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. We bring a hard copy of the agreement and Hire Schedule for the customer to review and sign at handover.

Last updated: 26 August 2026

1. Parties and hire documents

This agreement is between the Owner named in the Hire Schedule, referred to as we, us or our, and the customer named in the Hire Schedule, referred to as you or your.

The Equipment Hire Agreement, Hire Schedule, Handover Report and Return Report 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. You remain responsible for the equipment until it has been returned to us or collected by us and its return condition has been recorded.

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.

Payment is taken at physical handover. The equipment will not be released until the hard-copy agreement has been signed, required identity and handover checks have been completed and 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 from the collection location confirmed for the hire. For customer collection, the driver must hold a current full open driver licence and use a suitable tow vehicle with the required towing capacity and a working electric brake controller. 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.

We do 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 Report. 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. The equipment supplied may differ in appearance from website images. 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. The flashing light, external emergency stop and 1kg fire extinguisher are safety equipment and do 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

You must contact us immediately if the equipment is lost, stolen, damaged, involved in an accident or subject to a safety incident. Contact emergency services or police where appropriate and provide reasonable assistance with reports, photographs and relevant information.

You are responsible for reasonable repair, replacement, cleaning or recovery costs to the extent the loss or cost was caused or contributed to by your breach of this agreement, misuse, negligence, unlawful conduct or an unauthorised operator. You are not responsible for fair wear and tear, a pre-existing condition recorded at handover or a defect for which we are responsible.

12. Insurance and security amounts

Do not assume that our insurance covers your liability or loss. Any bond, security amount, damage waiver or insurance arrangement that applies must be disclosed in the Hire Schedule. You should obtain independent insurance advice if you are unsure about your cover.

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. Any cancellation charge must be disclosed before confirmation and must be reasonable having regard to the notice given and the loss or cost caused by the cancellation. We will refund any amount paid for a hire we cancel unless it is properly applied to another agreed amount.

15. 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 where circumstances allow. You must stop using the equipment and return it or allow lawful recovery. You are responsible for reasonable recovery costs to the extent they were caused by your breach.

16. 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.

17. Personal information

We may collect and use contact details, identity verification information, payment and hire records, 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 handling of personal information, including operational photographs and any separately agreed marketing photography or video, is explained in our Privacy Policy.

18. 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.

19. 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. Queensland law applies and the parties submit to the courts and tribunals with jurisdiction in Queensland.

20. Handover acknowledgement and signature

By signing the hard copy at handover, the customer confirms that they received the agreement and Hire Schedule, had an opportunity to read them and ask questions, checked the recorded equipment and condition and agreed to the hire terms. The customer receives a copy of the signed documents.

Hire Schedule information

The hard-copy Hire Schedule should record:

• Customer name, address, mobile number and email address
• 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
• Daily rate, delivery or collection charge, total price and any agreed security amount
• Fuel, cleaning, cancellation 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 should sign the relevant record and receive a copy.

This website copy is the general agreement. The signed hard copy and Hire Schedule for the particular hire form the operative agreement after legal approval.