Terms and Conditions
TERMS AND CONDITIONS OF RENTAL OF EQUIPMENT
1. In these terms and conditions each of the words mentioned herein shall have the meaning respectively set against it, VIZ,
a) PAKENHAM FORKLIFT SERVICES. Shall mean and include the owner of the EQUIPMENT the subject of the hire.
b) RENTER shall mean and include any person firm or corporation to whom or to which EQUIPMENT AS HEREIN DEFINED IS RENTED BY
C) INDEMNITY whenever hereinafter it is provided that the Renter shall indemnify PAKENHAM FORKLIFT SERVICES.
d) Then the indemnity to be provided shall be a full and complete indemnity from and against liability in respect of the particular claim or demand referred to and from and against costs and other expenses incurred in prosecuting the same.
(d) EQUIPMENT shall mean and include any forklift, machine, sweeper, plant or vehicle with all accessories and other equipment attached thereon or used in connection therewith rented out at any time to a RENTER.
2. The Renter shall be responsible for damage to the equipment if it is used for any other purpose other than that for which was expressly rented or if it is employed to lift any load which is beyond its rated lifting capacity, or operated in a manner contrary to normal and sound
a) The Renter shall indemnify PAKENHAM FORKLIFT SERVICES, and the employees of PAKENHAM FORKLIFT SERVICES. from and against all claims which may be made
against either of them for damages or otherwise, in respect of any loss, damage death or injury caused by or in the course of, arising out of the use of the equipment whilst the equipment is on rent to, or in custody of the Renter, his agent, or any other person acting on behalf of the Renter.
b) The Renter is responsible for loss of or damage to or failure of the equipment whilst it is on rent, fair wear and tear only accepted, which is reported during the rental period, or discovered upon the hire and return to PAKENHAM FORKLIFT SERVICES.
4. During the period of rent the Renter shall observe and comply with the provision of all Statutes Acts and Ordinances and Regulations made there under in force in relation to the work on which the equipment shall be employed and the manner of performance of such work in relation to the premises in or on or about which such work is being performed and shall indemnify PAKENHAM FORKLIFT SERVICES. From and against all claims for damage or otherwise whenever the equipment is used in breach thereof.
5. PAKENHAM FORKLIFT SERVICES. Shall have the right to determine the type of operation or location on or in which the equipment may reasonably be employed and the suitability of the equipment for the work to be done and to terminate the rent at any time.
6. The Renter shall not be entitled to damages or compensation from PAKENHAM FORKLIFT SERVICES. For any loss suffered by reason of late delivery or breakdown of the equipment or if PAKENHAM FORKLIFT SERVICES, should determine the rental.
7 (a) The rental rate is as advised or set out on the face hereof, provided however that PAKENHAM FORKLIFT SERVICES may from time to time, during the rental consequent. Upon any variations in the costs prevailing at the date of the contract, vary such rate by giving not less than seven (7) days notice in writing.
(b) The rental rate is for the use of the equipment for not more than 38 hours in any one week. If the equipment is used for more than 38 hours in any one week an additional charge, equal to one thirty eighth of the said rental charge shall be made for each hour or part of any hour the equipment is so used in excess of 38 hours, and if the equipment is rented with operator a further additional penalty surcharge shall be payable.
c) Where a PAKENHAM FORKLIFT SERVICES. Operator is also supplied hire charges are based on a normal 7.6 hour day between the hours of 7.00 am and 5.30 pm
Mondays to Fridays. A penalty surcharge shall be payable for work outside or in excess of these hours or on weekends.
d) In addition to the payment for rental, a further surcharge will be made to cover delivery from and to the PAKENHAM FORKLIFT SERVICES Depot and unless the transport of the equipment is undertaken by PAKENHAM FORKLIFT SERVICES. The Renter is responsible for any damage thereto in the course of transport.
8. Rental charges shall commence at the time the equipment is ordered for collection or is dispatched from the Depot of PAKENHAM FORKLIFT SERVICES.
For delivery to the Renter and shall continue until the equipment is returned to the Depot, unless a specific de hiring time is agreed by PAKENHAM FORKLIFT SERVICES. Plus an allowance for transport returns time.
9 The Renter agrees to pay all charges due immediately upon receipt of invoice from PAKENHAM FORKLIFT SERVICES. Unless account Arrangements has been made in which case all accounts must then be paid within 30 days from date of invoice.
10. After the expiration of the contracted term of rental, the rental shall continue as a weekly rental until determined by either party.
11. The conditions herein stated replace other conditions of rental, if any, previously used and shall continue in force until varied or revoked.
12. Customers Units - All customer units are received on the understanding that due care will be taken but no responsibility accepted by PAKENHAM FORKLIFT SERVICES or any loss or damage which may occur.