ELITE SURVEY EQUIPMENT PTY LTD (ABN 82 627 069 809) · Issue 7 - 17 October 2026. These terms apply to every hire under a schedule, quote or PandaDoc agreement issued by Elite Survey Equipment.
R1. The owner is the proprietor of the plant, equipment and vehicles (“equipment”) listed in the schedule to this Agreement (“schedule”).
R2. The hirer will hire the equipment specified in the schedule from the owner upon the terms and conditions in this Agreement.
1.1 In this Agreement:
(a) “owner” means ELITE SURVEY EQUIPMENT PTY LTD (ABN 82 627 069 809); “hirer” means the party named as hirer in the schedule.
(b) “equipment” means every item listed in the schedule — vehicles, total stations, GNSS receivers, controllers and tablets, software licence dongles, batteries and chargers, cases, tripods, prisms and poles, radios and every other accessory — and any item the owner supplies in substitution for a listed item.
(c) “vehicle” means any motor vehicle or trailer forming part of the equipment.
(d) “schedule” means the schedule or quote that lists the equipment, the hire period, the charges and any conditions for a particular hire, together with the declaration, whether on paper or as the electronic document presented for signing in the owner’s hire system. Each schedule forms part of, and is governed by, these terms; the owner and the hirer may enter into any number of hires under them.
(e) “declaration” means the vehicle use and driver declaration the hirer completes as part of the schedule: the nominated drivers, who may drive, what the vehicles will be used for, the bond option, the hirer’s turnover band and the hirer’s uploads.
(f) “hire period” means the period stated in the schedule, from the commencement date until the equipment is returned to and accepted by the owner, including any extension agreed in writing.
(g) “authorised driver” means a person the hirer nominates in the declaration who meets the owner’s driver acceptance criteria stated there and whose licence the owner has sighted, or any other person the owner later approves in writing.
(h) “excess” means each excess that applies under the owner’s motor or equipment insurance to a claim, including any additional age or inexperienced-driver excess.
(i) “bond” means the security described in clause 9.
(j) “condition record” means the photographs, odometer reading, fuel level and handover checklist the owner records when the equipment goes out, which the hirer may inspect on request.
(k) “replacement value” means the value shown for an item in the schedule or, if none is shown, the cost of replacing it new with the same or an equivalent item.
(l) “PPS Law” means the Personal Property Securities Act 2009 (Cth) and its regulations, as amended or replaced.
2.1 The hire starts on the commencement date in the schedule and continues for the hire period. The hirer may use the equipment during the hire period on these terms.
2.2 An extension must be agreed by the owner in writing before the hire period ends. A hire with no end date is an ongoing hire and continues until either party gives the other seven days’ written notice, or it is ended under clause 13.
2.3 The hirer must return the equipment to the owner at Unit 28/3 Box Road, Caringbah NSW 2229, or to another place the owner nominates in writing, during business hours on or before the end of the hire period, unless collection by the owner has been agreed.
2.4 WARNING: failure to return the equipment or a vehicle on or before the end of the hire period stated in the schedule can be criminal theft and may be reported to the police immediately. The hirer acknowledges this warning when it signs the schedule.
2.5 Equipment not returned on time stays on hire and continues to be charged at the rate in the schedule until it is returned or collected. This is not an extension of the hire period.
2.6 Without the owner’s express written consent no hire period, including every extension, may exceed two years or any other period that would make the hire a PPS lease under the PPS Law.
2.7 The owner may decline any request for a hire, and may make any hire conditional on receiving the completed declaration, copies of the drivers’ licences, the bond, the hirer’s certificate of currency and any other information it reasonably requires.
3.1 The hirer must pay the charges in the schedule for the hire period, plus GST. Charges are invoiced as the schedule states — an ongoing hire monthly from the day the equipment is received, a fixed period for the period quoted — and are payable by the due date on the invoice.
3.2 Part periods are charged pro rata unless the schedule states a minimum charge.
3.3 The hirer must also pay, when invoiced (including after the hire ends):
(a) delivery and collection charges, and a wasted trip where the equipment was not ready or available;
(b) fuel used and not replaced, cleaning, and consumables supplied by the owner;
(c) tolls, and parking, traffic and camera infringements incurred during the hire, together with any administration fee the owner incurs in nominating the driver;
(d) the excess, the cost of repairs, the replacement value of unreturned items and every other amount clauses 7 to 9 make the hirer responsible for; and
(e) the owner’s reasonable costs of recovering the equipment or any amount due, including PPS Law registration fees, debt-collection and legal costs.
3.4 Amounts under clauses 7 to 9 are payable on demand and the owner may deduct them from the bond.
3.5 If the hirer cancels a booking without reasonable notice or does not take delivery, the owner may charge a reasonable cancellation fee of not more than one week’s hire charge (or the whole charge for a hire quoted for a shorter period).
