Please read the following Hire Terms and Conditions before completing the form below.
By submitting the Equipment Hire Form and accepting these terms, the Hirer agrees to the following conditions.

1. Hire Agreement

The equipment remains the property of The Patch Nursery (“the Owner”) at all times.
The person completing this agreement (“the Hirer”) agrees to hire the equipment selected in the form below for the agreed hire period and to return it by the agreed return date and time.
The Hirer must be at least 18 years of age.

2. Condition of Equipment

The Hirer acknowledges that the equipment has been provided in good working order unless any existing damage or fault has been noted before leaving the premises.
The Hirer agrees to inspect the equipment before use and notify the Owner immediately if they believe the equipment is damaged, unsafe or not operating correctly.
The Hirer must not continue using equipment that develops a fault or appears unsafe.

3. Safe Operation

The Hirer agrees to:

• use the equipment only for its intended purpose;

• follow all operating instructions and safety directions provided by the Owner or manufacturer;

• ensure that only competent persons who understand the operating instructions use the equipment;

• wear appropriate personal protective equipment, including enclosed footwear and any other PPE recommended for the equipment;

• keep children, animals and bystanders clear while the equipment is operating;

• not use the equipment while affected by alcohol, drugs, medication or any other substance that may impair their ability to operate it safely; and

• stop using the equipment immediately if it becomes damaged, behaves unexpectedly or appears unsafe.

The Hirer must not modify, dismantle or attempt to repair the equipment without the Owner's permission.

4. Lawn Scarifier and Aerator – Site Preparation

Before using the equipment, the Hirer is responsible for inspecting the area to be worked on and identifying any potential hazards.
This includes, where applicable:

• irrigation pipes and sprinkler systems;

• electrical cables;

• communication cables;

• gas or water services;

• drainage systems;

• garden lighting;

• tree roots;

• rocks, stones, wire and other debris;

• uneven ground; and

• other underground or surface hazards.

Particular care must be taken when using the lawn aerator because the tines penetrate below the soil surface.
The Hirer accepts responsibility for damage caused to underground or surface infrastructure where the location of the infrastructure should reasonably have been identified before use.

5. Hire Period and Return

The equipment must be returned by the agreed date and time unless an extension has been approved by the Owner.
Extensions are subject to equipment availability and may incur additional hire charges.
If equipment is returned late without prior approval, the Hirer may be charged the applicable additional hire rate.
The hire period continues until the equipment has been returned to and accepted by the Owner.

6. Care of Equipment

The Hirer must take reasonable care of the equipment during the hire period.
The equipment must:

• be stored securely when not in use;

• be protected from theft, misuse and unnecessary exposure to weather;

• not be sold, transferred, sub-hired or loaned to another person without the Owner's permission; and

• be returned in substantially the same condition as supplied, allowing for reasonable wear and tear.

7. Damage, Loss or Theft

The Hirer must notify the Owner as soon as reasonably possible if the equipment is damaged, lost or stolen.
The Hirer may be responsible for the reasonable cost of repairing damage caused by misuse, negligence, incorrect operation, unauthorised modification or failure to follow operating instructions.
Where equipment is lost, stolen or damaged beyond economical repair while in the Hirer's possession, the Hirer may be responsible for the reasonable replacement cost, except to the extent that the loss or damage was caused by a defect in the equipment, the Owner's actions, normal wear and tear, or another matter for which the Hirer is not legally responsible.
Reasonable wear and tear arising from normal proper use will not be charged to the Hirer.

8. Cleaning

The equipment must be returned in a reasonably clean condition.
The Hirer may be charged a reasonable cleaning fee where excessive dirt, mud, grass, debris or other material requires additional cleaning beyond what would normally be expected after ordinary use.

9. Fuel and Consumables

Where equipment is supplied with fuel, the Hirer must use only the correct fuel specified by the Owner.
The Hirer is responsible for any damage resulting from the use of incorrect fuel or other incorrect consumables.
Where the hire arrangement requires the equipment to be returned with a particular fuel level, the Hirer may be charged for fuel required to restore it to that level.

10. Transport

Where the Hirer transports the equipment, the Hirer is responsible for ensuring that the equipment is safely and securely loaded and restrained during transport.
The Hirer must follow any loading or transport instructions provided by the Owner.

11. Breakdowns and Faults

If the equipment breaks down or develops a fault during normal use, the Hirer must stop using it and contact the Owner as soon as reasonably possible.
The Hirer must not arrange repairs or incur repair costs without prior approval from the Owner except where reasonably necessary in an emergency to prevent further injury or property damage.
The Owner will not charge the Hirer for breakdowns caused by normal wear, mechanical failure or a pre-existing fault for which the Hirer is not responsible.

12. Injury and Property Damage

The Hirer is responsible for operating the equipment safely and taking reasonable precautions to avoid injury or damage.
To the extent permitted by law, the Owner is not responsible for loss, injury or property damage caused by the Hirer's misuse of the equipment, failure to follow safety or operating instructions, or failure to properly inspect and prepare the area in which the equipment is used.
Nothing in this agreement excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.

13. Australian Consumer Law

Nothing in these Hire Terms and Conditions is intended to exclude or limit any rights or guarantees available to the Hirer under the Australian Consumer Law or any other applicable law where those rights or guarantees cannot legally be excluded.

14. Charges

The Hirer agrees to pay:

• the agreed hire charge;

• any additional approved hire-period charges;

• reasonable late-return charges where applicable;

• reasonable cleaning charges where applicable; and

• reasonable repair or replacement costs for loss or damage for which the Hirer is responsible under this agreement.

Any additional charges will reflect the reasonable loss or cost incurred by the Owner.

15. Identification and Contact Details

The Hirer confirms that the information supplied in the Hire Form is true and correct.
The Owner may request suitable photographic identification before releasing the equipment.

16. Acceptance

By submitting the Equipment Hire Form below, the Hirer confirms that:

• they are at least 18 years of age;

• they have read and understood these Hire Terms and Conditions;

• they have had the opportunity to ask questions about the equipment and its operation;

• they have been provided with or offered appropriate operating and safety instructions;

• they understand their responsibilities when using the equipment; and

• they agree to be bound by these Hire Terms and Conditions.