Equipment Hire Agreement

1.1. These hire terms and conditions (Hire Terms) apply to each hire of Equipment from Diggermate to the Customer.

1.2. Diggermate manages the booking system and collects payments on behalf of your local Diggermate Franchisees in the Diggermate Australia franchise network. The Customer’s local Diggermate Franchisee will be responsible for making available and providing the Equipment to the Customer, managing the hire process with the Customer and any Wet Hire arrangements.

1.3, Each hire of equipment creates a separate legally binding hire agreement, incorporating these Hire Terms and the relevant quote (Hire Agreement). Any additional terms contained in any document (including hand amendments) provided by the Customer will not form part of the Hire Agreement unless agreed by Diggermate in writing.

2.1. Diggermate agrees to rent the Equipment to the Customer for the Hire Period subject to these Hire Terms.

2.2. The Hire Period commences when the Equipment is delivered to the Customer and will end the later of:

(a) the date that the Customer selected as the end of the hire period when applying for hire; or
(b) the date the Equipment is returned to or collected by Diggermate; or
(c) the date that the Hire Agreement is terminated under clause 16; or
(d) for Wet Hire, at the end of the Wet Hire.

3.1. The Customer will pay the Hire Payment and any Additional Costs to Diggermate for the Hire Period.

3.2. The Customer acknowledges and agrees that the Hire Payment is based on Hire Period and not for the amount of time for which the Equipment was actually used by the Customer.

3.3. If the Hire Period is extended or altered in any way, Diggermate may amend the Hire Payment to account for such extension or alteration.

3.4. Additional Costs include:

(a) the Zero Excess Fee (if applicable), of $45 inclusive of GST for each day of the Hire Period;
(b) delivery and pick up charges;
(c) fuel of $60.00 or as otherwise determined by Diggermate acting reasonably for fuel for Equipment returned with less fuel than it was delivered to the Customer with;
(d) cleaning charges of $85.00 per hour or as otherwise determined by Diggermate acting reasonably for Equipment which is not returned in a clean condition;
(e) any costs under clause 7.1;
(f) bond or security deposit on  certain equipment;
(g) extension or alteration of the Hire Period; and
(h) For road-registered Equipment, daily hire includes 100km of travel. Additional travel is charged at $0.40 per km (or as stated in the quote)
(i) Any other costs payable by the Customer to Diggermate under these Hire Terms.

3.5. Unless otherwise agreed by Diggermate in writing, all amounts payable under these Hire Terms must be paid in advance (before the Hire Period starts)  or COD when new charges are added via electronic funds transfer or credit or debit card payment. The Customer acknowledges and agrees that Diggermate may charge their credit or debit card for all applicable Additional Costs.

3.6. If the Customer pays any amount by credit card, Diggermate may charge a credit card surcharge equal to its reasonable additional costs incurred.

3.7. Diggermate may charge interest on overdue amounts. Interest will be calculated from the due date to the date of payment (both inclusive) at a rate per month equal to the standard contract default rate published by the Queensland Law Society from time to time calculated on a daily basis.

3.8. The Customer must pay all expenses and costs (including debt collection and legal costs) incurred by or on behalf of Diggermate for recovering or attempting to recover any overdue amounts from the Customer.

3.9. Diggermate may in its sole discretion require a hold on the Customer’s credit card to secure payments due to Diggermate under a Hire Agreement. If Diggermate requires this hold as security:

(a) Diggermate will inform the Customer of the amount of the hold;
(b) Diggermate may increase the amount held on the Customer’s credit card if the Hire Period is extended or altered in accordance with clause 3.3;
(c) If Diggermate is unable to place a hold or increase a hold on the Customer’s credit card for any reason (including where the Customer does not approve the hold), Diggermate may immediately cancel the Hire Agreement, and collect the Equipment from the Customer, and Diggermate will not be liable for any Claims suffered or incurred by the Customer whether directly or indirectly from cancellation under this clause; and
(d) Diggermate will release the hold within a reasonable time of receipt of all payments due to Diggermate by the Customer under the Hire Agreement.

3.10 If the site is deemed a Remote Area, you agree to pay any additional reasonable charges outlined in the Hire Schedule and comply with our requirements for the Equipment’s maintenance and operation.

4.1. Diggermate will use all reasonable endeavours to deliver the Equipment to the Location nominated by the Customer on the start date, but the time of delivery shall not be of the essence and Diggermate will not be liable in any way to the Customer or any other party for any Claim resulting from delay. The Customer must provide Diggermate with reasonable and clear access to the Location to enable delivery of the Equipment.

