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    Forklift Hire, Forklift Rental & Forklift Lease

All Lift Hire Pty Ltd Terms & Conditions

1 Definitions
In this agreement the following definitions apply:
(a) CPI means the percentage annual increase in the Consumer Price Index (All Groups weighted average of eight capital cities) published by the Australian Bureau of Statistics, or any index which officially replaces it, for the 12 months ending on expiry of the quarter immediately preceding each anniversary of the Start Date;
(b) Customer means the person or entity described as the “Customer” in the Customer Details;
(c) Customer Details means the section of the front page of this agreement headed “Customer Details”;
(d) Equipment means the equipment listed in the Equipment Details;
(e) Equipment Details means the section of the front page of this agreement headed “Equipment Details”;
(f) Excess Hour Rate the hourly rate that will be charged for excess hours where Equipment usage exceeds the “Hour usage p/a” as indicated in Equipment Details;
(g) Rates means:
(i) the daily or weekly or monthly charge for the Equipment as indicated in the Equipment Details; and
(ii) the Excess Hour Rate;
(h) PPSA means the Personal Properties Securities Act 2009 (Cth); and
(i) ALH means All Lift Hire Pty Ltd (ABN 48 068 810 739).
2 Rental of Equipment
The Customer agrees to rent from ALH, and ALH agrees to rent to the Customer, the Equipment under the terms and conditions of this agreement.
3 Rental period / term of agreement.
The rental period is specified on the front page of this agreement. (Term of Agreement) If the Equipment is retained longer than the rental period, the terms of this agreement continue to apply on a day-to-day basis.
4 Payments to be made by the Customer
The Customer agrees to pay to ALH:
(a) the Rates for the Equipment for each day or week or month (as relevant) during the Rental Period (Rental Charges) in accordance with this agreement. On 01 April each year the Rates will increase by the CPI;
(b) all taxes, including GST, stamp duty and all other duties, charges and taxes that may now or in the future be assessed or incurred in respect of this agreement (unless the payment by the Customer would be contrary to any law); and
(c) the “Delivery Charge” and the “Pickup Charge” (both as specified on the front page of this agreement),
in each case, COD or within 7 – 30 days from date of invoice or, at the request of ALH, monthly in advance by means of direct debit.
5 Servicing costs
(a) Subject to clauses 5(b) and 5(d), ALH will during the Rental Period and at its expense, repair and maintain the Equipment to a standard of good substantial repair and working order and provide all necessary parts and labour for the repairs and maintenance.
(b) If any repairs required to bring the Equipment to a standard of good substantial repair and working order is necessary, in ALH’s reasonable opinion, due to:
(i) the Customer’s failure to use the Equipment in accordance with the requirements of clause 6; or
(ii) any negligent or wilful act or omission by the Customer or the Customer’s employees, contractors or agents, then ALH will carry out such repairs on behalf of the Customer and all expenses associated with the repairs including, but not limited to parts and labour must be reimbursed by the Customer immediately upon being requested to do so by ALH.
(c) The Rental Charges are based on prices of labour and spare parts current on the date of this agreement and ALH may at any time by one month’s prior written notice to the Customer increase the Rental Charges to take account of increases in the prices of labour and spare parts. The Customer agrees to pay the increased Rental Charges as from the date specified in the notice.
(d) ALH will replace the tyres on the Equipment, if required, due to fair wear and tear (but in no other circumstances). One set per 36 months. Should tyres be required earlier than 36 months, Customer will be charged pro-rata.