3.6 The owner may add a surcharge to a card payment, not exceeding its cost of accepting that card.
3.7 Rates cannot be increased during a fixed hire period. For an ongoing hire the owner may change the rates on 30 days’ written notice; the hirer may end the hire by returning the equipment before the new rate applies.
3.8 The owner may charge interest on any amount unpaid after its due date at the Reserve Bank of Australia cash rate plus 4% per annum, calculated daily, and the hirer may not withhold or set off any amount against the charges.
4.1 When the equipment goes out the owner records its condition — photographs of each item and of the vehicle inside and out, the odometer reading, the fuel level and a checklist of the items handed over. This condition record is the baseline for the return inspection. The hirer, or the person receiving the equipment for it, may inspect the equipment at handover and must note any existing damage or missing item then; otherwise the hirer accepts the equipment as complete, in good order and as recorded.
4.2 By signing the schedule or accepting the equipment the hirer confirms that it has received the operating instructions, understands the storage and security requirements in clause 5, and understands that only its authorised drivers may drive the vehicle and only its approved personnel may operate the equipment.
4.3 The hirer must return the equipment complete — every key, case, cable, charger, battery, dongle and accessory — clean, with the vehicle’s fuel at the handover level, and in the same condition as at handover, fair wear and tear excepted.
4.4 On return the owner inspects the equipment against the condition record within two business days and notifies the hirer, with photographs, of any damage, missing item, cleaning or fuel charge. The hirer may attend the return inspection.
4.5 Where collection by the owner is agreed, the hirer remains responsible for the equipment until the owner collects it and must keep it secured and available at the agreed place and time.
4.6 The hire period ends when the owner has received the equipment back and confirmed its return — not when the equipment is left unattended at the owner’s premises or elsewhere.
5.1 The hirer accepts that the use of survey equipment and vehicles carries inherent dangers and risks of injury and accepts those risks. The equipment may be used only by competent persons trained in its safe use who hold any licence or qualification the law requires, and only by the hirer’s own personnel or the persons named in the schedule. Nobody else may use it without the owner’s written consent.
5.2 The hirer must use the equipment only for its intended purpose and the hirer’s own survey work, in accordance with the manufacturer’s instructions and the owner’s directions; keep it in good order; protect it from weather, water, dust, shock and vibration; transport instruments in their cases; and never exceed a rated load or capacity.
5.3 The hirer must comply with all work health and safety, road transport and other laws that apply to the use of the equipment, obtain every site access permission or induction its personnel need, and ensure its personnel do the same.
5.4 Total stations, GNSS receivers, controllers, tablets, prisms and the 12d Model dongle must never be left in any vehicle overnight or unattended. They must be secured at an office premises or at the residence of the hirer’s personnel. The dongle must be removed from the tablet and stored separately when not in use. A vehicle must be locked, with the keys removed and secured, whenever it is unattended.
5.5 The hirer must not repair, modify, adjust the calibration of, re-mark, remove the identification labels, plant numbers or tracking devices from, or otherwise tamper with the equipment, and must not permit anyone else to do so. Running the on-board check-and-adjust routines that clause 5.8(c) requires is not an adjustment for this purpose.
5.6 If the equipment breaks down, develops a fault or is damaged, the hirer must stop using it and notify the owner at once. The hirer must not attempt or arrange a repair. The owner will repair, replace or collect the item. Where the fault is not the hirer’s responsibility, hire charges for that item are suspended from the notification until a replacement is provided; otherwise the hirer pays the charges and the cost of repair.
5.7 The equipment must remain in New South Wales unless interstate travel is permitted in the declaration or the owner consents in writing. The hirer must tell the owner the sites where the equipment is used and where it is stored overnight, and must tell the owner if they change.
5.8 Calibration, checks and accuracy. The following terms apply to the calibration, checking and accuracy of every instrument in the equipment:
(a) Calibrated at dispatch. The owner confirms that before dispatch it carried out, for each instrument in the equipment — every total station, laser scanner, GNSS receiver, level and hydrographic or echo-sounding instrument — the pre-dispatch checks the manufacturer’s procedures specify for that type of instrument (its on-board check-and-adjust routine where it has one, otherwise the manufacturer’s functional check), adjusted it where those procedures provide for adjustment, and that on those checks the instrument was operating within the manufacturer’s stated specification. On request the owner will give the hirer the dates and results of those checks and a copy of the most recent manufacturer’s or authorised service centre’s calibration or service certificate and any EDM baseline or GNSS verification report it holds for the instrument. Unless such a certificate or report says so, the owner does not represent that an instrument has been calibrated by a laboratory or verified on a certified EDM baseline. A check describes the instrument’s state when it was made; the owner does not promise that state will continue after the instrument leaves its control, and nothing in this clause relieves the hirer of any obligation under the Surveying and Spatial Information Act 2002 (NSW), the Surveyor-General’s Directions or any equivalent law where the hirer works.