4.2. Delivery will occur when the Customer collects the Equipment from Diggermate or when Diggermate delivers the Equipment to the Location, at which point the Equipment shall be at the sole risk of the Customer. Diggermate will not be liable for any loss or damage to the Equipment once risk has passed to the Customer. Risk in the Equipment will remain with the Customer for the duration of the Hire Period and until such time that Diggermate takes back possession of the Equipment.

4.3. The Customer is responsible for checking the Equipment at the start of the Hire Period (immediately on collection or delivery) and any discrepancies or damage must immediately be reported to Diggermate and within one (1) hour of collection or delivery of the Equipment. Subject to the Customer notifying Diggermate of any discrepancies or damage, by accepting the Equipment, the Customer warrants they:

(a) are satisfied that the Equipment is clean, in good repair and safe working order;
(b) are aware of the proper use of which the Equipment is designed and are satisfied that it is suitable for the purpose required; and
(c) are satisfied with the instructions given in relation to the proper and safe manner of using the Equipment.

4.4. The Customer will return the Equipment to Diggermate:
(a) in the same condition that the Equipment was at the commencement of the Hire Period;
(b) with the same amount of fuel that the Equipment had when delivered to the Customer; and
(c) in a clean condition.

4.5. To collect the equipment, the Customer must have a vehicle with appropriate towing capacity to tow the equipment. If the Customer does not have such a vehicle, Diggermate may (but is not obliged to) agree to deliver and/or collect the equipment to the Customer in return for an additional delivery fee, as specified on Diggermate’s website, or as otherwise notified by Diggermate to the Customer.

5.1. Title to and ownership of the Equipment is retained at all times by the Equipment Owner. The Customer must not purport to sell the Equipment or use it as security.

5.2. The Customer must not remove the Diggermate branding or any serial numbers on the Equipment.

5.3. The Customer is solely responsible for securing the Equipment when not in use.

5.4. If the Customer breaches its obligations under these Hire Terms, Diggermate and/or the Equipment Owner may, at any time, repossess the Equipment. The Customer authorises Diggermate and/or the Equipment Owner or their representatives, agents or employees to enter the Location or any other property where the Equipment is located for the purposes of repossession. Diggermate and/or the Equipment Owner will not be liable for any Claim suffered by the Customers as a result of the repossession.

6.1. If any mechanical fault, defect or malfunction occurs to the Equipment (Fault) during the Hire Period, the Customer must:

(a) immediately cease using the Equipment;

(b) report the Fault to Diggermate as soon as possible and in any case within 24 hours of becoming aware of the Fault;

(c) make the Equipment available to Diggermate for inspection; and

(d) not carry out any work or repairs on the Equipment unless expressly authorised by Diggermate.

6.2. The Customer’s sole remedy in respect of any Equipment that suffers a Fault shall be:
(a) at Diggermate’s election and subject to availability, the repair or replacement of the Equipment with similar equipment; and
(b) the waiver of any Hire Payment accrued during the time that the Customer was unable to use the Equipment due to the Fault,

6.3. However, the Customer is not entitled to any remedy if the Fault was caused by their misuse, abuse, or neglect of the Equipment.

6.4. The Customer agrees to keep the Equipment in a clean condition and ensure that it is maintained in good repair and working order.

7.1. The Customer is liable for:

(a) any loss of, or damage to, the Equipment beyond ordinary fair wear and tear, as outlined on the Diggermate website, during the Hire Period, including all glass or panel damage;
(b) any Claims (including consequential damage)suffered or incurred by Diggermate, including salvage costs;
(c) any loss of, or damage to, property of any third party caused by or in relation to the operation of the Equipment;
(d) subject to clause 8, any costs (including labour and freight) of replacing Equipment which is lost or stolen whilst in the possession of the Customer; and
(e) subject to clause 8, any costs incurred in relation to the repair of Equipment which is damaged whilst in the possession of the Customer including the standard single Hire Payment for each day or part-day for which the Equipment is being repaired or replaced and otherwise unable for use.

7.2. If the Equipment is damaged, lost or stolen at any time during the Hire Period, the Customer must, in the case of damage or loss, immediately cease using the Equipment and report the damage, loss, or theft to Diggermate, (and in the case of theft, the Police), as soon as possible and in any case within 24 hours of becoming aware of the damage, loss or theft.

