Equipment Hire & Sub-Hire Agreement

2. HIRE PERIOD

2.1 The Hire Period commences when the Equipment leaves the Owner's premises or is delivered to the Hirer's site. One hire day is a maximum period of 24 hours.

2.2 The Hire Period continues until the Equipment is physically returned to the Owner's nominated premises or collected by the Owner or its nominated carrier. An off-hire request, cessation of use or notice that the Equipment is available for collection does not of itself end the Hire Period unless the Owner agrees otherwise in writing.

2.3 Early return of Equipment does not entitle the Hirer to a refund unless agreed by the Owner in writing.

2.4 The Owner may inspect the Equipment at any time during the Hire Period and may recover it if misuse, Damage or non-compliance with this Agreement is suspected.

2.5 The Hirer must complete and sign a Pre-Hire Condition Report before taking possession of the Equipment. If the Hirer does not do so, the Equipment will be deemed to have been supplied in good condition.

2.6 The Owner will inspect the Equipment following return. Damage or excessive wear will be documented and the applicable repair costs may be invoiced to the Hirer following assessment.

2.7 If the Hirer cancels the hire or ends it before the agreed term, the Owner may apply an early termination adjustment reflecting the difference between the agreed rate and the rate applicable to the actual Hire Period.

2.8 The Hirer is responsible for all fines, penalties and infringements arising from use of the Equipment during the Hire Period. The Owner may request evidence of vehicle registration and the driver's licence of any person towing or transporting the Equipment.

2.9 The Hirer must return the Equipment clean and free from contamination, excessive soiling and foreign substances beyond fair wear and tear, as described in Schedule 1. Fair wear and tear does not include mud build-up, coating residue, oil or grease contamination or contamination within engine or mechanical compartments.

2.10 If Equipment requires cleaning, rectification or repair beyond fair wear and tear, the Owner may charge reasonable labour, materials, consumables, third-party services and associated downtime required to restore it to a hire-ready condition. These costs will be documented and invoiced under clause 2.6.

2.11 The Hirer must immediately stop using the Equipment and notify the Owner if it overheats, malfunctions or operates abnormally. The Hirer must not repair, adjust or modify the Equipment without the Owner's prior written consent.

2.12 The Equipment may only be used, stored and operated at the Approved Location. The Hirer must not relocate, remove, transport or permit the Equipment to be moved from the Approved Location without the Owner's prior written consent and must provide the Owner with the Equipment's precise location on request.

2.13 The Hirer must obtain and maintain all permissions, authorities and site access required for the Owner and its nominated personnel, contractors and carriers to inspect, service, maintain and recover the Equipment. Hire Charges continue during delays in collection or recovery caused by site access, permits, escorts, loading, release of the Equipment or other matters within the Hirer's control.

3. HIRE CHARGES AND PAYMENT TERMS

3.1 Hire Charges are calculated on a daily, weekly or monthly basis as stated in the applicable proposal or quotation.

3.2 Payments must be made within the agreed terms. If payment is overdue, the Owner may charge late payment fees and may suspend further hire.

3.3 The Hirer is responsible for additional costs arising from the hire including fuel, tolls, cleaning and repairs resulting from misuse.

3.4 The Owner may require a security deposit before releasing the Equipment. The amount will be specified in the Hire Schedule, quotation or invoice. The Owner may apply the deposit against unpaid Hire Charges, cleaning, rectification, repair and any other amount payable under this Agreement. Any balance will be refunded within a reasonable period following the post-hire inspection.

3.5 The Owner may adjust Hire Charges where the Equipment is retained beyond the agreed Hire Period.

3.6 Delivery and collection within the Perth Metropolitan Area will be charged at the rate nominated by the Owner.

3.7 Delivery and collection charges exclude inductions, site-access delays and requirements not expressly included in the quotation or this Agreement.

3.8 Additional delivery, collection, mobilisation or access charges may apply outside the Perth Metropolitan Area or where special access arrangements are required. These charges are separate from the Remote Hire Levy.

3.9 Unless otherwise agreed by Avenida in writing, a Remote Hire Levy of 12.5% of the Hire Charges applies where the Equipment is hired for use outside the Perth Metropolitan Area or at a regional, remote, mining, construction or controlled-access site identified by the Owner in the quotation or Hire Schedule. The levy contributes towards additional mobilisation, servicing, breakdown support, hire and off-hire requirements and reasonable incidental wear associated with remote-site operations. It does not cover loss, theft or Damage resulting from misuse, overloading, negligence, unauthorised use, breach of this Agreement, inadequate security, improper transport, failure to follow operating or maintenance instructions, corrosive substances, overspray, concrete, welding, grinding, collision, impact, tyre damage, glass breakage, graffiti or deliberate acts. The Hirer remains liable for all associated repair, replacement, recovery, downtime and transport costs.