(b) Adjustment can change after dispatch. The hirer acknowledges that transport, handling, knocks, temperature change and ordinary use can alter an instrument’s adjustment after dispatch; that the owner has no control over those events or over the hirer’s field procedures; and that the accuracy of any survey depends on the checks, set-up, control, datum, correction sources and procedures chosen by the person using the instrument.
(c) Checks before use and after transport. On receipt, before the first use on any day, before high-precision work, after any transport between sites, knock, drop or fall, after a large temperature change or a firmware update, and whenever the manufacturer recommends it, the hirer must carry out each instrument’s own on-board calibration and check routines and the field checks below, together with any further check its own quality system requires: for a total station, the compensator, horizontal collimation, vertical index and tilting-axis checks (and the ATR collimation where fitted), an EDM check against a known distance, and confirmation of the prism constant set in the instrument; for a laser scanner, any self-check the scanner provides, a scan against known control or an independently measured distance, and a review of the registration residuals before the data is relied on; for a GNSS receiver, a check on a known mark in the working datum and confirmation of the antenna type, antenna offset and pole height set in the controller; for a level, a two-peg test and a check of any staff supplied; and for hydrographic or echo-sounding equipment, a bar check or measured sound-velocity correction, confirmation of the transducer draft and sensor offsets, a positioning check of the vessel’s GNSS against a known mark, any heading or motion-sensor calibration the system provides, a patch test where the system is multibeam, and a comparison against an independently measured depth. A result outside the manufacturer’s limits on receipt must be reported under paragraph (d) before use and within two business days of receipt; a hirer who does not report one accepts that, so far as those checks could show, the instrument was within specification when dispatched, subject to clause 10.3. The hirer must keep a record of every check, including the values found on receipt, until 12 months after the equipment is returned, and must give the owner a copy within seven days of a request.
(d) Stop and report. The hirer must not use an instrument it knows or suspects has been knocked, dropped or is out of calibration, or which fails a check — that is, returns a value outside the manufacturer’s stated limits that the instrument’s own routine cannot bring back within them — and must report any such event to the owner at once so that the owner can repair, replace or collect the instrument under clause 5.6, which also governs the hire charges while it is out of service.
(e) Responsibility, release and indemnity. The hirer is solely responsible for verifying the calibration, adjustment and set-up of each instrument before relying on it, for its control, datum, corrections, field procedures and processing, and for the survey results and deliverables it produces with the equipment. To the full extent permitted by law, and whether or not the owner or a released person was negligent, the hirer releases the owner and each of its directors, officers, employees, contractors and agents (each a released person) from all liability for, and indemnifies each released person against, every claim, loss, damage, cost, expense, rework and delay (including the cost of re-doing survey work, any amount the hirer must pay its own client and any third-party claim) arising, during or after the hire period, out of: (i) any drift, misadjustment, knock, drop or other change in an instrument’s adjustment or calibration after dispatch; (ii) the hirer’s set-up, control, field procedures or processing, or its reliance on the equipment or on measurements, data or results derived from it; or (iii) any calibration error or misadjustment present in an instrument at dispatch that the checks in paragraph (c), properly performed, could reasonably have been expected to detect or correct. For a calibration error present at dispatch that those checks could not reasonably have detected, the owner’s liability is limited, at its option, to repairing, recalibrating or replacing the instrument and crediting the hire charges for it from receipt until it is repaired or replaced, together with any remedy the Australian Consumer Law preserves. The owner holds the benefit of this paragraph on trust for each other released person.
(f) Calibration acknowledgement. The owner will not dispatch a total station, laser scanner or hydrographic instrument until the hirer has accepted the calibration acknowledgement in the schedule, by initialling it or by electronic acceptance in the owner’s hire system. The acknowledgement records the hirer’s agreement to this clause 5.8, which binds the hirer for every hire whether or not it has been accepted.
(g) Australian Consumer Law. Nothing in this clause 5.8 excludes, restricts or modifies any guarantee under the Australian Consumer Law that cannot be excluded, or any right the hirer has under clause 10.3, which prevails over this clause to the extent of any inconsistency; clause 10.4 (excluded loss) also applies. This clause 5.8 prevails over clause 10.5 to the extent of any inconsistency about instrument calibration and checks.
5.9 The 12d Model dongle and the software on any tablet may be used only with the equipment supplied and in accordance with the software licensor’s terms; the hirer must not copy, transfer or attempt to circumvent any licence.
