Plant Hire Agreement (Dry Hire) Template

PLANT HIRE AGREEMENT (DRY HIRE)

This Agreement is made on the [Day] day of [Month], [Year]

BETWEEN:

[Owner Name] ABN: [Owner ABN] of [Owner Address] (The Owner)

AND:

[Hirer Name] ABN: [Hirer ABN] of [Hirer Address] (The Hirer)

1. HIRE OF PLANT

1.1 The Owner agrees to hire to the Hirer and the Hirer agrees to hire from the Owner the plant described in Schedule 1 (The Plant).

1.2 The hire is a dry hire. This means no operator is supplied by the Owner.

2. HIRE PERIOD

2.1 The Hire Period commences at [Start Time] on [Start Date].

2.2 The Hire Period ends at [End Time] on [End Date].

2.3 The Hirer shall return the Plant to the Owner at [Return Location] by the end of the Hire Period.

3. HIRE CHARGES

3.1 The Hire Charge is $[Amount] per [Day/Week/Hour].

3.2 The Minimum Hire Charge is $[Amount].

3.3 The Hirer agrees to pay all charges listed in Schedule 2.

4. PAYMENT TERMS

4.1 The Hirer shall pay the Owner a deposit of $[Amount] before the Hire Period commences.

4.2 The Owner shall issue invoices [Weekly/Monthly/At end of hire].

4.3 Payment is due within [Number] days of the invoice date.

4.4 All prices exclude GST unless stated otherwise.

5. ACCEPTANCE OF PLANT

5.1 The Hirer acknowledges they have inspected the Plant and found it in good working order and condition.

5.2 The Hirer acknowledges that the Condition Report attached to this agreement is accurate.

6. HIRER OBLIGATIONS

6.1 The Hirer shall: (a) Operate the Plant in a proper and workmanlike manner; (b) Use only qualified and licensed operators; (c) Comply with all manufacturer operating instructions; (d) Comply with all relevant Work Health and Safety laws; (e) Not remove or alter any identification marks on the Plant; (f) Keep the Plant clean and secure; (g) Use the Plant only at the Site Address listed in Schedule 1; (h) Not use the Plant for any illegal purpose.

7. MAINTENANCE AND REPAIRS

7.1 The Hirer is responsible for daily routine maintenance including checking oil, water and fuel levels.

7.2 The Hirer must pay the cost of all repairs arising from misuse, negligence, or accident.

7.3 The Hirer must pay the Hire Charges for any time the Plant is unavailable for hire due to repairs required under clause 7.2.

7.4 The Owner is responsible for mechanical breakdown not caused by the Hirer. In this event, the Owner will repair the Plant or provide a replacement. The Hirer will not pay Hire Charges during this downtime.

8. RISK AND INSURANCE

8.1 Risk of loss or damage to the Plant passes to the Hirer from the start of the Hire Period until the Plant is returned.

8.2 The Hirer indemnifies the Owner against all claims for loss, damage, or injury caused by the Plant during the Hire Period.

8.3 The Hirer must maintain Public Liability Insurance for at least $[Amount] Million.

8.4 The Hirer agrees to pay the insurance excess applicable to any claim made during the Hire Period.

9. TITLE

9.1 The Owner retains legal title to the Plant at all times.

9.2 The Hirer has no right to sell, charge, or pledge the Plant.

10. DEFAULT

10.1 If the Hirer fails to pay any amount on the due date or breaches any term of this agreement, the Owner may terminate the agreement.

10.2 Upon termination, the Hirer must return the Plant immediately.

10.3 The Owner may enter the Hirer's premises to recover the Plant if necessary.

11. GOVERNING LAW

11.1 This agreement is governed by the laws of [State, e.g., New South Wales].

11.2 The parties submit to the jurisdiction of the courts of that State.

SIGNED by the Owner:

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Signature

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Name

SIGNED by the Hirer:

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Signature

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Name

SCHEDULE 1 - PLANT DETAILS

Item: [Description] Make: [Make] Model: [Model] Serial Number: [Serial No] Registration Number: [Rego No] Site Address: [Site Address] Accessories: [List Accessories]

SCHEDULE 2 - CHARGES

Hire Rate: $[Amount] Transport Fee: $[Amount] Fuel Charge: [Included/Hirer to supply] Cleaning Fee (if required): $[Amount]