HIRE CONTRACT CONDITIONS

DIGMAX HIRE CONTRACT CONDITIONS

WET HIRE & DRY HIRE

Digmax
ABN: 66 679 557 781
Email: [email protected]
Phone: +61 491 373 372
Effective Date: 14 September 2026

These Hire Contract Conditions apply to all equipment hired or supplied by Digmax.

By accepting a quotation, paying a deposit or Hire Charge, signing or accepting a Hire Schedule, taking delivery or possession of Equipment, or allowing work to commence, the Customer agrees to these Hire Contract Conditions.

Each quotation, Hire Schedule and any agreed written variation forms part of the Hire Contract.

If there is any inconsistency between these Hire Contract Conditions and a Hire Schedule, the Hire Schedule will apply to the extent of the inconsistency.

1. DEFINITIONS

Customer means the person, company or other entity hiring the Equipment or engaging Digmax.

Digmax means the equipment hire business supplying the Equipment and/or operator under this Hire Contract.

Equipment means any excavator, plant, machinery, attachment, accessory or other equipment specified in the Hire Schedule or Quote.

Dry Hire means hire of Equipment without a Digmax operator.

Wet Hire means hire of Equipment together with a Digmax operator.

Commencement means:

(a) for Dry Hire, the time the Equipment is delivered to, collected by or otherwise made available to the Customer; and

(b) for Wet Hire, the time the Equipment and operator arrive at the Site ready to perform the agreed work, unless otherwise stated in the Hire Schedule.

Hire Period means the period commencing at Commencement and ending in accordance with the Off-Hire provisions of this Contract.

Hire Charge means the applicable hire rates and charges specified in the Quote or Hire Schedule.

Hire Schedule means any quotation, booking confirmation, hire schedule or other document issued or accepted by Digmax specifying the Equipment, Hire Period, rates, Site and other hire particulars.

Site means the location where the Equipment is delivered or operated.

Fair Wear and Tear means deterioration resulting from normal proper use of the Equipment but does not include damage caused by misuse, impact, neglect, overloading, incorrect operation, contamination, vandalism, theft or failure to properly care for the Equipment.

2. DIGMAX OBLIGATIONS

Digmax will:

  1. provide the Equipment in reasonably clean condition and good working order at Commencement;
  2. use reasonable care to ensure Equipment supplied is suitable for its normal intended use;
  3. for Wet Hire, provide an operator who is appropriately competent and qualified for the Equipment being operated;
  4. comply with applicable workplace health and safety requirements that apply to Digmax and its personnel; and
  5. use reasonable efforts to respond promptly to any reported Equipment breakdown.

Digmax does not warrant that particular replacement Equipment will always be available.

3. GENERAL CUSTOMER OBLIGATIONS

The Customer must:

  1. provide accurate information regarding the intended work, Site conditions and access before the hire commences;
  2. provide safe, adequate and lawful access for the Equipment, operator, float, low-loader and other transport vehicles;
  3. ensure the Site is reasonably safe for the Equipment and personnel;
  4. identify and clearly mark all underground and overhead services, including electricity, gas, water, telecommunications, drainage and sewer infrastructure before excavation begins;
  5. obtain any permits, approvals, traffic management, spotters, exclusion zones or other controls required for the works unless expressly included in the Digmax Quote;
  6. notify Digmax immediately of any accident, incident, Equipment damage, malfunction, theft or unsafe condition;
  7. take reasonable precautions to prevent loss, theft, vandalism or damage to Equipment while the Equipment is under the Customer’s control;
  8. not remove, alter, obscure or interfere with any identification, safety device, GPS, telematics or security device fitted to the Equipment;
  9. comply with all applicable laws and reasonable safety instructions relating to the Equipment; and
  10. pay the Hire Charges and other amounts properly payable under this Contract.