6.1 Only an authorised driver may drive a vehicle. Every authorised driver must hold a current full (unrestricted) Australian driver licence of the correct class, or meet the owner’s rule for overseas licence holders stated in the declaration; must be within the permitted driver ages and meet the minimum licence period stated in the declaration; must not have had a licence cancelled, suspended or disqualified within the period stated in the declaration; and must not be a learner or provisional licence holder.
6.2 Before a vehicle is released the hirer must give the owner each driver’s full name, licence number, state or country of issue, years licensed and age, and a copy of the front and back of the licence. The owner will sight each licence and record who checked it and when; no vehicle leaves without that check. The hirer must give the same details and obtain the owner’s written approval before any additional person drives, and the owner may refuse any driver without giving reasons.
6.3 The hirer must ensure that no vehicle is driven:
(a) by a driver whose blood or breath alcohol concentration exceeds the legal limit, or who is under the influence of any drug, or who is fatigued or otherwise unfit to drive;
(b) in breach of the road rules, including the rules on seat belts, mobile phones and speed;
(c) for hire or reward, to carry passengers for payment, or for any illegal purpose;
(d) with more passengers than there are seat belts, or with any animal without the owner’s consent;
(e) in any race, test, competition or driver training; or
(f) by anyone who is not an authorised driver.
6.4 A vehicle may be used only for the hirer’s survey work, on the sites the hirer has told the owner about, and only as the declaration permits. On a mine site the vehicle goes no further than the mine-site carpark and the equipment is carried from there; neither the declaration nor the owner’s consent changes that. Unless the declaration or the owner’s written consent permits it, the vehicle must not be:
(a) driven off-road, on unsealed roads, on beaches, sand, creek beds or through water;
(b) taken onto construction sites;
(c) taken outside New South Wales;
(d) used for towing, and any towing that is permitted must use the owner’s towing equipment, within the vehicle’s rated capacity; or
(e) loaded beyond its rated payload or roof-load limit.
6.5 The hirer must keep the vehicle fuelled with the correct fuel, check oil, coolant, AdBlue and tyre pressures weekly and before any long trip, respond to every warning light and unusual noise by stopping and notifying the owner, and present the vehicle for scheduled servicing when the owner asks (the owner arranges the service and, where practicable, a replacement vehicle).
6.6 Damage to tyres, windscreen and glass, underbody, roof and overhead, water ingress, misfuelling and interior damage are often excluded by motor insurance; the hirer is liable for the full cost of such damage.
6.7 The hirer is liable for every toll, parking fine, traffic or camera infringement and impound fee incurred while the vehicle is on hire, whenever the notice is received. The hirer authorises the owner to nominate the hirer or the driver to the issuing authority, must give the owner the driver’s details within seven days of a request so that the owner can do so, and must pay any administration fee the owner incurs.
6.8 The hirer must lock the vehicle and secure the keys whenever it is unattended, must not leave the keys in or on the vehicle, and must park it in a secure location overnight where one is available. If a vehicle is stolen the hirer must report the theft to the police immediately, give the owner the police event number, and assist in its recovery.
6.9 Vehicles may be fitted with a GPS tracking device that records their location and use. The hirer consents, for itself and on behalf of every driver, to that data being recorded and used for the security and recovery of the vehicle, for safety, for insurance purposes and to enforce this Agreement, and must tell its drivers that the vehicle is tracked. The hirer must not disable, remove or interfere with a tracking device.
6.10 The vehicle remains registered in the owner’s name and its registration papers stay with it. The odometer reading is recorded at handover and on return and the vehicle must not be driven with the odometer disconnected or altered.
7.1 Risk in the equipment passes to the hirer when the equipment leaves the owner’s possession and stays with the hirer until the owner has received the equipment back and accepted it. During that time the hirer is liable for all loss of and damage to the equipment (other than fair wear and tear) however it occurs — collision, theft, unexplained disappearance, fire, flood, storm, vandalism and damage by third parties included — whether or not the hirer is at fault, subject only to clause 8.4 where the owner’s insurance responds to the loss.
7.2 The hirer must pay the owner’s reasonable cost of repair or, where an item is lost, stolen, destroyed or beyond economic repair, its replacement value; the hire charges for the period the item is off hire for repair or replacement, up to eight weeks; and the owner’s reasonable costs of assessment, recovery, towing, storage and administration. The replacement value of the total station and of the whole schedule are stated in the schedule.
7.3 Whether and how the equipment was damaged during the hire is determined against the condition record. The owner’s assessment, supported by photographs and a repairer’s quote or invoice, is evidence of the damage and its cost unless the hirer shows otherwise.