7.3. The Customer must not arrange or carry out any repair work to the Equipment without Diggermate’s prior written consent.

7.4. If the Equipment is involved in an accident on the road during the Hire Period, the Customer must:

(a) inform the Police immediately;
(b) record full details, including:

(i) registration number of any other vehicles involved;
(ii) name, driver’s license number, and address of any other drivers involved; and
(iii) name and address of any witnesses,

(c) contact Diggermate immediately, and provide them with the details in (b); and
(d) not make any admission of liability without Diggermate’s prior written consent.

7.5. If the Equipment needs to be recovered by Diggermate, the Customer will be liable for the Recovery Charge and any costs suffered or incurred by Diggermate for any repairs and loss of income.

8.1. If the Equipment is damaged, the Customer must pay for the cost of replacement or repair. All Equipment is fully insured. In the event of a claim, the insurance excess is $5,000. The Customer is liable to pay the excess.

8.2. However, the Customer may choose to pay the Zero Excess Fee for each day of the Hire Period.

8.3. If the Customer pays the Zero Excess Fee, the Customer’s liability will be nil ($0.00) in respect of each occurrence of damage to the Equipment which occurs on the day for which the Zero Excess Fee is paid, unless the damage is not covered under clause 8.4 (Zero Excess Option).

8.4. The Zero Excess Option does not cover any, damage, liability or costs to the Equipment directly or indirectly caused by, arising from or in any connected with:

(a) fines or penalties, exemplary, aggravated or punitive damages, additional damages resulting from the multiplication of compensatory damages, liquidated damages;

(b) failure to secure the Equipment when not in use;

(c) use or operation of the Equipment by any person:

(i) underground;
(ii) for or in connection with asbestos, oil, gas or geothermal drilling or wells;
(iii) on a watercraft;
(iv) for an unlawful purpose;

(d) the operation of the Equipment by any person contrary to clause 11.1(a):

(e) overloading or incorrect loading of the Equipment, or operation of the Equipment while its load-measuring instruments are inoperative or turned off, irrespective of the Customer’s knowledge;

(f) the failure of the Customer or a person operating the Equipment to service, maintain, use, or operate the Equipment strictly in compliance with systems and procedures imposed or recommended by the Manual, industry standards and manufacturer’s and distributor’s recommendations, manuals or guidelines, regardless of the Customer’s knowledge;

(g) operation of the Equipment by any person in an unsafe or illegal manner;

(h) a lack of, inadequate or incorrect lubricant, coolant, oil, or other dry or liquid substance, irrespective of the Customer’s knowledge; and

(i) any act or omission by the Customer in breach of these Hire Terms.

9.1. The Customer may elect that the Hire Agreement is for ‘wet hire’ meaning the Equipment is hired with an operator of the Equipment (Wet Hire). Diggermate will ensure the operator is suitably trained and licensed to operate the Equipment and that the operator wears suitable protective clothing as required or recommended in the Manual.

9.2. The operator will be provided on the basis of an hourly rate for Wet Hire as set out on the Diggermate website and forming part of the Hire Payment.

9.3. Diggermate may invoice the Customer for the Wet Hire and Hire Payment upfront, during the Wet Hire project or Hire Period or at the end of the Wet Hire project. The payment terms of each job are COD at the end of each day upon receiving the invoice prior to leaving the Location. . Failure to pay an invoice may result in the Wet Hire project being delayed or not progressed and interest charged on overdue amounts. The Customer acknowledges and agrees that the operator remains a contractor or employee of Diggermate but acts under the sole discretion and control of the Customer. Accordingly, to the extent permitted by law, Diggermate shall have no liability for any Claim caused by the operator in acting in accordance with the directions or instructions of the Customer.

9.4. The Customer acknowledges and agrees that it has control of the Location and will ensure the Location is safe for the operator to undertake the relevant works. The Customer must have a representative available while the operator is present at the Location to supervise the works to be undertaken.

9.5. The Customer and the Diggermate will comply with all health and safety legislation which may be applicable to the operator’s use of the Equipment including any WorkSafe requirements and relevant safety standards. The Customer must promptly advise the operator of any health and safety policies of the Customer which the operator must comply with prior to the operator entering the Location.

10.1. This clause 10 applies where the Equipment includes Skip Bins.

10.2. Unless otherwise agreed, the Customer is responsible for collecting the Skip Bins from Diggermate and returning them once filled with waste. Skip Bins must be collected and returned at the times notified by Diggermate.

