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An Equipment Rental Agreement is a document that an equipment provider and renter can enter when one or more pieces of equipment are being rented.
Equipment Rental Agreements can be used in most circumstances where a physical good (other than real estate) is being rented out. Through an Equipment Rental Agreement, a provider and renter can outline the terms and conditions of the rental of the equipment. The Agreement can contain provisions about the basic logistics of the rental, such as information about the price, security deposit and delivery of the equipment as well as the information required for an equitable relationship between the parties, such as risk of loss, clarification of who is responsible for maintaining the equipment, and an explanation of what is to occur in the event of a dispute.
However, this Equipment Rental Agreement is not designed to be used for renting real estate (such as a house, apartment or office). This Equipment Rental Agreement should only be used in the case of physical goods being rented out.
In the case of real estate, we have several other templates available that may be helpful. For renting property on a short term basis (for example, a bed and breakfast, or holiday rental), use our Licence Agreement - Holiday Rental. For a piece of commercial property, use our Commercial Lease Agreement (Non Retail).
We are constantly adding new documents to our site so if the appropriate document is not currently available, please check back soon.
How to use this document
If the parties need any background information regarding equipment rentals and relevant laws that they may need to consider, the Australian Government's Business website provides some helpful guidance.
This document can be prepared by a provider of equipment renting them out for personal or business reasons, or by a renter, looking to rent some equipment.
Various details about the parties, the equipment, and the transaction will need to be included.
Once the Agreement has been prepared, both parties can sign it, and have their signatures witnessed by an independent adult witness (they cannot witness each other). Each party should keep a signed copy of the Agreement for their own records.
Importantly, in some cases, it may be a requirement under the Personal Property Securities Act 2009 (Commonwealth) that the lease be registered on the Personal Property Security Register. For example, this may be the case if the equipment is being leased for more than two years, or if the equipment is being leased for an indefinite period (which ends up exceeding two years). Further information is available from the Australian Financial Security Authority. If in doubt, seek legal advice.
Equipment Rental Agreements in Australia are generally subject to principles of contract law.
If the equipment is being rented by a business, to an individual consumer, then the Australian Consumer Law which is set out in the Competition and Consumer Act 2010 (Commonwealth), may also be relevant.
If the equipment is being leased for more than two years, or if the equipment is being leased for an indefinite period (which ends up exceeding two years), then the Personal Property Securities Act 2009 (Commonwealth) may also apply.
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