4. DRY HIRE CONDITIONS

For Dry Hire, the Customer must:

  1. ensure every person operating the Equipment is appropriately trained, competent and, where legally required, licensed;
  2. ensure no person under 18 years of age operates the Equipment;
  3. ensure no person affected by alcohol, drugs or any substance that may impair safe operation operates the Equipment;
  4. operate the Equipment only for its intended purpose and within manufacturer and legal capacity limits;
  5. conduct appropriate pre-start inspections and normal daily operator checks;
  6. immediately stop using the Equipment if a warning light, unusual noise, leak, overheating, mechanical fault or unsafe condition occurs;
  7. not repair, modify or alter the Equipment without prior approval from Digmax;
  8. not sub-hire, lend, sell, transfer possession of or otherwise provide the Equipment to another person without prior written approval from Digmax;
  9. keep the Equipment reasonably clean;
  10. ensure the Equipment is stored securely when unattended; and
  11. return the Equipment in substantially the same condition as supplied, subject to Fair Wear and Tear.

The Customer is responsible for the Equipment from Commencement until it is returned or collected in accordance with this Contract.

5. WET HIRE CONDITIONS

For Wet Hire:

  1. the Digmax operator remains responsible for the safe operation of the Equipment;
  2. the Customer may provide reasonable directions regarding the work required but must not direct the operator to operate in an unsafe, unlawful or inappropriate manner;
  3. the Digmax operator may refuse to carry out any activity that the operator reasonably considers unsafe, unlawful, beyond the Equipment’s safe operating limits or inconsistent with appropriate operating practice;
  4. refusal to perform unsafe work will not constitute a breach by Digmax;
  5. the Customer remains responsible for Site-specific hazards and information that are within the Customer’s knowledge or control, including underground services, contaminated ground, unstable ground, restricted access and Site rules;
  6. unless otherwise stated in the Hire Schedule, Wet Hire is subject to a minimum charge of 6 hours per day;
  7. additional hours will be charged at the hourly rate stated in the applicable Quote or Hire Schedule;
  8. any Site waiting time caused by the Customer, Site access restrictions, unavailable work areas, missing permits, unavailable spotters or other Customer-controlled delays may be charged as working time;
  9. verified mechanical breakdown time caused by an Equipment defect and not caused or contributed to by the Customer will not be charged as operating time; and
  10. mobilisation, demobilisation and transport charges are additional unless expressly included in the Quote.

6. SITE CONDITIONS AND ACCESS

The Customer must provide suitable Site access and sufficient space for safe unloading, loading and operation of the Equipment.

If Digmax reasonably determines that the Site is unsafe or inaccessible, Digmax may suspend delivery or work until the issue is rectified.

Where transport or an operator has already been dispatched and delivery or work cannot proceed because of Site access, Site readiness or another matter within the Customer’s control, the Customer may be charged the reasonable transport, waiting and other costs actually incurred.

The Customer is responsible for reasonable recovery costs if Equipment becomes bogged, trapped or immobilised because of Site conditions that were not caused by Digmax’s negligence.

7. FUEL AND CONSUMABLES

Unless the Hire Schedule states otherwise:

  1. Equipment supplied with a full fuel tank must be returned with a full fuel tank;
  2. the Customer is responsible for fuel consumed during Dry Hire;
  3. if Equipment is returned or collected without the fuel tank being refilled to the level at which it was supplied, Digmax may refill the Equipment and charge the Customer:

$2.50 + GST per litre

for the quantity of fuel required to restore the tank to its original level;

  1. the Customer must use only the correct fuel, oils, coolant and consumables specified for the Equipment; and
  2. the Customer is responsible for damage caused by incorrect or contaminated fuel or fluids to the extent that the damage was caused or contributed to by the Customer.

Fuel arrangements for Wet Hire may be varied in the applicable Quote or Hire Schedule.

8. HIRE CHARGES AND PAYMENT

Unless otherwise agreed in writing:

  1. acceptance of the Terms & Conditions and a 10% deposit are required to secure the booking;
  2. Digmax may require the balance of the estimated Hire Charges to be paid before delivery or Commencement;
  3. transport, mobilisation and demobilisation charges will be stated separately or included in the Quote;
  4. additional services requested by the Customer will be charged at the rates agreed or shown in the Hire Schedule;
  5. all prices are exclusive of GST unless expressly stated otherwise;
  6. the Customer must pay properly issued invoices by the due date shown on the invoice;
  7. overdue amounts may accrue interest at 12% per annum, calculated daily from the due date until payment;
  8. the Customer must reimburse Digmax for reasonable external debt recovery or legal costs actually incurred as a result of the Customer’s failure to pay an overdue amount, to the extent permitted by law; and
  9. Digmax may suspend further supply where a material amount remains overdue after reasonable notice to the Customer.

