1. INTERPRETATION “Commencement” means the date and time when the Customer takes possession of the Equipment. “Customer” means the person, corporation or other entity hiring the Equipment from EquipHire Vasse as identified in the Hire Schedule. “EquipHire Vasse” means Pindan Investments (WA) Pty Ltd trading as EquipHire Vasse. “Equipment” means any kind of Equipment, vehicles or tools and includes such accessories, machinery, tools and associated items, manuals, logbooks and keys provided by EquipHire Vasse for any Equipment, vehicles or tools hired by EquipHire Vasse to the Customer. “Hire Charge” means the amounts shown on the Hire Schedule payable by the Customer to hire the Equipment. “Hire Contract” means these terms and conditions and the relevant Hire Schedule(s). “Hire Period” means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if EquipHire Vasse agrees. EquipHire Vasse may issue an amended Hire Schedule for any extension of the Hire Period. “Hire Schedule” means the hire Schedule attached hereto or a document in such form as EquipHire Vasse shall provide, setting out the terms of the hire of Equipment, including the particulars of the Equipment and the Hire Period and such other information as EquipHire Vasse may decide to include. “Remote Area” means any location which is more than 50 kilometres from the EquipHire Vasse Site from where the Equipment is hired. “Site” means the address, location or work area specified in the Hire Schedule.

2. ACCEPTANCE AND AGREEMENT 2.1. Equipment is supplied by EquipHire Vasse only on the terms and conditions herein to the exclusion of anything to the contrary notwithstanding it may purport to override these terms and conditions. 2.2. EquipHire Vasse agrees to hire Equipment to the Customer on the terms set out in this document. 2.3. If the Customer wishes to hire Equipment, EquipHire Vasse may issue to the Customer a Hire Schedule. Each Hire Schedule forms a part of this agreement between EquipHire Vasse and the Customer, together with any credit application, guarantee and indemnity or other contractual documents. 2.4. The Customer must check the Hire Schedule on receipt and unless the Customer notifies EquipHire Vasse before collection of the Equipment that it disagrees with anything in the Hire Schedule, the terms of the Hire Schedule are accepted by the Customer. EquipHire Vasse may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.

3. EQUIPHIRE VASSE OBLIGATIONS EquipHire Vasse will: 3.1. Allow the Customer to take and use the Equipment for the Hire Period; and 3.2. Provide the Equipment to the Customer clean and in good working order. The Customer must return the Equipment at its own expense when due unless otherwise agreed in writing.

4. OBLIGATIONS OF THE CUSTOMER The Customer must: 4.1. Deliver the Equipment to EquipHire Vasse when it is due back; 4.2. Return the Equipment to EquipHire Vasse clean and in good repair; 4.3. Satisfy itself at Commencement that the Equipment is suitable for its purposes; 4.4. Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by EquipHire Vasse or posted on the Equipment; The Customer MUST advise EquipHire Vasse if it requires any further instructions as to the operation and safe use of the Equipment. 4.5. Indemnify EquipHire Vasse for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and warrants it has insurance to cover all liabilities which may be incurred as a result of the use of the Equipment; 4.6. Warrants that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so; 4.7. Ensure that all persons operating or setting up the Equipment are suitably instructed in its safe and proper use and where necessary and are fully licensed; 4.8. Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation; 4.9. Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, and indemnify EquipHire Vasse in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer;4.10. Operate the Equipment with an adequate motor vehicle and/or power source; 4.11. Report and provide full details to EquipHire Vasse of any accident or damage to the Equipment within two business days of the accident or damage occurring; 4.12. Assist and co-operate fully and promptly with EquipHire Vasse and/or its insurer in the investigation, settlement or defence of any claim or matter relating to a Hire Schedule on which the Customer is named; and 4.13. Remain responsible for the care and safekeeping of the Equipment until collected by or delivered back to EquipHire Vasse. The Customer must NOT; 4.14. Tamper with, damage or repair the Equipment; 4.15. Lose or part with possession of the Equipment; 4.16. Allow any person to drive a motor vehicle if the person: i) does not hold a suitable licence to drive that class of Motor Vehicle; or ii) is affected by drugs and/or alcohol. 4.17. Exceed the recommended or legal load and capacity limits of the Equipment; 4.18. Use or carry any illegal, prohibited or dangerous substance in or on the Equipment; or 4.19. Exceed the recommended or legal speed limit for the Equipment’ 4.20. Lease, hire, bail or give possession (“sub-hire”) of the Equipment to anyone else unless EquipHire Vasse (in its absolute discretion) first consents in writing. Any such sub-hire must be subject to the rights of EquipHire Vasse under this agreement.

5. PAYMENTS BY THE CUSTOMER TO EQUIPHIRE VASSE 5.1. The Customer must pay the Hire Charge on or before Commencement (unless otherwise agreed by EquipHire Vasse). 5.2. Immediately on request by EquipHire Vasse, the Customer will pay: i) the new list price of any Equipment which is for whatever reason not returned to EquipHire Vasse; Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment. ii) all costs incurred in cleaning the Equipment; iii) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract; iv) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer’s use of the Equipment; v) all costs incurred by EquipHire Vasse in delivering and recovering possession of the Equipment; vi) Interest for late payment of amounts owing by the Customer, at the Reserve Bank of Australia target cash rate plus 6% per month or any part thereof compounded daily; vii)the cost of fuels and consumables provided by EquipHire Vasse and not returned by the Customer; viii) any reasonable expenses and legal costs incurred by EquipHire Vasse in enforcing this Contract due to the Customers default on an indemnity basis; ix) all costs of repairing or replacing tyres, including road service; x) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract; xi) Loading costs when Equipment hired with an hour meter is used in excess of 10 hours per item per day; and xii)Hire fees for the period from the Commencement of the hire until the Equipment is returned or a customer pick up number is obtained from EquipHire Vasse. 5.3. Without limiting the ability of EquipHire Vasse to recover all amounts owing to it, the Customer authorises EquipHire Vasse to charge any amounts owing by the Customer to any credit card or account details of which are provided to EquipHire Vasse.

