MSR Equipment Pty Ltd | ABN: 84 670 885 980 | booking@msrequip.com.au  ·  0427 862 085 | Equipment Hire Agreement — Terms and Conditions of Hire

These terms form a legally binding contract between MSR Equipment Pty Ltd ("Owner" / "MSRE Equipment") and the person or entity identified as the Hirer. By ticking the acceptance box and clicking "I Agree & Accept These Terms", the Hirer confirms they have read, understood, and agree to be bound by all of the following terms in their entirety. These terms apply to the exclusion of any other conditions proposed by the Hirer unless otherwise agreed in writing. Where any conflict exists between these terms and any document submitted by the Hirer, these terms shall prevail. The Hirer acknowledges that these terms have been available for review prior to entering this Agreement and that the Owner has not provided any oral representations that are inconsistent with these written terms.

1   Interpretation
1.1  "Equipment" means all items in the Schedule, including trailers, vehicles, plant, machinery, attachments, and accessories supplied.
1.2  "Hire Period" means the period commencing when the Equipment leaves the Owner's depot until it is returned and accepted in writing by the Owner.
1.3  "Schedule" means Sections A–F of the Hire Agreement detailing the specific Equipment, rates, hire particulars, authorised operators, site details, and condition report requirements.
1.4  "Security Deposit" means the amount specified in the Schedule payable before delivery.
1.5  "Pre-Authorisation Hold" means the AU$2,500.00 reservation placed on the Hirer's nominated payment method as a damage security deposit.
1.6  "Site" means the location where the Equipment is to be used as specified in the Schedule.
1.7  "Commencement" means the date when the Hirer takes possession of the Equipment.
1.8  "Hire Charge" means the amounts shown in the Schedule, exclusive of GST, payable by the Hirer to hire the Equipment.
1.9  "Condition Report" means the Equipment Condition Inspection Report referred to in the Schedule and governed by Clause 5.
1.10  "Authorised Operator" means a person over 25 years of age who holds all licences, tickets, and qualifications required by law and by the Owner to operate the relevant Equipment, and who has been nominated in the Schedule.
1.11  "Permitted Use" means use of the Equipment strictly for its intended commercial or domestic purpose on sealed or approved surfaces, within rated capacities, and in accordance with the manufacturer's guidelines and all applicable law.
1.12  "Qualified Licence" means a current, valid Australian licence, ticket, high-risk work licence, or certificate of competency issued by the relevant authority required to lawfully operate the specific Equipment class.

2   Hire Period & Rates
2.1  The Hire Period commences when the Equipment leaves the Owner’s depot and ends when it is returned and accepted in writing by the Owner. Risk passes to the Hirer at commencement and remains with the Hirer until written acceptance at return.
2.2  Daily hire rates apply for hires up to 24 hours. Weekly rates apply for 5 or more consecutive days. Monthly rates may be available upon request.
2.3  Minimum hire period is one (1) day. Part days are charged as full days.
2.4  All rates are exclusive of GST and exclude delivery, collection, fuel, insurance, and any other additional charges unless expressly stated in writing.
2.5  The Hire Period may only be extended upon written request and written approval of MSRE Equipment. Full payment of all outstanding hire charges must be received before any extension is accepted.
2.6  MSRE Equipment may issue an amended Schedule for any further Hire Period and may require the Hirer to sign the amended Schedule prior to commencement.
2.7  If the Equipment is not returned by the agreed end of the Hire Period, hire charges will continue to accrue at the daily rate (or the higher casual rate if applicable) until the Equipment is returned and accepted. MSRE Equipment reserves the right to recover the Equipment at the Hirer’s cost without further notice.