7.4 Within 24 hours of any loss, theft, damage, accident, breakdown, seizure or attempted theft involving the equipment the hirer must notify the owner and give it every detail it has: what happened, when and where, the other parties and witnesses, photographs, and — for theft, vandalism, a collision or an injury — the police event number. The hirer must not admit liability, settle any claim or arrange any repair without the owner’s written consent.
7.5 At an accident the driver must stop, render assistance, exchange names, addresses, licence and registration details with every other party, take photographs, and not admit fault. The hirer must complete the owner’s incident report within 48 hours, make the driver available, give the owner every notice, letter and claim it receives, and permit the owner or its insurer to bring, defend or settle any proceedings in the hirer’s or the driver’s name at the owner’s or the insurer’s cost.
7.6 After a theft the hirer remains liable for the equipment until it is recovered in the condition it left, and must assist the owner, the police and the insurer to recover it.
8.1 The owner keeps the vehicles insured under its fleet motor policy and its survey equipment insured under its equipment policy to the extent it chooses. This does not limit the hirer’s obligations or liabilities under this Agreement.
8.2 TOTAL STATION AND OTHER SURVEY EQUIPMENT. Before the equipment is dispatched, the hirer must list the total station (and any GNSS receiver) on its own insurance policy, recording the brand, model, instrument type and serial number exactly as set out in the schedule, and must record that ELITE SURVEY EQUIPMENT PTY LTD (ABN 82 627 069 809) has a registered interest in that item as owner. No replacement value need be nominated by the hirer unless its insurer requires one, in which case it must be not less than the replacement value stated in the schedule; it is sufficient that the instrument is listed by serial number and that the owner’s registered interest is noted.
8.3 VEHICLE. The vehicle remains insured under the owner’s fleet motor policy. The hirer must not arrange separate comprehensive cover over the vehicle without the owner’s written consent. The hirer must comply with every condition of the owner’s policy, which the owner will provide on request. Cover under that policy applies only while the vehicle is used in accordance with this Agreement and the declaration and driven by an authorised driver.
8.4 EXCESS. The hirer is liable to the owner for the full policy excess on any claim arising during the hire period, whether or not the hirer is at fault and whether or not the claim is ultimately paid. This includes the basic excess and any additional age excess or inexperienced-driver excess that applies because of the age or driving experience of the person driving at the time. The applicable excess amounts are those stated in the schedule or the declaration or, if none is stated, the excesses under the owner’s policy at the time of the claim, which the owner will disclose on request. The excess is payable on demand and the owner may deduct it from the bond.
8.5 WHEN THE EXCESS DOES NOT LIMIT LIABILITY. The hirer is liable for the whole of the owner’s loss, not only the excess, if the loss arises from, or the owner’s insurer declines or reduces a claim because of:
(a) a breach of this Agreement or of the declaration;
(b) a driver who was not an authorised driver, or who did not hold a valid licence of the correct class;
(c) alcohol, drugs, fatigue or a driver’s unfitness to drive;
(d) use for a purpose, on a surface, at a site or in a place that clause 6 or the declaration does not permit, or outside New South Wales without permission;
(e) overloading, towing beyond the rated capacity, misuse, or reckless, wilful or malicious conduct;
(f) theft or loss where the vehicle was left unlocked or with the keys accessible, or where equipment was left in a vehicle or unattended contrary to clause 5.4, or unexplained disappearance;
(g) a failure to report an incident or to cooperate with the owner or its insurer under clause 7;
(h) damage of a kind the policy excludes — tyres, windscreen and glass, underbody, roof and overhead, water ingress, misfuelling, interior damage, and loss of tools and accessories; or
(i) a sub-hire or any dealing with the equipment contrary to clause 11.
8.6 CLAIMS CONSEQUENCES. In addition to the excess, the hirer must reimburse the owner for any increase in the owner’s insurance premium, and any loss of no-claims entitlement, directly attributable to a claim arising during the hire period.
8.7 CERTIFICATE OF CURRENCY. The hirer must provide a Certificate of Currency evidencing compliance with clause 8.2 before dispatch. The owner is not obliged to release the equipment until it is received, and any delay in providing it does not postpone the commencement of the hire period.
8.8 12d MODEL DONGLE. The 12d Model dongle is not insurable in the manner described in clause 8.2. If the dongle is lost, stolen, damaged or not returned, the hirer must pay the owner the 12d Dongle Replacement Fee stated in the schedule, together with any reissue or transfer charge levied by 12d Solutions Pty Ltd. That amount is payable on demand and is not reduced by any insurance recovery.
8.9 GUARANTEE IN LIEU. Where the hirer’s insurer will not extend cover to equipment the hirer does not own, the hirer must instead provide a written guarantee, signed by a director, to pay the owner for the loss of or damage to that item. The owner may require a director’s personal guarantee, a bank guarantee or a bond before releasing the equipment.