9. CANCELLATION

The Customer must notify Digmax as soon as reasonably possible if a booking is to be cancelled.

Unless otherwise stated in the Hire Schedule:

Cancellation 48 hours or more before scheduled Commencement:
No cancellation fee will apply. Any deposit will be refunded, less any reasonable third-party cost already incurred specifically for the booking and which cannot reasonably be recovered.

Cancellation between 24 and 48 hours before scheduled Commencement:
Digmax may charge a cancellation fee of up to 10% of the booked Hire Charges, together with any reasonable non-refundable third-party transport or booking costs already incurred.

Cancellation less than 24 hours before scheduled Commencement:
Digmax may charge up to 50% of the first day’s minimum Hire Charge together with reasonable transport or third-party costs already incurred.

Cancellation after Equipment or transport has been dispatched, or where Equipment/operator arrives but the Site is unavailable or inaccessible:
Digmax may charge the applicable first-day minimum Hire Charge plus reasonable transport and waiting costs actually incurred.

Any cancellation charge will be limited to an amount reasonably reflecting the loss and costs incurred by Digmax as a result of the cancellation.

If Digmax cancels a booking for reasons within Digmax’s control before Commencement, amounts paid for services not supplied will be refunded.

10. OFF-HIRE AND RETURN OF EQUIPMENT

For Dry Hire, the Customer must notify Digmax when the Equipment is ready to be taken Off-Hire.

To constitute valid Off-Hire:

  1. the Equipment must no longer be in use;
  2. it must be available for immediate collection at the agreed location;
  3. safe access for collection must be available;
  4. all attachments and accessories supplied with the Equipment must be available; and
  5. the Equipment must be in a condition suitable for collection, subject to any separately identified damage.

Subject to any applicable minimum Hire Period, Hire Charges will cease at the agreed Off-Hire time once valid Off-Hire notice has been received.

If Digmax cannot collect Equipment immediately after valid Off-Hire notice for reasons within Digmax’s control, additional Hire Charges will not continue merely because collection is delayed.

The Customer remains responsible for reasonable safekeeping of the Equipment until it is physically collected.

For Wet Hire, the Hire Period normally ends when the agreed work or booked shift ends and the Digmax operator is released from the Site.

11. BREAKDOWN AND MECHANICAL FAILURE

If Equipment breaks down or develops a fault, the Customer must:

  1. immediately stop operating the Equipment if continued operation may cause damage or create a safety risk;
  2. notify Digmax as soon as reasonably practicable;
  3. provide reasonable information regarding the fault; and
  4. not attempt repairs without Digmax’s approval.

Where the failure is not caused or contributed to by the Customer, Digmax will use reasonable efforts to repair the Equipment or, where reasonably available, provide suitable replacement Equipment.

Verified downtime resulting from a mechanical defect that was not caused or contributed to by the Customer will not be charged as usable hire time.

Where breakdown or damage is caused or contributed to by misuse, negligence, incorrect fuel, overloading, unauthorised repair or another act or omission of the Customer, the Customer may be responsible for reasonable repair, recovery and associated loss directly resulting from that conduct.

Nothing in this clause limits rights that cannot legally be excluded under the Australian Consumer Law.

12. CLEANING

The Equipment must be returned reasonably clean.

Where excessive mud, concrete, asphalt, paint, hazardous material, waste, adhesive, contamination or other material requires additional cleaning beyond normal post-hire cleaning, Digmax may charge the Customer the reasonable cost of that additional cleaning.

Digmax may provide evidence of material cleaning charges upon reasonable request.

13. LOSS AND DAMAGE

The Customer is responsible for loss of or damage to Equipment to the extent that the loss or damage is caused or contributed to by:

  1. misuse or negligent operation;
  2. collision or impact;
  3. overloading;
  4. unauthorised repair or modification;
  5. failure to reasonably secure the Equipment;
  6. theft where reasonable security measures were not taken;
  7. vandalism while the Equipment is under the Customer’s control;
  8. contaminated or incorrect fuel or fluids;
  9. use outside the Equipment’s intended purpose; or
  10. breach of the Customer’s obligations under this Contract.

The Customer is not responsible for Fair Wear and Tear or damage to the extent caused by Digmax’s negligence, breach of contract or defective Equipment.

