Ready Power agrees to hire the equipment on the terms set out in this Agreement. These Terms together with any Special Conditions specific to the type of Equipment hired, set out the terms of the hire agreement (the 'Hire Agreement') between the Customer and Ready Power.

The provision or acceptance of the Hire Schedule shall not form a separate agreement, but shall constitute part of this Hire Agreement.

ACL means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth); Consumer means a consumer as that term is defined in the ACL; Guarantees means the guarantees relating to the supply of goods and services contained in the 'Credit Application' means any application for a Credit Account completed by You; Law/s means any statute, regulations, rule, proclamation, ordinance, or by-law, present or future, and whether state, federal or otherwise; Equipment means any equipment provided to You under the Hire Agreement, including any associated or attached tools, accessories and parts available for hire; Off Hire Date means the date that You expect the Hire Period to end. This date is set out in the Hire Schedule; Hire Charge means the rates and charges payable by You for the hire of the Equipment plus a security deposit of $500 or such other amount as Ready Power shall determine; Hire Period means the period described in the Hire Schedule; Hire Schedule means the document provided to You which includes details of the Equipment You have hired, the Hire Charge, any other applicable charges, the Expected On and Off Hire Dates and the address for delivery of the Equipment; Licence to Perform High Risk Work Licence to Perform Electrical Work means a validly issued licence issued pursuant to Law by the relevant Regulatory Authority Long Distance Location is a location in excess of 50km from Ready Power address; PPS Law means the Personal Property Securities Act 2009 (Cth) (as amended) and any other legislation and regulations in respect of it and the words in this Hire Agreement have the respective meanings given to them in the PPS Act.; Ready Power means Nicholls Services Pty Ltd ABN 97 608 145 393; Regulatory Authority means any public authority or government agency responsible for regulating the performance of electrical works; You/Your refers to the person, firm, partnership, corporation, trust or other entity hiring Equipment. The reference to You/Your includes any of your employees, agents and contractors.

Ready Power agrees to hire the Equipment to You and will:

(a) provide the Equipment to You in good working order; and

(b) allow You to take and use the Equipment during the Hire Period.

• 4.1 This Hire Agreement is personal to You, cannot be assigned or transferred by You and You must not allow, nor authorise, any other person or entity to use, re‑hire or have possession of the Equipment at any time.
• 4.2 You agree that before taking delivery of the Equipment, You have satisfied Yourself as to the suitability and condition of the Equipment and You will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer. Ready Power makes no representations and give no assurance that the Equipment is suitable for Your intended purpose.
• 4.3 You must:

(a) operate the Equipment safely, strictly in accordance with all Laws, only for its intended use and in accordance with the manufacturer's instructions;

(b) ensure persons operating or installing the Equipment are suitably trained on its safe and proper use, qualified to use the Equipment and where necessary, hold a current Licence to Perform High Risk Work and Licence to Perform Electrical Work;

(c) wear suitable clothing and protective equipment when operating the Equipment as required or recommended by Ready Power or the manufacturer;

(d) ensure that no persons operating the Equipment are under the influence of drugs or alcohol;

(e) display all safety signs and instructions (as required by law), and ensure that all instructions and signs are observed by operators of the Equipment.

• 4.4 You must:

(a) clean, fuel, lubricate and keep the Equipment in good condition and in accordance with the manufacturer's instructions at Your own cost;

(b) not in any way alter, modify, tamper with, damage or repair the Equipment;

(c) not deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Equipment; and

(d) not remove fuel or oil tank caps, bund plugs or seals from the Equipment and ensure that they are in place when You return the Equipment;

• 4.5 At all times during the Hire Period, You must store the Equipment safely and securely.
• 4.6 You will allow Ready Power to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If Ready Power cannot inspect or maintain the Equipment during normal working hours, then additional charges may apply.
• 4.7 You must ensure the safe loading, securing and transporting of all Equipment in accordance with all Laws and manufacturer's guidelines. You must observe any safety directions advised by Ready Power and/or the manufacturer of the Equipment to ensure its safe loading and handling. You have read the Towing – Trailer Pre-Tow Checklist (as published on the Ready Power website) and satisfied yourself and assure Ready Power that your vehicle, or the vehicle that will carry the Equipment or tow the trailer with the Equipment, is legally able to do so.
• 4.8 You must ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). You must advise Ready Power of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, you must effectively decontaminate the Equipment, as well as provide Ready Power with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.

• 5.1 The Hire Period commences on the earlier of the following:

(a) the time the Equipment is delivered to the address in the Hire Schedule; or

(b) if you request pick up and drop off of the Equipment, the time at which You take possession of the Equipment.