3   Payment Terms
3.1  A Security Deposit is required before Equipment delivery or collection. The amount is specified in the Schedule.
3.2  Full payment of all hire charges (including GST) is due prior to collection or delivery. No extension of hire will be accepted until all outstanding charges are paid in full. Interest on overdue amounts: 15% per month, calculated daily, on all amounts overdue.
3.3  The Owner may charge interest on overdue amounts at the rate of 15% per month, calculated daily.
3.4  Failure to make timely payment may result in suspension of future hire services and/or termination of this Agreement.
3.5  The Hirer authorises MSRE Equipment to charge any amounts owing to any credit card or account details provided, including all amounts arising from damage, loss, theft, extended hire, cleaning, or enforcement costs.
3.6  The Hirer is liable for all costs including stamp duties, GST, other taxes, tolls, fines, penalties, levies, and any legal costs (including commission payable to a commercial agent) incurred by MSRE Equipment in enforcing this Agreement.
3.7  MSRE Equipment reserves the right to charge a dishonour fee of AU$55.00 for any failed payment transaction (including failed direct debit, declined card, or reversed payment).
3.8  Where the Hirer is a company or trust, the person signing this Agreement personally and unconditionally guarantees all financial obligations of the Hirer under this Agreement.

4   Hirer’s Responsibilities
4.1  Operate the Equipment safely, competently, and strictly in accordance with the manufacturer’s operating guidelines and all applicable laws and regulations.
4.2  Ensure all operators are over 25 years of age, are Authorised Operators, hold all required Qualified Licences (including any high-risk work licences under the Work Health and Safety Act 2011 (Cth) or equivalent state legislation), and have at least 2 years of practical experience for the relevant equipment class. The Hirer must provide copies of all licences and tickets to MSRE Equipment upon request and prior to commencement.
4.3  Conduct daily pre-start inspections, complete any supplied logbooks, and immediately report any defects, damage, or unsafe conditions to the Owner.
4.4  Maintain the Equipment in good condition, keep it clean, and protect it from theft, vandalism, and weather when not in use.
4.5  Use the Equipment only for its Permitted Use and within its design and rated capacities.
4.6  Not sub-lease, loan, or allow any unauthorised person to use the Equipment without the prior written consent of MSRE Equipment.
4.7  Return the Equipment to the Owner’s premises by the agreed time, in the same condition as received, fair wear and tear excepted.
4.8  Pay for all fuel, oils, grease, and consumables used. Equipment must be returned with a full fuel tank. If not returned full, the cost of refilling will be charged at $4.00 per litre plus a $35.00 administration fee.
4.9  Ensure correct strapping, tie-down, and securing of Equipment during transport in strict accordance with the operator’s manual and all applicable road transport laws. The Hirer is solely responsible for any damage, loss, or injury arising from inadequate securing during transport.
4.10  Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws and any Site-specific induction requirements.
4.11  Safely secure all items loaded in or on the Equipment and/or in or on the Hirer’s vehicle when transporting, and indemnify MSRE Equipment in respect of any injury or damage caused by items falling.
4.12  Report and provide full details to MSRE Equipment of any accident or damage to the Equipment within 2 business days. Failure to report within this period will void any applicable Damage Waiver and render the Hirer fully liable.
4.13  Ensure that any person collecting or taking delivery of Equipment on behalf of the Hirer is authorised in writing. MSRE Equipment reserves the right to request written proof of such authorisation and to refuse release of Equipment if such proof is not provided.
4.14  Obtain and maintain adequate public liability insurance (minimum $20,000,000) and, where applicable, workers’ compensation insurance prior to the commencement of the Hire Period, and present current certificates of currency upon request. Failure to maintain the required insurances constitutes a material breach of this Agreement.
4.15  Where the Equipment is used by the Hirer’s employees or contractors, the Hirer is responsible for ensuring all such persons hold the required Qualified Licences, and the Hirer remains solely liable for any injury, damage, or liability arising from their use of the Equipment.
The Hirer must NOT:
4.16  Tamper with, modify, or damage the Equipment.
4.17  Conduct any repair without prior written consent of MSRE Equipment.
4.18  Allow any person to operate the Equipment if affected by drugs or alcohol. MSRE Equipment expressly excludes all liability where the operator is found to be under the influence of any drug or alcohol at the time of an incident.
4.19  Exceed recommended or legal load and capacity limits.
4.20  Use or carry any illegal, prohibited, or dangerous substance in or on the Equipment.
4.21  Allow any person under the age of 18 years to operate the Equipment.
4.22  Exceed the recommended or legal speed limit for the Equipment.
4.23  Operate the Equipment on unsealed, unstable, or non-public roads, in water depths exceeding the manufacturer’s specifications, or in any environment for which the Equipment is not rated, without prior written consent from MSRE Equipment.
4.24  Use the Equipment outside the nominated Site as specified in the Schedule without prior written approval from MSRE Equipment.

