Terms & Conditions of Hire

Latitude27 Pty Ltd

ABN: 671 514 542
For the provision of products and hire services by Latitude27 Pty Ltd (we/us/our).
These Terms and our Quote form the basis of our Agreement with you.

1. Acceptance and Term

You agree to be bound by this Agreement if, after having received a copy of it, you:

  1. Sign and return a Quote or Credit Application;

  2. Make payment of any amount in the Quote; or

  3. Instruct us (verbally or in writing) to provide the Products or Equipment as outlined in the Quote.

The Agreement continues for the Term unless terminated sooner under clause 13.

2. Hire and Delivery

2.1 Hire of Equipment

  • We agree to hire the Equipment to you for each Hire Period.

  • Any amendment of the Hire Period is subject to our approval and may require a revised Quote.

  • Daily hire rates include 8 hours of operation per day unless otherwise stated; additional hours incur extra fees.

2.2 Hire Period

The Hire Period starts when:

  • You take possession of the Equipment, or

  • We deliver it to your Site, or

  • As otherwise agreed.

It ends when:

  • You obtain an Off-Hire number from us (subject to access for collection), or

  • The Equipment is back in our possession.

Hire continues even when Equipment isn’t in use unless agreed otherwise.

2.3 Collection and Delivery

You agree to pay Delivery Fees as per the Quote or as reasonably advised.
You must provide clear site access for delivery and pickup.
Delivery is to the kerb unless otherwise agreed, and all risk transfers to you once Equipment is on site.

If delivery fails due to site issues or delay requests, you’re responsible for re-delivery costs.

3. Your Obligations and Responsibilities

You must:

  • Maintain the Equipment in good condition;

  • Allow only competent, licensed operators to use it;

  • Follow all manufacturer and safety instructions;

  • Not sub-hire, alter, or relocate the Equipment without consent;

  • Ensure compliance with all laws and keep Equipment secure.

Consumables

We may supply initial consumables; replenishment is your responsibility and charged as an Additional Fee.

Inspection

You must inspect all Equipment on delivery and notify us within 24 hours of any damage or defect.

4. Servicing and Repairs

We service Equipment at the end of each hire at our cost.
You’re responsible for:

  • Damage repairs (beyond fair wear and tear)

  • Refuelling

  • Cleaning of heavily soiled Equipment

  • Pumping out waste or refilling tanks

All such costs are charged as Additional Fees.

5. Payment of Fees and Deposit

All Fees must be paid as per your Quote and tax invoices.

  • Fees exclude GST unless stated otherwise.

  • Overdue payments attract interest at the Commonwealth Bank overdraft rate + 3%.

  • We may suspend hire or recover Equipment if invoices are unpaid.

Deposit: Held against outstanding costs and applied first to fees, then interest, then charges.

Additional Fees: Apply for cleaning, re-fuelling, excessive use, loss/damage, operator costs, or delivery beyond standard scope.

6. Account Terms

Credit accounts are at our discretion.
We may alter or withdraw credit limits without notice.
All changes to your business or ownership must be reported within 7 days.
Any Guarantee provided will follow our standard Guarantee & Indemnity terms.

7. Stand-Down and Off-Hire Requests

  • Stand-downs may be approved at our discretion if requested before 10am on the day.

  • Equipment remains your responsibility during Stand-down.

  • Off-hire requests must be lodged before 9am on the Off-hire Date and confirmed with an Off-hire number.

  • Hire Fees continue until Equipment is collected.

8. Equipment

Breakdown

If Equipment breaks down:

  • Stop using it and notify us immediately.

  • We will repair or replace if the fault isn’t due to misuse.

  • You’re liable for all repairs and hire costs if damage results from misuse.

Lost, Stolen, or Damaged Equipment

Notify us in writing within 5 Business Days of the event.
You’re liable for repair/replacement costs unless covered under Loss & Damage Waiver.

Remote Sites

If your site is over 150km from our nearest branch, additional fees apply for travel, labour, and accommodation.

9. Loss and Damage Waiver

  • Waiver fee: 12% of total Hire Fees (added automatically unless insurance proof provided).

  • Covers theft, fire, storm, flooding, accident, or collision (excluding misuse or negligence).

  • Claim excess: 50% of repair/replacement cost up to $5,000 per item.

  • Does not cover tyres, glass, paint, cords, blades, or misuse-related damage.

10. Insurance

If you decline the Waiver, you must maintain full replacement value insurance and list us as an interested party.

11. Warranties & Indemnities

You indemnify us for:

  • Any loss or damage to Equipment (beyond fair wear and tear);

  • Any third-party loss connected to Equipment use;

  • Loss from breach of this Agreement.

You warrant you are solvent, authorised, and legally capable of entering this Agreement.

12. Liability

We’re not liable for indirect or consequential loss.
Our liability is limited (at our discretion) to repair, replacement, equivalent Equipment, or refund of Hire Fees.

13. Termination

Either party may terminate with 7 days’ written notice if the other breaches terms or becomes insolvent.
We may terminate immediately for safety risks or non-payment.
You must return all Equipment immediately on termination.

14. Security Registration (PPSA)

You grant us a security interest over your property and Equipment hired.
We may register this on the PPSR without notice.
You waive rights to receive verification statements.

15. Assignment

Neither party may assign this Agreement without written consent.

16. Notices

All notices must be in writing and sent via post or email to the address stated in your Quote.

17. General

This Agreement:

  • Is governed by Queensland law;

  • May only be varied in writing;

  • Continues even if parts are invalid;

  • Replaces all prior understandings.

18. Interpretation

Standard legal interpretation rules apply (plural includes singular, etc.).

19. Wet and Dry Hire of Machinery

Covers operational, safety, insurance, and cost conditions for both Wet Hire (with operator) and Dry Hire (without operator).
Full details include:

  • Site access and underground service identification;

  • Minimum charges, stand-down, and overtime conditions;

  • Safety, insurance, and chain of responsibility compliance;

  • Operator fatigue management;

  • Suspension and termination rights for non-payment or unsafe conditions.

20. Definitions

All defined terms retain their meaning as outlined in the full document, including:
Account, Additional Fees, Agreement, Business Day, Consequential Loss, Credit Application, Customer, Delivery Fees, Deposit, Dry Hire, Equipment, Fees, Hire Period, Loss, Off-hire, Operator, PPSA, Products, Quote, Security Interest, Site, Stand-down, Term, Wet Hire, and others.

📄 Full Legal Notice

This document forms a binding Agreement between Latitude27 Pty Ltd and the Customer.
Use of our products, equipment, or services constitutes acceptance of these Terms.