• 5.2 The Hire Period ends when the Equipment is returned to Ready Power.
• 5.3 The Hire Period includes weekends and public holidays.
• 5.4 A minimum Hire Period may apply in respect of certain items of Equipment. Ready Power will advise you at the time of hiring if a Minimum Hire Period applies. If You return the Equipment before the expiration of the Minimum Hire Period, You are required to pay all Hire Charges in respect of the Minimum Hire Period.

• 6.1 The Hire Charge is set out in the Hire Schedule.
• 6.2 The Hire Schedule will specify the type of rate which will apply to You and the method of calculation.
• 6.3 You will be charged for the hire of Equipment for the full Hire Period. For the avoidance of doubt, You must continue to pay the Hire Charges and other charges after the Expected Off Hire Date if You have not returned the Equipment to Ready Power by the Expected Off Hire Date. This obligation survives termination of the Hire Agreement.
• 6.4 Hire Charges will commence from the Hire Period and continue until the date the Hire Period ends The Equipment must be delivered to Ready Power on the Off Hire Date as per the Hire Schedule, otherwise additional charges may apply.
• 6.5 The security deposit shall be retained by Ready Power for the duration of the Hire Period and subject to the next clause, be returned to you when the Hire Period ends.
• 6.6 Ready Power may deduct the cost to Ready Power of any failure by You to comply with and observe the terms of this Hire Agreement. By accepting the terms of the Hire Agreement, You authorize Ready Power to make any such deduction.

6.7 The security deposit shall be paid to Ready Power prior to the hire of the Equipment.

In addition to the Hire Charges, You agree to pay:

(a) for any consumables, fuel or trade materials;

(b) if You require the Equipment to be delivered or installed by Ready Power, the cost of delivery, collection or installation, as detailed in the Hire Schedule.

(c) if You do not return the Equipment in clean and good working condition, charges for the cleaning and repair of the Equipment;

(d) a charge for refilling fuel tanks;

(e) any stamp duty or GST arising out of this Hire Agreement;

(f) any other applicable levies, fines, penalties and any other government charges arising out of Your use of the Equipment;

(g) charges for payment made by credit card;

(h) charges in connection with the administration of Your Credit Account, as detailed in the Hire Schedule which may include printing and postage costs;

(i) any reasonable charges incurred by Ready Power if inspection or maintenance on the Equipment cannot be carried out during normal working hours.

• 8.1 You must pay all Hire Charges and other fees, charges and costs that become due and payable under this Hire Agreement as follows:

(a) for Equipment hire for 14 days or less on the date of this invoice and prior to the hire of the Equipment; and

(b) for Equipment hire for longer than 14 days within 14 days of the date of invoice.

• 8.2 If You do not pay the invoice in full by the payment due date, the following are payable in addition to any other costs recoverable under this Hire Agreement:

(a) interest, calculated monthly, on the total outstanding balance. The interest rate used to calculate the interest payable for the month is the Ready Power bank overdraft rate plus 2%; and

(b) any costs and expenses (including any commission payable to any commercial or mercantile agents and legal costs) incurred by Ready Power in recovering any unpaid amounts under this Hire Agreement.

• 9.1 You acknowledge that Ready Power owns the Equipment and in all circumstances retains title to the Equipment. Your rights to use the Equipment are as a bailee only.
• 9.2 You are not entitled to offer, sell, assign, sub‑let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Equipment in any way

You are responsible for any loss, theft or damage to the Equipment from any and every event whatsoever and howsoever and by whosoever caused during the Hire Period.

• 11.1 You must return the Equipment to Ready Power in the same clean condition and good working order it was in when You received it, ordinary fair wear and tear excluded.
• 11.2 It is your responsibility to return the Equipment at the agreed time and date as per the Hire Schedule.

• 12.1 In the event that the Equipment breaks down or becomes unsafe to use during the Hire Period You must:

(a) immediately stop using the Equipment and notify Ready Power;

(b) take all steps necessary to prevent injury occurring to persons or property as a result of the condition of the Equipment;

(c) take all steps necessary to prevent any further damage to the Equipment itself; and

(d) not repair or attempt to repair the Equipment without Ready Power written consent.

• 12.2 Upon receiving notice from You, Ready Power will:

(a) take all reasonable steps to repair the Equipment or provide suitable substitute Equipment as soon as reasonably possible after being notified by You; and

(b) not impose a Hire Charge for that portion of the Hire Period for which the Equipment was broken down or unsafe, nor the costs associated with any repair or replacement of the Equipment.

