Definitions
For the purposes of this Agreement:
“Ace Plant Hire” refers to Ace Plant Hire Pty Ltd ABN: 91 633 914 717.
“Contractor” refers to the subcontracted earthmoving operator and owner of the equipment.
“Hirer” is the client receiving the earthmoving and associated services.
“Work” means all earthmoving and related services supplied by the Contractor to the Hirer.
“Site” means the location where the Hirer’s Work is performed.
“Equipment” means any plant and/or machinery used in carrying out the Work.
Ace Plant Hire acts solely as an agent for the Contractor who has entered into a contract with the Hirer, as indicated on the front of the job docket. While Ace Plant Hire exercises care in selecting Contractors, it is not responsible for delays, defaults, or claims arising from the Contractor’s performance.
Hire rates are based on a minimum hire period as per Ace Plant Hire’s current price list.
A surcharge applies for night work, Sunday work, or work on public holidays (rates available on request).
The Hirer agrees to pay for:
The full hire period, including travel and float charges.
Freight, loading/unloading, and other transport-related costs.
Any tolls, levies, fines, or similar charges incurred by the Contractor.
Any damage or loss to Equipment caused during the hire period.
Tipping fees and quarry materials (where supplied on Ace Plant Hire’s account), which will incur a markup.
Card payments (MasterCard, Visa, or Bankcard) incur a surcharge.
Prior to the commencement of Work, the Hirer should:
Consult Ace Plant Hire or the Contractor to ensure Equipment suitability.
Obtain any required permits or plans from local or government authorities.
During the hire period, the Hirer must:
Clearly identify all underground and overhead services at the Site (e.g. sewer, gas, electrical). Plans are available via Dial Before You Dig.
Indemnify Ace Plant Hire and the Contractor from damage caused by unidentified services.
Be responsible for loss or damage due to Hirer or associated party negligence.
Fully indemnify Ace Plant Hire and the Contractor for any injury, property damage, or third-party claims.
Accept liability for costs incurred due to Equipment becoming bogged under Hirer direction.
Ensure people remain clear of Equipment while it is in use.
Not attempt any repairs without prior written consent from Ace Plant Hire.
Payment is due at the end of the hire period or as otherwise agreed.
Late payments incur interest at 2.5% per month.
The Hirer is liable for all collection and legal costs incurred in recovering outstanding amounts.
Equipment remains the sole property of the Contractor.
The Hirer must not sell, mortgage, sublet, or part with possession of the Equipment.
The Hirer must not assign the benefit of this Agreement.
The Hirer authorises Ace Plant Hire to:
Collect, retain, and share commercial or consumer information, in accordance with the Privacy Act 1988, with solicitors, debt collectors, credit agencies, and related professionals.
Make credit enquiries and share information with other credit providers regarding the Hirer’s credit history, defaults, or applications.
Statutory rights under State and Federal law that cannot be excluded remain in force.
Except for non-excludable rights, all warranties (express or implied), conditions, and remedies are excluded.
Ace Plant Hire is not liable for:
Increased costs or expenses
Loss of profit, revenue, contracts, or business opportunities
Third-party claims
Indirect, special, or consequential damages
Ace Plant Hire is not liable for delays or failure caused by factors beyond the Contractor’s control, including weather, strike, breakdown, or unavailability of materials.
The Hirer authorises Ace Plant Hire or its solicitors to:
Register a caveat over any real property owned by the Hirer to secure unpaid debts.
Register a PPSR charge over the Hirer’s assets.
If any provision in this Agreement is invalid or unenforceable in any jurisdiction, that provision will be adjusted or severed to the extent necessary, without affecting the validity of the remaining provisions.
These Terms and Conditions are governed by the laws of Queensland, Australia.
Any disputes will be submitted to the Brisbane Registry of an appropriate court with jurisdiction.
At Ace Plant Hire, our vision is to be the top provider of reliable, high-quality earthmoving services in Brisbane and South East Queensland, delivering exceptional results every time.
We Accept
Insured with
