Forklift Hire

YOUR OBLIGATIONS UNDER THIS AGREEMENT

1. You must not allow or permit any persons to drive or operate the Equipment hired to you unless the person holds a relevant Certificate of Competency issued by the relevant Authority.

1. You must comply at your expense with all relevant Acts, Regulations and By-Laws relating to the Equipment and its use.

1. You must not do or omit to do any act or thing likely to endanger the safety or condition of the Equipment.

1. You must ensure that the Equipment is used only in a manner as like equipment is usually used and not allow the Equipment to be used illegally, improperly, for hire or otherwise for fare or reward.

1. You must secure against loss, theft, damage or destruction while the Equipment is not in use. Should any such damage or loss occur you shall be liable for rental payments until such time that Tassie Trucks Pty Ltd has received full recovery of cost.

1. You must keep the Equipment under your control at all times and not part with possession.

1. If during the rental period the Equipment or any part of the Equipment is lost or damaged due to misuse by you or your employees, contractors or agents other than by fair wear and tear, then you shall be responsible for reimbursement to Tassie Trucks Pty Ltd of the cost of repairing, replacing or making good the Equipment including all parts and labour.

1. If during the Rental Period you become aware of a defect or problem with the Equipment you must immediately cease using the Equipment and must ensure that it is not used until the defect or problem is rectified. You must immediately advise us of the defect or problem and must indemnify us for any expense or liability occasioned or arising as a result of your failure to comply.

1. As long as you remain in possession of the Equipment you must use that Equipment with the utmost care and carry out daily checks on oil and water levels.

1. You must repair punctures to the tyres of the Equipment and replace staked and damaged tyres except where due to fair wear and tear.

1. You must use in connection with the Equipment fuels and lubricants of a suitable type.

1. You must provide us or our representatives access to the Equipment during all reasonable business hours and access to your facilities so far as it may be necessary for us to efficiently repair and maintain the Equipment

1. You must not relocate the Equipment from the location stated in the Agreement without our prior written approval.

1. Standard Service Hours: 8.00am to 4.15 pm Monday to Friday except public holidays

1. After Hours Service: Minimum four (4) hours at applicable penalty rates.

1. Tassie Trucks Pty Ltd reserves the right to incorporate any administration fees/additional fees into the rental charge at any stage throughout the rental term if there is a requirement for Tassie Trucks Pty Ltd to outlay funds to enable us to invoice/service or rent equipment at the customer’s request

1. The Customer acknowledges that the PPSA is in force at the time of this agreement and Tassie Trucks Pty Ltd may register its interest under the Act; the customer will notify Tassie Trucks Pty Ltd of any other relevant securities over the equipment and grants Tassie Trucks Pty Ltd priority of security.

1. Unless otherwise agreed to in writing by the Supplier, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

1. The Customer undertakes to:

1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to;

register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register

register any other document required to be registered by the PPSA; or

correct a defect in a statement referred to in clause 11.3(a)(i) or 11.3(a)(ii);

1. YOUR INTERESTS IN THE EQUIPMENT AS A BAILEE

1. You have no property or interest in the Equipment or any part of the Equipment and are a bailee only.

1. You will not remove, obscure or deface any identifying mark, label or device on the Equipment or any part of the Equipment.

1. You will not purport or attempt to sell, dispose of charge or encumber the Equipment or assign your rights under this Agreement.

1. You must indemnify and hold us harmless from all claims, costs, damages, losses and expenses that we may suffer or incur arising directly or indirectly from any injury to any person or property as a result of the possession of the Equipment by you and/or the use of the Equipment by you or your employees, contractors or agents.

1. You must make good, indemnify and hold us harmless from all claims, costs, damages losses and expenses that we may suffer or incur arising directly or indirectly as a result of any breach by you of any of the terms or conditions or obligations required to be performed or observed by you pursuant to this agreement.

1. If the Equipment is hired by you for a period of twelve (12) months or more then you must comprehensively insure the Equipment and continue to insure the Equipment for as long as the Equipment is hired by you. You must insure against fire, accident malicious damage, theft and legal liability for third parties for a sum insured of no less than (5) five million dollars. You must provide a Certificate of Currency or such other evidence of insurance as may reasonably be required by us.

“Equipment” means that Equipment you have requested us to rent to you and which we have agreed to rent to you on the terms and conditions set out in this agreement.

"you and your" means the Company/Hirer as stated in the Rental Agreement.

"us we and ours" means Tassie Trucks Pty Ltd.