Terms & Conditions

Customer (Hirer): The individual, business, or entity hiring Equipment from Lucent Hire or engaging Services, including its employees, contractors, agents, or any person using the Equipment or benefiting from the Services.

Equipment: All plant, machinery, trailers, vehicles, attachments, and accessories supplied by Lucent Hire.

Hire Period: The period commencing when the Equipment is collected or delivered and ending when it is returned or collected by Lucent Hire.

Hire Charges: All amounts payable under this Agreement including hire fees, service fees, delivery, cleaning, fuel, damage, downtime, recovery, and any additional costs.

Services: Includes (but is not limited to) slashing, grass cutting, vegetation clearing, transport, site works, and any labour or contracted works provided by Lucent Hire.

Wet Hire: Equipment supplied with an operator from Lucent Hire.

Dry Hire: Equipment supplied without an operator.

Chain of Responsibility (CoR): Obligations under the Heavy Vehicle National Law relating to safe transport and handling.

By requesting, booking, collecting, taking possession of, directing the use of, or using any Equipment supplied by Lucent Hire, or by engaging any Services (including where Equipment is operated by a Lucent Hire operator), the Customer:

2.1 Confirms they have read and understood this Agreement

2.2 Agrees to be legally bound by these Terms and Conditions in full

2.3 Acknowledges and agrees that acceptance of these Terms occurs upon any of the above actions, whether or not a written or signed agreement exists

Use, possession, control of Equipment, or receipt of Services constitutes full and binding acceptance of:

2.4 All Terms and Conditions

2.5 All Hire Charges, rates, and associated fees

2.6 All liability, risk, indemnity, and responsibility provisions

2.7 The Customer expressly agrees that they cannot rely on the absence of a signed agreement, purchase order, or formal contract to avoid or limit any obligation under these Terms

2.8 These Terms apply to all transactions, including initial and subsequent hires, extensions, variations, and additional services, unless otherwise agreed in writing by Lucent Hire

All communications, approvals, variations, off-hire requests, instructions, and changes must be confirmed in writing (including SMS or email):

2.9 Lucent Hire will rely on written communication as final and binding

2.10 Lucent Hire will not be bound by verbal discussions unless confirmed in writing

2.11 Any person acting on behalf of the Customer is deemed authorised to bind the Customer

Lucent Hire will:

3.1 Supply Equipment in good working order, clean, and fully fuelled

3.2 For Wet Hire, provide a qualified operator under reasonable direction of the Customer

3.3 Point out key safety features of the Equipment at the time of delivery or collection

3.4 Maintain insurance coverage for the Equipment, excluding any loss or damage caused by misuse, negligence, breach of this Agreement, or unauthorised use

4.1 General Operation

The Customer agrees to:

4.1.1 Ensure the Equipment is only operated by trained, licensed, competent, and experienced persons

4.1.2 Acknowledge that Lucent Hire does not provide training in the operation or use of Equipment or attachments

4.1.3 Ensure all operators are familiar with the safe and correct use of the Equipment prior to operation

4.1.4 Use the Equipment only for its intended purpose and within its rated capacity

4.1.5 Not misuse, overload, modify, or attempt repairs without written consent

4.1.6 Keep the Equipment secure and properly stored when not in use

4.1.7 Ensure Equipment is not used in unsafe, unsuitable, or prohibited environments (including underground, underwater, or hazardous conditions unless approved)

4.2 Safety & Training Acknowledgement

4.2.1 Lucent Hire will identify basic safety features of the Equipment upon delivery or collection only

4.2.2 This does not constitute operational training or instruction

The Customer is solely responsible for ensuring all operators:

4.2.3 Know how to safely operate the Equipment

4.2.4 Understand controls, limitations, and attachments

If assistance is required:

4.2.5 Phone support may be provided where possible

4.2.6 On-site assistance may be available at Lucent Hire’s discretion and will incur a call-out fee

The Customer acknowledges that:

4.2.7 Any downtime, delays, or loss caused by lack of knowledge, skill, or experience is their responsibility

4.2.8 No refunds, credits, or compensation will be provided in such cases

4.3 Chain of Responsibility (CoR)

The Customer agrees to:

4.3.1 Comply with all transport laws, including load restraint, weight limits, and towing requirements

4.3.2 Ensure towing vehicles are suitable, compliant, and roadworthy

4.3.3 Secure all Equipment in accordance with the National Load Restraint Guide

4.3.4 Accept full responsibility for all transport-related risks and compliance

4.4 Site Responsibility

The Customer must:

