Ensea Developments Pty Ltd

Equipment Hire & Service – Terms and Conditions

Last updated: 09/04/2026

These Terms and Conditions apply to all equipment hire and related services provided by Ensea Developments Pty Ltd (“Ensea”, “we”, “us”, “our”).
By booking equipment or accepting a quote, you agree to these Terms, subject to any additional terms set out in your specific quote or scope of works.

If there is any conflict between these general Terms and the terms on your quote or scope, the quote/scope terms will apply.

1. Definitions

Equipment – any plant, machinery, tools, trailers or accessories supplied by Ensea, including the Kubota U27-4 excavator and trailer.
Hire – the supply of Equipment on a dry hire or wet hire basis.
Dry hire – Equipment supplied without an operator.
Wet hire – Equipment supplied with an Operator.
Services – any construction support, excavation, earthworks, land clearing, project management or related works performed by Ensea.
Client / You – the person or entity hiring Equipment or engaging Services from Ensea.
Site – the location where the Equipment is used or Services are performed.

2. Quotes, Scope and Acceptance

2.1. Ensea may provide a quote for Equipment hire and/or Services based on information you supply.

2.2. All quotes are subject to review of the actual site and scope. If conditions differ from what was described, Ensea may vary the quote.

2.3. A quote is accepted when you:

sign and return it,
reply in writing (including email) confirming acceptance, or
pay a required deposit or booking fee.

2.4. Your accepted quote and any attached scope of works form part of the contract and may include specific terms and conditions that apply to that job.

2.5. If there is any inconsistency, the specific terms on your quote/scope override these general Terms.

3. Hire Period and Availability

3.1. The hire period starts when:

the Equipment leaves Ensea’s yard or is delivered to Site, or
at the booked start time, whichever occurs first.

3.2. The hire period ends when:

the Equipment is returned to Ensea’s yard, or
Ensea collects the Equipment from Site, as agreed.

3.3. Minimum hire periods (e.g. half day / full day) and daily rates will be set out in your quote or booking.
3.4. Hire is subject to availability. Ensea may decline or reschedule a booking if Equipment is not available or conditions are unsafe.

4. Dry Hire – Client Responsibilities

4.1. For dry hire, you are responsible for:

selecting a competent and licensed operator,
ensuring all operators are familiar with the Equipment and safety requirements,
using the Equipment only for its intended purpose and within its rated capacity,
complying with all applicable laws, regulations and site rules.

4.2. You must:

keep the Equipment secure at all times,
prevent misuse, overloading or operation in unsafe conditions,
not alter, repair or modify the Equipment without Ensea’s written consent.

4.3. You are responsible for all damage, loss, theft or contamination to the Equipment during the hire period, except for fair wear and tear.

5. Wet Hire – Ensea Operator

5.1. For wet hire, Ensea supplies an operator to control and operate the Equipment.
5.2. The operator will follow reasonable directions from you or your site representative, but retains the right to:

refuse to operate in unsafe conditions, or
stop work if there is a risk to people, property or the Equipment.

5.3. You must ensure:

safe access to and from the Site,
the Site is reasonably prepared and free from hidden hazards (e.g. underground services not marked),
any required permits, approvals or site inductions are arranged.

5.4. Time spent by the operator waiting due to Site delays, access issues or unsafe conditions may be charged at the agreed hire rate.

6. Site Conditions and Underground Services

6.1. You are responsible for providing accurate information about:

ground conditions,
access constraints,
underground and overhead services (power, water, sewer, comms, etc.).

6.2. Unless expressly included in the quote, Ensea is not responsible for locating or marking underground services.
6.3. Ensea is not liable for damage to unmarked or incorrectly marked services where reasonable care has been taken.

7. Transport, Delivery and Collection

7.1. Transport or delivery charges will be set out in your quote or booking.
7.2. You must ensure:

suitable access for delivery vehicles and trailers,
a safe and level area for loading/unloading.
If collecting, ensure vehicle is rated to tow the required piece of equipment

7.3. If Ensea cannot deliver or collect due to access or safety issues, additional charges may apply for waiting time or re-attendance.