8.10 SHORTFALL. The hirer is responsible for any shortfall between the amount recovered from an insurer and the owner’s loss, and for any amount an insurer recovers from the owner in respect of the hire.
9.1 Where the schedule includes a vehicle, or the owner otherwise requires it, the hirer must provide a bond of the amount stated in the declaration before the equipment is released, by the option the hirer selects in the declaration: Option A, the bond charged to the hirer’s card at signing and refunded on return; or Option B, a card authority under which the owner charges the card only if an amount falls due. If no option is selected, Option A applies. The bond terms in the declaration form part of this clause.
9.2 The owner may apply the bond to any amount the hirer owes under this Agreement — the excess, damage, missing items, fuel, cleaning, tolls, infringements and administration fees, late-return and unpaid hire charges — and will give the hirer an itemised statement, with photographs where relevant, of every deduction.
9.3 Under Option A the owner refunds the bond, less any deduction, to the card it was paid from within seven days of the equipment being returned in accordance with clause 4. Under Option B the owner charges the card as amounts fall due and notifies the hirer with the statement; a declined charge remains payable.
9.4 The bond is not a limit on the hirer’s liability. If the bond is applied during the hire the hirer must restore it on request before the equipment is released again or the hire continues.
10.1 To the full extent permitted by law the hirer releases and indemnifies the owner, its directors and employees against every claim, loss, damage, cost and expense (including reasonable legal costs) arising from the hirer’s possession, use, operation, transport or storage of the equipment, from the acts or omissions of its personnel and drivers, or from a breach of this Agreement — including claims by the hirer’s personnel and by third parties for injury, death or damage to property — except to the extent caused by the owner’s negligence or breach of this Agreement.
10.2 The hirer assumes all risks and liabilities for the equipment and for all injury to or death of persons and damage to property arising from the hirer’s possession, use, maintenance, repair or storage of the equipment during the hire period.
10.3 Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot be excluded. To the extent permitted by law the owner’s liability for a failure to comply with such a guarantee is limited, at the owner’s option, to the repair or replacement of the equipment, the supply of equivalent equipment, or the cost of doing so, or for services to supplying the services again or the cost of doing so.
10.4 To the extent permitted by law the owner is not liable to the hirer or any third party for loss of profit, revenue, contract, business or data, for delay, for the cost of re-doing survey work, or for any indirect or consequential loss, however arising, even if the owner has been told of the possibility of that loss.
10.5 The hirer has inspected the equipment, or had the opportunity to, and is satisfied that it complies with its description, is in good working order and is suitable for the hirer’s purpose. The hirer is responsible for its own instrument checks and calibration verification, for the correct set-up and use of the equipment, and for the accuracy of its survey results.
10.6 The owner will use reasonable endeavours to deliver the equipment at the time requested but is not liable for late delivery or non-delivery; the hirer’s remedy is to cancel the hire without charge.
11.1 The owner retains title to the equipment at all times. The hirer holds it as bailee only and acquires no right, title or interest in it beyond the right to use it under this Agreement, and no equity or credit in connection with it.
11.2 The hirer must not sell, assign, sub-let, lend, hire out, pledge, mortgage, charge, give as security, part with possession of, conceal, alter or otherwise deal with the equipment, and must not allow any lien, charge, security interest or other encumbrance to arise over it. The hirer must not allow the equipment to become a fixture or an accession to any land or other goods.
11.3 The hirer may sub-hire the equipment only with the owner’s prior written consent, given in the owner’s absolute discretion. Any permitted sub-hire must be in writing in a form the owner accepts, expressed to be subject to the owner’s rights under this Agreement, and must not be varied without the owner’s written consent. The hirer must keep the owner informed of the sub-hirer’s identity, the terms and state of payment of the sub-hire, and the location and condition of the equipment; must take every step, including registration under the PPS Law, needed to make any security interest arising from the sub-hire enforceable and perfected with first priority (subject always to the owner’s rights); and remains liable to the owner for the equipment and for the sub-hirer’s acts and omissions.
11.4 If the equipment is seized, distrained, made the subject of a claim by a landlord, financier, liquidator, administrator or other third party, or is at risk of any of these, the hirer must notify the owner immediately, tell the third party that the equipment belongs to the owner, and take no step that would prejudice the owner’s title. The equipment does not form part of the hirer’s property in any insolvency.
11.5 This Agreement may create a security interest in the equipment in favour of the owner under the PPS Law (including as a PPS lease). The owner may register its interest on the Personal Property Securities Register, including by serial number for vehicles and other serial-numbered goods. The hirer must do anything the owner reasonably requires (giving information, obtaining consents, signing documents) to enable the owner to register, perfect and maintain that interest with first priority, and must pay the owner’s costs of doing so, including registration fees.
