EQUIPMENT HIRE RENTAL

This Equipment Rental Agreement ("Agreement") is made on
between
Flat Out Digger & Equipment Hire Pty Ltd ACN 681 988 689 of 2/33 Tobin Way, Tallebudgera
QLD 4228 (Owner)
And of ("Hirer").

BACKGROUND
(A) The Owner is the proprietor of the equipment listed in the Schedule to this Agreement
("Equipment").
(B) The Hirer will hire the Equipment specified in the Schedule from the Owner upon the terms
and conditions in this Agreement.

OPERATIVE PROVISIONS
1. Hire of Equipment
(a) The hiring of the Equipment will commence from the commencement date specified in
the Schedule and continue for the term specified in the Schedule.
(b) The Hirer is entitled to use the Equipment for the hire period as outlined in the Schedule
("Hire Period") and for any agreed extension of the period.
(c) The Hirer agrees to return the Equipment to the address of the Owner on or before the
end of the Hire Period as outlined in the Schedule.
(d) The Owner will not refund any hire fee monies if the Hirer elects to return the Equipment
prior to the end of the Hire Period, regardless of reason.

2. Payment for rental
(a) The Hirer agrees to pay the Owner the hire fee specified in the Schedule ("Hire Fee") for
the Equipment for the Hire Period, which includes any applicable GST.
(b) The Hire Fee must be paid to the Owner prior to or on the commencement date of the
Hire Period.

3. Use, operation and maintenance
(a) The Hirer agrees that the use of the Equipment carries with it dangers and risks of injury
and the Hirer agrees to accept all dangers and risks.
(b) The Hirer must only operate and maintain the Equipment in accordance with recognised
methods and standards for Equipment of their type and only by competent and (where
appropriate) properly qualified, trained and licensed personnel and by appropriate
methods and standards of operation. Without limiting the generality of this clause 3. (b),

the Hirer must comply in all respects with the instructions and recommendations of the
manufacturer or other supplier relating to the Equipment and to their use, in particular
where any failure in compliance would limit the obligations of that person to the Owner
or the Hirer under any statute, agreement or otherwise.
(c) The Hirer will use the Equipment for the purpose for which it was designed and not for
any other purpose.
(d) The Hirer agrees to comply with all occupational health and safety laws relating to the
use of the Equipment and related operations.
(e) The Hirer must ensure the Equipment is returned to the Owner thoroughly cleaned. In
the event that the Equipment is not thoroughly clean when returned to the Owner, the
Hirer will pay the Owner the reasonable costs for cleaning the Equipment.
(f) Unless the Hirer obtains the prior written consent of the Owner, the Hirer must not alter,
modify or attach anything to the Equipment unless the alteration, modification or
attachment is easily removable without damaging the functional capabilities or economic
value of the Equipment.
(g) The Hirer must at all times keep and maintain the Equipment properly serviced, in proper
working order and condition and in good and substantial repair. The Owner will make
due allowance for normal wear and tear but the Equipment must at all times be capable
of being operated fully and efficiently for the purpose, and to the capacity, for which the
Equipment was intended at the date of their acquisition by the Owner for the purposes of
this Agreement.
(h) The Hirer will be fully responsible to the Owner for any loss of or damage to the
Equipment (however occasioned). The Hirer must give reasonable notice to the Owner
in writing of any such loss or damage.
(i) The Hirer grants the Owner the right, and will use its best endeavours to ensure that
others grant the Owner the right, at all reasonable times upon the Owner giving the
Hirer reasonable notice and without unduly interfering with the Hirer’s operations, to:
(i) enter with its servants, agents and experts upon or into the location where ethe
Equipment is situate;
(ii) inspect the state of repair of the Equipment;
(iii) carry out such tests on the Equipment as may seem necessary to the Owner;
(iv) observe the use of the Equipment;
(v) inspect any maintenance records in respect of the Equipment; and
(vi) do any act, matter or thing which may be required to be done to give proper effect
to the terms of this Agreement or to protect the Owner’s rights in the Equipment.

4. Hirer's warranties
The Hirer warrants that:
(a) the Equipment will be used in accordance with the conditions outlined in the Schedule;
(b) the particulars in the Schedule are correct in every respect and are not misleading in any
way including, without limitation, by omission;

(c) the Hirer holds a valid current driver's licence, operating licence or permit valid for the
type of Equipment hired;
(d) the Equipment will not be used for any illegal purpose;
(e) the Hirer's vehicle is suitable for towing or transporting the Equipment;
(f) the Hirer will not, without prior written consent of the Owner, modify, or permit any
modification of, the Equipment in any way;
(g) the Hirer agrees that the Equipment complies with its description, is in merchantable
condition and is fit for the Hirer's purpose; and
(h) the Hirer will not encumber the Equipment or allow the Equipment to be encumbered or
pledge the Equipment as security in any manner.