8. Care, Cleaning and Fuel

8.1. You must keep the Equipment:

reasonably clean,
free from excessive mud, concrete, debris or contamination.

8.2. Unless otherwise agreed:

Equipment is supplied with full tank and must be returned with a full tank, or
refuelling charges may apply.

8.3. Cleaning fees may be charged if Equipment is returned in an excessively dirty or contaminated condition.

9. Damage, Loss and Breakdown

9.1. You must notify Ensea immediately of any:

damage, fault, breakdown or safety concern,
loss or theft of Equipment.

9.2. Do not attempt repairs unless authorised by Ensea.
9.3. You are responsible for:

the cost of repairs for damage (other than fair wear and tear),
replacement costs for lost or stolen Equipment,
any call-out fees where damage is due to misuse or negligence.

9.4. If Equipment fails due to no fault of yours, Ensea may:

repair or replace the Equipment, or
adjust charges for the affected period, as reasonably determined.

10. Services and Project Support

10.1. Where Ensea provides Services (e.g. excavation, land clearing, construction support, project management), the detailed scope, rates and assumptions will be set out in your quote.

10.2. All Services are subject to review of the actual Site and scope. Variations may be required if conditions differ from what was described.

10.3. Any additional works, variations or delays outside the agreed scope may be charged at the agreed hourly or day rates, or as otherwise set out in your quote.

10.4. Each quote for Services may include specific terms and conditions relating to that job (e.g. access, staging, shutdown windows). Those specific terms will apply in addition to these general Terms.

11. Payment, Cancellations and Variations

11.1. Payment terms (including deposits, progress claims and final payment) will be set out in your quote or booking confirmation.

11.2. Ensea may require:

a deposit or booking fee before confirming hire or Services,
full payment before release of Equipment for certain hires.

11.3. Cancellations:

If you cancel within the minimum notice period stated in your quote or booking, cancellation fees may apply.
If Ensea cancels due to safety, weather or other reasonable cause, we will work with you to reschedule where possible.

11.4. Variations:

Any change to scope, hours, access or Site conditions may result in a variation to the price.
Variations will be discussed with you and may be confirmed in writing (including email or updated quote).

12. Insurance and Risk

12.1. You are responsible for having appropriate insurance for:

your own property and Site,
your personnel and contractors,
any consequential loss arising from delays or downtime.

12.2. Ensea maintains its own insurances for its business operations and Equipment, but this does not limit your responsibilities under these Terms

13. Liability

13.1. To the maximum extent permitted by law, Ensea is not liable for:

any indirect, special or consequential loss,
loss of profit, revenue, production or opportunity,
delays caused by weather, Site access, third parties or events beyond our control.

13.2. Where liability cannot be excluded, it is limited (at Ensea’s option) to:

re-supplying the hire or Services, or
paying the cost of having the hire or Services re-supplied.

14. Health, Safety and Compliance

14.1. Both parties must comply with all applicable work health and safety laws and Site rules.

14.2. Ensea may refuse to operate or supply Equipment where conditions are unsafe or non-compliant.

14.3. You must ensure all persons on Site stay clear of operating Equipment and follow directions from Ensea’s operator or representative.

15. Termination

15.1. Ensea may terminate hire or Services immediately if:

you fail to pay when due,
you breach these Terms and do not fix the breach when asked,
the Equipment is being used unsafely or illegally.

15.2. On termination, you must:

stop using the Equipment,
allow Ensea to access the Site to recover Equipment,
pay all outstanding amounts owing.

16. General

16.1. These Terms are governed by the laws of the State of Queensland, Australia.

16.2. If any part of these Terms is found invalid, the rest remains in force.

16.3. Ensea may update these Terms from time to time. The version in place at the time of your booking or quote acceptance will usually apply to that hire or job

Contact

For any enquiries about these Terms or your hire/quote, please contact:

Ensea Developments Pty Ltd
Email: enquiries@enseadevelopments.com
Phone: 0434 509 825