Sunshine Hire Co outlines the terms and conditions binding upon every customer addressed in this contract (referred to hereafter as “The Hirer”). These terms constitute the entire Agreement between Sunshine Hire Co and The Hirer concerning the hire of the equipment described in this contract.

1. Interpretation

In these terms and conditions, unless the context otherwise requires, the singular includes the plural and vice versa. The term “equipment” refers to the items listed on the face of this contract.

2. Payment Terms

The Hirer shall pay all charges in advance prior to delivery unless the Hirer has a Credit Account with Sunshine Hire Co. If a Credit Account exists, payment must be made within thirty (30) days of taking delivery. 

3. Cancellation Policy

If the Hirer cancels the hire 72 hours (or more)  before the scheduled delivery, a cancellation fee equal to 40% of the total one-day hire charge will be applied. There will be no refund on bookings cancelled within 72 hours of the commencement date of the hire period. Delivery / Collection / Operator fees (if applicable) will be refunded and so will the bond (if applicable)

4. Hirer’s Responsibilities

The Hirer agrees to:

a) Maintain the equipment in good condition throughout the hire period and return it in the same condition, allowing for fair wear and tear as determined by Sunshine Hire Co.

b) Inspect the equipment immediately upon taking delivery and notify Sunshine Hire Co by phone or in writing within 6 hours of any loss or shortage.

c) Retain possession of the equipment and not allow any legal or equitable lien or encumbrance to be placed on it.

d) Not sell, mortgage, sublet, or assign the equipment.

e) Avoid affixing the equipment or any part thereof to any building or property.

f) Pay all charges promptly as outlined, regardless of whether a demand for payment has been made.

g) Return all equipment to Sunshine Hire Co at the end of the hire period without any reminder or demand from Sunshine Hire Co.

h) Allow Sunshine Hire Co, its officers, servants, or agents to enter the premises where the equipment is located to inspect or repossess the equipment if any breach of this Agreement occurs.

i) Cover any costs incurred by Sunshine Hire Co in removing or re-delivering the equipment.

j) Refrain from bringing or maintaining any counterclaim or set-off in law or equity against Sunshine Hire Co that is inconsistent with the terms of this Agreement.

k) Authorise Sunshine Hire Co to access personal information as permitted under the Privacy Act.

6. Indemnification

The Hirer agrees to indemnify Sunshine Hire Co against any claims or actions arising from the equipment or its use during the hire period.

7. Responsibility for Loss or Damage

The Hirer is responsible for any loss or damage to the equipment from the time they take delivery until the equipment is returned to Sunshine Hire Co’s warehouse. The Hirer agrees to pay the full replacement cost for any lost or irreparably damaged equipment within seven (7) days of the loss or damage being reported to Sunshine Hire Co.

a) If the equipment is damaged and rendered unhireable, the Hirer agrees to pay Sunshine Hire Co 33% of the current daily hire charge for each day the equipment is under repair, as determined by Sunshine Hire Co.

8. Special Delivery Arrangements

If Sunshine Hire Co delivers equipment to a person nominated by The Hirer, that person is deemed to be The Hirer’s authorized agent for all purposes of this Agreement and is bound by these terms without releasing The Hirer from liability.

9. Liability and Insurance

The Hirer is responsible for all loss or damage to any person or property related to the equipment during the hire period. The Hirer must obtain public risk insurance covering the equipment for the duration of the hire.

10. Assignment

The Hirer shall not assign this Agreement, the equipment, or any payment obligations to any third party without the prior written consent of Sunshine Hire Co. Any consent granted does not release The Hirer from liability under this Agreement.

11. Return of Leads and Cables

All leads and cables must be returned neatly rolled. A fee will be charged for failure to comply with this requirement.

12. Return of Equipment

The Hirer must return the equipment by 10 am (or another agreed time) on the specified return date. Failure to do so will result in a charge equal to the daily hire rate for each day the equipment is not returned, including the specified return date.

13. Reporting of Issues

The Hirer is obligated to report any shortage, damage, or malfunction in the equipment to Sunshine Hire Co immediately upon its return.

14. Availability and Discretion

The supply of equipment and related services (including those subject to service or maintenance charges for longer-term hires) is subject to availability and at the discretion of Sunshine Hire Co.

15. Limitation of Liability

The Hirer acknowledges that all implied conditions and warranties in relation to the supply of goods or services by Sunshine Hire Co are excluded to the extent permitted by law, including the Trade Practices Act 1974. The liability of Sunshine Hire Co for any breach of a condition or warranty implied by the Trade Practices Act shall, at Sunshine Hire Co’s discretion, be limited to:

a) In the case of goods:

i) The replacement or supply of equivalent goods,

ii) The repair of the goods, or

iii) Payment of the cost of having the goods repaired.

b) In the case of services:

i) The re-supply of the services, or

ii) Payment of the cost of re-supplying the services.

16. Severability

If any term or condition in this Agreement is found to be wholly or partially invalid, the validity of the remaining terms and conditions shall not be affected.

17. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State where The Hirer takes delivery of the equipment.

18. Hire Charges

Hire charges are subject to change without notice and are quoted in Australian dollars. Telephone quotes are estimates only and may exclude delivery, setup and operator fees unless otherwise specified.

By proceeding with bookings customers understand and agree to terms and conditions documented above.