6 Customer’s obligations
The Customer agrees:
(a) to insure and to continue to insure the Equipment for its full replacement value during the Rental Period for any loss including as a result of fire, accident and theft and provide ALH with evidence of the insurance if requested;
(b) to maintain public liability insurance, on an occurrence basis, covering all third party claims arising from:
(i) loss, destruction or damage to real or personal property and ensuing loss of use of that property; and
(ii) personal injury, death or disease of any person, arising out of or in connection with the Equipment, for a limit of indemnity of at least $10,000,000 any one occurrence;
(c) to use the Equipment with the utmost care and in accordance with the manufacturer’s instructions and applicable laws, regulations and by-laws, including without limitation occupational health and safety laws and regulations, codes of practice and standards, and to ensure the Customer has in place its own policies to ensure compliance with safety standards ;
(d) to carry out daily safety and maintenance checks directed to be carried out by ALH and maintain records and logs to be available
upon request ;
(e) to immediately advise ALH of any damage to the Equipment or any part of the Equipment, or any incident involving the Equipment requiring notice to any statutory authority or insurer, and to make available to ALH copies of such reports and records as may be reasonably requested by ALH;
(f) to repair punctures to the tyres of the Equipment and replace staked and, subject to clause 5(d), damaged tyres;
(g) to charge and top up with distilled water all batteries being part of the Equipment in accordance with the manufacturer’s instructions and to keep a daily log of that activity;
(h) 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 ALH from time to time;
(i) not to remove the Equipment from the Site (as specified in the Customer Details) without the prior written approval of ALH;
(j) not to do or omit to do any act or thing likely to endanger the safety or condition of the Equipment;
(k) if required by ALH, to maintain a log book specifying the days and hours during which the Equipment was used and make the log book available for inspection and copying by ALH or its representatives as and when reasonably required;
(l) to allow any representatives of ALH to enter upon any premises on which the Equipment is located for the purpose of inspecting and testing the Equipment;
(m) to make the Equipment available for service and repair during normal working hours (as advised by ALH from time to time) or pay an additional charge to ALH if ALH is required to service or repair the Equipment outside of normal working hours; and
(n) not to allow or permit any persons to drive or operate any of the Equipment unless they hold a permission, a licence to operate or a Certificate of Competency issued by the relevant statutory authority confirming their right to use the Equipment, and Customer has records to confirm their compliance with licence or training requirements.
7 Customer is bailee
The Customer acknowledges that it has no property or interest in the Equipment or any part thereof and is a bailee only. The Customer agrees that it will:
(a) make no additions or alterations to the Equipment without the prior written consent of ALH and that any additions or alterations so made whether by replacement, substitution or otherwise form part of the Equipment and is subject to this agreement;
(b) not remove, obscure or deface an identifying mark, label or device on the Equipment of any part of the Equipment; and
(c) not purport or attempt to sell, dispose of, charge or encumber the Equipment or assign the Customer’s rights under this agreement.
8. PPSA
(a) The Customer acknowledges that ALH has a security interest for the purposes of the PPS Act in the Equipment. This security interest secures all moneys owing by the Customer to ALH under this agreement or otherwise. The Customer will do everything reasonably required of it by ALH to enable ALH to register this security interests with the priority ALH requires and to maintain those registrations. The security interest arising under this clause attaches to the Equipment when the Customer obtains possession of the Equipment.
(b) ALH does not need to give the Customer any notice under the PPS Act (including notice of a verification statement) unless the notice is required by the PPS Act and that requirement cannot be excluded.
(c) If Chapter 4 of the PPS Act would otherwise apply to the enforcement of the security interests created under this Agreement, the Customer agrees that sections 95, 120, 121(4), 125, 128, 129, 130, 132(3)(d), 132(4), 134(1), 135, 142 and 143 of the PPS Act will not apply to the enforcement of those security interests
9 Limitation of Liability
(a) All implied conditions and warranties, except those which by law cannot be excluded or modified, are expressly excluded.
(b) To the extent permitted by law, the liability of ALH for breach by ALH of any implied condition or warranty which by law cannot be excluded is limited to such one of the following as ALH in its discretion may determine, namely:
(i) if the breach relates to goods, the replacement or cost of replacing the goods or repairing or the cost of repairing the goods; or
(ii) if the breach relates to services, the supplying of the services again or the cost of supplying the services again.