3.10 Unless expressly included in the quotation, inductions, permits, escorts, waiting time, security clearances, site delays, loading delays, mine-specification requirements, inspections, documentation and other site-specific requirements are chargeable to the Hirer at the rates stated in the quotation or, where no rate is stated, at the Owner's reasonable cost.

4. USE AND MAINTENANCE OF EQUIPMENT

4.1 The Hirer must operate and maintain the Equipment in accordance with the manufacturer's instructions and all applicable laws and regulations.

4.2 The Hirer must ensure that only appropriately trained, licensed and qualified personnel operate the Equipment.

4.3 The Equipment must not be modified or used for any purpose other than its intended purpose.

4.4 The Hirer is responsible for securing and protecting the Equipment against theft, vandalism and unauthorised use while it is in the Hirer's possession or control.

4.5 The Owner may require periodic maintenance inspections and scheduled servicing where reasonably necessary to protect the Equipment. The Hirer must make the Equipment available at the times or operating-hour intervals notified by the Owner and provide reasonable site access and shutdown time.

4.6 The Hirer must complete a daily operator log or checklist and retain records of use, servicing and incidents for inspection by the Owner. Any alternative to the Owner's logbook must be approved by the Owner in writing before use and supporting records must be supplied on request.

4.7 The Equipment is supplied with a full tank of fuel unless otherwise stated. The Hirer must return it with a full tank.

4.8 If the Equipment is returned with less than a full tank, the Owner may refill it and charge the Hirer for the fuel required at $4.50 per litre.

4.9 Fuel consumed during the Hire Period is the Hirer's responsibility. The Hirer must use only clean and appropriate fuel. Damage caused by contaminated or incorrect fuel will be repaired at the Hirer's cost.

4.10 The Hirer is responsible for Damage and reasonable additional costs caused by delayed or missed servicing where the Hirer fails to make the Equipment available as required under clause 4.5.

4.11 Where the quotation or Hire Schedule states an operating-hours allowance, use above that allowance will be charged at the excess-hours rate stated in that document. Engine-hour meter readings may be required at intervals specified by the Owner.

5. BREAKDOWN, DAMAGE AND REPAIRS

5.1 The Hirer must notify the Owner immediately of any breakdown, Damage or malfunction.

5.2 The Owner will arrange necessary repairs unless the Damage results from the Hirer's act, omission, negligence or breach of this Agreement, in which case the Hirer must pay the repair costs.

5.3 The Hirer must not attempt or authorise repairs without the Owner's prior written consent.

5.4 The Hirer is liable for Damage caused by improper use, overloading, exposure to hazardous conditions or failure to follow operating procedures.

5.5 The Owner may charge the full replacement cost if Equipment is irreparable or uneconomical to repair because of the Hirer's act, omission or negligence.

5.6 Hire Charges continue for the period reasonably required to assess and rectify Damage for which the Hirer is liable. The Hirer is also liable for reasonable additional losses and costs actually incurred by the Owner as a direct consequence of that Damage to the extent not already recovered through continuing Hire Charges.

5.7 Where attendance at a regional, remote or controlled-access site is required because of misuse, operator error, contaminated fuel, failure to perform required checks or maintenance, unauthorised repair, Damage, site conditions or another matter for which the Hirer is responsible, the Hirer must pay the Owner's reasonable labour, travel time, vehicle costs, airfares, accommodation, meals, freight, parts, subcontractor charges, inductions and site-access costs. These costs are additional to the Remote Hire Levy.

6. INSURANCE AND LIABILITY

6.1 The Hirer must maintain comprehensive insurance throughout the Hire Period including public liability, equipment damage, theft and, where applicable, transit cover sufficient to meet the full replacement value of the Equipment. Evidence satisfactory to the Owner must be supplied before mobilisation and at each policy renewal during the Hire Period. The Hirer remains responsible for all policy excesses and must promptly notify the Owner of any cancellation or material reduction in cover.

6.2 To the extent permitted by law, the Owner is not liable for loss, Damage, injury or delay arising from the use, possession or operation of the Equipment except to the extent directly caused by the Owner's negligence.

6.3 The Hirer indemnifies the Owner against claims, losses, damages, liabilities, costs and expenses including legal costs on a full indemnity basis arising from or relating to the Hirer's use, possession or operation of the Equipment.