The Customer must report accidents, theft or significant damage to Digmax as soon as reasonably practicable.

14. DAMAGE WAIVER

Where expressly selected and shown on the Hire Schedule, a Damage Waiver may be provided for a fee equal to:

12.5% of the applicable Hire Charge.

Damage Waiver is not insurance.

Subject to this clause, Damage Waiver limits the Customer’s liability for covered accidental damage to the applicable Damage Waiver Excess.

Unless the Hire Schedule specifies another Excess, the Damage Waiver Excess will be the lesser of:

  1. the actual reasonable recovery and repair cost; or
  2. 20% of the current replacement cost of the Equipment.

Damage Waiver does not apply where damage or loss results from:

  1. theft or disappearance, unless a separate Theft Waiver is expressly shown on the Hire Schedule;
  2. operation by a person who is not suitably competent or legally permitted to operate the Equipment;
  3. operation while affected by alcohol or drugs;
  4. deliberate or wilful damage;
  5. unauthorised use;
  6. overloading;
  7. use outside the manufacturer’s operating limitations;
  8. incorrect or contaminated fuel;
  9. unauthorised modification or repair;
  10. failure to take reasonable steps to protect the Equipment after an accident or breakdown; or
  11. conduct involving fraud, recklessness or intentional misuse.

Damage Waiver does not limit liability for damage to third-party property or personal injury.

15. THEFT WAIVER

A Theft Waiver applies only where:

  1. it is expressly stated on the Hire Schedule;
  2. the applicable Theft Waiver fee has been paid; and
  3. the Hire Schedule states the applicable Theft Waiver Excess.

Any Theft Waiver will not apply if the Customer:

  1. fails to take reasonable steps to secure the Equipment;
  2. leaves keys unsecured in or near unattended Equipment;
  3. provides possession to an unauthorised person;
  4. fails to notify Digmax promptly of the theft; or
  5. fails to make and provide details of a Police Report within 7 days of becoming aware of the theft.

Where no Theft Waiver is stated on the Hire Schedule, theft is not covered by the Damage Waiver.

16. INSURANCE

The Customer must maintain insurance that is reasonably appropriate to its activities and obligations under this Contract.

For Dry Hire, Digmax may reasonably require evidence of public liability, hired-in plant or other relevant insurance before releasing Equipment.

The existence of insurance does not increase or reduce either party’s liability beyond what otherwise applies under this Contract and applicable law.

17. INDEMNITY

To the extent permitted by law, the Customer indemnifies Digmax against reasonable loss, liability, damage and third-party claims to the extent caused or contributed to by:

  1. the Customer’s negligence;
  2. misuse of the Equipment;
  3. breach of this Contract;
  4. an unsafe condition within the Customer’s control; or
  5. the acts or omissions of the Customer’s employees, contractors, agents or authorised operators.

The indemnity does not apply to the extent the loss was caused or contributed to by Digmax’s negligence, breach of contract, unlawful conduct or wilful misconduct.

18. LIMITATION OF LIABILITY AND AUSTRALIAN CONSUMER LAW

Nothing in this Contract excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.

Where permitted by law and where section 64A of the Australian Consumer Law applies, Digmax’s liability for failure to comply with an applicable statutory guarantee may be limited:

for services, to:

  1. supplying the services again; or
  2. paying the cost of having the services supplied again;

and for goods, to one or more of:

  1. replacing the goods or supplying equivalent goods;
  2. repairing the goods;
  3. paying the cost of replacement or equivalent goods; or
  4. paying the cost of repair.

This limitation does not apply where it would be unfair or unreasonable or where the law otherwise prohibits the limitation.

To the extent permitted by law, neither party will be liable to the other for indirect or consequential loss that was not reasonably foreseeable as a result of the relevant breach.

19. SUB-HIRE AND TRANSFER

The Customer must not sell, transfer, sub-hire, lease, bail, lend or otherwise part with possession of Equipment without Digmax’s prior written consent.

Where Digmax consents to a sub-hire, the Customer remains responsible for compliance with this Contract unless Digmax expressly agrees otherwise in writing.