10.3. The Customer may only dispose of general household waste in the Skip Bins, including furniture, timber, clothes, household junk, office material, electrical goods, plaster, carpet, steel, building rubbish, and gardening waste (General Household Waste).

10.4. The Customer must not dispose of any dangerous waste in the Skip Bins, including tyres, asbestos, paint oils, chemicals, poisons, batteries, food, biological waste, and any other waste which is not General Household Waste (Dangerous Waste).

10.5. The Customer must pay any Claim Diggermate suffers or incurs as a result of Dangerous Waste being disposed of in a Skip Bin, including the costs Diggermate incurs in engaging a specialist to safely dispose of that waste and decontaminate the Skip Bin, any fines or penalties imposed, and any Claims Diggermate suffers due to the Skip Bins being unavailable for any period.

10.6. The Hire Payment for the Skip Bins includes up to 450 kilograms of General Household Waste.

10.7. If the Skip Bins are loaded with more than 450 kilograms of General Household Waste, then:

(a) Diggermate will charge an additional overweight levy for the excess waste as specified on Diggermate’s website, or as otherwise notified by Diggermate to the Customer; and
(b) if the Skip Bins are loaded above 1,000 kilograms, then at least one additional Skip Bin will be utilised and charged accordingly, plus a fee to cover labour and machine costs to transfer the waste, as specified on Diggermate’s website, or as otherwise notified by Diggermate to the Customer.

11.1. The Customer represents and warrants that:

(a) the Customer will ensure anyone operating or using the Equipment is:

(i) qualified and adequately educated and/or experienced to operate or use the Equipment;
(ii) holds all necessary licences, certifications, credentials and permits required to operate the Equipment;
(iii) not suffering from a physical or mental impairment of ability to operate or use it; and
(iv) not consuming or under the influence of any alcohol, drugs or other substances that impair their ability whilst operating the Equipment;

(b) the Customer is capable to inspect the machine and i will ensure that the Equipment is safe and in good working order to be operated and used for its intended use only and must ensure that the Equipment is not used in a manner that is likely to result in anything other than ordinary wear and tear of the Equipment and is only used for legal purpose;

(c) if a logbook is provided with the Equipment, the Customer will accurately complete all required entries in the log book during the Hire Period;

(d) for a multi-day hire, the Customer must notify Diggermate immediately when the Equipment is due for service in line with the Manual or any notification located on or within the Equipment or logbook (if a logbook has been provided) and will make the Equipment available for Diggermate and/or the Equipment Owner to perform such servicing;

(e) the Customer will perform daily inspections and undertake all pre-start checks required in the Manual before permitting any person to use the Equipment. If any issues are found during any inspection or pre-start check, the Customer will cease using the Equipment and notify Diggermate;

(f) it will promptly upon request provide access, at reasonable times, to the Equipment to Diggermate or the Equipment Owner for the purposes of inspection of the Equipment and of compliance of the terms of these Hire Terms; and

(g) the Customer has read and understood these Hire Terms.

11.2. The Customer will not do anything which may have an adverse impact upon Diggermate’s reputation or business either during the Hire Period or following completion of the Hire Period.

12.1 The only warranties given by Diggermate in respect of the Equipment are the express written manufacturer warranties supplied (if any) to the Customer in respect of specified Equipment. Any such warranty may include situations that void the warranty. All other terms, conditions, warranties and representations expressed or implied, whether by operation of law, statutory or otherwise are expressly excluded (except any which may not lawfully be excluded).

12.2. To the fullest extent permitted by law the maximum aggregate liability of Diggermate and/or the Equipment Owner under or in connection with these Hire Terms is limited to an amount equal to the Hire Payments paid and/or payable by the Customer under these Hire Terms.

12.3. The Customer releases and indemnifies Diggermate and the Equipment Owner against any Claim arising from or relating to:

(a) the full cost of repair or replacement of Equipment for any loss or damage caused during the Hire Period which is not covered by the Zero Excess Option. The replacement value of the Equipment shall be the cost to replace the Equipment with a new machine of an equivalent type and model so far as is possible, including any import duties and taxes, if applicable;
(b) the Customer’s negligence or breach of the Hire Agreement;
(c) damage to property, personal injury or death caused or contributed to by the Customer or any person they allow to use the Equipment; and
(d) the cost of Diggermate or the Equipment Owner recovering the Equipment or any money owing by the Customer,
except to the extent that the Claim was caused or contributed to by the negligence or intentional wrongful act of Diggermate or the Equipment Owner.

