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Forklift Hire / Rental Terms & Conditions


1. This hire Agreement shall begin on the Commencement Date and shall terminate on the earlier of
a) the Expiry Date, or
b) that date upon which the Hirer

•commits any breach of this Hire Agreement
•commits or suffers any set of bankruptcy
•(being a company) goes into liquidation or has a receiver appointed over any part of its understanding
•has execution or distress levied against him or his goods

2. The Hirer agrees to pay A-One Lift Truck Services Pty Limited
a) The Hire Charges in the amounts and at the times and place specified in the Schedule.

b) all stamp duty and other duties and taxes that may now or hereinafter be incurred in respect of this Hire Agreement and

c) all transportation charges reasonably incurred in making the equipment available to the Hirer at the Delivery point

3. On each anniversary of the commencement date the hirer charges shall be increased in proportion to the percentage increase for the same period in the Consumer Price Index (or Groups Sydney) or such other Index as may then have superseded that Index.

4. The Hirer agrees:

a) to insure the Equipment against fire accident and theft for its full insurable value in the names of A-One Lift Truck Services Pty Limited and the Hirer as to their respective interests.

b) to keep the Equipment in good repair and to carry out all daily maintenance checks and to make good any damage to equipment or any part thereof except to the extent that such damage or maintenance is due to fair wear and tear.

c) to repair puncture and replace worn tyres except to the extent that the wear and tear is caused by fair wear and tear.

d) To charge and top up with distilled water all batteries being part of the equipment and to keep a daily log thereof.

e) to use in connection with the Equipment only the best procurable fuels
and lubricants of a type and in accordance with the directions specified
by A-One Lift Trucks Services Pty Limited.

f) not to relocate the equipment without the permission of A-One Lift Trucks Services Pty Limited.

g) not to do or omit to do any act or thing likely to endanger the safety or condition of the Equipment.

h) to comply with all relevant Acts regulations and by-laws relating to the Equipment and its uses.

i) To maintain a log book recording the days and hours during which the Equipment was used and to make such log book available for inspection and copying by A-One Lift Trucks Services Pty Limited and its representatives, and

j) to allow the authorised representatives of A-One Lift Trucks Services Pty Limited to enter upon any premises on which the Equipment is located for the purpose of inspecting and testing the Equipment.

k) to make Equipment available during normal hours or to pay an additional charge if A-One Lift Trucks Services Pty Limited is required to service or repair the machine outside of normal working hours.

5. The Hirer acknowledges that he has no property or interest in the Equipment or
any part thereof and is a bailon only. Accordingly the Hirer agrees that he

a) Will make no additions to the Equipment without the written consent of
A-One Lift Trucks Services Pty Limited. Any additions made to the Equipment whether by replacement, substitution or otherwise shall form
part of the Equipment and shall be subject to the Hirer Agreement.

b) will not remove or obscure or deface any identifying mark, label or
device on the Equipment or any part thereof.

c) will not purport or attempt to sell or dispose of charge or encumber the Equipment or to assign his rights under this Hire Agreement.

6. a) All warranties representations promises conditions or statements regarding the Equipment whether express or implied including, without limiting the generality of the foregoing, warranties or conditions as to the suitability or fitness of the Equipment for any particular purpose are expressly excluded to the full extent permitted by law.

b) The liability of A-One Lift Trucks Services Pty Limited for the breach of any conditions or warranty implied in this Hire Agreement shall be limited to such one of the following as A-One Lift Trucks Services Pty Limited in its discretion may decide.

•the replacement of the defective Equipment or part thereof
•the payment of the cost of replacing the Equipment or part of equivalent Equipment or part.
c) Save as mentioned above, A-One Lift Trucks Services Pty Limited
shall not be liable for any damages or delay in delivery of the Equipment
or any consequential or economic loss or damage caused or
contributed to by the Equipment
d) The Hirer agrees to indemnify and hold A-One Lift Trucks Services
Pty Limited harmless from all claims costs and damages that
A-One Lift Trucks Services Pty Limited may suffer in respect of injury to person or property arising out of the Hirers use and custody of the Equipment.

7. a) Upon the termination of this Hirer Agreement in accordance with Clause 1, the hirer shall

•promptly return the Equipment to A-One Lift Trucks Services Pty Limited
•pay to A-One Lift Trucks Services Pty Limited all hire charges
that would otherwise have been payable from the date of termination of this agreement to the expiry date.
b) If the hirer does not promptly return the Equipment,
A-One Lift Trucks Services Pty Limited shall have the right to enter
into any premises on which it reasonably suspects the Equipment
to be and retake possession of the Equipment.

c) If A-One Lift Trucks Services Pty Limited does not retake possession
of the Equipment the Hirer shall immediately upon demand by
A-One Lift Trucks Services Pty Limited pay to A-One Lift Trucks Services Pty Limited the current market value of the Equipment.

8. In addition to the amounts previously referred to A-One Lift Trucks Services Pty Limited shall be entitled to charge and the Hirer shall pay

a) all costs and expenses of or associated with retaking possession of the Equipment.

b) interest at the rate of fourteen per cent (14%) per annum on any monies owing under this lease that may be overdue.

9. a) Notices may be served by prepaid ordinary post to the parties at the respective addresses appearing in this Hire Agreement.

b) The certificate of the secretary of A-One Lift Trucks Services Pty Limited shall be conclusive (absent manifest error) of any amount due owing or recoverable under this Hire Agreement.

c) Expressions used in these terms and conditions shall have the respective meaning attributed to them in the schedule.

d) This Hire Agreement shall be governed by the laws of New South Wales.

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