11.6 To the extent permitted by the PPS Law: the hirer waives its right to receive a verification statement under section 157 in respect of any registration; the parties agree that neither of them will disclose information of the kind referred to in section 275(1), and the hirer must do everything needed on its part to keep section 275(6)(a) applying; and, for the purposes of section 115(1), the parties contract out of every provision listed in that section that the PPS Law allows them to contract out of, so that the owner need not give any notice or account, or allow any period, that Chapter 4 would otherwise require, and may seize, retain, deal with and dispose of the equipment by any means it sees fit.
11.7 The owner’s rights under this Agreement are in addition to, and not in substitution for, its rights under the PPS Law and any other law, and the owner may choose which of them to exercise.
12.1 The hirer warrants that:
(a) the person signing the schedule is authorised to bind the hirer, and the hirer’s name, ABN or ACN and address in the schedule are correct;
(b) every particular in the schedule and the declaration is true, complete and not misleading, including by omission;
(c) the hirer is solvent and able to pay the charges and every other amount that may become due;
(d) the hirer holds, and its personnel hold, every licence, permit and qualification required to use the equipment and to drive the vehicle;
(e) the equipment will be used only in accordance with the conditions in the schedule and the declaration, and never for an illegal purpose;
(f) where the hirer transports the equipment in its own vehicle, that vehicle is suitable for transporting it securely;
(g) the hirer will not modify, or permit the modification of, the equipment without the owner’s written consent; and
(h) the hirer will tell the owner within seven days of any change to its contact details, its nominated drivers, the sites where the equipment is used, its insurance or its ability to meet these warranties.
12.2 Before its first hire the hirer must give the owner its ABN or ACN, its registered and business addresses, an office telephone number in addition to any mobile number, identification of the signatory, and a card for the bond. The owner may verify identity, obtain credit references, search the Personal Property Securities Register and keep copies of what it receives.
12.3 The owner keeps a record of each vehicle’s registration, make, model, colour, VIN, engine number, plant number, markings and tracking devices, and may give that record, this Agreement and the hirer’s and drivers’ details to the police, its insurer and any recovery agent if the equipment is stolen or not returned.
13.1 The hirer is in default if:
(a) any amount is unpaid seven days after its due date;
(b) the hirer breaches this Agreement and does not remedy the breach within seven days of the owner’s written notice, or the breach cannot be remedied or endangers any person or the equipment;
(c) the hirer becomes insolvent, has an administrator, receiver, controller or liquidator appointed, makes an arrangement with its creditors, ceases to carry on business, or (being an individual) becomes bankrupt;
(d) any information the hirer gave the owner proves false or misleading;
(e) the equipment is used contrary to the declaration or in a way that would void the owner’s insurance, or is seized, at risk, or in the possession of a person the owner has not approved; or
(f) the owner’s insurer requires the vehicle to be recalled.
13.2 On default the owner may, without prejudice to its other rights:
(a) terminate this Agreement or any hire by written notice, and demand the immediate return of the equipment;
(b) retake possession of the equipment, and the hirer authorises the owner and its agents to enter any premises where the equipment is kept at any reasonable time to do so, doing no more damage than necessary, and to use tracking data to locate it;
(c) suspend or cancel any other hire or booking; and
(d) recover from the hirer the hire charges to the date of repossession, the cost of repossession, recovery, transport, repair and cleaning, and — for a fixed hire period ended by the hirer’s default — the lesser of the charges for the balance of the period and the owner’s actual loss after taking reasonable steps to re-hire the equipment.
13.3 Either party may end an ongoing hire on seven days’ written notice under clause 2.2; the hirer may also end an ongoing hire by returning the equipment in accordance with clause 4.
13.4 In addition to clause 13.3, the owner may end this Agreement or any hire — whether for a fixed period or ongoing — by giving the hirer not less than seven days’ written notice, without needing to establish a default under clause 13.1. On the expiry of that notice the hirer must return the equipment in accordance with clause 4. The owner will refund any hire charges paid in advance for the period after the equipment is actually returned, and this clause does not entitle the hirer to any other compensation for the early end of the hire.
13.5 If the owner’s insurer withdraws, conditions or declines to extend cover for a vehicle while it is on hire, the owner may recall the vehicle on 48 hours’ notice and will refund any prepaid charges for the period after its return.
13.6 Termination does not affect any right or liability accrued before it. Clauses 3, 7 to 11 and 14 to 16 survive the end of any hire and of this Agreement.