4.4.1 Ensure safe site conditions and proper supervision at all times

4.4.2 Prevent unauthorised access to Equipment

4.4.3 Complete all necessary service checks (e.g. Dial Before You Dig) before use

4.4.4 Accept responsibility for all damage caused on-site

5.1 A standard hire day is a maximum of 10 hours or until 5:00pm, whichever occurs first

5.2 Equipment must not be used for more than 8 hours in any 24-hour period unless approved

5.3 Late returns or unauthorised use will incur additional charges

5.4 Equipment must be returned clean, refuelled, and in the same condition as supplied

5.5 Early Off-Hire

5.5.1 If the Customer stops using the Equipment before the agreed end date, full Hire Charges remain payable

5.5.2 Off-hire is only effective once confirmed in writing by Lucent Hire

5.5.3 No refunds or credits will be provided unless agreed in writing

5.6 Collection

5.6.1 A minimum of 24 hours’ notice is required for collection

5.6.2 The Hire Period continues until Equipment is physically collected

5.6.3 Delays in collection do not reduce Hire Charges

The Customer agrees to:

6.1 Pay all Hire Charges and Service Fees in full by the invoice due date unless otherwise agreed

6.2 Pay in advance where required

6.3 Failure to pay by the due date constitutes a breach of this Agreement

6.4 Provide a valid credit or debit card for security and additional charges

Lucent Hire may charge for:

6.5 Cleaning at $75 + GST per hour

6.6 Refuelling at $3 per litre, or the prevailing market rate at the time of refuelling (whichever is higher), plus any reasonable administrative or handling costs incurred by Lucent Hire

6.7 Repairs or excessive wear

6.8 Lost or unreturned Equipment – theft if they have a machine stolen from site they have to pay the excess for insurance extra $1000 on top of excess fee as per insurance, plus any additional costs incurred by Lucent Hire including but not limited to administrative time, investigation, recovery efforts, loss of income, and any inconvenience associated with managing and resolving the incident

6.9 Damage and downtime costs

6.10 Recovery, transport, and labour

6.11 Legal and recovery costs

6.12 All payments made via credit or debit card will incur a 2.2% processing fee

7.1 A $2,500 + GST damage excess applies per Machine, per incident, plus any additional costs including but not limited to inconvenience, administration, loss of income (downtime), and associated recovery or management costs

7.2 The excess applies to each individual Machine, even if multiple are damaged in one incident

7.3 The damage excess is payable immediately upon demand

7.4 The damage excess is payable regardless of whether Lucent Hire makes an insurance claim or not

7.5 Lucent Hire reserves the right to repair Equipment in-house or externally

7.6 Lucent Hire may decide whether to claim on insurance

The Customer remains fully liable for:

7.7 All repair or replacement costs

7.8 Loss of income (downtime)

7.9 Labour, transport, and recovery costs

7.10 Any amount exceeding the damage excess

8.1 The Customer accepts full responsibility for all loss, damage, or theft of Equipment during the Hire Period

8.2 The Customer accepts full responsibility for any injury, death, or property damage arising from use of the Equipment

8.3 The Customer is responsible for ensuring competent operation and safe use at all times

8.4 Lucent Hire is not liable for indirect, consequential, or financial loss

8.5 The Customer agrees to indemnify Lucent Hire against all claims, losses, damages, and costs arising from:

8.5.1 Breach of this Agreement

8.5.2 Negligence or misuse

8.5.3 Failure to comply with laws or safety requirements

8.5.4 Site conditions or instructions provided by the Customer

9.1 If any amount remains unpaid after the due date, Lucent Hire may charge interest on overdue amounts and a $40 late payment fee

9.2 Lucent Hire may refer the debt to a collection agency

9.3 Lucent Hire may commence legal proceedings without further notice

9.4 The Customer agrees to pay all costs incurred in recovering the debt, including:

9.4.1 Debt collection fees

9.4.2 Legal costs on a full indemnity basis

9.4.3 Administrative and enforcement costs

9.5 Lucent Hire reserves the right to suspend or refuse future services

9.6 Lucent Hire may recover outstanding amounts through QCAT or relevant courts

10.1 Lucent Hire may terminate this Agreement immediately if:

10.1.1 The Customer breaches any term

10.1.2 The Customer becomes insolvent

10.1.3 Equipment is not returned when due

10.2 Lucent Hire may enter any site to recover Equipment without notice

10.3 The Customer grants full access

10.4 The Customer waives any claim related to repossession

11.1 The Customer agrees to pay all legal and recovery costs on a full indemnity basis

11.2 The Customer agrees to attempt to resolve disputes in good faith

11.3 If unresolved, disputes will be subject to the jurisdiction of Queensland courts and QCAT

12.1 If the Customer is a company or trust, the signatory personally guarantees all obligations

12.2 The signatory is jointly and severally liable for all amounts

12.3 The signatory indemnifies Lucent Hire for all breaches

13.1 Scope of Services

13.1.1 Lucent Hire may provide services including slashing, grass cutting, vegetation clearing, site works and general labour

