Aussie Enviro Excavations Pty Ltd Ground Floor
Unit 7, 41 Paringa Road
Murarrie QLD 4172

  1. 1.     TRAVEL / TRANSPORT

a)     Travel / float transport charges are to be paid by the Hirer.

  1. 2.     LOADING & UNLOADING

a)     The Hirer shall be responsible for unloading and reloading on site, and any Driver, Operator or other person supplied by Contractor shall be deemed to be under the Hirer’s control.

  1. 3.     DRIVER, OPERATOR

a)     Where the Contractor supplied a Driver or Operator they shall be a capable and experienced person and shall be duly licenced to operate the machine or vehicle in accordance with any statue or by-law.

  1. 4.     HANDLING OF PLANT

a)     When the Driver or Operator is supplied by the Contractor to work the plant, they shall be under the control of the Hirer. Such Drivers or Operators shall for all purposes in connection with their employment in working of the plant, be regards as the servants or agents of the Hirer who alone shall be responsible for all claims arising in connection with the operation of the plant by the Drivers or Operators. The Hirers shall not allow any other person to operate such plant without the Contractor’s consent. This needs to be confirmed in writing.

  1. 5.     PERMITS AND LICENCE FEES

a)     The Hirer shall be responsible for obtaining the necessary permits and/or plant and pay such fees as maybe required by the Public Authority for the location and marketing of all services and shall exposed all such services and shall conform with the requirements of all by-laws and regulations. The Hirer shall observe and comply with all statutory obligations and by-laws or regulations imposed by any Public Authority for the safety of persons and/or property and shall indemnify the Contractor for any liability caused by failure to so comply.

  1. 6.     HIRER’S RESPONSIBILITY FOR LOSS, DAMAGE AND FIRE ANTS

a)     The Hirer shall fully and completely indemnify the Contractor in respect of all claims by any person or party whatsoever for injury to any person or persons and/or property caused by or in connection with or arising out of the use of the plant and in respect of all costs and charges in connection therewith whether arising under statue or common law.

b)     Replacement cost of Auger Teeth and Pilots will be the responsibility of the Hirer should the wear be excessive.

c)     Service Locations are the responsibility of the hirer this includes but is not limited to clearly marking the exact location and identifying all services above and below the ground at the site such as electrical cables, drains, pipes, sewers, mains, telephone and data lines.  These plans can be obtained from dial before you dig www.1100.com.au or phone 1100.  Should the hirer fail to provide Aussie Enviro Excavations with the appropriate directions and or plans for the site specified, the hirer shall indemnify Aussie Excavators Pty Ltd from any costs, expenses or losses.

d)     If the Contractor is working in a Fire Ant restricted area, the hirer is responsible for coordinating a Fire Ant Permit from the Department of Primary Industries prior to machine being dispatched. Soil disturbance of more than 1 cubic metre, regardless of whether soil is being taken off site or not, must be inspected and tested prior to Contractor conducting works. Details can be obtained from Department of Primary Industries www.dpi.qld.gov.au or calling 13 25 23.

  1. 7.     DELIVERY IN GOOD ORDER AND MAINTENANCE (INSPECTION REPORTS)

(a)    Where the plant is hired without the Contractor’s Driver or Operator any breakdown or the unsatisfactory working of any part of the plant must be notified immediately to the Contractor in writing. Any claim for breakdown time will only be considered from the time and date shown on such writing

(b)    Full allowance will be made to the Hirer for any stoppage due to the breakdown of plant caused by the development of an inherent fault or for wear and tear and for all stoppages for normal running repairs in accordance with the terms of contract. The Hirer shall be responsible for all expense involved arising from any breakdown and or loss or damage included by the Contractor due to the Hirer’s negligence, misdirection or misuse of the plant, whether by the Hirer or his servants and for the payment of hire at the appropriate idle time rate during the period the plant is necessarily idle due so such breakdown. The Contractor will be responsible for the cost of repairs to the plant involved in the breakdowns from all other causes and will bear the costs of providing spare parts.

The Contractor accepts no liability nor responsibility for any consequential loss or damage due to or arising from the breakdown or stoppage of the plant through any cause whatsoever or through non-arrival arising from accident or breakdown circumstances beyond the control of the Contractor.