6.4 In the event of theft, total loss or irreparable Damage, the Hirer must promptly notify the relevant authorities and provide all necessary reports and supporting documents to the Owner.

6.5 The Hirer is responsible for the full replacement cost of Equipment that is lost, stolen or damaged beyond repair regardless of whether the Hirer holds or can recover under insurance.

6.6 The Hirer bears full financial responsibility for the repair or replacement of Equipment damaged or lost as a result of:

• (a) use contrary to the manufacturer's instructions or for an unintended purpose;
• (b) negligence, improper use, abuse, overloading or operator error;
• (c) failure to store or secure the Equipment safely;
• (d) theft, vandalism, graffiti or deliberate damage;
• (e) a breach of this Agreement;
• (f) a contravention of any applicable law or regulation;
• (g) damage to tyres or tubes caused by punctures, blowouts, cuts, bruising or similar incidents;
• (h) failure to properly inspect, maintain, service or lubricate the Equipment;
• (i) use, loading, unloading, transport or placement on or near water, wharves, docks, bridges or vessels;
• (j) inadequate clearance for height, width or weight;
• (k) hazardous electrical current or exposure to toxic, corrosive or caustic substances including salt water, acid or chemicals;
• (l) glass breakage, collision, impact, dropping, rollover or overturn;
• (m) paint, texture coat or overspray, concrete, grinding, welding, gas or cutting activities;
• (n) transport of the Equipment other than transport performed by the Owner;
• (o) failure to comply with environmental laws or to prevent pollution, contamination or environmental harm;
• (p) an environmental incident including a spill, leak or contamination caused or contributed to by the Hirer or its personnel; or
• (q) any other negligent or deliberate act or omission of the Hirer, its personnel or any third party while the Equipment is in the Hirer's possession or control.

6.7 The Hirer must immediately notify the Owner of any environmental incident and take prompt action to contain, clean up and remediate the affected area. The Hirer is responsible for all related costs and indemnifies the Owner against claims, penalties, losses and legal costs arising from environmental harm or non-compliance during the Hire Period.

6.8 Where Equipment is sourced through a sub-hire or third-party supplier, reasonable and documented additional costs, surcharges or rate increases imposed by that supplier may be passed on to the Hirer.

6.9 The Hirer accepts full responsibility and indemnifies the Owner against claims, liabilities, damages, costs and expenses including legal costs arising from personal injury or property damage related to the use of the Equipment during the Hire Period.

6.10 Title to the Equipment remains at all times with the Owner. The Hirer acquires no proprietary interest in the Equipment and must not sell, dispose of, pledge, charge, encumber or permit any lien or security interest to arise over it.

6.11 The Hirer must immediately notify the Owner of any attempted seizure, attachment, detention, lien or third-party claim affecting the Equipment and must reasonably assist the Owner to protect or recover its interest.

7. SUB-HIRE CONDITIONS

7.1 The Hirer must not sub-hire, lend or part with possession of the Equipment without the Owner's prior written consent.

7.2 If sub-hire is approved, the Hirer remains fully responsible for the Equipment and compliance with this Agreement.

7.3 Unauthorised sub-hire entitles the Owner to terminate this Agreement immediately and recover the Equipment, losses and enforcement costs.

8. TERMINATION AND DEFAULT

8.1 The Owner may terminate this Agreement immediately if the Hirer breaches it, becomes insolvent or fails to make a payment when due.

8.2 On termination, the Hirer must immediately make the Equipment available for return or collection.

8.3 To the extent permitted by law, the Owner may enter premises under the Hirer's control to recover Equipment that is not returned, provided the Owner takes reasonable care. Where the Equipment is located at premises or a site not controlled by the Hirer, the Hirer must procure all permissions and access reasonably required to enable the Owner or its nominated carrier to recover the Equipment.

8.4 The Owner may charge its reasonable recovery costs and the full replacement cost if Equipment is not returned in the agreed condition or cannot be recovered.

8.5 The Owner may refuse future hire services following material non-compliance, fraud or failure to pay amounts due.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 This Agreement is governed by the laws of Western Australia and the parties submit to the courts of Western Australia.

9.2 The parties must first attempt to resolve a dispute through good-faith negotiation and mediation. If it is not resolved, either party may commence arbitration or court proceedings.

9.3 To the extent permitted by law, the Hirer must pay the Owner's reasonable legal and recovery costs incurred in enforcing this Agreement or recovering amounts due.