5   Equipment Condition Report
An Equipment Condition Inspection Report must be completed by the Hirer prior to the Equipment being operated. The Equipment will not be activated or released for use until MSRE Equipment has received a completed and confirmed Condition Report.
5.1  Completion and submission of the Condition Report is a condition precedent to the commencement of the Hire Period.
5.2  The Hirer must thoroughly inspect the Equipment upon collection or delivery and independently photograph and document its condition with visible date and time stamps.
5.3  If the Hirer fails to complete the Condition Report, or fails to provide timestamped photographic evidence, MSRE Equipment’s photographs will be deemed accurate and binding in any damage claim or dispute.
5.4  Any damage not recorded on the Condition Report at commencement will be presumed to have occurred during the Hire Period and the Hirer will be held fully liable.
5.5  The Hirer’s submission of the Condition Report constitutes a representation that the Hirer has personally inspected the Equipment, that the information is accurate, and that the Hirer accepts the Equipment in its documented condition.
5.6  Any deliberate omission or misrepresentation of existing damage will void any applicable Damage Waiver and render the Hirer fully liable for all damage costs.
5.7  MSRE Equipment’s condition photographs taken at time of collection and return will constitute prima facie evidence of the Equipment’s condition. The Hirer bears the onus of proving that any damage existed prior to the commencement of the Hire Period.

6   Damage, Loss & Theft
6.1  The Hirer is responsible for all loss of or damage to the Equipment (including theft) from the time it leaves the Owner’s depot until it is returned and accepted in writing, regardless of fault or cause.
6.2  Any damage, loss, or theft must be reported to the Owner immediately, and in all cases within 2 hours of the incident occurring. The Hirer will be charged for all repair costs, replacement costs, and loss of revenue while the Equipment is unavailable for hire. Loss of revenue will be calculated at the standard daily hire rate.
6.3  An optional damage waiver may be available at a fee of 12.5% of the hire cost. The Damage Waiver Excess is the actual recovery and repair cost, or 20% of the current replacement cost, whichever is lesser. The waiver does not cover damage from misuse, overloading, negligence, or breaches of this Agreement.
Damage Waiver does NOT apply where:
(a) The Equipment is lost or stolen;
(b) The operator is not a Qualified Licence holder or Authorised Operator;
(c) The operator is affected by drugs or alcohol;
(d) The Equipment has been wilfully damaged;
(e) Damage is caused by collision with a bridge, carpark, awning, gutter, tree, or other structure due to insufficient clearance;
(f) Damage is caused on unsealed or non-public roads;
(g) Damage is caused by overloading;
(h) The Hirer has failed to complete the Condition Report;
(i) The Hirer failed to report the damage or incident within the required timeframe;
(j) The Equipment is used outside the nominated Site without prior written approval;
(k) The Hirer is in breach of any term of this Agreement at the time of loss or damage.
6.4  In the event of theft, the Hirer must lodge a police report within 4 hours of discovering the theft and provide MSRE Equipment with the police event number and a full written account within 24 hours. Failure to comply will render the Hirer fully liable for the replacement value of the Equipment.
6.5  MSRE Equipment reserves the right to engage its own repairer or assessor to determine the extent and cost of damage. The Hirer may not engage their own repairer without prior written consent from MSRE Equipment.