13.1 The Customer will be responsible for payment of all fines and infringements incurred for the Equipment during the Hire Period including:

(a) parking in any portion of a road in breach of any by-law of a road controlling authority;
(b) speeding and other traffic offences;
(c) tolls; and
(d) offences related to loading and unsafe loads.

14.1 In these Hire Terms, the following words and phrases have the same meanings as in the PPS Act: Collateral, PPSR, Purchase Money Security Interest, Security Agreement, Security Interest.

14.2. To secure the Customer’s obligations under the Hire Agreement, including any obligation to pay any amount to Diggermate and/or the Equipment Owner, the Customer:

(a) acknowledges that the Hire Agreement constitutes a Security Agreement for the purposes of the PPS Act;
(b) grants to Diggermate and the Equipment Owner a Security Interest in respect of all Equipment leased, bailed or otherwise provided or made available to the Customer by Diggermate and/or the Equipment Owner and any proceeds thereof;
(c) consents to Diggermate and the Equipment Owner perfecting such Security Interest by registration on the PPSR, including as a Purchase Money Security Interest;
(d) undertakes to Diggermate and the Equipment Owner to do all things reasonably necessary or required by Diggermate and/or the Equipment Owner to assist Diggermate and/or the Equipment Owner in perfecting the registration of the Security Interest on the PPSR, including providing information and executing documents; and
(e) waives, to the extent permitted by the PPS Act, its right to receive any notice of a verification statement or any other notice Diggermate and/or the Equipment Owner would otherwise be required to give under the PPS Act.

14.3. The Customer agrees to waive any rights to receive notices under sections 95, 121(4), 130, 132(3)(d), 132(4), 135, 142, and 143 of the PPS Act.

15.1. Diggermate and/or the Equipment Owner may collect, hold and use information provided by the Customer including information relating to the Guarantor(s) for any purpose connected with its business including direct marketing, debt recovery, credit reporting or assessment, to register any security interest, and for the purposes of communicating with external credit reporting agencies, debt collection agencies and trade referees. Information disclosed by Diggermate and/or the Equipment Owner to credit reporting agencies will be disclosed on the basis that it will be held and used by such agencies to provide credit reporting services. Under the Privacy Act 1988 (Cth), individuals have rights to access to, and request correction of, their personal information by contacting Diggermate.

15.2. The Customer, any person signing on behalf of the Customer and any Guarantor(s) each authorise Diggermate and/or the Equipment Owner to collect, hold, use and disclose information for any of the above purposes.

16.1. Diggermate may terminate these Hire Terms or any Hire Agreement with immediate effect by written notice to the Customer if Diggermate believes in its sole discretion that the Equipment might be at risk or the Customer has breached any term of this Hire Agreement.

17.1. Any notice to be given pursuant to the terms of these Hire Terms will be in writing addressed to the party to whom it is given and left at or sent by e-mail, SMS or post to the address of such party as it may from time to time notify to the other. However, if the notice is sent by means other than email or SMS, a copy must also be provided by email or SMS.

17.2 Notices shall be deemed to be served on the day so left or transmitted by e-mail or SMS (provided that the sender has no reason to suspect that the email or SMS has not been delivered) or on the third Business Day after it is so posted.

18.1. Entire Agreement: The Hire Agreement contains all of the terms, representations and warranties made between the parties relating to the matters dealt with in the Hire Agreement and supersedes and cancels all prior discussions and agreements covering the subject matter of the Hire Agreement. The parties have not relied on any representation, warranty or agreement relating to the matters dealt with in the Hire Agreement that is not expressly set out in the Hire Agreement.

18.2. Authority: Where the Customer is not a natural person, the person entering a Hire Agreement on behalf of the Customer warrants that they enter into the Hire Agreement on their own behalf as well as on the behalf of the Customer and that they have full authority to enter into the Hire Agreement on behalf of the Customer.

18.3. Variation: Diggermate may amend these Hire Terms at its sole discretion upon notice in writing to the Customer. The Customer’s continued rental of the Equipment and/or subsequent rentals of new equipment shall constitute acceptance of the amended Hire Terms.

18.4. Assignment: Diggermate may assign, transfer or novate these Hire Terms or any of its rights and obligations under these Hire Terms to any third party, and the Customer agrees to do all things and sign all documents reasonably required by Diggermate for this purpose. The Customer may only assign its rights and obligations under these Hire Terms with the written consent of Diggermate.