20. PPS LAW

To the extent that this Contract creates or gives rise to a security interest for the purposes of the Personal Property Securities Act 2009 (Cth), the Customer:

  1. acknowledges that Digmax may register that security interest where reasonably necessary;
  2. must provide reasonable information or assistance required to enable a lawful registration; and
  3. must not knowingly do anything that materially prejudices Digmax’s interest in the Equipment.

The Customer may be required to reimburse Digmax for reasonable PPSR registration costs actually incurred in connection with the Customer’s hire where such registration is reasonably required.

Nothing in this clause requires the Customer to grant Digmax a security interest over unrelated assets.

21. MATERIAL BREACH AND TERMINATION

Digmax may suspend or terminate the Hire Contract if the Customer commits a material breach and, where that breach is reasonably capable of remedy, fails to remedy it within a reasonable period after receiving notice.

Digmax may act immediately without providing a remedy period where reasonably necessary because:

  1. continued use of the Equipment creates an immediate safety risk;
  2. Digmax reasonably believes the Equipment is at serious risk of loss, theft or substantial damage;
  3. the Equipment is being used unlawfully;
  4. the Customer has transferred or sub-hired Equipment without approval;
  5. the Customer becomes insolvent, enters external administration or ceases business, subject to applicable law; or
  6. a substantial overdue amount remains unpaid after demand and circumstances reasonably justify suspension or recovery.

Following lawful termination, Digmax may recover its Equipment in accordance with applicable law.

Termination does not affect rights or amounts properly accrued before termination.

22. REPOSSESSION AND RECOVERY

Where Digmax is lawfully entitled to recover Equipment following termination or expiry of the Hire Period, the Customer must provide reasonable access to enable collection.

The Customer must reimburse Digmax for reasonable recovery and transport costs to the extent those costs arise because of the Customer’s material breach or failure to make the Equipment available for agreed collection.

Digmax will exercise any recovery rights reasonably and in accordance with applicable law.

23. CUSTOMER PROPERTY

Digmax is not responsible for tools, materials or personal property left in or on Equipment except to the extent loss or damage is caused by Digmax’s negligence or unlawful conduct.

24. QUOTATIONS AND VARIATIONS

Unless otherwise stated, a quotation is valid for the period stated on the Quote.

Changes requested by the Customer to Equipment, Site, working hours, transport arrangements, scope or Hire Period may result in changes to the applicable charges.

Any material change will be communicated to the Customer before the additional service is supplied where reasonably practicable.

Digmax may update these standard Hire Contract Conditions from time to time.

Any updated conditions will apply to future Hire Schedules and will not retrospectively alter an existing Hire Contract unless both parties agree to the change.

25. DISPUTES

The Customer should review invoices and Hire Charges promptly and notify Digmax in writing of any dispute as soon as reasonably practicable.

Where possible, invoice disputes should be raised within 30 days of the invoice date.

Failure to raise a dispute within 30 days does not remove any statutory right that cannot lawfully be excluded.

Both parties will use reasonable efforts to resolve disputes in good faith before commencing legal proceedings, except where urgent action is reasonably required.

26. PRIVACY

Digmax will handle personal information in accordance with applicable Australian privacy laws.

Customer information may be used for purposes reasonably connected with quotations, bookings, hire administration, credit management, Equipment recovery, safety, legal compliance and customer service.

27. NOTICES

Notices relating to this Contract may be provided personally, by email or using the contact details provided by the parties.

Notices to Digmax may be sent to:

Email: [email protected]
Phone: +61 491 373 372

28. SEVERABILITY

If any provision of this Contract is invalid, unlawful or unenforceable, that provision will be read down to the extent reasonably possible.

If it cannot be read down, it will be severed and the remaining provisions will continue to operate.

29. ENTIRE HIRE CONTRACT

The Hire Contract consists of:

  1. these Hire Contract Conditions;
  2. the applicable Quote or Hire Schedule;
  3. any written variations accepted by both parties; and
  4. any other document expressly incorporated into the Hire Schedule.

The Customer should not rely on representations inconsistent with these documents unless confirmed by Digmax in writing.

30. GOVERNING LAW

This Hire Contract is governed by the laws of Victoria, Australia.

The parties submit to the jurisdiction of the courts and tribunals of Victoria and any courts with jurisdiction to hear appeals from them.

 

DIGMAX

Email: [email protected]
Phone: +61 491 373 372
ABN: 66 679 557 781