Equipment hire terms and conditions checklist.
If you list tools or equipment for hire through Prum, you are responsible for creating the terms and conditions that apply between you and the person hiring your equipment.
This checklist outlines some of the important information you should consider including in your equipment hire terms and conditions.
Prum is not a party to your equipment hire agreement.
Prum Group Pty Ltd is not a party to any hire agreement between you and a Lessee. We only provide our Platform to connect you with Lessees.
Create your own terms
You are solely responsible for creating your own equipment hire terms and conditions and seeking independent legal advice.
Comply with applicable laws
You are solely responsible for ensuring your terms comply with all applicable laws.
Enforce your terms
You are solely responsible for enforcing your terms with Lessees.
Manage disputes
You are solely responsible for any disputes or issues arising from your hire agreements.
Your hire terms must be included in your listing.
As required by the Prum Marketplace Terms, clause 2.2, you must include all your hire terms and conditions in your Offer Listing.
When a Lessee pays the Offer Price, they accept your terms.
Before publishing your listing
- Prepare your equipment hire terms and conditions
- Include the complete terms in your Offer Listing
- Make your fees and requirements clear
- Check that the terms apply to the equipment being listed
- Seek independent legal advice where required
What should your equipment hire terms include?
When creating your equipment hire terms and conditions, you should include things like the equipment details, hire fees, use and care requirements, return conditions and any additional clauses that apply to the agreement.
Basic details.
Your terms should clearly identify the equipment being made available for hire.
The description should be clear enough for the Lessee to understand which item is covered by the agreement.
Include:
- Clear description of the equipment
Fees and charges.
Your terms should clearly explain the hire rate and any other charges that may apply during or after the equipment hire.
Hire rate
Include the daily or hourly hire rate that applies to the equipment.
Late return fees
Explain any fees that apply if the equipment is not returned by the agreed date or time.
Security deposit
Include the security deposit amount, if applicable, and explain when it will be returned.
Other charges
Include any other charges, such as charges for damage, cleaning or repairs.
Equipment use and care.
Your terms should explain the condition of the equipment, how it must be used and who is responsible if it is damaged or lost.
Equipment condition
Include confirmation that the equipment is safe and properly maintained.
Proper and safe use
Include a requirement that the equipment must be used properly and safely.
Instructions for use
Include any instructions for use or explain where those instructions can be found.
Skills and experience
Include a requirement that the Lessee has the necessary skills and experience.
Damage or loss
Explain responsibility for damage to or loss of the equipment.
Return requirements.
Your terms should make it clear when, where and in what condition the equipment must be returned.
Return time and location
State when and where the equipment must be returned.
Return condition
State the condition the equipment must be in, such as clean or refuelled.
Late or failed return
Explain the consequences of a late return or failure to return the equipment.
Additional clauses.
Your terms may also need additional clauses dealing with ownership, termination, liability, governing law and Australian Consumer Law.
Ownership of equipment
Include confirmation that you own the equipment and that the Lessee is only hiring it.
Termination rights
Explain any rights to terminate the hire, whether by you, the Lessee or both parties.
Liability provisions
Include any liability provisions that apply to the equipment hire agreement.
Governing law
State the governing law of the contract, such as the laws of New South Wales.
Australian Consumer Law
Include a reference to Australian Consumer Law where applicable.
Review your terms carefully before publishing.
Your equipment hire terms should be relevant to the equipment being offered and clearly explain the agreement between you and the Lessee.
You are responsible for ensuring your terms are complete, comply with applicable laws and are included in your Offer Listing.
Final review checklist
- The equipment is clearly described
- All hire rates and charges are explained
- Use and care requirements are included
- Return conditions are clear
- Responsibility for damage or loss is addressed
- Any additional legal clauses have been considered
- Independent legal advice has been obtained where required
Create your terms before listing your equipment.
Review the Prum Marketplace Terms, seek independent legal advice and include your complete equipment hire terms and conditions in your Offer Listing.
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