Rental Terms and Conditions

1.1 "DHG" refers to Dandy Hire Group Pty Ltd (acting as trustee for the Dandy Hire Group Unit Trust).

1.2 "Customer Documents" includes (a) for the Recipient, the delivery receipt; and/or (b) for the Hirer, (i) email communications (including any terms attached) under clause 2.1(b), or (ii) any online order form completed for the rental of the Equipment.

1.3 "Damage Waiver Fee" refers to any charge listed as such in the Customer Documents.

1.4 "Damage Waiver Excess" represents 10% of the total Rental Fees due for the Rental Period.

1.5 "Equipment" refers to the items rented by DHG to the Hirer as specified in the Customer Documents.

1.6 "Fees" include Rental Fees, the Damage Waiver Fee, and any other applicable charges like transportation, delivery, or installation costs associated with the Equipment rental.

1.7 "Hirer" refers to the person/entity identified in the Customer Documents as responsible for paying the rental fees for the Equipment, which may differ from the Recipient.

1.8 "Off-Hire Number" denotes a unique identifier assigned to the Equipment when it is returned in a suitable condition for re-hire, or once it has been cleaned and repaired by DHG.

1.9 "PPSA" stands for the Personal Property Securities Act 2009 (Cth) and its related regulations.

1.10 "Recipient" refers to the individual/entity to whom the Equipment is delivered, as indicated in the Customer Documents, and includes their employees, agents, or contractors.

1.11 "Rental Contract" encompasses these terms and the Customer Documents applicable to the hire.

1.12 "Rental Fees" are the charges for the rental period, as specified in the Customer Documents.

1.13 "You" or "Your" refers to the Hirer and/or Recipient, as applicable, and includes your employees, agents, and contractors.

2.1 When DHG agrees to rent Equipment to you (the Hirer), DHG will agree upon delivery terms, including location, date, and recipient. DHG will:

(a) require the Recipient to acknowledge receipt by signing a delivery docket, which binds them (and you, as Hirer) to these terms;

(b) send a copy of these terms (along with the contract details, including Equipment description, rental start date, and applicable fees) to you by email. You will be deemed to have accepted these terms if you continue to possess (or allow the Recipient to possess) the Equipment for more than 2 business days after receiving the email. If you do not wish to accept the terms, you must notify DHG within this 2-day period and arrange for the return of the Equipment. In this case, these terms will be void from the repossession date, though you must pay for any rental period up to that point.

2.2 The rental period begins on the date specified in the Rental Contract and continues until the Equipment is returned, is in an acceptable condition for re-hire, or is given an Off-Hire Number by DHG. However, unless otherwise stated in the Customer Documents:

(i) The Rental Period (including any extensions) cannot exceed 364 days.

(ii) If you wish to extend the rental beyond 364 days, a new rental agreement must be signed.

2.3 DHG may reclaim the Equipment with reasonable notice, and can terminate the Rental Contract at its discretion.

2.4 DHG has the right to inspect the Equipment during the rental period with reasonable notice, and you must provide access to any location where the Equipment is held.

2.5 DHG retains ownership of the Equipment, and you are merely using the Equipment as a bailee.

3.1 Unless specified otherwise in the Customer Documents, at the commencement of the rental period, the Hirer will pay an initial fee, which includes the first week’s rental, the Damage Waiver Fee, and any applicable delivery or installation charges.

3.2 Following the Initial Fee, the Hirer must pay the Rental Fee installments for the full Rental Period, in accordance with the payment terms in the Customer Documents. The Hirer will not be charged rental fees for periods when the Equipment is not operational due to defects, provided the obligations under clause 4.5 are met.

3.3 If the Hirer fails to make payment by the due date, DHG may:

(a) charge interest at 10% per day on the overdue amount;

(b) recover any costs incurred by DHG in collecting overdue amounts, including debt recovery and legal fees.

3.4 In addition to any rental fees, the Hirer is responsible for paying any applicable GST, stamp duties, or government charges associated with the rental. If payment is made via credit card, additional charges may apply.

4.1 You must use the Equipment in accordance with its intended purpose and follow any user manuals or instructions provided by DHG.

4.2 You must not modify, repair, or tamper with the Equipment without DHG’s prior written consent.

4.3 You acknowledge that the Equipment was inspected at the time of rental and is in good working condition, fit for its intended purpose, and meets the description provided by DHG.

4.4 If the rental period exceeds 90 days, you must either retest and retag the Equipment per the manufacturer’s instructions and relevant Australian standards, or pay DHG to do so.

4.5 You must notify DHG within 24 hours if the Equipment is damaged or malfunctions.

4.6 You must notify DHG within 7 days of any change in your business details, such as ownership, legal proceedings, or insolvency issues.

5.1 DHG will:

(a) Provide the Equipment in a clean, functional, and compliant state;

(b) Allow the Hirer to use the Equipment for the agreed rental period, subject to these terms;

(c) Repair or replace Equipment that fails due to normal wear and tear;

(d) Comply with the Privacy Act 1988 (Cth).

The Hirer may sub-hire the Equipment to a third party only with DHG’s prior written consent. If consent is given, the Hirer:

6.1 Remains fully responsible to DHG as if the Equipment was not sub-hired, including any actions of the third party;

6.2 Must not register the Equipment as “serial numbered goods” under the PPSA;

6.3 Will take necessary actions to protect DHG’s security interest in the Equipment under the PPSA.

7.1 A Damage Waiver Fee will be charged unless stated otherwise in the Customer Documents.

7.2 If no Damage Waiver Fee is charged, the Hirer is responsible for the cost of replacing or repairing the Equipment if damaged, lost, or stolen. The Hirer must maintain appropriate insurance to cover this risk.

7.3 If a Damage Waiver Fee is paid, DHG waives claims for loss or damage caused by fire, accident, storm, or theft, provided the Hirer complies with reporting and precautionary obligations.

7.4 The Damage Waiver does not cover loss or damage caused by:

(a) Negligence, misuse, or intentional damage by the Hirer or Recipient;

(b) Failure to service the Equipment;

(c) Overloading, electrical faults, or exposure to corrosive substances.

You are responsible for any loss or damage to the Equipment during the rental period and must fully reimburse DHG for any related costs.

9.1 DHG, its officers, employees, and agents are not liable for any losses or damages related to the Equipment rental, except as required by law.

9.2 The Hirer indemnifies DHG for any loss or claims arising from the use of the Equipment, including third-party injuries or property damage.

10.1 The Hirer must not register any security interest in the Equipment without DHG’s consent.

10.2 DHG has the right to register a security interest in the Equipment under the PPSA.

If the Hirer breaches any terms of the Rental Agreement, DHG may repossess the Equipment and terminate the contract.

To end the rental, the Hirer must provide 5 business days’ notice and ensure the Equipment is returned in good condition. Failure to comply may result in additional charges for cleaning, repair, or delays.

13.1 Any amendments to these terms must be in writing and signed by both parties.

13.2 Notices must be in writing.

13.3 Any disputes will be governed by Victorian law and resolved through good faith negotiation.

13.4 If any provision is found unenforceable, the remainder of the agreement will still be valid.

Neither party is liable for delays or failures in performance due to events beyond their control, excluding payment obligations.