13.1.2 All Services are subject to these Terms and Conditions

13.2 Site Conditions & Customer Responsibilities

13.2.1 The Customer must ensure the site is safe, accessible, and suitable for machinery

13.2.2 The Customer must remove or clearly identify all hazards prior to work commencing

13.2.3 This includes rocks, debris, metal, wire, hidden objects, tree stumps, roots, uneven ground, underground services, irrigation, and utilities

13.2.4 Lucent Hire is not responsible for damage caused by hidden, undisclosed, or unsafe site conditions

13.3 Nature of Slashing Services

13.3.1 Slashing is a general clearing service and not a precision finish

13.3.2 Results will vary depending on terrain, vegetation, weather, and site conditions

13.3.3 No guarantee is provided regarding finish or outcome unless agreed in writing

13.4 Damage & Liability (Services)

13.4.1 The Customer accepts full responsibility for damage to property, structures, fencing, vehicles, or underground services

13.4.2 The Customer accepts responsibility for any injury, loss, or incident arising from site conditions

13.4.3 The Customer indemnifies Lucent Hire against all claims arising from unsafe site conditions, hidden hazards, or Customer instructions

13.5 Payment for Services

13.5.1 All Services must be paid in full by the invoice due date

13.5.2 Failure to pay will result in debt recovery action and additional costs as outlined in Clause 9

14.1 This Agreement is governed by the laws of Queensland, Australia

15.1 These Terms are published on the Lucent Hire website

15.2 Being directed to these Terms constitutes sufficient notice

15.3 Continued engagement, booking, or use constitutes full acceptance

15.4 A signed agreement is not required for enforceability

17.1 The Customer acknowledges and agrees that certain charges under this Agreement, including but not limited to damage excess amounts, administrative fees, inconvenience costs, downtime charges, recovery costs, and late payment fees, represent a genuine pre-estimate of the loss likely to be suffered by Lucent Hire in the event of breach, damage, loss, delay, or non-compliance

17.2 The Customer agrees that such amounts are reasonable, proportionate, and necessary to protect Lucent Hire’s legitimate business interests, including operational disruption, loss of income, allocation of resources, and administrative burden

17.3 These amounts are agreed to be liquidated damages and not a penalty

17.4 To the extent permitted by law, the Customer waives any right to dispute such charges on the basis that they are excessive, unreasonable, or constitute a penalty

8.1 The Customer acknowledges that this Agreement constitutes a security agreement for the 

purposes of the Personal Property Securities Act 2009 (Cth)

18.2 The Customer grants Lucent Hire a security interest in all Equipment supplied under this Agreement and in any proceeds arising from its use

18.3 The Customer consents to Lucent Hire registering its security interest on the Personal Property Securities Register (PPSR)

18.4 The Customer agrees to do all things necessary to enable Lucent Hire to perfect and maintain its security interest, including providing all requested information and executing any required documents

18.5 The Customer must not sell, lease, dispose of, or grant any interest in the Equipment without prior written consent from Lucent Hire

18.6 To the extent permitted by law, the Customer waives its rights under sections 95, 96, 121(4), 125, 130, 132(3)(d), and 132(4) of the Personal Property Securities Act

18.7 The Customer agrees that Lucent Hire is not required to give notice under sections 95, 118, 121(4), 130, or 132 of the Personal Property Securities Act unless required by law

18.8 The Customer agrees to reimburse Lucent Hire for all costs associated with registering, maintaining, or enforcing its security interest

19.1 The Customer confirms they have read and understood this Agreement

19.2 The Customer accepts full responsibility for Equipment and Services

19.3 The Customer acknowledges that:

19.3.1 Only basic safety features were pointed out

19.3.2 No operational training was provided

19.3.3 They are responsible for ensuring all operators are competent

19.4 The Customer accepts all risks associated with use of Equipment and Services