• 13.1 If the Equipment has broken down or become unsafe to use as a result of Your acts or omissions, (or the acts or omissions of Your employees or contractors) or if the Equipment is lost, stolen or damaged beyond fair wear and tear during the Hire Period, You will be liable for:

any costs incurred by Ready Power to recover and repair or replace the Equipment; and

the Hire Charges for that portion of the Hire Period during which the Equipment is being recovered and repaired or replaced,

13.2 Provided that You pay the costs and charges described in clause 13.1, Ready Power will return or replace the Equipment, and You must continue to pay the Hire Charges for the remainder of the Hire Period.

• 14.1 Subject to clause 14.3, and except as expressly provided to the contrary in this Hire Agreement, all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to this Hire Agreement or its subject matter are excluded to the maximum extent permitted by law.
• 14.2 Nothing in this Hire Agreement excludes, restricts or modifies any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Consumer Guarantees.
• 14.3 Where a guarantee, term, condition, warranty, undertaking, inducement or representation imposed by legislation in relation to this Hire Agreement cannot be excluded, (Non‑Excludable Provision), then Ready Power's liability for breach of Non‑Excludable Provision is limited to:

(a) in the case of goods, the repair or replacement of the goods or the supply of substitute goods (or the cost of doing so); or

(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

• 14.4 Subject to Ready Power obligations under the Non‑Excludable Provisions and to the maximum extent permitted by law, the maximum aggregate liability for all claims under or relating to this Hire Agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, is limited to an amount equal to the fees paid by You under this Hire Agreement. In calculating the Ready Power aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by Ready Power for a breach of any Non‑Excludable Provisions.
• 14.5 Ready Power will not be liable to You for any consequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business
• 14.6 for or any loss suffered by third parties under or relating to this Hire Agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under Law, under an indemnity, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
• 14.7 You are liable for and indemnify Ready Power against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Ready Power and any environmental loss, cost, damage or expense) in respect of:

(a) personal injury;

(b) damage to property; or

(c) a claim by a third party,

in respect of Your hire or use of the Equipment or Your breach of the Hire Agreement.

• 14.8 Each indemnity in this Hire Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this Hire Agreement. It is not necessary for a party to incur expense or make any payment before enforcing a right of indemnity conferred by this Hire Agreement.

14.9 Ready Power will not be liable to You for any acts or omissions of any person where that person is acting under Your direction and control during the Hire Period and you indemnify Ready Power against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Ready Power and any environmental loss, cost, damage expense) arising from or incurred in connection with such acts or omissions.

If you elect to pay the Damage Waiver Fee, Ready Power will not hold you responsible for any loss, theft or damage (all called Loss in this clause) as per clause 10 or this clause 15, provided that such Loss is covered by Ready Power's insurance policy, a copy of which can be provided upon request. If Ready Power is required to claim on its insurance policy, You will be responsible for and indemnify Ready Power for an excess payable by it. If any Loss is not covered by Ready Power's insurance policy or a claim by Ready Power is in any way denied, You will be responsible for any Loss and indemnify Ready Power for any such Loss.

• 16.1 Either party may terminate this Hire Agreement and any Hire Period immediately by giving notice to the other party, if:

(a) that other party breaches any term of the Hire Agreement and fails to remedy the breach within 7 days of written notification of the breach; or

(b) that other party becomes bankrupt or insolvent, executes a personal insolvency agreement, enters into liquidation, administration, receivership or ceases to carry on business.

• 16.2 Ready Power may terminate the Hire Agreement and any Hire Period for any other reason on 24 hours' notice.
• 16.3 Ready Power may terminate the Hire Agreement immediately if You or any third party has made a false statement in, or breached any provision of this Agreement.
• 16.4 These rights of termination are in addition to any other rights either party has under the Hire Agreement and does not exclude any right or remedy under law or equity.

If You are in breach of the Hire Agreement or if the Hire Agreement or a Hire Period has been terminated, Ready Power may, at Your cost, take all steps necessary (including legal action) to recover the Equipment, including entering Your premises to do so for the purposes of recovering the Equipment.

If You receive or collect the Equipment and find that it is broken, damaged and/or defective, You must notify Ready Power within 24 hours after You receive or collect the Equipment. If You do not notify Ready Power within this time period, it will be assumed that the Equipment You collected or received was in good order and condition.

• 19.1 This clause 19 applies if You hire Equipment for use at a Long Distance Location.
• 19.2 The PMP for all Equipment located at a Long Distance Location will be subject to a per kilometre charge both to and from the premises nominated by You. There will be no charge for the first 50 km either way.
• 19.3 You remain responsible for daily maintenance and care of all Equipment, including but not limited to, checking of all fluids (fuel, oil, water, battery levels, waste tanks etc.), checking of all hoses (hydraulic, fuel and water), general tightening of any loose nuts, bolts, belts or fittings and lubrication of all grease points.
• 19.4 If the Equipment breaks down at a Long Distance Location, You will also pay Ready Power the costs associated with any attendance to the Long Distance Location in addition to any other costs payable under this Hire Agreement.

