, hire purchase or an option to purchase the Equipment and ownership of the Equipment will at all times remain with the Owner.
2.4 The Customer is not entitled to offer, sell, assign, sub-let charge, mortgage or create any form of security interest over, part possession with the Equipment or otherwise deal with the Equipment in any way.
2.5 The Customer acknowledges that all Hire Agreements are made relying solely upon the Customers own skill and judgement.
2.6 The Owner does not warrant the Equipment is suitable for the purpose required by the Customer.
2.7 The Customer and the Owner will inspect the Equipment at collection or delivery and a condition report of the Equipment will be prepared and inserted into this Hire Agreement.
3.1 The Customer will pay the Owner for the hire of the Equipment at the Hire Charge Rate set out on page 1 of this Hire Agreement.
3.2 The Owner reserves the right to require full payment of Hire Charge Rate and other fees, charges and deposits due and payable under this Hire Agreement from the Customer prior to collection or delivery.
3.3 Unless agreed otherwise agreed in writing by the Owner the Customer is required to pay the Hire Charge Rate and other fees, charges and deposits that become due and payable under this agreement in full within 14 days of the date of the relevant Tax Invoice.
3.4 Hire Charges Rate will commence from the time the Equipment leaves the Owner’s premises on the Hire Start Date (if collected by the Customer) or from the time it arrives at the destination specified by the Customer (if delivered by the Owner). Hire Charge Rate will end at the time the Equipment is returned to the Owner’s premises (if returned by the Customer) or from the time it is collected from the destination specified by the Customer (if collected by the Owner).
3.5 The Customer will be charged for the hire of Equipment for the full Hire Period specified in this Hire Agreement.
3.6 Delivery or recovery by the Owner of Equipment to and from the destination specified by the Customer will be charged at an hourly rate commencing from the time the Owner leaves the Owner’s premises and ending when the Owner returns to the Owner’s premises.
3.7 Hire Charge Rate will be based on the minimum hours per day and minimum days per week as specified in this Hire Agreement. If the Equipment is used in excess of the specified hours or days additional Hire Charges will apply at a rate reasonably determined by the Owner.
3.8 Customers required to pay full amount of Hire Charge Rate and other fees, charges and deposits prior to collection or delivery will be required pay a deposit fee which will be forfeited to the Owner if the Customer breaches this agreement and forfeiture will not affect any other rights of the Owner under this agreement.
3.9 The Customer acknowledges that the Hire Charges will accrue if the Customer fails for any reason to collect Equipment from the Owner’s premises or fails to attend the destination at the time specified by the Customer if Equipment being delivered at the agreed time.
4.1 The Customer must maintain at its own expense appropriate insurances policies against damage arising out of the hire of Equipment in an amount no less than the full replacement value of the Equipment, unless the Customer has taken the benefit of the Loss Damage Theft Waiver at Clause 5 of this agreement.
5.1 The Customer can choose to take the benefit of the Loss Damage Theft Waiver.
5.2 The Loss Damage Theft Waiver is an agreement between the Customer and the Owner to limit the Customers liability in certain circumstances of loss, damage or theft for each item of Equipment to an amount equal to $2,500.00 or 15% of the replacement costs of the Equipment whichever is greater.
5.3 A fee of 15% of the replacement value of the Equipment is payable by the Customer in addition to the Hire Charges, is non-refundable and will be set out in this Hire Agreement.
5.4 Loss Damage Theft Waiver does not cover the cost of recovery of the Equipment.
5.5 Loss Damage Theft Waiver will not apply to loss or damage of Equipment in the following circumstances:
5.5.1 loss and damage resulting from overloading, exceeding rated capacity, failure to maintain, misuse, abuse or improper servicing of the Equipment;
5.5.2 theft of Equipment unless reasonably locked and secured;
5.5.3 loss or damage during transport, except where transported by the Owner;
5.5.4 damage or loss cause by contravention of any law, regulation or by-law;
5.5.5 damage to tyres/tracks;
5.5.6 glass breakage; and
5.5.7 damage caused by exposure to corrosive and toxic substances.
6.1 The Customer will immediately cease using the Equipment if the Equipment breaks down or becomes unsafe to use.
6.2 The Customer will notify the Owner immediately if Equipment is lost, breaks down, damaged or stolen.
6.3 The Customer will provide clear access to the Owner and make Equipment available for inspection, repairs, maintenance or recovery.
6.4 If the Equipment is lost or damaged and the loss or damage was caused by any act or negligence of the Customer or breach of this Hire Agreement of failure to use the Equipment in accordance with any operating manual the Customer will be liable for:
6.4.1 any costs incurred by the Owner in repairing or replacing the Equipment;
6.4.2 Hire Charges for the Equipment until the Equipment is repaired or replace; and
6.4.3 any other costs whatsoever incurred by the Owner as a result of the loss or damage to the Equipment.
7.1 The Owner is not liable to the Customer for any loss, cost, or damage or delay through breakdown, mechanical defect or accident to or of the Equipment.
7.2 The Customer shall assume all risks and liabilities for an in respect of the Equipment and for injuries to or death of persons and damage to property howsoever arising from possession, use maintenance, repair or storage of the Equipment.
7.3 The Customer must ensure the person operating the Equipment are suitably trained and experienced on its safe and proper use and in accordance with the manufacturer’s instructions.
7.4 The Customer must not allow any person to use Equipment if the person is affected by drugs and/or alcohol.
7.5 The Customer will protect the Equipment from seizure and will indemnify the Owner against all resultant losses, costs, charges, damages and expenses.
7.6 The Customer will indemnify the Owner in relation to an action for trespass in the course of the Owner reasonably exercising its right to inspect, repair or recovery of the Equipment.
7.7 The Owner shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense, or any third party claims suffered by the Customer in connection with the use of Equipment.
8.1 On termination of the Hire Period the Customer must deliver the Equipment with all parts, accessories and manuals in clean and good working condition as collected or delivered (fair wear and tear accepted).
8.2 If the Customer does not return the Equipment in clean and good working condition the Owner will charge the Customer for cleaning and repairing the Equipment.
8.3 On termination of the Hire Period the Customer must deliver the Equipment with full fuel tanks. The Customer agrees to pay the Owner $2.50 per litre for diesel if the Owner is required to fill fuel tanks on return of Equipment.
9.1 The Owner may cancel any Hire Agreement or Delivery at any time before the On Hire Date by giving written notice to the Customer. The Owner will not be liable for any damage or loss (including without limitation, consequential loss due to delay, lack of performance, loss of contract or deprecation in the value of any undamaged property), whatsoever arising from such cancellation.
10.1 Interest on overdue notices shall accrue daily from the date payment becomes due until date of payment at a rate of two and a half percent (2.5%) per calendar month.
Bay Civil and Hire
Liana Roundhill – Office Manager
Phone: 0414 498 801
Email: admin@baycivilandhire.com
PO Box 68, Vasse WA 6280
ABN 69 671 094 876
Updated on: December 12th 2025