10. MISCELLANEOUS

10.1 An amendment to this Agreement must be in writing and signed by both parties.

10.2 If any provision is invalid or unenforceable, it will be severed to the extent necessary and the remaining provisions will continue in effect.

10.3 The Hirer must not assign or transfer its rights or obligations under this Agreement without the Owner's prior written consent.

10.4 The Hirer must reasonably cooperate with audits or reviews conducted by the Owner to verify compliance with the hire conditions.

10.5 The Hirer is responsible for determining whether the Equipment is suitable for its intended purpose. Except for guarantees that cannot lawfully be excluded, the Owner gives no warranty or representation regarding that suitability.

10.6 The Owner is not liable for delay or failure to perform caused by events beyond its reasonable control including fire, flood, natural disaster, industrial action, supply interruption or government restriction.

10.7 The Hirer consents to the Owner collecting, using and retaining business and contact information for hire administration, invoicing and service communications in accordance with applicable privacy laws including the Privacy Act 1988 (Cth).

10.8 The Hirer must do anything reasonably requested by the Owner to protect or perfect the Owner's interest in the Equipment under the Personal Property Securities Act 2009 (Cth), including providing information and executing documents reasonably required for any registration the Owner considers appropriate.

SCHEDULE 1 - FAIR WEAR AND TEAR AND DAMAGE ASSESSMENT

This Schedule forms part of the Owner's standard post-hire inspection process and must be read with clauses 1.6, 2.6, 3.9, 5 and 6 of the Agreement. The Remote Hire Levy does not alter the Hirer's liability for chargeable Damage under this Schedule.

1. Purpose

1.1 This Schedule explains how Damage is identified, assessed and rectified under the Owner's inspection rights and the Hirer's obligations.

1.2 It supports transparency and consistency in post-hire assessment and forms part of the Owner's standard documentation process.

2. Fair Wear and Tear

2.1 Fair wear and tear means deterioration resulting from normal and proper use of the Equipment in accordance with the manufacturer's instructions and clause 4 of the Agreement.

2.2 Fair wear and tear does not include impact damage, structural deformation, bent or twisted components, abnormal corrosion, overspray or coating contamination, concrete or abrasive residue, weld spatter, electrical damage, missing components, unauthorised modification, tyre damage caused by misuse, broken glass, damaged lights or any condition inconsistent with normal operation.

3. Damage Assessment

3.1 The Owner will inspect the Equipment following return and document any condition identified as Damage beyond fair wear and tear.

3.2 The Owner may take photographs, prepare a written assessment and rely on internal workshop assessments or third-party quotations to determine the reasonable cost of rectification.

3.3 Where chargeable Damage is identified, the Owner may invoice rectification costs supported by the inspection records and assessment.

4. Categories of Chargeable Damage

4.1 Mechanical Damage includes Damage caused by incorrect or contaminated fuel, failure to maintain oil or coolant levels, overloading, operation outside manufacturer parameters, ignored warnings, rollover, unqualified operation or failure to complete daily operator logs.

4.2 Environmental or contamination Damage includes Damage caused by salt water, coastal or saline exposure, abnormal red-dust ingress, chemicals, corrosive substances, concrete slurry, abrasive blasting, overspray, hazardous electrical exposure or other conditions inconsistent with proper storage and use.

4.3 Surface and cosmetic rectification includes degreasing, pressure cleaning, rust treatment, decal replacement, repainting, surface restoration and removal of foreign material where the Equipment is returned beyond fair wear and tear.

4.4 Missing items include keys, locking devices, hoses, leads, logbooks, manuals, accessories and any other supplied components that are not returned.

5. Replacement and Total Loss

5.1 If the Equipment is irreparable or uneconomical to repair because of the Hirer's act, omission or negligence, the Hirer is liable for its full replacement value under clauses 5.5 and 6.5.

5.2 Replacement value means the current market cost of equivalent new Equipment including associated delivery and commissioning costs.

6. Continuing Hire Charges

6.1 Where Damage arises from misuse, negligence, unauthorised repair, breach of the Agreement or failure to secure the Equipment, Hire Charges may continue under clause 5.6 for the period reasonably required to repair, restore or replace it.

6.2 These charges recover commercial loss while the Equipment is unavailable and are not included in the Remote Hire Levy.

Acceptance of Hire Terms and Conditions

By signing, the signatory confirms that they are authorised to bind the Hirer and that the Hirer accepts this Agreement including all applicable rates, charges and the Remote Hire Levy. The signatory confirms that the information supplied is true and correct.

If this document cannot be signed and returned, the Hirer may confirm acceptance of these terms in writing by email.