1 Interpretation of words in this hire agreement:
1.1 Customer/hiree- is the person, business or corporation hiring Equipment from Lewis Lifts PTY LTD.
1.2 Equipment- means all plant, tools and goods supplied to the Customer.
2 Lewis Lifts PTY LTD Obligations
Lewis Lifts Will;
2 (a) allow the customer to take and use the equipment until it is due back;
2 (b) provide the equipment to the customer clean and in good working order;
2 (c) re-supply or repair the hired equipment if it fails to operate as normal;
2 (d) collect the hired equipment within 3 days of the off hire Date (scissor lifts). All other equipment pick-ups and returns shall be the responsibility of the customer;
2 (e) Scissor lift delivery and collection will be the responsibility of Lewis Lifts PTY LTD, with the Customer agreeing to pay all delivery fees;
2 (f) Lewis Lifts PTY LTD will not refund any hire charge monies if the customer elects to return the equipment prior to the end of the hire period, regardless of the reason.
3 Payment of fees by the customer to Lewis Lifts PTY LTD
3 (a) on or before the commencement of the hire period the customer will pay the hire damage waiver Fees and any taxes, ongoing scissor lift hire fee payment shall be negotiated with the customer;
3 (b) the customer will be liable for the cost of replacement of equipment lost or stolen while in their possession, the customer agrees to advise Lewis Lifts PTY LTD immediately of loss, theft or damage, damage waiver fee does not cover loss or theft of equipment;
Damage waiver fee is not insurance, this fee will cover the hirer in the event of accidental damage to the hired equipment up to the value of $400 on hired scissor lifts and $150 on all other equipment. Any damage over and above this value will be the total responsibility of the hiree. Lewis Lifts PTY LTD reserves the right to determine whether or not the damages are covered by the accidental damage waiver fee;
3 (c) It is agreed that the cost of replacement of lost or stolen equipment while in the possession of the customer shall be the current list price of the equipment;
3 (d) all costs incurred in cleaning the equipment if returned in excessively dirty condition;
3 (e) the cost of repairing all damage to the equipment caused by negligence or misuse by the customer or his/her employees;
3 (f) the cost of repairing any damage to the equipment caused by vandalism or in any other way other than the ordinary use of the equipment;
3 (g) stamp duties, GST, and any other taxes, duties payable in respect to this hire agreement;
3 (h) all cost associated with delivery and pick up of hired equipment;
3 (i) interest on any outstanding unpaid fees at the end of the hire period will 10% calculated daily;
3 (j) the cost of fuels and oil used by the customer;
3 (k) any legal costs or expenses incurred as a result of the failure of the customer to pay any charges or fees when due.
5.1 Return of equipment
The customer will;
5 (a) return the equipment when it is due back and during business hours, with the exception being scissor lifts;
5 (b) return equipment clean and in good condition;
5 (c) ensure fuel driven equipment is returned with tanks full;
6 Obligations of the customer
The customer will;
6 (a) be aware of the proper use of the equipment and that it is suitable for the purpose required;
6 (b) Operate the equipment safely, strictly in accordance with the law, only for its intended purpose and in accordance with any manufactures instructions;
6 (c) Operate all hired scissor lifts in accordance with AS2550.10 and AS1418.10
6 (d) Indemnify Lewis Lifts PTY LTD for all damage caused to persons and property in relation to the hired equipment and its operation and have insurance to cover any legal liabilities incurred as a result of the use of any hired equipment;
6 (e) Ensure that all persons operating hired equipment have been suitably instructed on its safe and proper use and where appropriate have the necessary licences;
6 (f) Comply with all occupational health and safety laws relating to the hired equipment and its operation;
6 (g) safely secure all hired equipment in/on customers vehicle;
6 (h) the customer will not tamper with, damage, repair or lose possession of the hired equipment.
7 Customer not to claim damages
The customer cannot recover from Lewis Lifts PTY LTD compensation for any damages, loss, or loss of time arising in respect of this hire agreement or the hiring or use of the hired equipment. The customer will assume all risks and liabilities for and in respect of the hired equipment and for all injuries to or deaths of persons and any damage to property arising from the customer’s possession, use, maintenance, repair, storage loading or unloading of the hired equipment.
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