5. Taxes
(a) The Hirer will report and pay all taxes, fees and charges associated with the Equipment,
with the use of the Equipment, and with revenues and profits arising out of the use of the
Equipment, including, but not limited to, sales taxes, property taxes, and licence and
registration fees.
(b) The Hirer will pay any and all penalties and interest for failure to pay any tax, fee or
charge on or before the date on which the payment is due. The Hirer will pay any and
all penalties and interest for failure to report required information to any taxing
authority with jurisdiction over the Hirer or the Equipment. If the Hirer fails to perform
the obligations in this clause, the Owner may, but is not obligated to, do so at the
Hirer's expense.
(c) Notwithstanding any other provision of this Agreement, the Hirer will not be required
to pay any tax, fee or charge if the Hirer is contesting the validity of same in the
manner prescribed by the legislation governing the imposition of same, or in the
absence of a prescribed form, in a reasonable manner. However, the Hirer will
indemnify and reimburse the Owner for damages and expenses incurred by the
Owner arising from or related to the Hirer's failure to pay any tax, fee or charge,
regardless of whether the Hirer is contesting the validity of the same or not.
(d) If the Hirer fails to pay any and all taxes, fees, and charges mentioned in this
Agreement and the Owner, on behalf of the Hirer, pays the same, the Hirer will
reimburse the Owner for the cost upon notification from the Owner of the amount.

6. Indemnity and Risk
6.1. Goods used at Hirer’s risk
The Hirer agrees to use, operate and possess the Equipment at the Hirer’s risk. The Hirer
agrees that the Owner will have no responsibility or liability for any loss or damage to any
property of the Hirer. To the full extent permitted by law the Hirer releases and discharges the
Owner and its agents and employees from:
(a) all claims and demands on the Owner; and
(b) any loss or damage whatsoever and whenever caused to the Hirer or its agents or
employees whether by way of death of, or injury to, any person of any nature or kind,
accident or damage to property, delay, financial loss or otherwise, arising directly or
indirectly from or incidental to a breakdown of, or defect in, the Equipment or any accident
to or involving the Equipment or their use, operation, repair, maintenance or storage

(whether occasioned by the negligence of the Owner or otherwise) or which may
otherwise be suffered or sustained in, upon or near the Equipment.
6.2. Indemnity against other costs and liabilities
The Hirer assumes liability for, and indemnifies and will keep indemnified, protected, saved
and harmless the Owner and its agents and employees from and against any and all injuries,
actions, proceedings, claims, demands, liabilities, losses, damages, costs, penalties and all
expenses legal or otherwise (including court costs and legal fees reasonably incurred) and of
whatsoever kind and nature (including claims based upon strict liability in tort):
(a) arising out of or alleged to arise out of the delivery, selection, purchase, acceptance or
rejection, ownership, possession, use (including by reason of the use or incorporation of
any invention resulting in infringements of patents), repair, maintenance, storage, or
operation of the Equipment, and by whomsoever used or operated (except where used
by the Owner or any person on behalf of the Owner);
(b) incurred by the Owner in respect of any loss of the Equipment by seizure, distress,
execution or other legal process, confiscation or forfeiture of the Equipment; or
(c) arising out of any claim for patent, trademark or copyright infringement, for strict liability,
or for any other reason being made against the Owner in connection with the Equipment
or their operation.
6.3. Survival of indemnities
The indemnities and assumptions of liability contained in clause 6.1 and clause 6.2 will
continue in full force and effect even though the termination of this Agreement whether by
expiration of time or otherwise as to any act or omission relating to the Equipment occurring
during the continuance of this Agreement which at any time is claimed to have created a
cause of action against the Owner or assumption of liability by the Hirer.
7. Loss, damage or breakdown of Equipment
(a) The Hirer will be responsible for any loss or damage to the Equipment irrespective of
how the loss or damage occurred (normal wear and tear excepted) during the Hire
Period.
(b) If there is a breakdown or failure of the Equipment, then the Hirer must return the
Equipment to the Owner at the Hirer's expense and the Hirer must not attempt to
repair the Equipment.

8. Insurance
8.1. The Owner will maintain current insurance policies in respect of the Equipment to its full
insurable value.
8.2. Extent of insurance
The Hirer must effect and maintain at all times during the Hire Period and any extension of
the Hire Period the following insurances
(a) public risk: public risk insurance relating to the Equipment for an indemnity (including
damage to property of any person) of not less than $20,000,000.00 or such other amount
as the Owner may from time to time reasonably stipulate.