7   Pre-Authorisation Hold & Damage Deposit
Standard Pre-Authorisation Hold: AU$2,500.00 — Placed at the time of equipment collection. Released within 3–5 business days upon satisfactory return.
7.1  A Security Deposit as specified in the Schedule is required before Equipment delivery or collection and will be held as security for the Hirer’s obligations.
7.2  The Security Deposit will be refunded within 5 business days of the Equipment being returned and accepted in satisfactory condition, subject to any deductions.
7.3  As a condition of hire, MSRE Equipment requires a pre-authorisation hold of AU$2,500.00 on the Hirer’s nominated payment method prior to or at the time of collection. This is a temporary reservation of funds only — not a charge.
7.4  MSRE Equipment is not responsible for any fees, overdraft charges, or account effects imposed by the Hirer’s financial institution.
7.5  The hold will be released within 3–5 business days following return of all hired equipment and satisfactory inspection confirming no damage, loss, or outstanding amounts.
7.6  If the Equipment is returned with damage, missing components, or is not returned, MSRE Equipment is hereby authorised to convert the pre-authorisation hold, in part or in full, into an actual charge up to AU$2,500.00. This authorisation is irrevocable once this Agreement is accepted.
7.7  Where costs exceed AU$2,500.00, the pre-authorisation will be charged in full and the outstanding balance invoiced separately. The Hirer remains fully liable for all repair, replacement, transport, and administrative costs.
7.8  "Damage" includes but is not limited to: structural damage to machine body, cab, boom, or blade; hydraulic systems, lines, or cylinders; undercarriage damage; broken glass or mirrors; tyre or track damage; vandalism; and damage from improper use, overloading, or failure to follow operating instructions.
7.9  MSRE Equipment will conduct a condition inspection at collection and again at return. All photographic records must include a date and time stamp and form part of the official record.
7.10  Any dispute regarding a damage charge must be raised in writing within 48 hours of the Hirer being notified of the intended charge. MSRE Equipment’s inspection records, timestamped photographs, and assessment will be considered prima facie evidence.
7.11  For high-value equipment, MSRE Equipment reserves the right to require a higher pre-authorisation amount, communicated to the Hirer in writing prior to signing.
7.12  A cleaning fee of AU$150.00 minimum will be charged where Equipment is returned in an excessively dirty or contaminated condition beyond ordinary use. MSRE Equipment’s determination of excessive dirt or contamination is final.

8   Licences, Competency & Unlicensed Operation
8.1  The Hirer warrants that all persons who will operate the Equipment hold the relevant Qualified Licence and are Authorised Operators as defined in this Agreement. This warranty is given at the time of entering this Agreement and is repeated on each day the Equipment is operated.
8.2  The Hirer must provide MSRE Equipment with copies of all relevant licences, tickets, and certificates of competency for all nominated operators prior to commencement. MSRE Equipment reserves the right to refuse release of the Equipment if satisfactory evidence of competency is not provided.
8.3  If at any time during the Hire Period an operator is found to be operating the Equipment without holding the required Qualified Licence: (a) the Hirer will be immediately in material breach of this Agreement; (b) all Damage Waivers are immediately void; (c) the Hirer becomes personally liable for all resulting damage, injury, and third-party claims; (d) MSRE Equipment may terminate the Agreement with immediate effect and recover the Equipment at the Hirer’s cost.
8.4  The Hirer acknowledges that operating certain Equipment without the required licence or ticket is unlawful under the Work Health and Safety Act 2011 (Cth) or applicable state equivalent, and accepts full legal and financial responsibility for any prosecution, penalty, or liability arising from unlicensed or unauthorised operation.
8.5  MSRE Equipment does not warrant or confirm the competency of any operator. The Hirer’s obligations regarding operator competency are independent of any representations made by the operator to MSRE Equipment.
8.6  Where Equipment requires a specific high-risk work licence (e.g. forklift, elevated work platform, crane), the Hirer must produce the original licence for inspection upon request. Digital copies are accepted only where the relevant regulatory authority permits digital proof.