• 20.1 Ready Power may register its security interest in relation to any security interest contemplated or constituted by this Hire Agreement in the Equipment.
• 20.2 You undertake to:

(a) do anything that is required by Ready Power:

(i) so that Ready Power acquires and maintains perfected security interests under the PPS Law in respect of the Equipment;

(ii) to register a financing statement or financing change statement; and

(b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement; and

(c) not create or purport to create any security interest in the Equipment, nor register, or permit to be registered, a financing statement or a financing change statement in relation to Equipment in favour of a third party.

• 20.3 You

(a) waive Your right under section 157 of the PPS Law to receive a copy of the verification statement relating to a security interest created under the Hire Agreement;

(b) agree that to the extent permitted by the PPS Law, the following provisions of the PPS Law will not apply and contracted out of: section 95 (to the extent that it requires the secured party to give notices to the grantor; section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and

(c) agree that the following provisions of the PPS Law will not apply and You will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.

• 20.4 Unless otherwise agreed and to the extent permitted by the PPS Law, information of the kind referred to in section 275(1) of the PPS Act may not be disclosed to an interested person, or any other person requested by an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPS Law to authorise the disclosure of the above information.
• 20.5 For the purposes of section 20(2) of the PPSA, the collateral is Equipment including any Equipment which is described in any Hire Schedule. This Hire Agreement is a security agreement for the purposes of the PPS Law.

20.6 You agree to notify Ready Power in writing of any change to Your details set out in the Credit Application, within 5 days from the date of such change.

• 21.1 The Australian Privacy Principles will be observed.
• 21.2 Personal information about You may be collected, including but not limited to, Your full name and address, drivers licence details, credit card details, date of birth, and credit or business history. Copies of the personal infomation may be taken and held by Ready Power for the duration of the Hire Period. You consent to Ready Power using Your personal information in order to:

(a) fulfil functions associated with the hire of Equipment to You, including but not limited to assessing Your credit worthiness, or exercising rights under PPS Law;

(b) provide services to You;

(c) prevent theft of the Equipment;

(d) enter into contracts with You or third parties; and

• 21.3 You have the right to access the personal information that is held.

• 22.1 Subject to clause 22.2, neither party will be responsible for any delays in delivery or installation due to causes beyond their control including but not limited to acts of God, war, terrorism, civil commotion, riots, embargoes, pandemics, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.
• 22.2 Nothing in clause 22.1 will limit or exclude Your responsibility and liability under the Hire Agreement for Equipment that is lost, stolen or damaged beyond fair wear and tear during the Hire Period, or has broken down or become unsafe to use as a result of Your conduct or negligence.

If any part of this Hire Agreement becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.

The Hire Agreement is governed by the laws of Queensland and each party submits to the non‑exclusive jurisdiction of the courts of that State in respect of any proceedings arising in connection with the Hire Agreement. Each party waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.

The Hire Agreement comprises the entire agreement between the parties. No additional terms and conditions (including any terms contained in any purchase order supplied by You) apply to the hire of the Equipment unless the Hire Agreement is varied in accordance with clause 26.

Ready Power may vary this Hire Agreement at any time.

No delay or omission by a party to exercise any right, power or remedy available to that party as a result of a continuing breach or default under the Hire Agreement will impair any such right, power or remedy, nor will it be construed to be a waiver of that party's rights to take action or make a claim in respect of a continuing breach or default.

• 28.1 From time to time Ready Power may review any Credit Account We have granted to You without notice.
• 28.2 Ready Power may decide to withdraw credit for any reason, including but not limited to if Your circumstances change, You fail to make payments on time or You fail to use the Equipment in accordance with the terms of the Hire Agreement.
• 28.3 If credit is withdrawn, you may terminate this Hire Agreement immediately by giving Ready Power written notice. However, if You do so You must:

(a) pay amounts that were subject to credit in accordance with the terms on which that credit was provided; and

(b) pay all amounts due under this Hire Agreement, including hire charges until the Equipment is returned to Ready Power.

• 29.1 The person signing any document which forms part of the Hire Agreement for and on behalf of You hereby warrants that he or she has Your authority to enter into the Hire Agreement on Your behalf and grant the security interests in connection with it and is empowered to bind You to the Hire Agreement and each security interest granted in connection with it.
• 29.2 The person signing this Hire Agreement indemnifies Ready Power against all losses, costs and claims incurred by Ready Power arising out of the person so signing this Hire Agreement not in fact having such power and/or authority.

Ready Power may assign this Hire Agreement to any third party without Your consent (including a Related Body Corporate).