9. Exclusion of Liability
9.1. Non-Excludable Terms and conditions
(a) If the Equipment has a value or are of a kind ordinarily acquired for personal, domestic
or household use or consumption such as to attract to this Agreement the operation of
the provisions of the Competition and Consumer Act 2010 (Cth) (CCA) (including the
Australian Consumer Law (ACL), appended as schedule 2 to the CCA) and any
relevant legislation of any other state or territory, certain conditions and warranties will
be implied into this Agreement and rights and remedies conferred upon the Hirer with
respect to the Equipment which cannot be excluded, restricted or modified by
agreement (Non-Excludable Terms).
(b) If there are any Non-Excludable Terms in this Lease the provisions of clause 9.2, 9.3 &
9.4 will not apply to them.
9.2. Implied terms and conditions regarding Goods excluded
The Hirer agrees that to the full extent permitted by law the Owner has not given any
condition, warranty or representation whatsoever in favour of the Hirer:
(a) as to the condition or quality of the Equipment including, without limitation, latent and
other defects and whether or not discoverable by the Owner or Hirer;
(b) as to the suitability or fitness for ordinary or any special use or purpose of the Equipment;
or
(c) as to the correspondence by the Equipment to any description of them.
9.3. Other implied terms and conditions excluded
(a) No further or other covenants or provisions, whether in respect of the Equipment or
otherwise will be deemed to be implied into this Agreement or will arise between the Hirer
and the Owner by way of collateral or other agreement by reason of any promise,
representation, warranty or undertaking given or made by the Owner. The existence of
any such implication or collateral or other agreement is by this negatived.
9.4. Exclusion of liability for loss
(a) The Hirer will assume all risks and liabilities for and in respect of the Equipment and
for all injuries to or deaths of persons and any damage to property howsoever arising
from the Hirer's possession, use, maintenance, repair or storage of the Equipment.
(b) To the extent permitted by law, in no event will the Owner be liable for any loss or damage
which the Hirer suffers arising from, or caused or contributed to by, the Owner’s
negligence or the negligence of the Owner’s servants or agents.

10. Title
(a) The Hirer acknowledges that the Owner retains title to the Equipment and that the Hirer
has rights to use the Equipment as a mere bailee only. The Hirer does not have any right
to pledge the Owner's credit in connection with the Equipment and agrees not to do so.
(b) The Hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge,
mortgage let or hire or otherwise part with or attempt to part with personal possession or

otherwise not to deal with the Equipment and not to conceal or alter the Equipment or
make any addition or alteration to, or repair of, the Equipment.
(c) The Hirer consents to the Owner effecting a registration on the Personal Property
Securities Register (in any manner the Owner considers appropriate) in relation to any
security interest as defined in the Personal Property Securities Act 2009 (Cth) arising
under or in connection with this Agreement and the Hirer agrees to provide all assistance
reasonably required by the Owner to facilitate this.

11. Repossession
(a) The Owner may retake possession of the Equipment if the Hirer breaches any provision
of this Agreement, notwithstanding anything else contained in this Agreement.
(b) If repossession occurs, the Owner will only charge the Hire Fee up to and including the
time of repossession.
12. Completion of the Hire Period
The Hire Period is completed when the Equipment has been returned to the Owner:
(a) in the same condition as when it was hired; and
(b) on or by the date and time outlined in the Schedule.
13. Default
(a) The occurrence of any one or more of the following events will constitute an event of
default ("Event of Default") under this Agreement:
(i) The Hirer fails to pay any amount provided for in this Agreement when such amount
is due or otherwise breaches the Hirer's obligations under this Agreement.
(ii) The Hirer becomes insolvent or makes an assignment of rights or property for the
benefit of creditors or files for or has bankruptcy proceedings instituted against it
under the bankruptcy law of Australia or another competent jurisdiction.
(iii) A writ of attachment or execution is levied on the Equipment and is not released or
satisfied within 10 days.

14. Remedies
(a) On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or
more of the following remedies ("Remedies"):
(i) Declare the entire amount of the Rent for the Term immediately due and payable
without notice or demand to the Hirer.
(ii) Commence legal proceedings to recover the Rent and other obligations accrued
before and after the Event of Default.
(iii) Take possession of the Equipment, without demand or notice, wherever same may
be located, without any court order or other process of law. The Hirer waives any
and all damage occasioned by such taking of possession.
(iv) Terminate this Agreement immediately upon written notice to the Hirer.
(v) Pursue any other remedy available in law or equity.

15. Non-merger
The covenants, agreements and obligations contained in this Agreement will not merge or
terminate upon the termination of this Agreement and to the extent that they have not been
fulfilled or satisfied or are continuing obligations they will remain in force and effect.
16. Severance
If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or
voidable, this Agreement must be construed as if that provision or part of a provision had been
severed from this Agreement and the parties remain bound by all of the provisions and part
provisions remaining after severance.
17. Governing law
This Agreement will be construed in accordance with and governed by the laws of . Each party
submits to the non-exclusive jurisdiction of the courts of there in connection with matters
concerning this Agreement.
18. Interpretation
(a) In this Agreement, unless the context otherwise requires:
(i) A reference to the singular includes the plural and vice versa;
(ii) A reference to any party to this Agreement includes the party's executors,
administrators, successors or permitted assigns, and where applicable, its servants
and agents;
(iii) A reference to an individual will include corporations and vice versa; and
(iv) If a word or expression is defined, its other grammatical forms have a corresponding
meaning.
(v) Headings are for convenience only and do not affect interpretation.

Executed as an agreement on

Executed by Flat Out Digger &
Equipment Hire Pty Ltd ACN 681 988
689 in accordance with section 127 of