9   Insurance Obligations
9.1  The Hirer must, at the Hirer’s own cost, obtain and maintain the following insurances for the entire Hire Period prior to taking possession of the Equipment:
(a) Public Liability Insurance — minimum AU$20,000,000 per occurrence, covering third-party bodily injury and property damage arising from the use or operation of the Equipment;
(b) Workers’ Compensation / Personal Accident Insurance — as required by law in the relevant jurisdiction for all persons operating the Equipment;
(c) Plant and Equipment Insurance (or equivalent) — if the Hirer elects not to take MSRE Equipment’s Damage Waiver, the Hirer must hold and maintain their own plant and equipment insurance covering the Equipment for its full replacement value during the Hire Period.
9.2  The Hirer must provide MSRE Equipment with current certificates of currency for all required insurances prior to or at the time of collection. MSRE Equipment reserves the right to refuse release of the Equipment if satisfactory proof of insurance is not provided.
9.3  If the Hirer fails to obtain or maintain any required insurance, or if any required insurance is cancelled or lapses during the Hire Period: (a) the Hirer is in immediate material breach of this Agreement; (b) MSRE Equipment may terminate the Agreement and recover the Equipment at the Hirer’s cost; (c) the Hirer remains fully liable for all damage, loss, and third-party claims that would otherwise have been covered by the required insurance; (d) MSRE Equipment’s indemnity under this Agreement is not diminished.
9.4  Where the Hirer elects to take MSRE Equipment’s optional Damage Waiver (Clause 6.3), this does not satisfy or replace the requirement for the Hirer to hold public liability insurance or workers’ compensation insurance. The Damage Waiver covers only equipment damage as specified.
9.5  The Hirer must notify MSRE Equipment immediately if any required insurance is cancelled, suspended, or materially changed during the Hire Period.
9.6  The Hirer indemnifies MSRE Equipment against all claims, losses, damages, and costs arising from the Hirer’s failure to maintain the insurances required under this clause.

10   Delivery & Collection
10.1  Quoted delivery and collection times are estimates only. The Owner is not liable for delays due to traffic, weather, or other factors beyond its reasonable control.
10.2  The Hirer must ensure the Site has safe and suitable access for delivery vehicles and for the operation of the Equipment, and that the ground conditions are appropriate for the Equipment’s rated weight and operation. The Owner reserves the right to refuse delivery if the Site is deemed unsafe, and the Hirer will remain liable for any associated delivery costs.
10.3  Delivery and collection fees are charged separately and will vary based on location and Equipment type, as specified in the Schedule.
10.4  The Hirer must ensure an authorised representative is present at the Site at the agreed time. If no representative is available, additional charges for re-delivery or waiting time may apply.
10.5  Any Equipment left unattended at a Site at the Hirer’s request is at the Hirer’s sole risk. MSRE Equipment bears no liability for loss, damage, or theft occurring during any period the Equipment is unattended at the Site.

11   Breakdowns & Maintenance
11.1  The Hirer must report any Equipment breakdown or malfunction to the Owner immediately and must not attempt repairs without the Owner’s prior written authorisation.
11.2  The Owner will, at its own cost, repair or replace Equipment that breaks down due to mechanical failure or fair wear and tear, and may suspend hire charges for the period the Equipment is genuinely unusable.
11.3  The Hirer remains fully liable for hire charges and any repair costs if the breakdown is caused by misuse, negligence, lack of required maintenance, or breach of this Agreement.
11.4  The Hirer must not perform any maintenance, adjustment, or repair on the Equipment without prior written authorisation from MSRE Equipment. Any unauthorised maintenance will render the Hirer liable for all resulting costs and void any applicable Damage Waiver.

