1. Definitions

In these conditions, Lessor refers to Anesti Excavation and Demolition Hire. Lessee refers to the person or company named as the customer on the face side of this document.

2. Receipt of Materials

The Lessee acknowledges receiving the leased equipment in good condition.

3. Rental Period

The rental period starts immediately upon the date of receipt or installation of the leased equipment and terminates upon its return to the Lessor’s premises.

4. Period of Hire – Minimum Rental

Hire commences when equipment leaves the Lessor’s premises and ends upon return or notification that it has ceased working. Rates are based on a minimum 8-hour day.

• 4.1 Cartage is chargeable for all deliveries. Collection charges apply if collection is required. Equipment returned unclean will incur a cleaning fee.

• 4.2 Rates may change at any time without notice, but not for equipment currently on hire without prior notification.

5. Improper Usage and Permits

The Lessee is responsible for all relevant permits. The Lessor accepts no claims for fines or infringements due to the Lessee’s failure to obtain permits.

6. Return of Materials

Upon expiration or earlier termination of this agreement, the Lessee must return all equipment during business hours within a reasonable timeframe.

• 6.1 Failure to return equipment in a satisfactory condition may result in charges. The Lessee is liable for all losses, including consequential loss.

7. Delivery, Pick Up, Installation and/or Removal

When the Lessor provides delivery or installation services, it does so as the Lessee’s agent. The Lessee accepts liability for all related loss or damages, including to property or landscaping.

8. Damage and Lost Materials

If equipment is damaged, lost, or stolen, the Lessee is liable for repair or full replacement at cost. Failure to pay may result in recovery action.

9. Damaged Materials

If equipment is returned damaged, the Lessor may repair it at their discretion, and the Lessee must reimburse repair costs.

10. Damage Waiver (Gold Equipment Protection)

Available only for Steel Plate Hire and where transport/setup is done by Anesti Excavation and Demolition.

Exclusions include:

• Misuse, abuse, or overloading

• Contravention of this agreement

• Breaches of statutory laws

• Unsecured theft

• Transport damage (unless by Lessor)

• Negligence by the Lessee

10.1 If exclusions apply, Damage Waiver does not apply unless proven otherwise by the customer.

11. Disclaimer of Warranties

No warranties are given regarding merchantability or fitness for purpose. The Lessor is not liable for any losses or defects in the equipment.

12. Liability

The Lessee is liable for all damages or losses (including third-party and consequential losses). The Lessor is held harmless from any claims related to equipment use or transport.

13. Indemnity

The Lessee indemnifies the Lessor and its agents from all claims, suits, or demands arising from use or handling of the leased equipment.

14. Title

• (a) Title remains with the Lessor.

• (b) The Lessee authorises the Lessor to enter premises to inspect, test, repair, or repossess equipment as required.

15. Subletting and Location

The Lessee must not move or part with equipment without prior written consent and must store it securely.

16. Notice of Non-Waiver

The Lessor’s failure to enforce any term is not a waiver of rights.

17. Retaking of Materials

The Lessor may enter any premises to retrieve equipment without notice or legal process. All recovery costs are payable by the Lessee.

18. Sub-Hire

If sub-hired, both the hiring company’s and the owner’s terms apply.

19. Default

On default, the Lessor may:

• Terminate the agreement

• Demand full payment

• Repossess the equipment

• Pursue other legal remedies

20. Payment Schedules

Payment is due upon installation or receipt. Invoices not received do not relieve payment responsibility. Late payments (over 7 days) attract a 2% monthly interest and possible legal action including court costs.

21. Compliance with Installation Procedure

The Lessee acknowledges receipt of the Installation Procedure Manual and agrees to follow it for any self-installation or transportation.