14.1 The owner collects personal information about the hirer’s personnel and drivers — names, dates of birth, licence details and copies, contact details, signatures, and the location and use data recorded by vehicle tracking devices — and payment card details are collected by the owner’s payment providers on its behalf. The owner uses that information to assess and manage the hire, verify drivers, arrange insurance and claims, nominate drivers for tolls and infringements, recover the equipment and amounts due, register its interest on the Personal Property Securities Register and check credit.
14.2 The owner may disclose that information to its insurer and broker, repairers, the police, toll operators and enforcement agencies, courts, debt-recovery agents and the service providers that host its systems (including its hosting, email, payment and accounting providers, some of which store data outside Australia). The owner handles personal information in accordance with the Privacy Act 1988 (Cth); its privacy policy is available on request. The hirer must ensure that its personnel and drivers are told of, and agree to, this collection, use and disclosure before their details are given to the owner.
15.1 This Agreement — these terms, each schedule, the declaration and the condition record — is the entire agreement between the parties for each hire. Terms on the hirer’s purchase order or other document do not apply. It may be varied only in writing signed (including electronically) by both parties.
15.2 A notice under this Agreement must be in writing to the address or email address in the schedule (or later notified). A notice sent by email is taken to be received when it is sent, unless the sender receives a delivery failure.
15.3 A waiver of any right must be in writing; a failure or delay in exercising a right is not a waiver. If any provision is invalid or unenforceable it is severed, or read down to the extent needed, and the rest of this Agreement is unaffected. Obligations that by their nature continue after the end of a hire survive it.
15.4 The owner may assign or novate its rights under this Agreement, including to a financier, on notice to the hirer. The hirer may not assign or novate any right or obligation without the owner’s written consent.
15.5 This Agreement may be signed electronically, including in the owner’s hire system, and in counterparts. The hirer consents to signing, and to giving and receiving notices and documents under this Agreement, electronically. The owner’s hire system records who signed, when, from where and against which version of the document, and that record, with the certificate of completion it produces, is evidence of execution.
15.6 Nothing in this Agreement is intended to be an unfair term for the purposes of the Australian Consumer Law. If the hirer is a consumer or a small business for those purposes, any term that would otherwise be unfair is read down to the extent needed to be fair.
15.7 This Agreement is governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.
15.8 A party with a dispute under this Agreement (other than a claim for payment of charges or for the return of the equipment, or an application for urgent relief) must notify the other in writing; senior representatives of the parties must meet within seven days to try to resolve it; and if they cannot, the parties must attempt mediation with a mediator agreed between them or, failing agreement, appointed by the Resolution Institute, before commencing proceedings.
16.1 This clause applies only where the schedule states that a damage waiver fee is payable for that hire. Where no damage waiver fee is stated in the schedule, this clause has no effect and clauses 7, 8 and 9 govern in full.
16.2 Upon payment by the hirer of the damage waiver fee stated in the schedule, and subject to clauses 16.3 and 16.4, the owner waives its right under clause 7 to recover from the hirer the reasonable cost of repair or replacement of the equipment for accidental damage occurring during the hire period.
16.3 Clause 16.2 does not apply to, and the hirer remains fully liable under clause 7 for, any loss or damage arising from:
(a) a breach of this Agreement or the declaration;
(b) use contrary to clause 5 or 6;
(c) theft or loss where the equipment or vehicle was left unsecured contrary to clause 5.4 or 6.8, or from unexplained disappearance;
(d) any of the matters listed in clause 8.5; or
(e) loss, theft or damage to the 12d Model dongle, which is dealt with exclusively under clause 8.8 and is never covered by a damage waiver fee.
16.4 The damage waiver fee does not reduce the hirer’s liability for the excess under clause 8.4, which remains payable in full, unless the schedule expressly states that the fee replaces the excess.
16.5 The damage waiver fee is calculated for, and non-refundable once, the hire period stated in the schedule has commenced, and ceases to apply at the end of that period unless the owner agrees in writing to extend it on payment of a further fee.
17.1 In this Agreement, unless the context otherwise requires:
(a) a reference to the singular includes the plural and vice versa;
(b) a reference to a party includes the party’s executors, administrators, successors and permitted assigns, and where applicable its servants and agents;
(c) a reference to an individual includes a corporation and vice versa;
(d) if a word or expression is defined, its other grammatical forms have a corresponding meaning;
(e) “including” and similar words are not words of limitation;
(f) a reference to a clause is to a clause of these terms, and headings are for convenience only;
(g) amounts are in Australian dollars, and a business day is a day other than a Saturday, Sunday or public holiday in New South Wales; and
(h) if these terms and a schedule are inconsistent, the schedule prevails for that hire only where it says so expressly.
ES-F-074 terms and conditions, Issue 7 - 17 October 2026.