12   Cancellation
12.1  The Hirer may cancel a booking by providing at least 24 hours’ written notice before the scheduled delivery or collection time.
12.2  Cancellations with less than 24 hours’ notice will incur a cancellation fee: (a) where the total hire period is less than 3 days — a minimum fee equal to one (1) full day’s hire charge; (b) where the total hire period is 3 days or more — 35% of the hire charge for each day of the cancelled hire period. These fees are in addition to any delivery or mobilisation costs already incurred.
12.3  Cancellation notices must be provided in writing (email accepted) and are only effective upon written confirmation of receipt from MSRE Equipment.
12.4  MSRE Equipment reserves the right to cancel a booking at any time prior to commencement where the Hirer has failed to provide required documentation (including licences, insurance certificates, or identification) or where MSRE Equipment reasonably believes the Equipment will not be used safely or lawfully. In such cases, any security deposit paid will be refunded but no further compensation will be payable.

13   Towing Services & Trailer Hire
13.1  Any trailer supplied remains the property of MSRE Equipment at all times.
13.2  The Hirer must ensure their towing vehicle has appropriate towing capacity, a suitable tow ball or coupling, functioning trailer brakes (where required by law), and complies with all road safety regulations including registration, insurance, and brake requirements.
13.3  ‘Free trailer’ offers apply only to specified Equipment categories as detailed in the Schedule and are subject to availability.
13.4  The Hirer is solely responsible for all road traffic infringements, camera offences, and tolls incurred while towing Equipment, regardless of the vehicle used. MSRE Equipment may pass on any infringement notices received to the Hirer plus an administration fee of AU$35.00.

14   Personal Property Securities (PPS) Law
14.1  This clause applies to the extent that this Agreement creates a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”).
14.2  MSRE Equipment may register its security interest as a Purchase Money Security Interest (PMSI). The Hirer must do anything required to ensure MSRE Equipment’s security interest is enforceable, perfected, and effective under PPS Law.
14.3  MSRE Equipment may recover from the Hirer the cost of any registration fees or related costs. The Hirer waives its right to receive a verification statement under section 157 of the PPS Law.
14.4  The Hirer must not create or permit any ‘security interest’ in the Equipment other than with the express written consent of MSRE Equipment, and must not sub-hire the Equipment to any third party without prior written consent.
14.5  The Hirer must not allow the Equipment to become affixed to land or a building (as a fixture) without the prior written consent of MSRE Equipment. MSRE Equipment’s title to the Equipment is not affected by any affixation.

15   Liability & Indemnity
15.1  To the fullest extent permitted by law, the Hirer indemnifies and holds harmless the Owner against all claims, losses, damages, costs, and expenses arising from the Hirer’s use, possession, or operation of the Equipment.
15.2  The Hirer is responsible for maintaining adequate public liability insurance (minimum $20,000,000) to cover risks arising from the Equipment’s use during the Hire Period.
15.3  Where the Australian Consumer Law applies, the Hirer has the benefit of statutory guarantees which cannot be excluded. Where goods are not of a kind ordinarily acquired for personal, domestic, or household use, MSRE Equipment’s liability is limited to the reimbursement of the Hire Charge paid or the remedy of any damage caused.
15.4  The Owner’s liability under this Agreement is limited, at its option, to: (a) the replacement or repair of the Equipment; or (b) the amount of hire charges paid by the Hirer for the specific hire period in which the liability arose.
15.5  MSRE Equipment is not liable for any indirect, consequential, special, or economic loss suffered by the Hirer or any third party arising from the hire, use, breakdown, or unavailability of the Equipment, including but not limited to loss of income, productivity, or business opportunity.
15.6  The Hirer’s indemnity under clause 15.1 extends to claims by third parties including employees, contractors, members of the public, and any government authority arising from the Hirer’s use of the Equipment.