(c) ALH excludes all liability for any direct or indirect loss (including in each case, consequential loss, loss of profits, economic loss, loss of revenues, loss of production or loss of data), damages, expenses or cost suffered or incurred by the Customer in connection with this agreement, howsoever arising, including as a result of breach of this agreement, tort (including negligence), under an indemnity, under statute, in equity or otherwise.
(d) To the extent the acts or omissions of ALH under this agreement are shown to have caused physical injury or death, and that liability is not excluded, ALH caps its liability at one (1) times the Rental Charges paid under this agreement.
10 Customer indemnity
The Customer will be liable for and continually indemnifies ALH and its officers, employees, representatives and agents against all claims, costs, damages, losses and expenses suffered or incurred by any of those indemnified as a result of a breach of this agreement by the Customer (including, but not limited to, all legal fees, mercantile agent or other collection fees or commission and administration costs incurred by ALH) , or anything that the Customer or the Customer’s employees, agents, representatives or subcontractors do or fail to do under or in connection with this agreement.
11 Termination of this agreement
(a) ALH may immediately terminate this agreement by notice to the Customer, if the Customer:
(i) commits any breach of this agreement;
(ii) commits or suffers any act of bankruptcy;
(iii) (being a company) goes into any form of external administration; or
(iv) has execution or distress levied against the Customer’s goods.
(b) On expiry of the Rental Period (or any further period pursuant to clause 11(e)) or the termination of this agreement under any circumstances, the Customer agrees to:
(i) immediately make the Equipment available for collection by ALH; and
(ii) pay ALH any costs incurred by ALH associated with the accelerated wear and replacement of tyres where required.
(c) On the termination of this agreement pursuant to clause 11(a) or early termination by the Customer, the Customer agrees to pay to ALH:
(i) $2,000 per item of Equipment to cover the finance payout and administration costs for the Equipment; and
(ii) 60% of the Rental Charges that would otherwise have been payable from the date of termination of this agreement to the date of expiration of the Rental Period.
(d) If the Customer does not immediately make the Equipment available for collection by ALH as required by clause 11(b), ALH may enter on to any premises on which it reasonably suspects the Equipment to be and retake possession of the Equipment. If ALH being entitled to possession of the Equipment elects not to retake possession of the Equipment or all of it, then the Customer must immediately upon demand by ALH pay to ALH the current market value of the Equipment (or such of it as ALH elects not to retake repossession of) as determined by ALH in its absolute discretion.
(e) If the Customer, with the express consent of ALH, continues to retain possession of the Equipment after the expiration of the Rental Period then the Customer agrees (in so far as is applicable) to continue to observe the terms, conditions and obligations on the part of the Customer to be performed or observed pursuant to this agreement but either party may terminate the rental of the Equipment by not less than 1 business day prior written notice to the other party.
12 Notices
Any notice to be given pursuant to this agreement is duly given if delivered personally or if sent by post in a prepaid envelope addressed to the other party at the address stated on the front page of this agreement and if so posted is deemed to have been duly given on the day next after that on which it was posted.
13 Assignment
Any assignment or subcontracting by ALH is at the discretion of ALH and is not required to be notified to the counterparty prior to taking effect.
14 General
(a) The certificate of the company secretary of ALH is conclusive evidence, in the absence of any manifest error, of any amounts due, owing or recoverable by ALH pursuant to this agreement.
(b) The laws applicable in Victoria govern this agreement.
(c) The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.
(d) This agreement constitutes the entire agreement between the parties regarding the matters set out in it and supersedes any prior understandings or arrangements made between the parties, whether orally or in writing.
(e) The Customer acknowledges that it has not relied on any statements made for or on behalf of ALH prior to this agreement and, to the extent permitted by law, releases ALH from any obligation in respect of any such statements.
(f) If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
15 Special Conditions
Any additional or special conditions applying to this rental agreement appear overleaf in the section headed “Rental Agreement” and only apply when signed by both ALH and the Customer.

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