18.5. Severability: If a provision or part of a provision of the Hire Agreement is held invalid, unenforceable, or illegal for any reason, then such provision or part shall be deemed to be severed from the Hire Agreement and the Hire Agreement shall otherwise remain in full force.

18.6. Inconsistency: If these Hire Terms is inconsistent with any other document or agreement between the parties, these Hire Terms prevails to the extent of such inconsistency.

18.7. Contractual privity: The Customer and Diggermate acknowledge and agree that these Hire Terms is made and fully intended to confer a benefit on, and be legally enforceable by, the Equipment Owner notwithstanding that it is not a party.

18.8. Jurisdiction and Governing Law: These Hire Terms are governed by and construed in accordance with the laws of the State of Queensland in Australia and the parties submit to the jurisdiction of Queensland courts.

18.9. Electronic Execution and Counterparts: Pursuant to any applicable law, the parties hereby consent to executing these Hire Terms and any Hire Agreement electronically, including (without limitation) by way of DocuSign. These Hire Terms and any Hire Agreement may be executed in counterparts, including counterparts executed or exchanged electronically, and if so, the counterparts taken together constitute one and the same.

18.10 No Waiver: No delay or omission to exercise any right, power or remedy accruing to a party under this document will impair any right, power or remedy of that party nor will it be construed to be a waiver of the right of the party at a later time to enforce the right, power or remedy.

19.1. In these Hire Terms, unless the context otherwise requires:

(a) “Additional Costs” has the meaning given in clause 3.4.
(b) “Business Day” means a day which is not a Saturday, Sunday or public holiday in Brisbane in the State of Queensland, Australia;
(c) “Claim” means a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against a person, however arising and whether ascertained or unascertained; immediate, future or contingent; or subject of a dispute, litigation, arbitration, mediation, conciliation or administrative proceedings.
(d) “Customer” means the party named as the customer in any order documents or pursuant to a Credit Account Application and includes the Customer’s representatives, officers, employees, contractors, and agents.
(e) “Diggermate” means Diggermate Franchising Pty Ltd ACN 619 629 113.
(f) “Diggermate Franchisee” means the Australian franchisee of Diggermate operating in the region in which the Customer makes an order.
(g) “Equipment” means the Equipment described in any order documents including keys and accessories and any further equipment rented to the Customer by Diggermate in the future;
(h) “Equipment Owner” means the legal owner of the Equipment, being either the Diggermate Franchisee or a person who has granted the Diggermate Franchisee the right to rent the Equipment to third parties;
(i) “Guarantor” means the listed in any order documents or any person who has agreed to guarantee the obligations of the Customer under these Hire Terms in writing.
(j) “Hire Payment” means the relevant hire payment notified to the Customer upon making a booking for hiring the Equipment.
(k) “Hire Period” has the meaning given in clause 2.2
(l) “Insolvency Event” means where the Customer is insolvent under the definition in the Corporations Act 2001 (Cth); fails to comply with a statutory demand; a liquidator, receiver, manager or other similar person is appointed in respect of the Customer or some or all of its assets; the Customer becomes bankrupt; is affected by an analogous event; the Customer enters into a compromise or arrangement with, or assignment for the benefit of, any of its members or creditors; or any security over the assets of the Customer is enforced.
(m) “Location” means the address nominated by the Customer for delivery of the Equipment.
(n) “Manual” means the manual for the Equipment supplied by the manufacturer, or any similar use guidelines provided by Diggermate to the Customer.
(o) “PPS Act” means the Personal Property Securities Act 2009 (Cth).
(p) “Recovery Charge” means the fee specified on Diggermate’s website, or such other amount notified by Diggermate to the Customer.
(q) “Skip Bin” means a bulk waste container.
(r) “Zero Excess Option” has the meaning given to that term in clause 8.2.
(s) “Zero Excess Fee” has the meaning given to that term in clause 3.4(a).

19.2. In these Hire Terms, unless the context otherwise requires:

(a) a word denoting the singular includes the plural and vice versa;
(b) A word or term defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the same meaning in these Hire Terms where used in connection with GST imposed under that Act.
(c) any reference to a statute or statutory provision includes any statutory provision which amends, extends, consolidates or replaces it;
(d) all references to “$” and “dollars” are to the lawful currency of Australia;
(e) specifying anything after the words “including”, “includes” or “for example” or similar expressions does not limit what else is included unless there is express wording to the contrary; and
(f) a provision must not be construed against a party merely because that party was responsible for preparing this document or that provision.