16   Breach & Termination
16.1  MSRE Equipment may terminate this Agreement immediately by written notice if the Hirer: (a) breaches any term; (b) fails to make any payment when due; (c) becomes insolvent, bankrupt, or ceases business; (d) puts the Equipment at risk of damage or misuse; or (e) fails to hold or maintain required licences or insurances. Upon termination, any Damage and/or Theft Waiver is immediately invalidated.
16.2  Upon termination, the Hirer must immediately return the Equipment and pay all outstanding hire charges and other amounts due.
16.3  The Hirer indemnifies MSRE Equipment in respect of any damages, costs, or loss resulting from a breach by the Hirer of any provision of this Agreement.
16.4  MSRE Equipment is authorised to enter any premises where the Equipment is located to repossess it in the event of breach or termination without being liable for any trespass or any claim by the Hirer.
16.5  MSRE Equipment may recover from the Hirer all costs associated with repossession including transport, labour, legal costs, and any damage to the Equipment discovered upon recovery.

17   Disputes
17.1  The Hirer must check all Hire Charges immediately, and any disputes must be communicated to MSRE Equipment in writing within 30 days of the Hire Agreement date. If no communication is received within that period, the Hire Charges are deemed accepted by the Hirer.
17.2  If a dispute arises relating to this Agreement, the parties agree to negotiate in good faith to settle the dispute before commencing litigation.
17.3  If the parties are unable to resolve a dispute within 14 days of written notice of the dispute, either party may refer the dispute to mediation administered by the Law Institute of Victoria or a mutually agreed mediator. Costs of mediation are shared equally unless otherwise ordered.

18   Force Majeure
18.1  Neither party shall be liable for any failure to perform its obligations under this Agreement where such failure is caused by a Force Majeure Event. A “Force Majeure Event” means an event beyond the reasonable control of the affected party including, but not limited to, acts of God, fire, flood, earthquake, storm, pandemic, act of terrorism, or government-imposed restrictions.
18.2  The affected party must notify the other party in writing as soon as practicable after the occurrence of a Force Majeure Event and use reasonable endeavours to minimise the impact of the event.
18.3  This clause does not excuse the Hirer from the obligation to pay hire charges that have already accrued or the obligation to return the Equipment.

19   Amendments
19.1  These Terms and Conditions may be amended by MSRE Equipment from time to time by giving notice to the Hirer. Notice is deemed given when MSRE Equipment sends notice to any address (including email) supplied by the Hirer, or publishes the amended terms on its website. Changes will only apply to Hire Agreements entered into after the date the amendment takes effect.

20   Privacy
20.1  MSRE Equipment will comply with the Australian Privacy Principles in all dealings with Hirers and in the handling of any personal information collected under this Agreement.
20.2  The Hirer consents to MSRE Equipment collecting, using, and disclosing their personal information (including identification documents and insurance information) for the purposes of administering this Agreement, verifying licences and insurance, processing payments, recovering outstanding amounts, and as otherwise required by law.
20.3  MSRE Equipment may disclose the Hirer’s details to credit reporting agencies, debt collection agencies, law enforcement, and regulatory bodies where permitted or required by law.

21   Hirer Acceptance & Acknowledgement
21.1  By signing below (or by electronic acceptance), the Hirer confirms that:
(a) They have read and understood all terms of this Agreement in full;
(b) They hold all required licences and insurances as required by this Agreement;
(c) All information provided to MSRE Equipment is true and correct;
(d) They have the authority to enter this Agreement on behalf of any company or organisation named as the Hirer;
(e) They accept full personal liability as guarantor where signing on behalf of a company or trust.

22   Governing Law
22.1  This Agreement is governed by the laws of the State of Victoria, Australia.
22.2  Any dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria.
22.3  If any provision of this Agreement is found to be invalid, void, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
22.4  This Agreement constitutes the entire agreement between the parties in respect of the hire of Equipment and supersedes all prior representations, negotiations, and agreements.
MSRE Equipment Hire |  ABN: 84 670 885 980 | booking@msrequip.com.au | 0427 862 085