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6. DAMAGE WAIVER 6.1. This damage waiver is not insurance but is an agreement by EquipHire Vasse that the Customer’s liability for damage to the Equipment can be limited in some circumstances only (“Damage Waiver”), to an amount called the Damage Waiver Excess. Damage Waiver does NOT cover the costs of recovery of the Equipment, which are always payable by the Customer. 6.2. The Damage Waiver Excess is the actual repair cost of the Equipment, or 20% of the current replacement cost of the Equipment as reasonably determined by EquipHire Vasse using supplier’s list prices, whichever is the lesser amount. 6.3. DAMAGE WAIVER DOES NOT APPLY IN THE FOLLOWING CIRCUMSTANCES, where the: i) Equipment is lost or stolen; ii) operator is not suitably licensed; iii) operator is affected by drugs and/or alcohol; iv) equipment has been wilfully damaged at any time during the Hire Period; v) damage is caused by rolling or detachment while the Equipment is being driven or towed; vi) damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road; vii)damage is caused in any way by overloading; viii) damage is caused by flash flooding or general water damage; ix) damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance; or x) damage is caused to a truck or truck crane.

7. EXCLUSION OF WARRANTIES AND LIABILITIES. 7.1. Where the Australian Consumer Law applies and the Equipment is not of a kind ordinarily acquired for personal domestic or household use or consumption, EquipHire Vasse liability in respect of any guarantee is limited to the replacement or repair of the Equipment, or the cost of having the Equipment repaired or replaced. 7.2. To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. EquipHire Vasse makes no representations and gives no warranties other than those set out in the Hire Contract, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.

8. REMOTE HIRE Where the Equipment is at any time hired by the Customer to be located in a Remote Area, the following clauses will also apply, in addition to the obligation of the Customer under clause 4 and elsewhere in the Hire Contract; 8.1. The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by EquipHire Vasse (“Remote Area Charges”). The Remote Area Charges will be calculated on a per kilometre rate travelled by EquipHire Vasse staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by EquipHire Vasse and its staff in connection with travel to and from the Remote Area; 8.2. Multiple items of Equipment hire by a Customer on the one site will only be charged for one call out fee; 8.3. The Customer is responsible at its cost for daily maintenance and care of all Multiple items of Equipment hire by a Customer on the one site will only be fittings and lubrication of all grease points.

9. BREACH OF HIRE CONTRACT BY CUSTOMER If the Customer breaches any provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then: 9.1. EquipHire Vasse shall be entitled to: i) terminate this Contract; and/or ii) sue for recovery of all monies owing by the Customer; and/or iii) repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so), and any Damage Waiver referred to in clause 6 is immediately invalidated. For the purposes of this clause, the Customer grants EquipHire Vasse an irrevocable licence to enter upon its property to repossess the Equipment. 9.2. The Customer indemnifies EquipHire Vasse in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.

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10. DISPUTES 10.1. The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to EquipHire Vasse in writing within at the Commencement. If no communication is received from the Customer, the Hire Charges are deemed to be accepted by the Customer. 10.2. If a dispute arises relating to this contract, the hiring or the use of the Equipment (except in regard to payments due to EquipHire Vasse), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.

11. EQUIPMENT DATA 11.1. EquipHire Vasse’s Equipment may contain on-board devices (“Data Device”) which enable the Equipment to send and receive certain information from the Equipment, including geolocation data from a global positioning system and other data. 11.2. By hiring any Equipment from EquipHire Vasse, the Customer expressly consents to EquipHire Vasse’s use of the Data Device on such Equipment during the Hire Period and to EquipHire Vasse collecting, using and retaining information from the Data Device in accordance with our Privacy Policy, and that EquipHire Vasse is the owner of that data subject to your rights as set out in our Privacy Policy.

12. PRIVACY EquipHire Vasse will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the EquipHire Vasse Privacy Statement is available upon request or by visiting EquipHire Vasse’s website.

13. GOVERNING LAW EquipHire Vasse and the Customer agree that this Contract is governed by the laws of the state of Western Australia, and the parties submit to the exclusive jurisdiction of the Courts of Western Australia.

14. CONTACTLESS COLLECTION AND RETURN EquipHire Vasse may in its discretion, and subject to satisfactory identification of the Customer, issue a Personal Identification Number (“PIN”) to an individual authorised representative of the Customer to allow self-collection and self-return of the Equipment by the Customer from and to a EquipHire Vasse Site. The PIN may be withdrawn by EquipHire Vasse in its discretion at any time. The Customer must comply with all requirements stipulated from time to time by EquipHire Vasse for entry to the Site using the PIN, including that the Customer must; 14.1. follow all directions given by EquipHire Vasse as to the procedure for obtaining access to the Site; 14.2. Enter the Site at its own risk, and any injuries or death or damage to equipment or property that may occur while the Customer is accessing the Site are the responsibility of the Customer; 14.3. ensure that the main gate of the Site is closed and locked when leaving the Site, failing which the Customer will be liable for any theft or attempted theft of Equipment from the Site, or for any damage to Equipment at the Site, or damage to the Site itself; 14.4. consent to being filmed or photographed by CCTV while at and entering and leaving the Site;14.5. at all times keep confidential the PIN, and ensure that the PIN is only used by the person to whom it is issued and that no other persons are given access to the Site at any time; and14.6. only take into their possession, Equipment detailed on an active Hire Schedule provided to the Customer by EquipHire Vasse.

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